11.2Federal, State, and Tribal Collaboration
“Michigan is privileged to be the home of 12 federally recognized Indian tribes and tribal court systems. Michigan has also enjoyed a long history of collaboration between state and tribal courts. The first Tribal State Court Forum, which was created in 1992, resulted in the creation of the ‘Enforcement of Tribal Judgments’ court rule, MCR 2.615, and, most recently, the passage of the Michigan Indian Family Preservation Act of 2012 (MIFPA).” AO 2014-12.
AO 2014-12 also established the Michigan Tribal State Federal Judicial Forum to “build[] on the past spirit of cooperation and [to] creat[e] a dialogue among the state, tribal, and federal judiciaries[.]”
A.Enactment of Michigan Court Rule 2.615
“In May 1996, the Michigan Supreme Court adopted Michigan Court Rule 2.615, which was prompted by proposals from the Indian Tribal Court/State Trial Court Forum and the State Bar of Michigan. MCR 2.615 provides for the enforcement of Indian tribal court judgments. Basically, the rule states that a tribal court judgment is recognized as long as the tribe or tribal court has enacted a reciprocal ordinance, court rule, or other binding measure that obligates the tribal court to enforce state court judgments, and that ordinance, court rule, or other measure has been transmitted to the State Court Administrative Office.” Michigan One Court of Justice Website, Native American Tribal Courts.
B.Michigan Tribal State Federal Judicial Forum
The Michigan Tribal State Federal Judicial Forum was established in 2014 and is comprised of judges from each of Michigan’s federally recognized tribes, state court judges and justices, federal judges, and other officials. See AO 2014-12.
“[The] Michigan Tribal State Federal Judicial Forum was created . . . to provide an ongoing venue for judges from [the tribal, state, and federal] jurisdictions to convene jointly [to] . . . improve working relations and communication. The work of the Forum is important to all Michigan citizens because it affects how our court systems best serve Michiganders: the ongoing issues regarding jurisdiction among the [tribal, state, and federal court systems] and how they can function cooperatively; enforcement of orders between them; and transferring cases to best serve the parties are some examples of what we are working on together.” Michigan Tribal State Federal Judicial Forum, Michigan’s Judicial Success Stories: How Tribal, State, and Federal Courts Are Collaborating to Benefit Michigan Families, p 2.
“Priorities for the Forum include addressing child welfare issues and ensuring that our respective court systems are meeting the needs of Native American children and families in a way that is culturally sensitive and appropriate. In particular, making certain that our courts are trained in the federal Indian Child Welfare Act (1978) and the Michigan Indian Family Preservation Act (2012) is one of our initiatives.” Michigan’s Judicial Success Stories: How Tribal, State, and Federal Courts Are Collaborating to Benefit Michigan Families, supra.
The Forum released a report highlighting their cooperative efforts to better meet the needs of Native American children and families. The report, Michigan’s Judicial Success Stories: How Tribal, State, and Federal Courts Are Collaborating to Benefit Michigan Families, highlights success stories to “spotlight the importance of judicial leadership and collaboration between courts, as well as the positive and lasting impact of these relationships on communities, families, and children across the state.” Michigan’s Judicial Success Stories: How Tribal, State, and Federal Courts Are Collaborating to Benefit Michigan Families, supra.