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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

LLOjibwe JCT1 CTS Part VII, § 1
Section 1. Assignment of Cases

The Chief Judge shall be responsible for assignment of cases and other matters for determination or disposition to the respective judges or justices of the Court.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 1, LLOjibwe JCT1 CTS Part VII, § 1



LLOjibwe JCT1 CTS Part VII, § 2
Section 2. Court Rules and Procedures

The Chief and Associate Judges of the Court may promulgate rules of procedure for the conduct of its proceedings which are not inconsistent with this Code or other governing and applicable law.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 2, LLOjibwe JCT1 CTS Part VII, § 2




LLOjibwe JCT1 CTS Part VII, § 3
Section 3. Sessions of Court

The Tribal Court may hold such sessions of court as deemed necessary, commencing at such time as designated by the Court Administrator in consultation with presiding judges for a particular case. Special sessions of the Tribal Court may be called by the Chief Judge at any time, or, in her/his absence by an Associate Judge. Judges may conduct trials or other proceedings for individual cases assigned to them at such times as they may designate, and such trials or proceedings may be recessed and reconvened from time to time until they are completed.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 3, LLOjibwe JCT1 CTS Part VII, § 3




LLOjibwe JCT1 CTS Part VII, § 4
Section 4. Jury Trials

All cases before the Tribal Court shall be tried to a judge sitting without a jury, unless a jury trial, is otherwise required by applicable law.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 4, LLOjibwe JCT1 CTS Part VII, § 4




LLOjibwe JCT1 CTS Part VII, § 5
Section 5. Means to Carry Jurisdiction into Effect

Where jurisdiction over any matter is vested in the Court, all the means necessary to carry such jurisdiction into effect are also included; and in the exercise of its jurisdiction, if the means are not specified in this Code or the rules promulgated by the Court, the Court may adopt any suitable process or mode of proceeding which appears to the Court to be fair and just and most consistent with the spirit of Band law.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 5, LLOjibwe JCT1 CTS Part VII, § 5




LLOjibwe JCT1 CTS Part VII, § 6
Section 6. Law Applicable in Civil Actions

A. In all civil actions the Court shall first apply such written laws of the Band which have been enacted by the Reservation Tribal Council.

B. Where there are no superseding written laws the Court shall apply tribal customary and traditional law if such exists. Tribal customary or traditional law shall mean those traditional values and practices of the Leech Lake Ojibwe handed down, through the generations, either orally or through writing. In the event any doubt arises as to the customs and usage's of the Band, the Court may request the advice and assistance of elders who are knowledgeable about such matters.

C. Where an issue arises in an action which is not addressed by written laws or custom and traditional law, the Court may apply the laws of any tribe, the federal government, or any state. Application of such law shall not be deemed an adoption of such law or deference to the jurisdiction from which that law originates.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 6, LLOjibwe JCT1 CTS Part VII, § 6




LLOjibwe JCT1 CTS Part VII, § 7
Section 7. Bureau of Indian Affairs Relations

No employee of the Bureau of Indian Affairs, or the Department of Interior shall obstruct, interfere with, or control the functions of the Court, nor shall she/he seek to influence such functions in any manner.

Leech Lake Ojibwe Jud. Code, T. 1, Courts Part VII, § 7, LLOjibwe JCT1 CTS Part VII, § 7

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