TAMA -- A new system of justice for the Meskwaki people will touch on old ways.

The tribe, Iowa's only recognized Indian nation, is putting finishing touches on its own laws and court system.

The Meskwaki Tribal Court stems in part from the leadership dispute that prompted federal authorities to step in and temporarily shut down the settlement's casino in 2003. But organizers said the new method of justice is more than just a way to keep the casino open.

"Any tribe in exercising its sovereignty … should have all facets of its government in place, meaning the legislative, executive and judicial," said Elbridge Coochise, a member of the Hopi tribe of Arizona, who has been appointed chief judge for the Meskwaki Tribal Court.

"More important for the tribe is that its rules it wants to operate under and the laws under which the community is to live should be based on the tribe's norms and practices," he said.

In the past, Meskwakis had the option of airing their matters in state and federal court or taking the issue to the tribal council. The latter, however, is the process that broke down when the council itself became the heart of a dispute.

The tribe had been working on a court system years before the power struggle, but the dispute pushed the idea to the forefront.

So far, the tribe is compiling a code of law and has chosen three judges, who have experience serving on the courts of other tribes. With Coochise are Henry Buffalo Jr. of Minnesota and Kimberly Vele of Wisconsin.

A fourth judge's slot remains open, and there is the possibility the tribe will appoint a local magistrate to oversee smaller matters that need quick answers, said Jeff Rasmussen, a Minnesota attorney who helped set up the Meskwaki system.

The court hired a clerk of court and is run out of the tribal administration building.

"The court has fairly broad jurisdiction, and it's just a matter of what people file in the tribal court. We expect a full set of family law cases, child welfare related cases, some civil cases," Rasmussen said.

When it comes to dispute resolution, the tribal system differs from the American system in that the goal is less about determining winners and losers as it is about getting at the truth, he said.

An excerpt from the code says the purpose is to "seek a resolution which restores balance to the community in accordance with the customs and traditions of the tribe, repairs relationships, results in fairness and avoids principles of retribution and punishment."

"I get the sense that the process will be different than the adversarial process you normally come across in other court systems," said Buffalo, who has been a tribal judge in Minnesota since 1986.

"My sense of where the tribe wanted to go with this court was to take away some of the formality of the Western court systems in an effort to make it more friendly toward the people who will use the courts," he added.

Within the next few months, the Meskwaki Tribal Court could add a criminal code for traffic and minor offenses, Rasmussen said. The Meskwaki Tribal Court will have jurisdiction for crimes perpetrated by Indians of any tribe that take place on the settlement, he added.

Serious crimes could go to state or federal prosecutors because federal rules prohibit tribal courts from imposing punishment greater that one year in prison and a $5,000 fine. Those decisions will likely be determined on a case-by-case basis when they come up, Rasmussen said.

After a few years of operation, the tribal court will likely phase out the founding judges, who are from out of state, in favor of people drawn from the settlement, Buffalo said.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.