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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Courts

Section 1. Authorization

There is hereby established, ordained, and activated pursuant to the Constitution of the Tribe, the Judicial Branch of the Government of the Tribe with a lower Court known as the District Court and an upper Court known as the Supreme Court.

Absentee Shawnee Courts Code Section 1, AST COURTS Code Section 1



Section 2. Definitions

The following words have the meanings given below when used in this Title, unless a different meaning is obvious from the context:

(a) “Clerk” shall mean the Clerk of the Court.

(b) “Code” shall mean the statutory laws of the Tribe.

(c) “Constitution” shall mean the Constitution of the Tribe.

(d) “District Court” shall mean the lower or general trial Court operating within the jurisdiction of the Tribe.

(e) “He”, “him”, and “his” shall mean the masculine, feminine and neuter forms as appropriate unless a particular masculine, feminine or neuter form is necessary for the phrase to have meaning.

(f) “Jurisdiction” shall mean the Indian Country within the territorial jurisdiction of the Tribe.

(g) “Supreme Court” shall mean the Court of last resort to which appeals may be taken from the District Court. The judicial decisions of the Supreme Court are final and are not subject to further appeal.

Absentee Shawnee Courts Code Section 2, AST COURTS Code Section 2



Section 3. Territorial Jurisdiction

The territorial Jurisdiction of the Courts shall extend to all territory described as Indian Country within the meaning of Section 1151 of Title 18 of the United States Code over which the Tribe has authority, including tribal or individual, trust, non-trust and restricted land, and including all land owned by tribal agencies in their own name, all waters, minerals and wildlife, and any other such land, or interest in land, which may be subsequently acquired by virtue of Executive Order, a declaration or regulation of the United States Department of Interior, a declaration or order of a Court of competent jurisdiction, by purchase, gift, relinquishment, or by any other lawful means.

Absentee Shawnee Courts Code Section 3, AST COURTS Code Section 3



Section 4. Civil Jurisdiction

The Courts shall have general civil jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the Tribe including the tribal common law, over all general civil claims which arise within the tribal jurisdiction, and over all transitory claims in which the defendant may be served within the tribal jurisdiction. Personal jurisdiction shall exist over all defendants served within the territorial jurisdiction of the Court, or served anywhere in cases arising within the territorial jurisdiction of the Tribe, and over all persons consenting to such jurisdiction. The act of entry within the territorial jurisdiction of the Court shall be considered consent to the jurisdiction of the Court with respect to any civil action arising out of such entry. The act of entry upon the territorial jurisdiction by an extraterritorial seller, merchant, or their agent(s) shall be considered consent by the seller or merchant to the jurisdiction of this Court for any dispute arising out of any sale or commercial transaction regardless of where the sale or transaction was entered into or took place.

Absentee Shawnee Courts Code Section 4, AST COURTS Code Section 4



Section 5. Criminal Jurisdiction

The Courts shall have original jurisdiction over all criminal offenses enumerated and defined in any ordinance adopted by the Tribe insofar as not prohibited by federal law.

Absentee Shawnee Courts Code Section 5, AST COURTS Code Section 5



Section 6. Probate Jurisdiction

To the extent permitted by federal law the Courts shall have probate jurisdiction over all of the real and personal property located within the jurisdiction of the Court at the time of death, and the personal property, wherever located, of any person who is domiciled within the boundaries of the jurisdiction of the Court at the time of death.

Absentee Shawnee Courts Code Section 6, AST COURTS Code Section 6



Section 7. Juvenile Jurisdiction

The Juvenile Division of the District Court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent or neglected children, children in need of supervision, or children under the age of eighteen (18) accused of crime, when such children are found within the jurisdiction of the Court, or when jurisdiction is transferred to the Court pursuant to law. The Supreme Court shall hear appeals in juvenile cases as in other civil actions.

Absentee Shawnee Courts Code Section 7, AST COURTS Code Section 7



Section 8. Law to Be Applied

The Courts shall apply the Tribal Constitution, and the provisions of all statutory law heretofore or hereafter adopted by the Tribe. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, which shall be called the Common Law. When in doubt as to the Tribal Common Law, the Court may request the advice of counselors and tribal elders familiar with them. In any dispute not covered by the Tribal Constitution, Tribal Statute, or Tribal Common Law, the Court may apply any laws of the United States or any State which would be cognizable in the courts of general jurisdiction therein, and any regulation of the Department of Interior which may be of general or specific applicability. Upon this Code becoming effective, neither Part 11 of Title 25 of the Code of Federal Regulations, except those Sections thereof which are effective when the Tribe receives certain funding from the Bureau of Indian Affairs, nor State law shall be binding upon the Court unless specifically incorporated into tribal law by Tribal Statute or be a decision of the Tribal Courts adopting some federal or state law as Tribal Common Law.

Absentee Shawnee Courts Code Section 8, AST COURTS Code Section 8



Section 9. Amendments

The Executive Committee shall have the authority to alter, amend, or repeal any provision of this Title or to add new sections to this Title in its discretion.

Absentee Shawnee Courts Code Section 9, AST COURTS Code Section 9

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