6 Tribal Law
Ellen Mathein
In the Nicolet College district, there are three sovereign Native American nations: Lac du Flambeau band of Lake Superior Chippewa Indians, Mole Lake Sokaogon Chippewa Indians and Forest County Potawatomi Indian Community. These are independent nations within the state of Wisconsin, meaning the tribes have rights and responsibilities for self-governance.
Long before the arrival of Europeans, native nations operated under successful, but varying governance systems – systems that included procedures and mechanisms for the administration of justice. An effective tribal judiciary is a major player in the process of native nation sovereignty. It upholds the nation’s constitution, helps ensure the maintenance of law and order, promotes peace and resolves conflict within the community.
The native nations in our district must adhere to federal laws. However, for some criminal and many civil matters which occur on the reservation, each has a tribal court with tribal judges who adjudicate matters. The reason for this is each tribe has customs and culture which may play a role in judicial matters. Incorporation of customs and culture has proven to be a more effective way to maintain peace and order in tribal affairs.
Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside or do business on federal Indian reservations. They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.
Tribal courts are responsible for appointing guardians, determining competency, awarding child support, determining paternity, sanctioning adoptions, marriages, and divorces, making presumptions of death, and adjudicating claims involving trust assets.
Each tribe’s constitution dictates how the tribal courts run and what jurisdiction they have.
For a deeper dive into Tribal Law, see the articles in the module and also see:
