Explaining the Standing of the Tribal Court

by Tim Hudson

Delaware Tribe of Indians Tribal Council member Nate Young says he wants to talk to tribal members on the matter of the tribal court’s standing with the state district courts.

“I think this is an area that a lot of people are foggy on, and I think it’s worthwhile to discuss where we are and where we stand with the courts,” he said.

According to Oklahoma State records, the tribe was granted “Full faith and credit of tribal courts” on April 6, 1995.

Young says that this means that an order issued by the Delaware Tribal Court shall be recognized by the Courts of Oklahoma. The only event that would negate the recognition is if the losing party can show that the tribal judgment or order was obtained by lack of jurisdiction or fraud.

The Delaware tribe was one of dozens of tribes included in the agreement.

According to the State of Oklahoma’s standards for recognition of judicial proceedings in Tribal Courts, the term “Tribal Court” means “any court or constitutionally established tribunal of any federally recognized Indian nation, tribe duly established under federal law or tribal law.” The standards recognize an officer of the court as “any judge, justice, magistrate or other officer duly seated and authorized under federal or tribal law to resolve disputes and enter tribal judgments in a tribal court.” A judgment is recognized as meaning “any final written judgment, decree or order of a tribal court duly signed by a judicial officer and filed in a Tribal Court.”

“We will recognize the state’s court orders and they will recognize ours” Young says.

“Whether an order or a judgement, this and this also means temporary injunctions….as long as there is a valid order and by that the proper due process.”

He says that tribal court has jurisdiction of “anything dealing with our members and dealing with the tribe itself. “

“The tribal court has jurisdiction over that. There is also the scenario that a matter be dealt with in tribal court and taken to state court to get it enforced” he said.

“It’s really no different than Texas or Kansas recognizing Oklahoma court orders, so we the Tribe are standing on the same level as a state.”

In criminal matters the tribal court does not exercise any criminal jurisdiction.

“But we do exercise civil matters and tribal child welfare matters, the Delaware tribal court has a right to hear any cases involving Delaware children in the case of foster care or guardianship.”

“We really want our people to have an idea of how the Tribal Court system works” he says.