DES MOINES - State courts in Iowa would be directed to recognize and enforce rulings of Meskwaki tribal courts under a complex and controversial bill approved by the state Senate Wednesday.

The bill, approved 27-20, would extend conditional full faith and credit to civil rulings by Meskwaki courts, the same legal doctrine that allows courts recognize rulings from other states. Backers of Senate File 430 argued that the tribe's nearly 2-year-old court system is operating well and deserves state recognition.

Supporters also insisted there are safeguards. Parties who believe they were treated unfairly by the tribal court can ask a state court to set aside the ruling.

The bill would not affect criminal cases.

"It is high time we show respect to the Meskwaki nation," said Sen. Keith Kreiman, D-Bloomfield, an attorney who is the bill's lead sponsor. "I will tell you, as a practicing lawyer, we are doing the right thing."

Other lawyers disagree. The Iowa Bar Association and the Iowa Academy of Trial Lawyers oppose the bill.

Critics charged that sovereign tribal courts don't follow the same rules or offer the same legal protections afforded to Iowans in state courts. Sen. Larry McKibben, R-Marshalltown, an attorney, called Wednesday "a dark day."

"The citizens of the state of Iowa now are subject to Indian custom, rules and laws, and traditions," McKibben said after Wednesday morning's debate. "I don't think Iowans are going to take kindly to that."

McKibben tried and failed to replace full faith and credit with "comity," a different legal approach endorsed by the bar association. Under comity, state courts would recognize tribal rulings but would be under no obligation to enforce them.

Kreiman and other supporters rejected McKibben's amendment.

"If you look at the Meskwaki court system it's just about identical to ours when it comes to process and substantive rights," Kreiman said.

Tom Jochum, a lobbyist for the Meskwaki tribal courts, said opponents are over-reacting to the bill's implications.

He said Meskwaki courts have handled more than 100 cases, and none have been challenged in state district court. Iowa courts already recognize tribal rulings in child welfare cases.

Seven states, Jochum said, grant some form of full faith and credit to tribal courts.

"None of the problems that the opponents have raised have surfaced in those other states. This is a question of trust," Jochum said. "The Meskwaki tribal court is open, they have professional judges."

The bill's future beyond the Senate is uncertain. Kreiman gives the bill a 50-50 chance of passing the House and changes to the bill are possible.

Contact Todd Dorman at (515) 243-0138 or at todd.dorman@lee.net