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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Courts
Chapter Six. Miscellaneous

 

Section 601. Deputy May Perform Official Duties

Any duty enjoined by the Tribal Code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy unless otherwise specifically stated.

Absentee Shawnee Courts Code Section 601, AST COURTS Code Section 601



Section 602. Affirmation

Whenever an oath is required by the Tribal Code, the affirmation of a person, conscientiously scrupulous of taking an oath shall have the same effect.

Absentee Shawnee Courts Code Section 602, AST COURTS Code Section 602



Section 603. Publications in “Patent Insides”

(a) Every daily or weekly newspaper published continuously for a period of two years in any county in which a portion of the tribal jurisdiction lies, or within or adjacent to the tribal jurisdiction, and the Tribal Newspaper shall be recognized and authorized to publish all publications and notices required or permitted to be published by the Tribal Code.

(b) All publications and notice required by law to be published in a newspaper, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were published in newspapers printed wholly and published as required by Subsection (a) of this Section if at least one side of such paper is printed within the legal area.

Absentee Shawnee Courts Code Section 603, AST COURTS Code Section 603



Section 604. Action on Official Bond

When an officer, executor, or administrator within the jurisdiction of the Tribe by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law; entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor, or administrator and his sureties, or may proceed in a proper case as provided in the Civil Procedure Act, to recover the amount to which he may be entitled by reason of the delinquency.

Absentee Shawnee Courts Code Section 604, AST COURTS Code Section 604



Section 605. May Be Several Action on Same Security

A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.

Absentee Shawnee Courts Code Section 605, AST COURTS Code Section 605



Section 606. Immaterial Errors to be Disregarded

The Court, in every stage of action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such immaterial or harmless error or defect.

Absentee Shawnee Courts Code Section 606, AST COURTS Code Section 606



Section 607. Payments Into Court for Minors and Incompetents

Where any amount of money not exceeding five hundred dollars ($500.00) shall be deposited and paid into Court by virtue of any judgment, order, settlement, distribution, or decree for the use and benefit of, and to the credit of, any minor or incompetent person having no legal guardian of his estate appointed by the Court, and no person shall within ninety (90) days thereafter become the legal and qualified guardian of the estate of such minor or incompetent person, if it appears to the Court that such money is needed for the support of such minor or incompetent person or that it is otherwise for the best interest of such minor or incompetent person, the Court may, in its discretion, order payment of such funds to be made to any proper and suitable person as trustee for such minor or incompetent person, with bond, as the Court may direct, to be expended for the support, use, and benefit of such minor or incompetent person. Such order may be made by the Court in the original cause in which the funds are credited upon the application of any interested person; and the Court may direct the Clerk of the Court to make payment of the same to be made in installments or in one lump sum as may seem for the best interests of such minor or incompetent person. If a qualified guardian has been appointed by the Court, with bond, the Court shall order the money paid to the guardian for the use of the minor or incompetent person, subject to such restrictions and accounting as the Court may direct.

Absentee Shawnee Courts Code Section 607, AST COURTS Code Section 607



Section 608. Conserving Moneys Obtained for Minors or Incompetent Persons

Moneys recovered in any Court proceeding by a next friend or guardian ad litem for or on behalf of a person who is less than eighteen (18) years of age or incompetent in excess of five hundred dollars ($500.00) over sums sufficient for paying costs and expenses including medical bills and attorney's fees shall, by order of the Court, be deposited in a banking or savings and loan Institution, approved by the Court. Until the person becomes eighteen (18) years of age or competent to again handle his affairs, withdrawals of moneys from such account or accounts shall be solely pursuant to order of the Court made in the case in which recovery was had. When an application for the order is made by a person who is not represented by an attorney, the Judge of the Court shall prepare the order. This section shall not apply in cases where a legal guardian has been appointed by the Court for the estate of the minor or incompetent person with adequate bond to secure any money released. In such cases, such money, or any portion thereof as the Court may direct, may be paid over to the guardian to be used exclusively for the support and education of such minor or incompetent person, subject to such restrictions and accounting as the Court shall direct.

Absentee Shawnee Courts Code Section 608, AST COURTS Code Section 608



Section 609. Sharing of Judicial Officers

Notwithstanding any other provision of this Title, the Executive Committee is hereby authorized to negotiate an agreement with the Bureau of Indian Affairs any or other Indian Tribe for the shared use of magistrates, trial judges, and appellate court justices. In addition to any other necessary or convenient provision, such agreements may determine the method of selection and retention of shared judicial officers, their compensation, and required duties. When acting on behalf of the Tribe, such magistrates, judges, or justices shall have all the powers and authority vested in a Magistrate, Judge, or Justice of the Tribe. Such judicial officers may be in addition to, in lieu of, or the same as, those Magistrates, Judges, and Justices authorized by this Title.

Absentee Shawnee Courts Code Section 609, AST COURTS Code Section 609



Section 610. Sharing of Other Judicial Personnel

Notwithstanding any other provision of this Title, the Executive Committee is hereby authorized to negotiate an agreement with the Bureau of Indian Affairs or any other Indian Tribe for the shared use of Court Clerks, Attorneys General, Bailiffs, Court Reporters, and other judicial related or support personnel. In addition to any other necessary or convenient provision, such agreements may determine the method of selection and retention of shared personnel, their compensation, and required duties. When acting on behalf of the District and Supreme Courts, such personnel shall have all the powers and authority of the equivalent position in the Tribal Code. Such personnel may be the same as, in addition to, or in lieu of, tribal personnel in these positions.

Absentee Shawnee Courts Code Section 610, AST COURTS Code Section 610



Section 611. Sharing of Material Resources

Notwithstanding any other provision of Tribal law, the Executive Committee is hereby authorized to negotiate an agreement with the Bureau of Indian Affairs, any other Indian Tribe, or any other unit of government for the shared use of facilities, including courtroom, offices, and jail space, equipment, and supplies necessary for the operation of the Court and law enforcement agencies of the Tribe.

Absentee Shawnee Courts Code Section 611, AST COURTS Code Section 611



Section 612. Sharing of Financial Resources

Provision may be made in the above mentioned agreements for the allocation of fines, fees, and court costs to support the functions of the judicial system, provided, that the salaries of the magistrates, judges, justices, and Attorney General shall not be subject to, or contingent upon the assessment or collection of any such fines, fees, court costs, or penalties. Such agreements may also provide for certain monetary contributions by the participating Tribe or agencies to the funding of the Court and provide a formula therefore, and may designate any particular grant money for the use of the Court, or may designate the Court as a prime contractor, grantee, or similar designation to authorize the Court to apply directly to any funding source for any grant or contract funds available for the operation of the Court.

Absentee Shawnee Courts Code Section 612, AST COURTS Code Section 612



Section 613. Indians Employed in the Indian Service

All persons employed in the Indian Service shall be subject to the jurisdiction of the Court to the extent permitted by law in any civil or criminal action, but any such employee appointed by the Secretary of the Interior shall not be subject to any sentence or judgment of the Court for actions while on official duty except to the extent permitted by federal law, unless such sentence or judgment shall have been approved by the Secretary of the Interior.

Absentee Shawnee Courts Code Section 613, AST COURTS Code Section 613



Section 614. Copies of Laws

(a) The Supreme Court law library shall be provided with copies of all Federal, Tribal, and State laws and the regulations of the Bureau of Indian Affairs which may be applicable to the conduct of any persons within the tribal jurisdiction.

(b) Whenever the Court is in doubt as to the meaning of any law, treaty, or regulation, it may request the Attorney General to furnish an opinion on the point in question.

Absentee Shawnee Courts Code Section 614, AST COURTS Code Section 614



Section 615. Co-operation by Federal Employees

(a) No field employee of the Indian Service shall obstruct, interfere with, or control the functions of the Courts of the Tribe, of influence, or attempt to influence, Interfere with, obstruct, or control such functions in any manner except in response to a request for advice or information from the Court.

(b) Employees of the Bureau of Indian Affairs and the Indian Health Service, particularly those who are engaged in police, social service, health, and educational work, shall assist the Court upon its request in the preparation and presentation of the facts in the case, and in the proper treatment of offenders and juveniles.

Absentee Shawnee Courts Code Section 615, AST COURTS Code Section 615



Section 616. Effect of Prior Decisions of the Court

The prior decisions of the Courts acting for the Tribe shall be binding upon the parties thereto. The rules of law stated in such decisions, not inconsistent with Tribal statutes enacted after such decisions, shall be precedent in the Courts subject to modification or being overruled by subsequent opinion of the Court as in other cases.

Absentee Shawnee Courts Code Section 616, AST COURTS Code Section 616



Section 617. Judicial Review of Legislative and Executive Actions

The District and Supreme Courts shall have the authority to review any act by the Executive Committee, or any tribal officer, agent, or employee to determine whether that action, and the procedure or manner of taking that action, is Constitutional under the Tribal Constitution, authorized by tribal law, and not prohibited by the Indian Civil Rights Act. If the Court finds such action, or the manner of its exercise, to be unlawful, it may enjoin the action, refuse to recognize an unlawful action or refuse to apply the law or statute in question. If the Court finds that the contemplated action is authorized by the Constitution and Tribal Statutes enacted thereto, or the common law, and that the manner in which the authorized action is to be exercised is not prohibited by the Tribal Constitution, Tribal statutes enacted pursuant thereto, or federal law, the Court shall dismiss the case. The Court shall not otherwise review the exercise of any authority committed to the discretion of a tribal officer, agency, agent, or employee by Tribal law unless some specific provision of law authorizes judicial review of the merits of the discretionary decision or action.

Absentee Shawnee Courts Code Section 617, AST COURTS Code Section 617



Section 618. Action When No Procedure Provided

Whenever no specific procedure is provided in the Tribal Code, the Court may proceed in any lawful fashion.

Absentee Shawnee Courts Code Section 618, AST COURTS Code Section 618

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