Minnesota state courts have been fairly deferential toward Tribal courts and have even adopted a state law “abstention” doctrine for certain disputes that arise in Indian country. As the Minnesota Supreme Court indicated in Gavle v. Little Six, Inc., 555 N.W.2d 284 (Minn. 1996), abstention by a state court is appropriate when the exercise of state court jurisdiction would "undermine the authority of the tribal courts over Reservation affairs" or "infringe on the right of Indians to govern themselves."  A Tribe may also wish to assert aggressive jurisdiction over domestic relations matters especially involving its children both on and off the reservation that may implicate the Indian Child Welfare Act. Although tribal courts lack criminal jurisdiction over non-Indians the federal courts have recognized that tribal courts retain extensive authority to remove non-Indians from their territories.

Regarding Tribal-State Court Affairs

All Rights Reserved.

Prairie Island Indian Community  • 5636 Sturgeon Lake Road • Welch, Minnesota • 55089  •  1-800-554-5473