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CURRENT SITUATION IN MINNESOTA REGARDING TRIBAL-STATE COURT AFFAIRS
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.
All Rights Reserved.
Prairie Island Indian Community • 5636 Sturgeon Lake Road • Welch, Minnesota • 55089 • 1-800-554-5473