Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code
Title 1. Courts
Part VI. Contempt of Court
Willful behavior by any person which disrupts, obstructs, or otherwise interferes with the conduct of any proceeding by the Court, which obstructs or interferes with the administration of justice, or which constitutes disobedience or resistance to or interference with any lawful summons, subpoena, process, order, rule, decree or command of the Tribal Court shall constitute contempt. The willful failure of a party to comply with the terms of a judgment directed against him/her, with which she/he is able to comply, shall be contempt of court which shall be punished in the manner prescribed by this Code.
Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VI, § 1, LLOjibwe JCT1 CTS Part VI, § 1
When contempt of court is committed in the presence of a Tribal Judge it may be punished summarily by that judge. In such case an order shall then be made reciting the facts constituting the contempt, adjudging the person guilty of contempt, and prescribing the punishment therefore in accordance with Section 4 of this Part. Failure to appear in response to any citation of an enforcement officer of the Band on any matter, or to a subpoena, summons, order or other notice, duly issued by the Court, shall constitute contempt in the presence of the Court and may be summarily punished by the Court without further notice.
Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VI, § 2, LLOjibwe JCT1 CTS Part VI, § 2
Current through Oct. 25, 2010
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When it appears to the Court that a contempt may have been committed out of the presence of the Court, it may issue a summons to the person so charged directing her/him to appear at a time and place designated for a hearing and show cause why he/she should not be held in contempt. If such person served with the summons fails to appear at the time and place so designated, the Tribal Court shall conduct a hearing, and if it finds him/her guilty of contempt, an order shall then be made reciting the facts constituting the contempt, adjudging the person guilty of contempt, and prescribing the punishment therefore in accord with Section 4 of this Part VI.
Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VI, § 3, LLOjibwe JCT1 CTS Part VI, § 3
Any person found in contempt of court shall be subject to a fine not to exceed five hundred dollars ($500) and imprisonment not to exceed ninety (90) days, as may be determined by a judge of the Court. The person charged or found in contempt shall be notified of the finding of the Court and the prescribed punishment by any means permitted in this Code for service of process and the penalty may be enforced by the means provided in this section or for the execution and enforcement of judgments as provided in Title 2 of this Code.
If the Court determines to impose a penalty of imprisonment it is authorized to issue a warrant commanding a law enforcement officer of the Band to arrest the person and detain him/her pending a hearing before the Court. The warrant issued shall provide for release on cash bail in an amount set by the Court not to exceed the amount of fines or restitution for any underlying offense(s) together with the contempt penalty which has been or could be imposed.
Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VI, § 4, LLOjibwe JCT1 CTS Part VI, § 4