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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Traffic Code
Chapter 400. Forum and Procedures

Section 401. Jurisdiction of the Leech Lake Tribal Court

Section 402. Initiation of Proceedings

Section 403. Citation Requirements

Section 404. Authority of the Tribal Court

Section 405. Default Judgment and/or Citation for Contempt of Court

Section 406. Recordkeeping and Dissemination of Information

LLOjibwe TC § 401
Section 401. Jurisdiction of the Leech Lake Tribal Court

The Leech Lake Tribal Court shall exercise exclusive jurisdiction over violations of this Traffic Code by Indians as defined the Leech Lake Judicial Code, Title 1, Part II, Section 1.B.1. unless otherwise provided by applicable law.

Leech Lake Ojibwe Traffic Code § 401, LLOjibwe TC § 401



LLOjibwe TC § 402
Section 402. Initiation of Proceedings

All prosecutions for alleged violations of this Traffic Code shall be initiated by serving either a citation or a complaint upon the defendant and filing the same with the Administrator of the Leech Lake Tribal Court.

Leech Lake Ojibwe Traffic Code § 402, LLOjibwe TC § 402




LLOjibwe TC § 403
Section 403. Citation Requirements

A citation may be issued by a duly authorized law enforcement officer and shall contain, at a minimum, the name, address, and age of the defendant; the time and place of the alleged violation with reference to the section of the code alleged to have been violated; the license plate number and vehicle identification number of the vehicle, a brief description of the act(s) complained of and the amount of the fine for the violation(s) The citation shall also contain a conspicuous notice to the defendant to appear before the Leech Lake Tribal Court at a given time and date for the purpose of answering the citation. The officer issuing the citation shall sign and date the same, swearing that the person named as a defendant committed the offense charged. In every citation for a speeding violation under this Code, the officer shall specify the speed at which the defendant is alleged to have driven and the applicable speed limit at the location of the citation.

A person who has been issued a citation may, in lieu of appearing in Tribal Court on the date specified in the citation, enter a plea of guilty by signing the citation in the space provided on the citation, and paying the amount of the fine stated thereon to the Tribal Court at any time prior to the date set forth for his/her court appearance.

Leech Lake Ojibwe Traffic Code § 403, LLOjibwe TC § 403




LLOjibwe TC § 404
Section 404. Authority of the Tribal Court

The Leech Lake Tribal Court, sitting without a jury, shall have jurisdiction to hear and determine all cases arising under this Code in accordance with its terms and Leech Lake Rules of Procedure, Title 2, except where the specific provisions of this Traffic Code require otherwise.

Leech Lake Ojibwe Traffic Code § 404, LLOjibwe TC § 404





 

LLOjibwe TC § 405
Section 405. Default Judgment and/or Citation for Contempt of Court

Any person who has been duly served in with a citation in accordance with this Code who fails to appear as required before the Tribal Court, or who has not paid a designated fine, without just cause, shall be subject to a default judgment and citation for contempt of court pursuant to Section 303.

Notice of intent to seek a default judgment and/or an Order to Show Cause issued by the Tribal Court as to why the defendant should not be held in contempt, shall be served upon him or her by the Band prosecutor either personally or by mail at least twenty (20) days prior to the date set for hearing on the motion for a default judgment.

In conspicuous writing the notice shall inform the defendant (1) of the additional fine for contempt of court which may be imposed pursuant to Section 303 of this Code and (2) the enforcement mechanisms and penalties which the Tribal Court is authorized to order pursuant to Section 303A-E.

At the hearing on a motion for entry of a default judgment the Band prosecutor shall prove or make an offer of proof to the Court on each element of the underlying offense charged and the contempt.

Leech Lake Ojibwe Traffic Code § 405, LLOjibwe TC § 405

 




LLOjibwe TC § 406
Section 406. Recordkeeping and Dissemination of Information

Information collected and maintained in the administration of this Traffic Code shall be kept on file with the Tribal Court for a period of at least five (5) years, and shall otherwise be maintained in accordance with the data practices procedures of the Band.

Information collected and maintained in the administration of this Traffic Code shall not be released to other law enforcement agencies or courts of another jurisdiction unless authorized by formal agreement between the Leech Lake Band and such other jurisdiction.

Leech Lake Ojibwe Traffic Code § 406, LLOjibwe TC § 406

 

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