Public hearing on transferring cases to tribal courts to go all day

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As promised, the Wisconsin Supreme Court plans to both review a rule that lets circuit courts transfer cases to tribal courts and consider a petition that would have the same rule repealed.

The rule, contained in state statute 801.54, was passed six years ago. It has since been modified to let tribes hear child-support cases that are sent to them from state courts. The rule has been a subject of controversy among the justices ever since its adoption.

Six tribes in Wisconsin receive federal money to operate child-support programs. More than 2,000 of those cases have been transferred to various tribes since July 1, 2009, when the Supreme Court approved an amendment to the rule allowing child-support cases to be moved to the tribal courts, according to the state Department of Children and Families.

The state’s high court is scheduled on Tuesday to hear testimony on both the review of the transfer rule and the petition for its repeal. The justices are also scheduled to take up the repeal petition during an open-rules conference to be held after the public hearing.

Supreme Court Commissioner Julie Rich said the hearing is expected to last all day and, aside from three people giving presentations, about 17 others have registered to speak at the hearing, including tribal judges and Oneida tribe members. Rich said she expects others to sign up to speak on the day of the hearing.

Discussion of the transfer rule was revived when six members of the Oneida Tribe of Indians of Wisconsin petitioned the court in July 2014 to repeal it. They argued that 801.54 should be eliminated to take away power from the Oneida Nation judiciary, which they allege is biased and favors nepotism over justice.

More specifically, the group’s leader, Nona Danforth, said judicial officers in the tribe erred when they granted joint custody of her child to her and her ex-boyfriend.

Following a public hearing later in October 2014, the justices decided to consider the petition in 2015, when the rule was up for review.

Supporters of the rule say it brings efficiency and clarity to the process of transferring cases from the trial courts to tribal courts. Repeal, they contend, would plunge judges and the court system back into a state of confusion.

The goal behind allowing the transfers was to let the tribes’ police matters involving their own members. Proponents of sovereignty say a tribe is better equipped to handle judicial decisions in a way that meets its cultural needs.

Aside from the current review, the justices’ most recent look at the transfer rule was in 2010. Follow @erikastrebel