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Minutes for HB2039 - Committee on Judiciary
Short Title
Extending recognition of tribal court judgments pursuant to supreme court rules.
Minutes Content for Thu, Jan 24, 2019
Natalie Scott, Assistant Revisor, provided an overview of the Revisor's Brief for HB2039. (Attachment 3)
Judge James A. Patton, Judicial Council, testified in support of the bill. The Judicial Council recommends 2019 HB 2039 regarding the extension of full faith and credit to tribal judgments. The bill was requested by the Judicial Council on the recommendation of its Tribal-State Judicial Forum (Forum). The Judicial Council created the Forum in 2016 as a subcommittee of the Council, joining the 12 other states who have established tribal-state judicial forums-Arizona, California, Idaho, Michigan, Minnesota, New Mexico, New York, North Dakota, South Dakota, Utah, Washington, and Wisconsin. These forums work to strengthen the relationship between state courts and tribal courts by fostering mutual respect, encouraging cooperation and collaboration, and facilitating education and training.
The Council requests that a new Section 2 be inserted into the bill, reading as follows: Section 2. Nothing in this Act shall be construed to be a waiver of the sovereign immunity of the State of Kansas or a waiver of the sovereign immunity of a federally recognized Indian Tribe.
The Council recommends that HB 2039, with the above amendment, be passed. The Council believes this statute will improve the administration of justice in Kansas by providing certainty that judgments and orders issued in state or tribal courts will be reciprocally recognized and enforced. Kansas courts already recognize tribal judgments in significant areas of law, including the custody and support of children and protection of women from abuse. There is no reason not to extend that trust of tribal judicial decisions to other civil matters, such as garnishment orders and money judgments. The statute will promote judicial economy and will benefit all Kansas citizens, Indian and non-Indian alike.
Questions were addressed from the committee membership. (Attachment 4)
Joseph N. Molina III, Legislative Services Director, Kansas Bar Association provided written testimony in support of the bill. (Attachment 5)
Representative Patton indicated the Hearing on HB2039 would continue on Monday, January 28th.
Representative Patton adjourned the meeting at 4:10 pm.
