Now, in addition to the core tribal court caseload involving criminal offenses by Indians, tribal courts increasingly are being called upon to decide domestic, commercial and other civil cases between Indians and non-Indians in Indian Country. They are essential in preserving tribal values and tradition. One of the goals of the symposium was to find solutions that lead to recognition of tribal court orders through comity and full faith and credit. While many tribal courts recognize and enforce state court orders and judgments, some state courts do not fully reciprocate. For example, the Indian Child Welfare Act requires state courts to recognize tribal court orders concerning Indian children.
Many state courts fail to do so.
Some also fail to comply with the statutory requirement that tribes be given notice when Indian children are the subject of state court proceedings. Also, the Violence against Women Act requires for full faith and credit for protective orders issued under certain circumstances. Yet, not all tribal governments have codes for the issuance of civil protective orders. The Honorable C. Arlen Beam, Judge, U.S. Court of Appeals for the Eighth Circuit Court also attended. Since the historic National American Indian Listening Conference last year, the Department of Justice has been active in affirming the Administration's commitment to tribal sovereignty, working with tribal governments on a government to government basis and litigating on behalf of American Indian rights.