By Corin La Pointe-Aitchison
The State of Oregon is set to pass historic legislation which will give tribal court orders full faith and credit in Oregon state courts. Senate Bill 183 is the product of cooperation between the Oregon State Judiciary, tribal court judges from Oregon’s nine tribal governments, and the Oregon State Bar’s Indian Law Section.
SB 183 has two primary functions.
The first is to give full faith and credit to judgments, decrees and orders from tribal courts. This will place tribal judiciaries on the same footing as the courts of other jurisdictions.
The second goal is to ensure proper recognition and enforcement of tribal protection orders for individuals to the extent they are outside the issuing tribe’s jurisdiction.
Section 1 of SB 183 utilizes the framework of Oregon’s existing full faith and credit statute, ORS Chapter 24, by amending ORS 24.105 to include recognition of tribal judgments, decrees, and orders. The intent is to afford this recognition in the same manner that full faith and credit is afforded to federal and other state courts.
Sections 2 through 4 of SB 183 provide a new framework for enforcing tribal restraining orders in state courts. These sections would bring Oregon law in line with federal law and resolve a conflict between state and federal law that now exists. Under 18 U.S.C. § 2265, Oregon must already give full faith and credit to protection orders issued by any other state, Indian tribe, or territory. SB 183 aligns ORS 24.190 with that federal requirement.
The bill is set for vote in the coming weeks and currently has no opposition in the Oregon State Legislature.
Corin La Pointe-Aitchison is an Associate in Galanda Broadman’s Seattle office and the current Co-Chair of the Oregon State Bar Association Indian Law Section.. His practice focuses on litigation involving tribal governments and enterprises, and Indian civil rights. Corin is a Koyukon Athabaskan descendant whose family hails from Nulato, Alaska.
