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Ak Chin Indian Community of the Maricopa (Ak Chin) Indian
Reservation, Arizona  - Tribal Code

Revised: 1975

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Table of Contents

Law and Order Code

Ch. I. General -- 1.1. Crime defined. 1.2. Crime is misdemeanor when no penalty described. 1.3. Multiple punishment possible - concurrent jurisdiction. 1.4. Limitations of time for initiating prosecution. 1.5. Reservation defined. 1.6. Persons subject to jurisdiction. 1.7. Consent to jurisdiction. (3 pgs).

Ch. II. Court and police community court -- 2.1. Jurisdiction of court. 2.2. Composition of the court. 2.3. Definition of court. 2.4. Appointment of judges. 2.5. Term of office. 2.6. Disqualification to act. 2.7. Responsibility for transmitting fines. 2.8. Removal of judges. 2.9. Standard of conduct for judges. 2.10. Duties of judges. 2.11. Assignment of judges. 2.12. Responsibility of judges, fines and records. 2.13. Contempt. 2.14 - 2.29. Reserved. 2.30. Clerk of the court, duties. 2.31. Court records. 2.32. Court seal. 2.33. Issuance of documents. 2.34 - 2.49. Reserved.  Coroner's court (2.50. Authority. 2.51. Death by natural causes. 2.52. Death by other than natural causes. 2.53. Report of death. 2.54 - 2.60 Reserved).  Police (2.61. Police defined. 2.62. Police to enforce ordinances. 2.63. Resisting, delaying, coercing or obstructing a peace officer). (5 pgs).

Ch. III. Procedure in criminal cases pre-arrest -- 3.1. Complaints.  3.2. Form of complaint.  3.3. Warrants to apprehend. 3.4.  Form of warrants to apprehend. 3.5.  Service of warrants.  3.6. Liability for false arrest with warrant. 3.7.  Arrest without warrant. 3.8. Liability for false arrest without warrant.  3.9.  Search of defendant.  3.10. Warnings upon arrest. 3.11. Search warrants.  3.12. Disposition of seized property. 3.13. Sale of abandoned or confiscated property. 3.14 - 3.19. Reserved.  Post-arrest (3.20. Post arrest procedure -- advising defendant of his rights. 3.21.  Post arrest procedure --arraignment.  3.22. Length of  commitment. 3.23 - 3.29. Reserved). Trials (3.30. Trials -- appearance of witnesses. 3.31. Trials -- subpoenas. 3.32. Trials -- change of plea. 3.33. Trials -- impaneling the jury. 3.34. Trials -- challenges for cause. 3.35. Trials -- preemptory challenges. 3.36. Trials -- order of trial. 3.37. Trials -- presence of defendant required. 3.38. Trials -- instructing the jury. 3.39. Trials -- rendering verdict. 3.40. Trials -- not guilty finding. 3.41. Trials -- guilty finding. 3.42. Costs of jury.  3.43 - 3.49. [Reserved]. 3.50. Trials -- insanity.  3.51. Trials -- plea of not guilty by reason of insanity.  3.52. Trials -- detention during insanity. 3.53. Trials -- recovery from insanity.  3.60. Trials -- sentencing by the court. 3.61. Trials -- Length of sentence. 3.62. Trials -- commencement of sentence. 3.63. Trials -- different punishments for same offense barred. 3.64 Trials -- addition of hard labor to sentence. 3.65. Trials -- reduction of sentence by working. 3.66. Trials -- additional penalty. 3.67. Trials -- determining factors considered by the court. 3.68. Trials -- imprisonment until fine paid. 3.69. Trials -- addition of fine to imprisonment when not prescribed. 3.70. Trials -- punishment for misdemeanor when not prescribed. 3.71. Trials -- computation of sentence -- intermissions. 3.72. Trials -- suspension of sentence -- probation. 3.73. Trials --juveniles defined. 3.74. Trials of juveniles. 3.75. Trials -- sentencing of juveniles. 3.80. Trials -- deposit of fines. 3.81. Trials -- utilization of money received by the court. 3.82. Trials -- responsibility of judge for funds. 3.83. Trials -- audits of funds.  3.84. Trials -- costs of bookkeeping. 3.90. Appeal of sentence in criminal matters. 3.91. Time for appeal. 3.92. Transmittal of record. 3.93. Consideration by council. 3.94. Matters to be considered on appeal. (17 pgs).

Ch. IV. Classification of crime and punishment -- 4.1. Accomplice -- testimony and corroboration. 4.2. Accomplice punishable as principle. 4.3. Accessories -- defined. 4.4. Prosecution of accessories. 4.5. Attempt -- defined. 4.6. Conviction for attempt, although crime perpetrated. 4.7. Intent necessary. 4.8. Effect of intoxication or drugs.  Crimes against other people (4.10. Aggravated assault or battery. 4.11. Justification for use of force. 4.12. Assault and battery. 4.13. Cheats and frauds. 4.14. Burglary. 4.15. Conspiracies. 4.16. Extortion. 4.17. Libel. 4.18. Mayhem. 4.19. Poisoning. 4.20. Rape. 4.21. Robbery. 4.22. Theft. 4.23 - 4.29. Reserved).  Crimes against property (4.30. Arson. 4.31. Joy riding. 4.32. Receiving stolen property. 4.33. Setting fires. 4.34. Trespass. 4.35. Malicious mischief.  4.36 - 4.39. Reserved).  Other crimes (4.40. Bad checks. 4.41. Bribery. 4.42. Carrying a concealed weapon. 4.43. Cruelty to animals.  [The page containing 4.44, 4.45, and part of 4.46 is missing]. 4.44. Disorderly conduct. 4.45. Drunk and disorderly. 4.46. Escape or rescue from jail. 4.47. Forgery. 4.48. Giving false information to officer. 4.49. Littering. 4.50. Misuse of firearms. 4.51. Nuisances. 4.52. Perjury. 4.53. Permitting swine or fowl to run at large. 4.54. Vagrancy. 4.55. Curfew. 4.56 - 4.59. [Reserved]).  Crimes involving sex and minors (4.60. Abandonment of wife or child. 4.61. Abduction. 4.62. Abortion. 4.63. Adultery. 4.64. Bigamy. 4.65. Cohabitation. 4.66. Contributing to the delinquency or dependency of a child. 4.67. Crimes involving children. 4.68. Failure to send children to school. 4.69. Furnishing tobacco to a minor. 4.70. Incest. 4.71. Indecency. 4.72. Lewdness. 4.73. Lewdness with a child (molesting). 4.74. Obscenity. 4.75. Pandering. 4.76. Prostitution. 4.77. Seduction).  Drug and liquor code (4.78. Crimes relating to intoxicating beverages. 4.79. Furnishing liquor to prisoners. 4.80. Vapor sniffing. 4.81. Prescription drugs. 4.82. Drug laws. 4.83. Possession. 4.84. Importation. 4.85. Inducing others. 4.86. Growing marijuana. 4.87. Obtaining narcotics by fraud. 4.88. User of narcotics). (30 pgs).

Ch. V. Civil actions, generally -- 5.1. Jurisdiction of the court. 5.2. Applicable law. 5.3. Proof of tribal law. 5.4. Proof of state or federal laws. 5.5. Applicable procedure. 5.6. Conflict. 5.7.Full faith and credit. 5.8. Enforcement of foreign judgments and decrees. 5.9. Request for jury. 5.10. Costs of jury. 5.11. Filing fees. 5.12. Service of process. 5.13 - 5.19. [Reserved]. 5.20. Domestic relations -- marriage. 5.21. Domestic relations -- marriages in accordance with law of the State of Arizona. 5.22. Domestic relations -- divorce. 5.23. Domestic relations -- divorce -- residency. 5.24. Domestic relations -- adoption and guardianship. 5.25 - 5.29. [Reserved]. 5.30. Estates -- determination of heirship -- intestacy. 5.31. Estates -- probate of wills. 5.32. Estates -- wills.  5.33. - 5.39. [Reserved]. 5.40. Removal of non-members -- trespassers. 5.41. Removal of non-members -- law breakers. 5.42. Exclusion of non-members from the reservation. 5.43. - 5.49. [Reserved]. 5.50. Appeals, civil. 5.51. Time for appeal. 5.52. Transmittal of record. 5.53. Consideration by appellate tribunal. 5.54. Matters to be considered on appeal. (7 pgs).


Ch. VI. Health and sanitation code -- 6.1. Promulgation of rules and regulations. 6.2. Notice of regulations.  6.3. Maintaining unsightly premises. 6.4. Disposition of insane persons. 6.5. Health menaces. 6.6. Action of council to abate nuisances. 6.7. Issuance of warrant where necessary to abate nuisances. 6.8. Contagious disease. 6.9. Burial responsibility. (5 pgs).

Ch. VII. Livestock code -- 7.1. Control and inspection of livestock. 7.2. Responsibilities of inspectors. 7.3. Bills of sale, brands and marks. 7.4. Certificate of inspection. 7.5. Additional duties of inspectors. 7.6. Authority of inspectors. 7.7. Closed range for livestock within village. 7.8. All animals who roam loose. (3 pgs).

Ch. VIII. Game and fish code -- 8.1. Formulation of rules and regulations. 8.2. Enforcement of rules and regulations. 8.3. Hunting or fishing without permit. 8.4. Disposition of confiscated material. 8.5. Exceeding terms of permit. (2 pgs).

Ch. IX. Motor vehicle code - traffic laws -- [Section 9.10].  9.20. Abandoned vehicles. 9.21. Approaching and passing horses and livestock. 9.22. Driver's license. 9.23. Appointment by non-Indian of attorney upon whom to serve process. 9.24. Service on chief judge and notice to non-Indian; proof of service. 9.25. Display of speed - drag racing. 9.26. Driving while intoxicated. 9.27. Equipment on motor vehicles. 9.28. Emergency vehicles. 9.29. Failure to observe posted signs. 9.30. Leaving the scene -- accidents. 9.31. Marked cross walks. 9.32. Overtaking and passing school bus. 9.33. Promise to appear, violation thereof.  9.34. Reckless driving. 9.35. Revocation of license by judge. 9.36. Signs. 9.37. Unauthorized signs. 9.38. Speeding. 9.39. Stopping, standing or parking restrictions. 9.40. Traffic ticket and complaint. 9.41. Traveling off the road. (16 pgs).

Ch X. Land use code -- 10.1. Formulation of rules and regulations. 10.2. Building permits. 10.3. Unauthorized structures. 10.4. Occupancy permits. (2 pgs).

 

Children's Code (1996)

Resolution A-9-00.  Resolution of the Ak-Chin Community Council:  A Resolution declaring the current version of the Gila River Indian Community Children's Code as the law of the land.

Title 4.  The Gila River Children's Code:

Ch. 1.  Title and purposes -- 4.100. Title.  4.101. Purposes.

Ch. 2.  Effect; rules of interpretation -- 4.200. Effect of this title.  4.201. Interpretation by the Children's Court.  4.202. Definitions.

Ch. 3.  Duty to report maltreatment of children -- 4.300. Mandatory reporters.  4.301. Special duties of mandatory reporters.  4.302. Special duties of supervisors of mandatory reporters.  4.303. Filing of reports of suspected child maltreatment.  4.304. Immunity of good faith reporters; non-privileged communications.  4.305. Follow-up to reports of suspected child maltreatment.  4.306. Notice to persons subject to this chapter.  4.307. Personnel policy regarding community employees charged with offenses against children.  4.308. Photographic evidence.  4.309. Authority to admit and cooperate with law enforcement investigation.

Ch. 4.  Rights of parties before the Community Court -- 4.400. Rights of children.  4.401. Rights and duties of a parent or guardian.  4.402. Rights of the parties.  4.403. Exclusion of the public from proceedings.

Ch. 5.  Organization of community resources for children and youth -- 4.500. Cooperative efforts.  4.501. The Children's Court.  4.502. Juvenile probation officers; duties and authority.  4.503. Child welfare services.  4.504. Multidisciplinary team.

Ch. 6.  The Children's Court -- 4.600. Jurisdiction of the Children's Court.  4.601. Special Children's Court rules of procedure.  4.602. Matters pursuant to the Indian Child Welfare Act.  4.603. Protective custody.  4.604. Child in need of care proceedings.  4.605. Status offenses.  4.606. Juvenile offender matters.  4.607. Proceedings for the termination of parental rights.  4.608. Proceedings for the voluntary relinquishment or termination of parental rights.  4.609. Adoption proceedings.  4.610. Proceedings to transfer guardianship.  4.611. Proceedings to change a child's name.


Articles of Association

Article I.  Terms -- [Section 1].

Article II.  Territory.

Article III.  Membership -- [Section 1].

Article IV.  Governing body -- [Sections 1-4].

Article V.  Qualification of officers -- [Section 1].

Article VI.  Elections -- [Sections 1-2].

Article VII.  Vacancy -- [Sections 1-4].

Article VIII.  Powers of the community council -- [Section 1].

Article IX.  Amendments -- [Section 1].

Article X.  Rights of members -- [Sections 1-3].

By-laws of the Ak-Chin Indian Community -- [Sections 1-9].

Certification of adoption.

Approval.

Certificate of result of election.

Approval.  (17 pgs).

 

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