In the early 2000s, Chief Judge Judith Kaye asked Manhattan Supreme Court Justice Marcy Kahn and Bronx Supreme Court Justice Edward Davidowitz to create a group that would promote understanding and reduce jurisdictional conflict between the justice systems of New York’s indigenous tribal nations and the federal and state courts. Other states, mainly in the West and Midwest, had established similar groups beginning in the 1980s. The proposal was received positively by the nine state-recognized tribal nations and, in 2003, the New York Federal-State-Tribal Courts and Indian Nations Justice Forum was born.
The forum does not address issues that have proven among the most contentious for state-tribal relations: land claims, taxation, gaming, tribal sovereignty or matters in litigation. It attempts to keep open lines of communication between federal, state and tribal judicial officials so they can share best practices and cooperate on issues that cross jurisdictional grounds, such as family law, child support and the reentry of offenders into communities. In September, the forum will reprise its “listening conference” where federal, state and tribal justice leaders will share concerns and potential resolutions.
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