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Walking on Common Ground In Wisconsin Wisconsin Tribal Judges’ Association Wisconsin Supreme Court

Walking on Common Ground In Wisconsin Wisconsin Tribal Judges’ Association Wisconsin Supreme Court.

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Walking on Common Ground In Wisconsin Wisconsin Tribal Judges’ Association Wisconsin Supreme Court

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  1. Walking on Common Ground In Wisconsin Wisconsin Tribal Judges’ Association Wisconsin Supreme Court

  2. "Central to tribal sovereignty is the capacity for self-government through tribal justice mechanisms. . . . [T]ribal justice systems are 'essential to the maintenance of the culture and identity of Indian tribes.

  3. The principles of comity applicable to state court-tribal court relations are built upon the goal of fostering tribal self-government through recognition of tribal justice mechanisms.

  4. principles of comity must guide both the circuit court and tribal court when they are faced with the dilemma of concurrent jurisdiction

  5. if the state court interprets Wis.Stat.§806.245 as a first-to-judgment rule, the result will be a race to judgment and state courts and tribal courts will have no incentive to work together in respect and cooperation to further the dignity of each court system and the orderly administration of justice when both courts have concurrent jurisdiction.

  6. Comity is based on respect for the proceedings of another system of government and a spirit of cooperation. Comity endorses the principle of mutual respect between legal systems

  7. In the context of state-tribal relations, principles of comity must be applied with an understanding that the federal government is, and the state courts should be, fostering tribal self-government and tribal self-determination.

  8. state governments can develop an increased understanding of tribal sovereignty, encourage deference to and support for tribal courts, and advance cooperation, communication, respect and understanding in interacting with tribal courts.

  9. Federal - State - TribalRelationships Federal Tribal State

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