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Indian Nations
Governmental Affairs


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Effective tribal sovereignty and the full exercise of the tribal right of self-government requires 1) government structures that encourage political stability, 2) enactment of comprehensive tribal laws to preempt assertions of regulatory authority by state and municipal governments, and 3) tribal participation in federal and state political processes. The first two elements of effective sovereignty relate to internal matters while the latter two relate to a tribe’s external relations. Godfrey & Kahn’s Indian Nations Law Team members have experience assisting tribes in all three, including representation relating to

  • Advice in connection with laws that provide separation of powers, establishment of independent tribal courts, and limited procedures for orderly administrative review of tribal government actions that do undermine elected leaders’ ability to govern
  • Confidential internal audits of government operations, under the direction of a Godfrey & Kahn attorney and former federal prosecutor; such internal audits provide reliable information tribal leaders need, prevent needless unfounded rumors in the community, and allow tribes to correct their own problems without interference from outside law enforcement agencies that could damage the tribe’s credibility
  • Drafting of tribal laws that assert the full measure of tribal regulatory authority under federal Indian law and assure that matters involving the Tribe and its members are heard in the Tribe’s court, including ordinances relating to land use, environmental matters, sacred sites, commercial dealings with members, consumer laws, etc; as well as laws that establish tribal law enforcement agencies, tribal realty offices and tribal land records systems
  • Advice in connection with state and federal legislative process, federal and state administrative agencies, and federal and state campaign finance, ethics, election and lobbying laws. Godfrey & Kahn's political law practice group, led by Mike Wittenwyler, manager of Senator Russ Feingold's 1998 re-election campaign, can help tribe's navigate state and federal administrative and legislative process to promote economic development, achieve political goals, and protect sovereignty.

Godfrey & Kahn, S.C. is a general practice law firm of approximately 200 attorneys with Wisconsin offices in Milwaukee, Madison, Green Bay, Waukesha and Appleton, as well as offices in Washington, D.C. and Shanghai, PRC. The mission of the Godfrey & Kahn Indian Nations Law Team is to assist tribal governments and other entities that partner with tribes, in strengthening tribal sovereignty, preserving tribal natural and cultural resources, and improving the quality of life of tribal members.

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