Board of Governors supports e-filing petition, tribal court transfers

The State Bar’s Board of Governors has voted to oppose a petition that would eliminate a rule that lets the circuit courts transfer cases to the tribal system.

The board unanimously voted at Saturday’s meeting to oppose the petition and support the position of the State Bar’s Indian Law Section. The section wants to retain the current rule, 801.45, which allows circuit courts to transfer cases, usually child support cases, to the tribal system. The rule was passed on a 4-3 vote seven years ago and has been a subject of debate among the justices ever since.

A small group of members of the Oneida Nation filed the petition, arguing that the rule should be appealed because, in their view, the Oneida Nation judiciary favors nepotism over justice.

A public hearing on the petition is scheduled for Nov. 10.

The board also unanimously voted Saturday to support a petition to require e-filing in the state’s appellate courts.