The forum makes recommendations to the council for improving the administration of justice in all proceedings in which the authority to exercise jurisdiction by the state judicial branch and the tribal justice systems overlaps.
In addition to the duties described in rule 10.34, the forum must:
The forum must include the following members:
The composition of the forum must have an equal or a close-to-equal number of judges or justices from tribal courts and state courts.
The Chief Justice appoints a state appellate justice or trial court judge and a tribal court appellate justice or judge to serve as cochairs, consistent with rule 10.31(c).
Cal. R. Ct. 10.60
Judicial Council Comment
Tribes are recognized as distinct, independent political nations (see Worcester v. Georgia (1832) 31 U.S. 515, 559, and Santa Clara Pueblo v. Martinez (1978) 436 U.S. 49, 55, citing Worcester), which retain inherent authority to establish their own form of government, including tribal justice systems. (25 U.S.C.A. § 3601(4).) Tribal justice systems are an essential part of tribal governments and serve to ensure the public health and safety and the political integrity of tribal governments. (25 U.S.C.A. § 3601(5).) Traditional tribal justice practices are essential to the maintenance of the culture and identity of tribes. (25 U.S.C.A. § 3601(7).)
The constitutional recognition of tribes as sovereigns in a government-to-government relationship with all other sovereigns is a well-established principle of federal Indian law. (See Cohen's Handbook of Federal Indian Law (2005) p. 207.) In recognition of this sovereignty, the council's oversight of the forum, through an internal committee under rule 10.30(d), is limited to oversight of the forum's work and activities and does not include oversight of any tribe or tribal court.