Kroner v. Oneida Seven Generations Corp.

¶ 70. {concurring). This is the first case to come before us based on a nonconsensual transfer of a nontribal member's lawsuit to tribal court pursuant to Wis. Stat. § 801.54. *659We are asked to evaluate whether the transfer to tribal court was lawful. I do not join the lead opinion of Justice N. Patrick Crooks, but rather conclude that the transfer to Oneida Tribal Court was not lawful because: (1) § 801.54 was retrospectively applied in violation of John N. Kroner's vested substantive, constitutional rights, including, but not limited to, his right of access to Wisconsin courts granted by…