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Meskwaki chief urges veto of courts bill

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TAMA - The hereditary chief of the Meskwaki Nation urged Gov. Chet Culver this week to veto a controversial bill that would allow state courts to recognize and enforce rulings of tribal court.

Charles Old Bear sent a letter May 3 stating it was "necessary to intercede" because the bill may violate the Meskwaki tribal constitution by altering tribal law. Any changes to the law must be vetted by enrolled members first, he added.

Old Bear said tribal members received a copy of the bill "long after various nontribal representatives have negotiated, debated and proposed to your office matters that are relevant to jurisdictional and judicial factors," thus bypassing the tribe's bylaws.

The Legislature passed the bill, Senate File 430, in April. The draft was a watered-down version of a bill passed by the Senate in March that extended conditional full faith and credit to civil decisions made by the Meskwaki courts, the same doctrine that allows courts to recognize rulings made in other states.

Under the new version of the bill, judges can recognize decisions from the tribal court but are not required to adhere to them.

Culver must now decide whether he will sign or veto the measure.

The bill's backers say the 2-year-old tribal court is operating well and deserves state recognition.

Ray Young Bear, an enrolled member of the Meskwakis, said a number of problems exist in the bill. He believes those include measures to protect private property on the tribe's settlement near Tama.

"Granted, I'm no lawyer nor do I know why such encroachments would be allowed by outgoing tribal councilmen, but Senate File 430 is so infused with presumptive legalisms that Meskwaki sovereignty may be in harm's way," Young Bear said.

He said the bill needs to be properly reviewed by all members of the Meskwaki tribe before any further legislative action is taken. He said if necessary, there may be a referendum for enrolled members of the tribe to decide whether to endorse a future version of the bill.

Contact Josh Nelson at (319) 291-1565 or josh.nelson@wcfcourier.com.

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