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Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana - Tribal Code

Dated: 1987

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Table of Contents

The Law and Order Code of the Chippewa-Cree Tribe of the Rocky Boy's Reservation, Montana (1987)

TITLE I: General Provisions

Chapter 1. Establishing Authority and Courts 1.1 Constitutional Authority 1.2 Prior Inconsistent Ordinances and Resolutions 1.3 Amendments, Modifications, Additions to the Code 1.4 Availability of the Code 1.5 Authority to Make and Enforce Administrative Rules 1.6 Creation and Establishment of the Courts 1.7 Composition of the Chippewa-Cree Court of Appeals 1.8 Powers of the Court
Chapter 2. Jurisdiction 2.1 Criminal 2.2 Civil 2.3 Personal Jurisdiction
Chapter 3. Sovereignty 3.1 Adoption by Reference Not a Waiver 3.2 Application of the Law of Other Jurisdictions 3.3 Sovereign Immunity
Chapter 4. Limitations on Actions 4.1 Civil Actions 4.2 Criminal Actions
Chapter 5. Principles of Construction 5.1 When Applied
Chapter 6. Contempt of Court 6.1 Power to Impose Penalty 6.2 Indirect Contempt6.3 Direct Contempt 6.4 Procedure 6.5 Fine for Contempt of Court
Chapter 7. Definitions 7.1 Signature, Written Instrument 7.2 Oath 7.3 Court Day 7.4 Enrolled Member 7.5 Jail, Juvenile Detention Facility, Detoxification Facility, Overnight Facility 7.6 Person 7.7 Status or Treaty Indians 7.8 Non-Status Indians

TITLE II: Civil Procedure

Chapter 1. General Provisions 1.1 Scope and Construction
Chapter 2. Commencement of Action and Preliminary Matters 2.1 Commencement of Action - Service of Process 2.2 Service of Process 2.3 Proof of Service 2.4 Time 2.5 Pleadings 2.6 Form of Pleadings 2.7 Time Period for Responsive Pleadings 2.8 Construction and Amendments to Pleadings 2.9 Motions to Dismiss or to Make More Definite 2.10 Real Party in Interest 2.11 Representative 2.12 Joinder of Parties 2.13 Intervenors 2.14 Substitution of Parties 2.15 Discovery by Interrogatories2.16 Discovery by Deposition 2.17 Discovery by Production, Entry, or Inspection 2.18 Scope of Discovery 2.19 Protective Order 2.20 Failure to Make Discovery 2.21 Use of Discovery 2.22 Deposition Used at Trial 2.23 Transfer of Indian Child Welfare Proceedings From State Court
Chapter 3. Trial 3.1 Assigning Cases for Trial 3.2 Dismissal of Action 3.3 Subpoenas 3.4 Rules of Evidence 3.5 Jury Trials 3.6 Selection and Number of Jurors; Alternate 3.7 Examination of Jurors 3.8 Separation of the Jury 3.9 Improper Influence 3.10 Instructions to the Jury 3.11 Arguments in a Jury Trial 3.12 Special Verdicts and Interrogatories 3.13 Deliberation of the Jury 3.14 Declaration of the Jury's Verdict 3.15 Non Jury Trials 3.16 Motion for a New Trial 3.17 Court Initiative
Chapter 4. Judgments 4.1 Default 4.2 Summary Judgment 4.3 Judgments After Full Trial 4.4 Entry of Judgment 4.5 Clerical Mistakes 4.6 Death of a Party4.7 Proceedings to Enforce a Judgment 4.8 Satisfaction of a Judgment 4.9 Time Limitation on Order of Judgment 4.10 Stays of Proceedings to Enforce Judgment 4.11 Execution of Judgments 4.12 Property Subject to Writ of Execution 4.13 Exemptions 4.14 Procedure for Identification 4.15 Substance of Writs 4.16 Redemption from Sale 4.17 Judgment Debtor's Property Owned with Another
Chapter 5. Extraordinary Proceedings or Remedies 5.1 Expulsion and Exclusion of Non-Members From Tribal Lands 5.2 Temporary Restraining Order 5.3 Injunction 5.4 Extraordinary Writs 5.5 Habeas Corpus
Chapter 6. Procedure for Appeal 6.1 Who Can Request Judicial Review 6.2 Commencement of a Civil Appeal 6.3 What May Be Appealed 6.4 Opposing Party's Response 6.5 Consequences of Missing Filing Dates 6.6 Availability of the Trial Transcript 6.7 Court Cost and Fee Waivers 6.8 When Oral Arguments Heard 6.9 Procedures on Appeal 6.10 Unanimous Decision6.11 Written Decision 6.12 Time Limits

TITLE III: Criminal Procedure

Chapter 1. Short Title 1.1 Title
Chapter 2. Scope and Construction 2.1 Scope and Construction
Chapter 3. Institution of the Criminal Process 3.1 Notice of Crime
Chapter 4. Obtaining the Presence of the Defendant 4.1 Arrest
Chapter 5. Obtaining Evidence of the Crime 5.1 Interrogation 5.2 Search and Seizure 5.3 Discovery
Chapter 6. Proceedings Before Trial 6.1 Initial Appearance and Arraignment 6.2 Bail 6.3 Plea Agreements 6.4 Pretrial Conference and Motion
Chapter 7. Trial 7.1 Trial Procedure 7.2 Jury and Non-Jury Trial 7.3 Verdict
Chapter 8. Post-Trial Procedure 8.1 Sentencing 8.2 Deferred Sentences 8.3 Parole 8.4 Commutation of Sentence
Chapter 9. Procedure for Criminal Appeals 9.1 Who Can Request Judicial Review 9.2 Commencement of a Civil Appeal 9.3 What May Be Appealed 9.4 Opposing Party's Response9.5 Consequences of Missing Filing Dates 9.6 Availability of the Trial Transcript 9.7 Court Cost and Fee Waivers 9.8 When Oral Arguments Heard 9.9 Procedures on Appeal 9.10 Unanimous Decision 9.11 Written Decision 9.12 Time Limits

TITLE IV: Public Security

Part One : Official Conduct
Chapter 1. Organization and Procedures of Tribal Police 1.1 Composition 1.2 Tribal Police Powers and Duties 1.3 Restricted Application of State or Federal Law 1.4 Police Subject to Penalty for Unlawful Actions 1.5 Qualifications and Selection of Tribal Police Officers 1.6 Use of Reasonable Force by Police Officers 1.7 Search and Seizure by Tribal Police 1.8 Police Must Respect an Individual's Rights 1.9 Tribal Police Officers in Tribal Court 1.10 Mistreating Prisoners 1.11 Termination of Employment as Tribal Police Officer 1.12 Arrest of Alleged Fugitives 1.13 Domestic Violence

Part Two : Offenses
Chapter 2. General Provisions2.1 General Purposes and Principles of Construction 2.2 Definitions of Mental States 2.3 Penalties 2.4 Discretion of Court 2.5 Civil Actions Not Barred 2.6 Defenses
Chapter 3. Inchoate Offenses 3.1 Attempt, Conspiracy, and Solicitation 3.2 Responsibility
Chapter 4. Offenses Against Persons 4.1 Deliberate Homicide 4.2 Negligent Homicide 4.3 Kidnapping 4.4 Rape 4.5 Sexual Assault 4.6 Incest 4.7 Assault 4.8 Assault and Battery 4.9 Negligently Endangering Another Person 4.10 Causing or Aiding Suicide
Chapter 5. Offenses Against Children and Defendants 5.1 Child Molestation 5.2 Child Abuse 5.3 Contributing to the Delinquency of a Minor 5.4 Possession of Intoxicating Substances by a Minor 5.5 Desertion and Non-Support of Defendants 5.6 Failure to Send Children to School 5.7 Violation of Curfew
Chapter 6. Offenses Against Law Enforcement 6.1 Escape 6.2 Obstructing Justice 6.3 False Arrest6.4 Refusing to Aid an Officer
Chapter 7. Offenses Against Property Subchapter A : Theft and Related Offenses 7.1 Theft 7.2 Breaking and Entering 7.3 Embezzlement 7.4 Extortion 7.5 Fraud 7.6 Forgery and Counterfeiting 7.7 Issuing a Bad Check Subchapter B : Conduct Violating Property Protection 7.8 Unauthorized Use of Property 7.9 Malicious Mischief 7.10 Injuring Public Property 7.11 Maintaining a Public Nuisance 7.12 Storing Dangerous Discarded Container 7.13 Criminal Trespass - Buildings 7.14 Cutting Fence or Opening Gates 7.15 Arson Subchapter C : Conduct Violating Animal Property Protection 7.16 Cruelty to Animals 7.17 Permitting Domestic Pets to Roam
Chapter 8. Offenses Against Public Order 8.1 Disorderly Conduct 8.2 Firing a Weapon 8.3 Carrying a Concealed Weapon 8.4 Public Drunkenness or Drug Intoxication 8.5 Driving While Under the Influence of Alcohol or Drugs 8.6 Littering
Chapter 9. Offenses Against Public Administration 9.1 Threat or Intimidation 9.2 Bribery 9.3 Criminal Contempt of Court 9.4 Perjury 9.5 Destruction of Evidence 9.6 Disposing of Property of an Estate
Chapter 10. Violations Endangering Family and Public Decency 10.1 Prostitution 10.2 Indecent Exposure 10.3 Exposing to Infectious Disease 10.4 Malicious Gossip 10.5 Possession of Dangerous Drugs 10.6 Adulteration of Food and Drink

Part Three : Traffic Code
Chapter 11. Traffic Offenses 11.1 Territory 11.2 Power 11.3 Citations 11.4 Class D Offenses 11.5 Court Discretion 11.6 Contempt of Court for Failure to Pay Traffic Fines 11.7 Arrest 11.8 Inspection and Investigation 11.9 Tribal Driver's License 11.10 Failure to Possess a Valid Driver's License 11.11 Responsibility for Unlicensed Drivers 11.12 Driving When Driving Privileges Have Been Suspended 11.13 Failure to Operate A Vehicle in a Safe Condition11.14 Driving at Night With Substandard Lights 11.15 Failure to Drive Upon the Right Side of the Roadway 11.16 Failure to Drive in a Careful and Prudent Manner 11.17 Failure to Obey Traffic Signs 11.18 Maneuvering Without Regard to Safety 11.19 Tailgating 11.20 Improper Passing 11.21 Exceeding the Maximum Speed Limit 11.22 Failure to Stop for a School Bus 11.23 Failure to Yield Right of Way 11.24 Failure to Stop Before Driving Onto a Roadway 11.25 Parking on Roadway 11.26 Obstructing or Interfering with a Driver 11.27 Responsibility for and of Passengers 11.28 Failure to use Protective Headgear 11.29 Pedestrians on Roadways Without Regard for Safety 11.30 Implied Consent to Chemical Breath Test 11.31 Right of Appeal to Court

TITLE V: Domestic Relations

Chapter 1. Marriages 1.1 Jurisdiction 1.2 Valid Marriage 1.3 License 1.4 Application for License 1.5 Medical Examination 1.6 Prohibited Marriages
Chapter 2. Annulment2.1 Grounds for Annulment 2.2 Waiver of Grounds for Annulment 2.3 Procedure
Chapter 3. Divorce or Separation 3.1 Grounds for Divorce 3.2 Complaint 3.3 Service and Response 3.4 Irretrievable Breakdown 3.5 Temporary Orders 3.6 Judgments 3.7 Separation Agreement 3.8 Best Interestof the Child 3.9 Decree 3.10 Modification and Termination of Provisions for Maintenance, Support, and Property Disposition 3.11 Payment of Maintenance or Support to Court
Chapter 4. Adoption 4.1 Who May Be Adopted 4.2 Consent to Adoption 4.3 Petition for Adoption 4.4 Investigation 4.5 Hearing 4.6 Decree 4.7 Withdrawal of Consent
Chapter 5. Guardianship 5.1 Persons for Whom Guardian May Be Appointed 5.2 Investigation 5.3 Notice 5.4 Hearing 5.5 Powers and Duties of Guardians 4.6 Reporting to the Court 4.7 Termination of Guardianship

TITLE VI: Juvenile Protection

Chapter 1. Preamble
Chapter 2. Definitions 2.1 Abandon 2.2 Adult 2.3 Children's Court 2.4 Children's Court Judge 2.5 Custodian 2.6 Delinquent Act 2.7 Detention 2.8 Guardian 2.9 Juvenile Offender 2.10 Least Restrictive Alternative 2.11 Minor 2.12 Minor-in-Need-of-Care
Chapter 3. The Court System 3.1 Establishment 3.2 Powers and Duties 3.3 Authority of Court 3.4 Children's Court Counselor 3.5 Presenting Officer 3.6 Guardian Ad Litem 3.7 Referee 3.8 Standards for Shelter Care and Detention Facilities 3.9 Care and Treatment in Shelter Care and Detention Facilities
Chapter 4. Jurisdiction 4.1 Original Jurisdiction 4.2 Transfer to Adult Tribal Court
Chapter 5. Juvenile Offender Procedures 5.1 Complaint 5.2 Warrant 5.3 Custody 5.4 Law Enforcement Officer's Duties 5.5 Children's Court Counselor's Duties 5.6 Detention and Shelter Care 5.7 Preliminary Inquiry 5.8 Investigation by the Children's Court Counselor5.9 Informal Hearing 5.10 Petition 5.11 Setting Hearing Date 5.12 Summons 5.13 Adjudicatory Hearing 5.14 Predispositional Report 5.15 Dispositional Hearing 5.16 Dispositional Alternatives 5.17 Modification of Dispositional Order 5.18 Court Records 5.19 Law Enforcement Records 5.20 Expungement 5.21 Appeal 5.22 Contempt 5.23 Medical Examination 5.24 Line-Up (option) 5.25 Fingerprints (option)
Chapter 6. Minor-in-Need-of-Care 6.1 Complaint 6.2 Warrant 6.3 Custody 6.4 Law Enforcement Officer's Duties 6.5 Children's Court Counselor's Duties 6.6 Shelter Care 6.7 Preliminary Inquiry 6.8 Investigation by the Children's Court Counselor 6.9 Informal Hearing 6.10 Petition 6.11 Summons 6.12 Adjudicatory Hearing 6.13 Predispositional Report 6.14 Dispositional Hearing 6.15 Dispositional Alternatives 6.16 Modification of Dispositional Order
Chapter 7. Termination of Parental Rights 7.1 Authorization7.2 Petition 7.3 Hearing Date 7.4 Pre-Termination Report 7.5 Summons 7.6 Termination Hearing 7.7 Dispositional Alternatives 7.8 Termination as Final Order 7.9 Effect on Minor's Enrollment Status

TITLE VII: Creditor-Debtor Relations

Chapter 1. Creditor-Debtor Relations 1.1 Tribal Court Jurisdiction in Personal Property Transactions 1.2 Creditor Rights and Responsibilities 1.3 Action to Foreclose Interest in Personal Property

TITLE VIII: Tribal Resources Table

Chapter 1. Administration 1.1 Purpose 1.2 Jurisdiction 1.3 Tribal Resources Sub-Committee 1.4 Amendments 1.5 Enforcement 1.6 Enforcement Powers 1.7 Leases 1.8 Permits 1.9 Fines
Chapter 2. Forest Resources 2.1 Purpose 2.2 Powers and Duties Concerning Forest Resources 2.3 Permits 2.4 Permit Revenues 2.5 Cutting Timber Without a Permit 2.6 Firing Timber 2.7 Fire, Failure to Control or Report 2.8 Fires
Chapter 3. Range Resources 3.1 Purpose 3.2 Powers and Duties 3.3 Misbranding 3.4 Moving of Livestock 3.5 Running of Outside Livestock on Reservation 3.6 Trespass-Livestock 3.7 Trespass Violations 3.8 Notice of Stray or Trespassing Animals 3.9 Seizure and Impoundment of Stray or Trespass Animals 3.10 Sale of Unclaimed Impounded Animals
Chapter 4. Fish and Wildlife Resources 4.1 Purpose 4.2 Powers and Duties 4.3 Waste of Fish or Game 4.4 Hunting and Fishing Prohibited in Fire-Danger Area or Season 4.5 Use of Snare Lawful Under Certain Conditions 4.6 Spotlighting 4.7 Restrictions on Use of Fish as Bait 4.8 Restrictions on Fishing Methods 4.9 Introduced Species 4.10 Bond Schedule 4.11 Off-Road Vehicles (ORV's)
Chapter 5. Recreation Resources 5.1 Purpose 5.2 Powers and Duties 5.3 Designated Recreation Areas 5.4 Waste Disposal 5.5 Snowmobiles 5.6 Off-Road Vehicles (ORV's)
Chapter 6. Mineral Resources6.1 Purpose 6.2 Powers and Duties 6.3 Environmental Impact Statements 6.4 Mining Operation Plans 6.5 EIS Review 6.6 Restrictions on Mining or Exploration 6.7 Taxes 6.8 Mitigation of Impacts
Chapter 7. Oil and Gas Resources 7.1 Purpose 7.2 Royalties 7.3 Severance Taxes 7.4 Enforcement 7.5 Environmental Impact Statement 7.6 Mitigation of Impacts
Chapter 8. Water Resources 8.1 Purpose 8.2 Declaration of Policy 8.3 Powers and Duties
Chapter 9. Agricultural Resources 9.1 Purpose 9.2 Powers 9.3 Land Practice Restrictions 9.4 Lease Modifications
Chapter 10. Environmental Protection 10.1 Purpose 10.2 Powers

 

Code of Ethics Ordinance
1. Ethical and other conduct and responsibilities
2. Gifts, entertainment and favors
3. Tribal property
4. Other conduct
5. Administrative enforcement procedures
6. Sanctions

 

Election Ordinance
Authorization
Article I - Election Board Membership
Section 1. Composition of the Tribal Election Board
Section 2. Length of Terms
Section 3. Conduct of Election Board
Section 4. Compensation of Election Board and Others

Article II - Voter Requirements
Section 1. Voter Qualifications
Section 2. Voter Registration

Article III - Candidate Requirements
Section 1. Candidate Eligibility
Section 2. Filing Fees
Section 3. Filing Time
Section 4. Write-in Candidates
Section 5. Insure Candidate Qualifications

Article IV - Notice of Election
Section 1. Time of Election
Section 2. Place of Election
Section 3. Notice Requirements
Section 4. Form of Notice
Section 5. Preparation for Election
Section 6. In the event of Death

Article V - Balloting Procedures
Section 1. Voting Booths
Section 2. Ballot Box
Section 3. Methods of Voting
Section 4. Deposits of Ballots
Section 5. Interpretation of the Ballot
Section 6. Watchers
Section 7. Absentee Voting
Section 8. Placement of names of candidates
Section 9. Individual Voting
Section 10. Electioneering at the Booths

Article VI - Canvassing/Certification/Safekeeping
Section 1. Canvass of Ballots
Section 2. Certification of Election Results
Section 3. Safe Keeping of Ballots
Section 4. Opening of Locked Box

Article VII - Protest or Challenge
Section 1. Protest and Challenge of Candidates
Section 2. Protest or Challenge of Election

Article VIII - Violation of Election Ordinance
Section 1. Violation of Ordinance

Article IX-Adoption or Amendment ofOrdinance
Section 1. Adoption or Amendment of Ordinance

Sample - Notice of Election Form
Sample - Application Form
Public Notice of Referendum Results (November 2, 2010)
Public Notice of Referendum Results (November 6, 2012)

[Table of Contents created by NILL in December 2013, based on materials available on tribe's website.]

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