BackgroundWhat began with a simple request by one tribal court judge for a meeting with the Chief Justice of the State of California has taken us to where we are today in California, the coming together of tribal court and state court leaders as equal partners to address areas of mutual concern. The first, historic meeting was held in December 2009 (see news release) and led to the establishment of the Tribal Court-State Court Forum (forum) in May 2010. In October 2013, the California Judicial Council adopted
rule 10.60 of the California Rules of Court establishing the forum as a formal advisory committee. In adopting this rule, the Judicial Council added a Comment acknowledging that tribes are sovereign and citing statutory and case law recognizing tribes as distinct, independent political nations that retain inherent authority to establish their own form of government, including tribal justice systems.
Charge
The forum makes recommendations to the council for improving the administration of justice in all proceedings in which the authority to exercise jurisdiction by the state judicial branch and the tribal justice systems overlaps.
In addition to the duties described in rule 10.34, the forum:
- Identifies issues of mutual importance to tribal and state justice systems, including those concerning the working relationship between tribal and state courts in California;
- Makes recommendations relating to the recognition and enforcement of court orders that cross jurisdictional lines, the determination of jurisdiction for cases that might appear in either court system, and the sharing of services between jurisdictions;
- Identifies, develops, and shares with tribal and state courts local rules of court, protocols, standing orders, and other agreements that promote tribal court–state court coordination and cooperation, the use of concurrent jurisdiction, and the transfer of cases between jurisdictions;
- Recommends appropriate activities needed to support local tribal court–state court collaborations; and
- Makes proposals to the Governing Committee of the Center for Judicial Education and Research on educational publications and programming for judges and judicial support staff.