RESOLUTION
NO. 2002 - 47
Re: RESOLUTION REPEALING TITLE II (1) AND TITLE VI (1) AND AMENDING
TITLE I AND TITLE III OF THE JUDICIAL CODES OF THE COUSHATTA TRIBE OF
LOUISIANA
WHEREAS,
the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign Indian
Nation, recognized as such by the United States of America; and,
WHEREAS,
the Coushatta Tribal Council is the duly elected governing body of the
Coushatta Tribe of Louisiana; and,
WHEREAS,
an inherent part of sovereignty is the enactment and maintenance of
judicial codes to govern the activities within the Tribe's jurisdictional
territory; and,
WHEREAS,
the Coushatta Tribal Council has determined that it is in the best interest
of the Tribe to repeal Title II (1), Criminal Procedure (First Choice),
and Title VI, (1) Juveniles (First Choice), of the Coushatta Judicial
Code, and to amend Title I, Coushatta Court Procedure, and Title III,
Criminal Offenses, of the Coushatta Judicial Codes;
NOW,THEREFORE
BE IT RESOLVED, that Title II (1), Criminal
Procedure (First Choice), and Title VI (1),
Juveniles (First Choice), be and hereby are repealed, effective
as of the date of certification of this resolution: and
BE IT FURTHER
RESOLVED, Title I, Coushatta Court Procedure
and Title III, Offenses, be and hereby are
amended, and said amendments shall be effective as of the date of certification
of this resolution;
THE ORIGINAL
CODES titles amended by this resolution shall be attached hereto and
shall be kept on file at the Tribal Administrative Offices.
CERTIFICATION
This resolution
was duly acted upon by the following Council Members at a meeting held
on October 1, 2002, with a quorum present.
_____________/s/______________
LOVELIN PONCHO - Chairman |
______________________________
WILLIAM WORFEL - Vice Chairman
|
_____________/s/______________
BERTNEY LANGLEY, Secretary - Treasurer |
_____________/s/______________
LEONARD BATTISE |
_____________/s/______________
HAROLD JOHN |
TITLE I - JUDICIAL ADMINISTRATION
Title I was enacted by Resolution 98-41 on July 16, 1998 and effective
July 16, 1998.
CHAPTER 1. GENERAL PROVISIONS
1.1.01
AUTHORITY
This compilation
of laws of the Coushatta Tribe of Louisiana, shall be known as the Coushatta
Tribe of Louisiana Judicial Codes, and is adopted pursuant to the authority
vested in the Coushatta Tribe of Louisiana Tribal Council as the duly
elected governing body of the Coushatta Tribe of Louisiana, a federally
recognized Indian Tribe.
1.1.02 REFERENCES TO THE TRIBAL CODE
This Code
may be referred to as the Coushatta Tribe of Louisiana Judicial Code,
or where the context suitably identifies it, as the Judicial Code or
Code. Subdivisions of this Code that are identified by a name referring
to the particular body of law they contain may be identified by that
name, for example, Criminal Code.
1.1.03 PRIOR ORDINANCES REPEALED
Any and
all resolutions or other enactments of the Tribal Council that conflict
with the provisions of the Code are hereby repealed to the extent of
such conflict.
1.1.04 AMENDMENTS
This Code
may be amended by the adoption of ordinances by the Tribal Council.
Amendments shall become a part of this Code for all purposes and shall
be codified and incorporated in the Code in a manner consistent with
its numbering and organization.
1.1.05 SOVEREIGN IMMUNITY
The Coushatta
Tribe of Louisiana, as a sovereign government, is absolutely immune
from suit, and its Tribal Council, Judges, Appellate Judges, Ad-hoc
Judges, officers, agents, and employees shall be immune from any civil
or criminal liability arising or alleged to arise from their performance
or non-performance of their official duties. Nothing in this Code shall
be deemed to constitute a waiver of the sovereign immunity of the Coushatta
Tribe of Louisiana except as expressly provided herein or as specifically
waived by a resolution or ordinance approved by the Tribal Council specifically
referring to such.
1.1.06 ADOPTION OF FOREIGN LAW BY REFERENCE OR INCORPORATION
A. The
adoption of any law or other document into this Code by reference
or incorporation shall not constitute a waiver or cession of any sovereign
power of the Coushatta Tribe the jurisdiction whose law is adopted,
or in any way diminish such sovereign power, but shall result in law
becoming the law of the Coushatta Tribe.
B. Whenever
a law or other document of another jurisdiction is adopted by reference
or incorporation as Coushatta law, the omission of any part of that
law from the portion adopted shall not be construed as a negative
statement regarding the principles embodied in the omitted part, unless
such a negative statement is expressly made.
C. whenever
a law or other document of another jurisdiction is adopted by reference
or incorporation as Coushatta law, the decisions of the courts of
that jurisdiction interpreting such law or other document shall not
be binding on the Coushatta Tribal Courts unless this Code expressly
so provides, but shall be considered as merely advisory.
1.1.07 Principles of Construction
The following
principles of construction will apply to all of the Code unless a different
construction is obviously intended:
(a) Masculine
words shall include the feminine, and singular words shall include
the plural, and vice versa.
(b) Words
shall be given their plain meaning and technical words shall be given
their usually understood meaning where no other meaning is specified.
(c) Whenever
a term is defined for a specific part of this Code, that definition
shall apply to all parts of this Code unless a contrary meaning is
clearly intended.
(d) This
Code shall be construed as a whole to give effect to all its parts
in a logical, consistent manner.
(e) Whenever
the meaning of a term used in this Code is not clear on its face or
in the context of the Code, such term shall have the meaning given
to it by the laws of the State of Louisiana, unless such meaning would
undermine the underlying principles and purposes of this Code.
(f) If
any provision of this Code or the application of any provision or
any person or circumstance is held invalid, the remainder of this
Code shall not be affected thereby and to this end the provisions
of this Code are declared to be severable.
(g) Any
typographical errors or omissions shall be ignored whenever the intended
meaning of the provision containing the error or omission is otherwise
reasonably certain to the Court.
(h) Any
other issues of construction shall be handled in accordance with generally
accepted principles of construction giving due regard for the underlying
principles and purposes of this Code.
(i) In
the event that typographical, citational, reference or other errors
appear in this Code as a result of recodification, reorganization,
amendment or other changes to this Code, and where, as a result of
such changes, it is clear that the legislative intention differs from
the literal language in the Code, the Court shall reasonably interpret
and follow the general intent of the provision(s) in question in order
to avoid unlikely, inconsistent, or strained consequences which may
result from a literal reading.
(j) Any
references to this Code in any statute, regulation, policy, resolution,
Tribal Court opinion or other material adopted or produced by any
department or entity of the Coushatta Tribe existing before any duly
adopted re-codification, reorganization or other changes in the material
referenced shall be deemed to conform to and reflect such changes
to the extent necessary and practical.
(k) When
there is a conflict between one provision of this Code that treats
a subject in a general way and another which treats the same subject
in a specific manner, the specific provisions will prevail.
CHAPTER 2. ESTABLISHMENT OF JUDICIAL SYSTEM
1.2.01
Establishment:
The judicial
power of the Coushatta Tribe of Louisiana (hereinafter "Tribe") is vested
in the Coushatta Court and the Coushatta Court of Appeals.
1.2.02 Jurisdiction
A. As
used in this Code, "Reservation" shall mean all lands held by the
Tribe or held by the United States of America or the State of Louisiana
in trust for the Tribe. The Coushatta Court shall have jurisdiction
over any offense under this Code committed by any member of the Tribe
or an Indian of another tribe or any non-Indian within the boundaries
of the Reservation.
B. The
Court of the Coushatta Tribe of Louisiana may exercise subject matter
and personal jurisdiction on any basis consistent with the inherent
sovereign authority of the Coushatta Tribe of Louisiana.
C. The
jurisdiction of the Coushatta Court over any person, cause of action
or subject shall be exclusive and shall preempt any jurisdiction of
the Courts of the United States, the State of Louisiana, or any political
subdivision thereof, except in those instances in which federal law
provides otherwise. The Coushatta Tribe of Louisiana does not recognize,
grant, or cede to any governmental body any jurisdiction which does
not otherwise exist by law.
1.2.03 Personal Jurisdiction
A. Basis
for personal jurisdiction shall include, but is not limited, to:
(1)
Presence, domicile, or residence on the reservation;
(2)
Membership in the Tribe;
(3)
Consent, whether by contract, implication or otherwise, including
marriage to a tribal member;
(4)
Appearance m Tribal Court, other than a special appearance for the
sole purpose of contesting jurisdiction;
(5)
Contracting or attempt to contract to insure any person, property,
or risk located within the Reservation;
(6)
Doing business or attempting to do business on the Reservation,
including entering or attempting to enter into a contract for the
sale, lease, or purchase of any property or services, when such
contract is entered into or is to be performed within the exterior
boundaries of the Reservation;
(7)
Using or attempting to use, or purchasing or attempting to purchase
any resource or service of the Tribe or the Reservation;
(8)
Engaging in an act on the Reservation;
(9)
Causing a foreseeable effect on the Reservation by an act or omission
elsewhere;
(10)
Ownership, use, or possession of real or personal property on the
Reservation.
B. Jurisdiction
shall extend to corporations, partnerships, associations, and governmental
entitles as well as to natural persons, and the word person as used
in this Code includes all of the above.
1.2.04 Subject Matter Jurisdiction
A. The
Court shall have jurisdiction over all real and personal property
located on the Reservation to determine the ownership thereof, or
rights therein, or to determine the application of such property to
the satisfaction of a claim relating to the property.
B. The
Court shall have subject matter jurisdiction over all civil causes
of action, regardless of whether the parties are Indian or non-Indian.
C. The
Court shall have subject matter jurisdiction over all criminal actions
in which an Indian is alleged to have violated the criminal provisions
of this Code. In civil expulsion actions, the Court shall have subject
matter jurisdiction to determine whether or not the non-member defendant,
whether Indian or non-Indian, has violated the criminal provisions
of this Code, whenever, pursuant to tribal law, such violation would
be grounds for expulsion.
D. The
Court shall have jurisdiction to grant a divorce, separation, annulment,
or protective injunction or restraining order to a party to a marriage,
based on jurisdiction over the marriage, even without the presence
before the Court of the other party, if either party to the marriage
is a bona fide resident of the Reservation, and is an Indian, and
if the civil notice requirements of this Code have been met.
E. The
Court may exercise jurisdiction to grant a custody order with respect
to a child:
(1)
who is enrolled in the Tribe; or
(2)
who qualifies for enrollment; or
(3)
in whom the Court has an interest pursuant to the Indian Child Welfare
Act; or (4) who is present on the Reservation.
F. The
Tribal Court shall not exercise jurisdiction over any person unless
there is proof on file with the Court that the person has been given
notice of the proceedings in a manner which conforms with the requirements
of the Rules of Civil Procedure or Rules of Criminal Procedure.
G. Except
as otherwise provided by Tribal law, the Court shall have exclusive
and original jurisdiction to adjudicate all complaints for the exclusion
or removal of persons from the lands of the Coushatta Tribe of Louisiana.
H. Except
as otherwise provided by Tribal law, the Court shall have exclusive
original jurisdiction, and the Court of Appeals shall have exclusive
appellate jurisdiction, to construe the meaning of Tribal laws, and
to determine the legality, under the Indian Civil Rights Act, 25 U.S.C.
§1301 et seq., of any action or enactment of the Tribal Council,
or any other agent, department, officer, or enterprise of the Tribe
and the application of any such action or enactment to any person
or situation. This subsection shall not be construed to effect a waiver
of sovereign immunity.
1.2.05 Composition of the Trial Court:
There shall
be a Trial Court consisting of a Chief Judge, who shall be appointed
by the Tribal Council In the event that the Chief Judge is unable for
any reason to hear a case, an Ad Hoc Judge previously appointed by the
Council shall be randomly selected by the Clerk of Court to serve m
his or her stead.
1.2.06 Judicial Cooperation and Services to Court by Tribal or
Federal Employees:
All judges
and court personnel shall cooperate with all branches of the Bureau
of Indian Affairs, with all federal, state, parish and municipal agencies,
when such cooperation is consistent with this Code, but shall ever bear
in mind that their primary responsibility is to the people of the Tribe.
The Court may request and utilize social service, health, education
or other professional services of Tribal employees as requested [and
of federal employees as authorized by the Secretary of the Interior
or his authorized representative).
1.2.07 Jurisdiction Over Suits Commenced by Tribe:
Notwithstanding
any other provision of this Code, the Tribal Court shall have jurisdiction
of all civil actions commenced by the Coushatta Tribe, or by any agency
or officer thereof expressly authorized to file suit by the Tribal Council.
1.2.08 Authority and Laws to be Applied in the Trial and Appellate
Courts
a) In
cases otherwise properly before the Trial and Appellate Courts of
the Coushatta Tribe, decisions on matters of both substance and procedure
will be based on the following, in the following order of precedent:
1)
The Constitution and Bylaws of the Coushatta Tribe.
2)
Ordinances of the Coushatta Tribe.
3)
Resolutions of the Coushatta Tribe.
4)
Customs, traditions and culture of the Coushatta Tribe.
5)
Laws, rules and regulations of the Federal Government and cases
interpreting such laws, rules and regulations. These federal authorities
may be required to take a higher order of precedence in circumstances
dictated by the Supremacy Clause of the U.S. Constitution.
6)
The laws and rules of the State of Louisiana. This provision shall
not be deemed to be an adoption of such laws and rules as the law
of the Coushatta Tribe nor as a grant or cession to the State of
Louisiana of any right, power, or authority by the Coushatta Tribe.
7)
The Common Law.
b) The
Courts of the Coushatta Tribe shall not recognize nor apply any federal,
state, common law, rule or procedure which is inconsistent with either
the spirit or the letter of either the Constitution and Bylaws of
the Coushatta Tribe, or with any ordinances or resolutions of the
Coushatta Tribe, unless otherwise required, in the case of Federal
law only, by the Supremacy Clause of the U.S. Constitution.
1.2.09 Rules of Evidence and Civil Procedure to be Applied by
the Court
When the
Code is silent as to Rules of Evidence, then the Federal Rules of Evidence
and cases interpreting such rules shall govern all criminal and civil
proceedings in the trial and appellate courts. When the Code is silent
as to Rules of Civil Procedure, then the Federal Rules of Civil Procedure
and cases interpreting such rules shall govern all civil proceedings
in the trial and appellate courts. The Court may permit parties in a
civil action to use the Louisiana Evidence Rules and Louisiana Rules
of Civil Procedure and the cases interpreting such rules, if the parties
are in agreement and the parties provide the court with a written stipulation
evidencing their agreement.
1.2.10 Trial Court as Court of Record
The Trial
Court of the Coushatta Tribe is hereby declared to be a court of record
and the Clerk of Court is hereby authorized to certify under seal to
the accuracy and validity of the files and records, and any copies made
therefrom, of all proceedings before the Trial Court.
1.2.11 Verbatim Records of Court Proceedings
a) The
Clerk of Court is hereby authorized to take or cause to be taken,
and to preserve and certify under oath as to the accuracy of; a verbatim
record of all proceedings before the Trial Court.
b) Such
verbatim record may be taken and recorded by stenographic, electrical,
electronic, mechanical or other recording means or devices approved
by the Chief Judge of the trial court as a trustworthy means of creating
a permanent, verbatim record of all proceedings.
c) The
Chief Judge of the Trial Court may, by rule, prescribe the length
of time such verbatim records shall be preserved by the Clerk, provided
however that such records shall not be kept less than six (6) months
following the close of the case involved plus the period of any appeals
or supplementary proceedings taken in the case.
COMMENTARY
Portions
of this chapter were adopted from the Model Appellate Procedures
Code for Use in American Indian Courts, Studies for American Indian
Court Judges, National American Indian Court Judges Association.
CHAPTER 3. ESTABLISHMENT AND OPERATION OF TRIBAL COURT OF APPEALS
1.3.01
Creation of Court of Appeals:
There is
hereby created a Tribal Court of Appeals to hear all appeals from the
Trial Court of the Coushatta Tribe.
1.3.02 Jurisdiction of Court of Appeals:
The jurisdiction
of the Court of Appeals shall extend to all appeals from final orders
and judgments of the Trial Court. The Court of Appeals shall review
de novo all determinations of the Tribal Court on matters
of law, but shall not set aside any factual determinations of the Tribal
Court if such determinations are supported by substantial evidence.
1.3.03 Composition of Court of Appeals:
A panel
of three (3) judges shall sit as the Tribal Court of Appeals at such
times and places as is proper and necessary for the dispatch of any
appeals, to hear any appeals from final judgments, sentences and other
final orders of the Trial Court.
1.3.04 Records of Court of Appeals:
The Court
of Appeals shall keep a record of all proceedings of the Court, showing
the title of the case, the name and addresses of all parties and attorneys,
the briefs, the date of any oral argument, the names of the Judges who
heard and decided the case, and the Judgment, together with any other
facts and circumstances deemed of importance to the ease. A record of
all proceedings leading to incarceration shall be submitted to the Area
Director of the Eastern Area Office, to be made a part of the records
of the Office as required by 25 U.S.C. § 200. Unless specifically
excepted by this Code or rule of Court, all decisions and opinions of
the court shall be published in a format that shall be available to
the public at the Tribal Court.
1.3.05 Records of Appeal:
a) Criminal
Cases: The defendant in a criminal ease shall have an appeal as of
right from a Judgment of Conviction. The Tribe shall have no right
of appeal from a jury verdict of "not guilty" in criminal cases,
but shall have a right of appeal from a Judgment of "not guilty" rendered
by the Tribal Court without a jury. Appeals in criminal cases shall
be taken as provided in Section 6.
b) Civil
Cases: Any party who is aggrieved by a Final Order or Judgment of
the Tribal Court may file a petition requesting the Court of Appeals
to review that Order or Judgment as provided in Section 7.
1.3.06 Procedure on Appeal of Criminal Cases:
a) Time
to Appeal and How to Appeal: An appeal must be taken within fifteen
(15) days from the Judgment appealed from by filing a written notice
of appeal with the Clerk of Court. No extension of the fifteen (15)
day period shall be granted.
b) Notice
of Appeal: The notice of appeal shall specify the party or parties
taking the appeal, shall designate the Judgment, or part thereof appealed
from, and shall contain a short statement of reasons for the appeal.
The Clerk shall mail a copy of the notice of appeal to all parties
other than parties taking the appeal.
c) Release
on Bond Pending Appeal: In criminal cases the defendant may be continued
on release or be released on bail. The appellant may petition the
Court of Appeals, or Chief Judge thereof, to review any decision of
the Trial Court taken under this section.
1.3.07 Procedure on Decision for Review in Civil Cases:
a) Time
to Petition and How to Petition: A party to a civil case may petition
for review. The petition for review must be taken within fifteen (15)
days from the date of entry of the Final Order or Judgment appealed
from by filing such petition with the Clerk of the Tribal Court together
with the docket fee and any bond required pursuant to this section.
No extensions of the fifteen (15) day period shall be granted.
b) Contents
of Petition for Review: The petition for review shall specify the
parties taking the appeal, shall designate the Final Order or Judgment,
or part appealed from, and shall contain a short statement why the
petition should be granted. The Clerk shall mail a copy of the petition
for review to all parties other than the petitioner. Other parties
shall have 15 days to respond to the petition for review, after which
time the Court of Appeals shall grant the petition and allow the appeal
to be heard, or shall deny the petition. The party taking the appeal
shall be referred to as the appellant and the other party shall be
referred to as the respondent. The name of the case shall be the same
as that used in the Trial Court.
c) Docket
Fee and Bond: The petition for review shall be accompanied by a docket
fee and bond to be set by the trial court. The Court may waive or
reduce the bond and the docket fee if it finds that the appellant
is indigent.
d) Stay
on Appeal: In civil cases the petitioner may request the Trial Court
to stay the Judgment pending action on the petition and on the appeal
if the petition is granted, and either party may request the Trial
Court to grant or stay an injunction pending appeal. The court may
condition a stay or injunction pending appeal on the depositing of
cash or bond satisfactory to the Trial Court. The appellant's bond
shall be sufficient to cover the damages awarded by the Trial Court
together with interest. The cash or bond may be deposited at or after
the time petition is filed. The stay shall be effective when the deposit
of cash or bond is approved by the Trial Court. The appellant may
petition the Court of Appeals to review any decision of the Trial
Court under this section.
1.3.08 Judgment Against Surety:
Any surety
to a bond thereby submits himself to the jurisdiction of the Tribal
Court, and irrevocably appoints the Clerk of the Court as his agent
upon whom any papers affecting his liability on the bond may be served.
The liability of a surety may be enforced on motion without the necessity
of an independent action. The motion and such notice of motion as the
Court prescribes may be served on the Clerk of the Court who shall forthwith
mail copies to the surety as his last known address.
1.3.09 Record on Appeal:
Within
five (5) days after a notice of appeal is filed in a criminal case or
a petition for review is filed in a civil case, the Clerk of the Tribal
Court shall certify and file with the Court of Appeals all papers comprising
the record of the case.
1.3.10 Briefs and Memoranda:
Within
thirty (30) days after the notice of appeal is filed, or a petition
for review is granted, or within such other time as the Court allows,
the appellant may file a written brief, memorandum or statement in support
of his appeal. An original and one copy for each respondent shall be
filed with the Clerk who shall mail one copy, registered or certified
mail, return receipt requested, to each respondent. The return receipt
shall then be filed with the Clerk.
The respondent
shall have fifteen (15) days after receipt of the appellant's brief,
memorandum or statement, or such other time as the Court of Appeals
allows, within which to file an answer brief, memorandum or statement
if he desires. An original and one copy for each appellant shall be
filed with the clerk who shall mail one copy, registered or certified
mail, return receipt requested, to each appellant. The return receipt
shall be filed with the Clerk. No further briefs, memoranda or statements
shall be allowed, without leave of Court.
1.3.11 Oral Argument:
The Court
of Appeals shall assign all criminal cases for oral argument. The Court
may in its discretion assign civil cases for oral argument or may dispose
of civil cases on the briefs without argument.
CHAPTER 4. JUDGES
1.4.01
Appointment of Trial Judges:
The Tribal
Council shall appoint the Chief Judge.
1.4.02 Terms of Trial Judges:
Each Trial
Judge shall hold office for a term of four (4) years except in case
of death, resignation, or removal for cause as hereinafter provided
or of the abolition of the office. Ad Hoc Judges may be appointed on
a temporary basis on such terms and conditions, as the Tribal Council
shall establish in making the appointment.
1.4.03 Qualifications of Judges:
To be eligible
to serve as a Judge, a person must be:
a) Twenty-Five
(25) years of age or older;
b) Be
of good moral character and integrity;
c) Possess
a high school diploma or its equivalency;
d) Be
capable of carrying out the duties of office;
e) Never
have been convicted of a felony offense.
It is preferable
that the Chief Judge speak and understand the Coushatta language and
the English language; however, if there is no individual who meets these
qualifications, then the Chief Judge shall meet all requirements that
he or she can and be familiar with Coushatta customs and be familiar
with the provisions of this Code, Federal law applicable to the Reservation
and the Tribe and be capable of preparing the papers and reports incidental
to the business of the Court.
1.4.04 Salary:
The Chief
Judge of the Tribal Court and any Ad Hoc Judges and other personnel
of the Coushatta Court shall be paid a salary to be determined by the
Tribal Council. The salary of any Judge shall not be reduced during
his or her term of office.
1.4.05 Disqualification:
A Judge
shall disqualify himself or herself in any proceeding in which his or
her impartiality might reasonably be questioned, in which he or she
has any personal bias or prejudice concerning any party, in which he
or she or a member of his or her immediate family might be a witness,
has any interest, or has any personal knowledge of any disputed evidentiary
facts concerning the proceeding, or has acted or is acting as a lawyer
or lay counselor in the proceeding, or in which he or she might otherwise
appear to be biased or prejudiced. As used in this section, immediate
family shall include spouses, grandparents, parents, children, grandchildren,
brothers, sisters and in-laws.
1.4.06 Removal of Judges:
Any Judge
of the Coushatta Court may be removed from office by a majority vote
of the five (5) member tribal council at a meeting of the Tribal Council
for neglect of duty or gross misconduct after a hearing upon five (5)
days notice at which the Judge is given an opportunity to answer all
charges and present evidence in his or her defense.
1.4.07 Judges of the Appellate Court:
a) The
Appellate Court shall consist of three (3) Judges who shall be appointed
by the Coushatta Tribal Council to terms of three (3) years. Upon
the initial the initial appointment of such judges, the terms may
be for one, two, and three years respectively, in order to stagger
the years in which the terms expire. Judges of the Appellate Court
may be reappointed at the expiration of their term of office for consecutive
three (3) year terms.
b) Any
time there is more than one judge of the Trial Court, the Trial Court
Judges may be designated to serve on the Appellate Court, provided
however, that no such judge shall hear and participate in the appeal
of any case which he has decided or presided over in the Trial Court.
c) Judge
of the Appellate Court may, but need not be members of the Coushatta
Tribe of Louisiana
d)The
compensation and terms of employment of judges of the Appellate Court
shall be fixed by the Coushatta Tribal Council at the time of employment
and shall not be altered or diminished during the term of office.
e) A
Judge of the Appellate Court may be removed from office prior to the
expiration of his/her term of office only by the affirmative vote
of a majority of the members of the Coushatta General Council, only
upon the grounds of neglect of duty or gross misconduct, and only
after the holding of a public hearing at which the judge, after having
been given not less than ten (10) days notice, is given the opportunity
to answer all charges and present evidence in his own defense.
1.4.08 Oath of Office:
All judges
appointed by the Tribal Council shall be sworn into office by the Council
Secretary.
CHAPTER 5. COURT ADMINISTRATION
1.5.01
Office of Clerk of Court:
The Chief
Judge shall hire a Clerk of Court. The Clerk of Court shall be supervised
of the Chief Judge.
1.5.02 Qualifications:
To be eligible
to serve as Clerk of Court, a person must:
a) Be
at least twenty-one (21) years of age;
b) Be
of high moral character and integrity;
c) Be
a high school graduate or equivalent;
d) Never
have been convicted of a felony;
e) Be
physically able to carry out the duties of the office.
1.5.03 Duties:
The Clerk
shall render assistance to the Court, in drafting complaints, subpoenas,
warrants, notices of appeal, and any other documents incidental to the
lawful functions of the Court. The Clerk shall attend, and keep written
records of; all proceedings of the Court, administer oaths and collect
fines, costs, fees and other moneys. The Clerk shall account to the
Tribe for all moneys collected.
a) In
addition to any other duties for which the Clerk of Court is responsible,
the Clerk shall keep and maintain complete and accurate files and
records of all documents filed with the Trial Court and all proceedings
held by the Court.
b) The
Clerk may make and certify to the accuracy of true and correct copies
of any documents filed with the Trial Court which are otherwise available
for public inspection.
c) The
Clerk shall prepare, certify to the accuracy of; and transmit to the
Appellate Court or for the use of the Appellate Court the record including
verbatim records of hearings, of any case for which an appeal is taken,
or so much of such of the record as the parties may designate.
d)The
duties of the Clerk may be performed by any deputy or assistant clerks
appointed, who shall have the same powers and be subject to the same
duties and obligations as the Clerk of the Trial Court.
1.5.04 Other Court Personnel:
As may
be authorized by the Tribal Council, the Judge may employ such additional
Court personnel as are necessary to perform the work of the Coushatta
Court, including, but not limited to, a bailiff and a Court interpreter,
or a probation or parole officer, the compensation and terms of employment
thereof to be fixed by the Tribal Council, provided that such other
Court personnel shall be supervised by and may be removed by the Chief
Judge.
1.5.05 Official Station
The Coushatta
Tribe of Louisiana Courthouse is designated as the place where current
records of the court shall be kept and as the official station of the
Clerk of Court.
1.5.06 Location of Filing
All pleadings,
motions and other papers shall be filed with the Coushatta Tribal Court.
1.5.07 Copies of Documents
Records
or documents in the files of the court shall not be taken from the office
or custody of the clerk, except upon consent of the clerk. Only counsel
for the parties will be allowed the right to remove documents and only
for good cause and after giving proper receipts.
1.5.08 Time
All trials,
both criminal and civil, shall be commenced at a designated time determined
by the Court with reasonable notice of such time being given to the
parties.
1.5.09 Extension of Time
The Court
may grant an extension of time to answer or otherwise plead to a complaint,
or amended complaint, if a written request is filed before expiration
of time for responding as set out by rules of court.
1.5.10 Conduct
All court
proceedings shall be conducted in a dignified and respectful manner.
All persons addressing the Court, except testifying witnesses, shall
rise and speak in a clear and courteous manner.
1.5.11 Court Decorum
The following
rules shall govern court decorum requiring no interference or disturbance
with the proceedings of the court:
a) A
Law Enforcement Officer may be appointed Court Bailiff by the Judge
and the Bailiff will open each session of the court unless opened
by the court clerk, and be present to keep order in the courtroom
at all times.
b) The
public will be permitted in the courtroom during open trial sessions
except that spectators may be prohibited from entering the courtroom
during the taking of testimony without specific permission of the
Judge.
c) All
men in the courtroom shall remove their hats. All persons shall be
dressed in a clean, neat manner and no person shall smoke or chew
gum in the courtroom.
d) No
one shall be allowed in the courtroom who appears to be under the
influence of intoxicating liquor or drugs.
e) Respect
and courtesy shall be shown to the Judge, parties and court officers
at all times.
f) A
flag of the United States and of the Coushatta Tribe of Louisiana
shall be displayed in the courtroom at all times.
1.5.12 No Discussion with Judges
No witness
or party to any case shall under any circumstances either before or
during the trial attempt to discuss any case pending before the court
with any of the judges, except in Open Court and with the opposing party
present, and shall under no circumstances attempt to influence the Court's
decision unless in the court at regular Court Proceedings.
1.5.13 Swearing-in Witnesses
All witnesses
shall be administered an oath by the Court as follows: "Do you swear
(or affirm) to tell the truth, the whole truth and nothing but the truth
in the proceeding in which you are about to testify."
1.5.14 Exhibits
All separate
documents, photographs, papers, written or printed instruments of any
nature shall be given separate exhibit numbers, with exhibits for the
plaintiff numbered numerically and exhibits for the defendant marked
alphabetically. In civil cases, all exhibits in the custody of the clerk,
after the judgment becomes final or after final disposition of the action,
shall be delivered or mailed by the clerk to the party offering the
same or to his counsel at the expense of the offering party. Any exhibits
refused by a party or counsel may be destroyed or otherwise disposed
of by the Clerk.
CHAPTER 6. SESSION-RULES OF COURT
1.6.01
Court Sessions
Regular
sessions of the court shall be held as needed. The Court may issue court
rules governing the conduct of proceedings in the Coushatta Court not
inconsistent with the provisions of this Code and forms for use in preparing
complaints and other documents authorized in this Code.
1.6.02 Docket
The Clerk
shall keep a Docket, in which shall be entered the names of each plaintiff
and defendant in any proceeding, the character of the proceedings, the
date of the issuance and the return date of any process issued therein,
the appearance or default of parties summoned, the date and amount of
any judgement, any appeal therein, and all other proceedings therein.
Any party may obtain a certified copy of such proceedings from the Clerk
upon payment of the costs thereof.
CHAPTER 7. ATTORNEYS AND LAY COUNSELORS
1.7.01
Legal Representation
Any person
appearing in the Tribal Court shall have the right to have legal representation,
at his or her own expense, to assist in presenting his or her case,
provided that such legal representative shall first have, been admitted
to the Tribal Court Bar. The court may appoint legal representation
to assist any person if, in the discretion of the court, it appears
necessary to protect such person's rights.
1.7.02 Qualifications for Admissions as Attorney or Lay Counselor:
a) Attorneys:
No person may practice as an attorney before the Tribal Court or Court
of Appeals unless admitted to practice and enrolled as an attorney
of the Tribal Court upon written application and approval of the Chief
Judge. To be eligible to practice as an attorney before the Tribal
Court, a person must:
1)
Show proof that he/she is a member in good standing of the Bar in
any state or Federal Court,
2)
Be of high moral character and integrity.
3)
Take and Sign an Oath to uphold the integrity of the Court.
4)
Pay application fees and annual admission fees.
The Chief
Judge may make inquiry as to the attorney's knowledge of the Coushatta
Code of Justice and of Federal Indian law before admitting the attorney.
Each individual wishing to be admitted to practice before the Tribal
Court must be recommended by an individual already admitted; provided
that this requirement shall take effect once ten (10) individuals
have been admitted to practice.
b) Lay
Counselors: Any person who meets the qualifications established
in this Section shall be eligible for admission to practice before
the Court as a lay counselor upon written application and approval
of the Chief Judge. To be eligible to serve as a lay counselor, a
person must:
1)
Be at least twenty-one (21) years of age;
2)
Be of high moral character and integrity;
3)
Have knowledge of the Coushatta Tribal Code and of Federal Indian
law;
4)
Be a high school graduate or equivalent;
5)
Not have been convicted of a felony in any jurisdiction.
6)
Take and sign an Oath to uphold the integrity of the Court.
7)
Pay application fees and annual admission fees.
1.7.03 Oath
The oath,
which all persons desiring to appear as legal representatives in the
Tribal Court shall take is:
BAR
ADMISSION OATH
I, ,
do solemnly swear,
1. I am
familiar with the laws of the Coushatta Tribe of Louisiana.
2. I will
respect and obey the Constitution and By-laws of the Tribe in all respects.
3. I will
abide by the rules established by the governing authority of the tribe
and the Court.
4. I will
at all times maintain the respect due the Court and its officers.
5. I will,
not counsel or speak for any suit or proceedings which shall appear
to me to be unjust, or any defense except such as I believe to be honestly
debatable under the law, unless it be in defense of a person charged
with a public offense.
6. I will
employ such means only as are consistent with truth and honor and will
never seek to mislead a judge or jury by any false statements.
Subscribed
and sworn to before me this
day of ,
.
1.7.04 Bar Roster.
The Clerk
of Court will maintain a roster of persons admitted to practice before
the Court. The Clerk will also keep on file the signed oaths of all
such persons.
1.7.05 Bar Fees
All bar
members shall pay an initial admission fee set by the bar association.
Thereafter, an annual bar fee set by the bar association shall be paid
by all members to remain active members of the bar. Bar members shall
not be admitted to practice before the Tribal Court without such annual
fee being paid. A judge may waive the Tribal Court Bar admission fee
for good cause shown. The annual fee is to be used for the purpose of
copying and handling costs for updates to the Judicial Code, expenses
for bar meetings and to provide support for continuing legal education.
The clerk of court shall keep a separate account for bar fees and dues,
plus receipts for all expenditures, until such time as the Bar is organized
and a Treasurer is installed, at which time all financial records shall
be turned over to the Treasurer who shall then manage the finances of
the Tribal Bar according to the By-laws of the organization.
1.7.06 Contempt of Court
Any bar
member failing to maintain the respect due the Court or engaging in
offensive conduct in the courtroom shall be deemed in contempt of court
and subject to immediate sentencing by the Judge to imprisonment for
a period not to exceed three (3) days, or a fine not to exceed five
hundred dollars ($500.00) or both the jail sentence and fine.
1.7.07 Discipline and Disbarment
Any bar
member violating their Oath, or having been convicted of a felony or
misdemeanor involving moral turpitude, or violating the Rules of Professional
Conduct as promulgated by the American Bar Association may be subject
to discipline or disbarment. Any person or Judge witnessing a violation
of a bar member's Oath or having evidence of misconduct shall prepare
in writing a complaint against such bar member, including reasons for
discipline or disbarment. Within (10) working days of receipt of such
complaint, the Clerk of Court shall cause the Court of Appeals to convene
for the purpose of holding a hearing at which time the bar member involved
may present witnesses and defend his or her actions. The decision of
the Court of Appeals shall be final. The procedures for appeal in this
section shall be applicable for challenging contempt charges or denial
of admission to the Tribal Bar.
TITLE III - CRIMINAL OFFENSES
CHAPTER 1 GENERAL PROVISIONS
3.1.1.
Criminal Offenses Based on Voluntary Conduct:
No person
shall be convicted of an offense except based on conduct, which includes
a voluntary act or the omission to perform an act of which the defendant
is physically capable. Unless otherwise provided in this Code with respect
to a particular offense, an offense is established only if a person
acts intentionally with respect to every element of the offense.
3.1.2 States of Mind
a) "Intentional":
A defendant's state of mind is intentional with respect to a result
or to conduct if the defendant's conscious objective is to engage
in such conduct or to cause such a result.
b) "Negligent":
Conduct is negligent if, with respect to a result or circumstance,
a person should be aware of a substantial and unjustifiable risk that
such a result will occur or that such a circumstance exists, and his
or her conduct involves a significant deviation from the standard
of care that a reasonable person would observe.
c) "Reckless":
Conduct is reckless if, with respect to a result or circumstance,
a person consciously and unjustifiably disregards a substantial risk
that such a result will occur or that such a circumstance exists,
and the risk is of such a nature and degree that its disregard involves
a gross deviation from the standard of conduct that a reasonable person
would observe in the situation.
d) "Knowingly":
A defendant acts knowingly if, when he or she engages in the conduct,
he or she knows or has a firm belief, unaccompanied by substantial
doubt, that he or she is doing so whether or not it is his or her
purpose to do so.
3.1.3 Burden of Proof:
a) The
Tribe has the burden of proving each element of an offense beyond
a reasonable doubt.
b) Whenever
the defendant introduces sufficient evidence of a defense to support
a reasonable belief as to the existence of that defense, the Tribe
has the burden of disproving such defense beyond a reasonable doubt
unless this Code or another ordinance expressly requires the defendant
to prove the defense by a preponderance of evidence.
3.1.4 Ignorance or Mistake:
a) Ignorance
or mistake as to a matter of fact or law is a defense if:
(i)
Ignorance or mistake negates the necessary mental state required
for the commission of an offense; or
(ii)
The law provides that the state of mind established by such ignorance
or mistake constitutes a defense.
b) Whenever
in this Code an offense depends on a child being less than twelve
(12) years of age, it is no defense that the defendant did not know
the child's age or reasonably believed the child to be older than
twelve years of age. When criminality depends on the child being less
than a critical age other than twelve years of age, it is an affirmative
defense for the defendant to prove that he reasonably believed the
child to be above the critical age.
3.1.5 Intoxication:
a) Intoxication
is not a defense unless it negates an element of the offense.
b) When
negligence or recklessness is an element of the offense, self-induced
intoxication is no defense.
Intoxication
does not, in itself, constitute a mental disease or defect within the
meaning of Section 3.1.6.
3.1.6 Mental Disease or Defect:
a) A
person is not responsible for criminal conduct if, at the time of
such conduct, as a result of mental disease or defect, he or she lacks
substantial capacity either to appreciate the wrongfulness of that
conduct or to conform that conduct to the requirements of law.
b) As
used in this Section, the terms "mental disease" or "defect"
do not include abnormality manifested only by repeated criminal or
otherwise anti-social conduct.
3.1.7 Self-Defense:
a) The
use of reasonable force is a defense when a person reasonably believes
that such force is immediately necessary to protect himself or herself.
b) A
person is not justified in using force for the purpose of resisting
arrest, execution of process, or other performance of duty by a public
servant regardless of whether the conduct of the public servant is
lawful; but clearly excessive force on the part of public servant
may be resisted.
c) A
person is not justified in using force if the conduct of the person
against whom force is used was provoked by the defendant himself with
the intent to cause physical injury to that other person.
3.1.8 Defense of Others:
The use
of force in order to defend a third person is a defense if:
a) The
defendant reasonably believes that the person whom he seeks to protect
would be justified in using such protective force; and
b) The
defendant has not, by provocation or otherwise, forfeited the right
of self-defense; and
c) The
defendant reasonably believes that intervention is necessary for the
protection of such other person.
3.1.9 Defense of Property
The use
of force, other than deadly force, is a defense if the defendant reasonably
believes that such force is necessary to prevent or terminate conduct
which the defendant reasonably believes the commission or attempted
commission of which is a crime involving trespass, damage to or theft
of property.
3.1.10 Use of Deadly Force:
The use
of deadly force is a defense only where the defendant reasonably believes
that such force is necessary to protect himself, herself, or another
person from death, serious bodily harm, kidnapping, or a sexual act
compelled by force or threat.
3.1.11 Criminal Complicity and Solicitation:
a) A
person may be convicted of an offense based upon the conduct of another
person when:
(i)
Acting with the state of mind sufficient for the commission of the
offense, the defendant causes another person to engage in such conduct;
or
(ii)
With the intent that an offense be committed, the defendant solicits,
requests, commands, induces or intentionally aids another person
to engage in such conduct.
b) The
penalty for being an accomplice to a crime is the same as the penalty
for being a principal in the crime.
c) A
person is not liable under this Section for the conduct of another
if he terminates his complicity prior to the commission of the offense
and gives timely warning to law enforcement authorities or otherwise
makes proper effort to prevent the commission of the offense.
3.1.12 Attempts:
a) A
person is guilty of an attempt to commit a crime if the person intentionally
does or omits to do anything which, under the circumstances as the
defendant believes them to be is an act or omission constituting a
substantial step toward the commission of a crime.
b) A
person who engages in conduct designed to aid another person to commit
a crime which would establish complicity under Section 3.1.11(a)(i)
if the crime were committed by such other person is guilty of an attempt
to commit the crime although the crime is not actually committed or
attempted.
c) Conduct
is not criminal which could only be characterized as an attempt to
commit a crime which is itself defined solely in the terms of attempt.
d) The
penalty for an attempted crime is the same as the penalty for the
completed crime.
3.1.13 Duress:
Duress
is a defense only where the defendant reasonably believes that he or
she is compelled to act by the threat of death or serious bodily harm
such as would render a person of reasonable firmness incapable of resisting
such threat.
3.1.14 Entrapment:
Entrapment
is a defense only where a law enforcement officer induces the defendant
to commit an offense using persuasion or other means such as would cause
a normally law-abiding person to commit the act or acts that are elements
of the offense. Conduct merely affording the defendant an opportunity
to commit the offense does not constitute entrapment.
3.1.15 Bigamy:
A person
who marries another person while legally married to a third person is
guilty of bigamy. This Section shall not apply to a person whose spouse
has been absent for five (5) successive years and is reasonably believed
by the defendant to be dead.
CHAPTER 2 ASSAULT AND RELATED OFFENSES
3.2.1 Aggravated Assault:
A person
who
a) Intentionally
causes serious bodily injury to another
b) Intentionally
causes bodily injury to another with a dangerous weapon; or
c) Recklessly
causes serious bodily injury to another under circumstances manifesting
indifference to the value of human life is guilty of aggravated assault.
Any person
convicted of Aggravated Assault shall be sentenced to imprisonment for
a period not to exceed three hundred sixty (360) days or a fine not
to exceed $5,000.00 plus court costs, or both.
3.2.2 Sexual Assault:
A person
who intentionally has sexual contact with another or who causes such
other person to have sexual contact with the defendant, is guilty of
sexual assault, if:
a) The
defendant compels the other person to submit by force or by any threat
that would render a person of reasonable firmness incapable of resisting;
or
b) The
other person is under twelve (12) years of age; or
c) The
other person is in official custody or otherwise detained in a hospital,
prison or other similar institution and the defendant has supervisory
or disciplinary authority over the detained person.
"Sexual
contact" means any touching of the genitals or other intimate parts
of the person with the intent of arousing or gratifying sexual desire.
Any person
convicted of Sexual Assault shall be sentenced to imprisonment for a
period not to exceed three hundred sixty (360) days or a fine not to
exceed $5,000.00 plus court costs, or both.
3.2.3 Simple Assault:
A person
who
a) Intentionally
causes bodily injury to another; or
b) Recklessly
or negligently causes bodily injury to another with a dangerous weapon;
or
c) Attempts
by physical menace to put another in fear of serious bodily harm,
or by physical menace causes another to harm himself or herself, is
guilty of an assault. Where the victim of an assault is a public official
or employee, it is no defense that the action of the public official
or employee is unlawful so long as the official reasonably appeared
to be acting within the scope of his or her duties or employment;
provided, however that clearly excessive force may be resisted.
Any person
convicted of Simple Assault shall be sentenced to imprisonment for a
period not to exceed one hundred eighty (180) days or a fine not to
exceed $1,000.00 plus court costs, or both.
CHAPTER 3 CRIMES AGAINST PRIVATE PROPERTY
3.3.1 Arson:
A person
who starts or maintains a fire or causes an explosion with intent to
destroy or damage a building, occupied structure, motor vehicle, field,
crop, or standing timber of another is guilty of arson.
Any person
convicted of Arson shall be sentenced to imprisonment for a period not
to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00
plus court costs, or both, and restitution to the victim.
3.3.2 Burglary:
The person
who enters a building or occupied structure, or a separately secured
or occupied portion of a building or structure, with intent to commit
a crime therein is guilty of burglary, unless the premises are at the
time open to the public or the defendant is licensed or privileged to
enter.
Any person
convicted of Burglary shall be sentenced to imprisonment for a period
not to exceed three hundred sixty (360) days or a fine not to exceed
$5,000.00 plus court costs, or both.
3.3.3 Criminal Trespass:
A person
who, knowing that he or she is not licensed or privileged to do so:
a) Enters
or surreptitiously remains in any building or occupied structure,
or separately secured or occupied portion of a building or structure;
or
b) Enters
or remains in any place as to which notice against trespass is given
by:
(i)
Actual communication to the defendant;
(ii)
Posting in a manner reasonably likely to come to the attention of
intruders; or
(iii)
Fencing or other enclosures manifestly designed to exclude intruders;
or
c) Intentionally
allows an animal to occupy or graze on the lands of another person
is guilty of criminal trespass.
Any person
convicted of Criminal Trespass shall be sentenced to imprisonment for
a period not to exceed one hundred eighty (180) days or a fine not to
exceed $1,000.00 plus court costs, or both.
CHAPTER 4 THEFT AND RELATED CRIMES
3.4.1 Theft:
A person
who
a) Intentionally
takes or exercises unauthorized control over or makes an unauthorized
transfer of an interest in, the property of another with intent to
deprive the owner thereof or
b) Intentionally
obtains the property of another by misrepresentation or deception;
or
c) Intentionally
obtains the property of another by threat of force; or
d) Receives,
retains or disposes of the property of another knowing that it has
been stolen or believing that it has probably been stolen, unless
the property is received, retained or disposed of with interest to
restore it to the owner; or
e) Comes
into control of property of another that the defendant knows was lost,
mislaid, or delivered under a mistake as to the nature or amount of
the property or the identity of the recipient, and with intent to
deprive the owner thereof, fails to take reasonable measures to restore
the property to the person entitled to have it; or
f) Intentionally
obtains services, known by the defendant to be available only for
compensation, by avoiding payment for the services, or, having control
over the disposition of services of another to which he or she is
not entitled, knowingly diverts those services to the defendant's
own benefit or to the benefit of another not entitled thereto; or
g) Intentionally
disposes of, uses, or transfers any interest in property which has
been entrusted to the defendant as a parent or guardian of a minor,
or for any other reason, for other than the purpose of purposes for
which the property was placed in trust; or
h) Intentionally
misbrand or alters the brand or mark on any livestock of another person
is guilty of theft.
Conduct
denominated "theft" in this Section constitutes a single offense embracing
the several offenses heretofore known as embezzlement, extortion, fraud,
larceny, receiving stolen property, misbranding, and the like.
Any person
convicted of theft shall be sentenced to imprisonment for a period not
to exceed three hundred sixty (360) days or a fine not to exceed $5,000.00
plus court costs, or both, and restitution to the victim.
3.4.2 Robbery:
A person
who, in the course of committing or attempting to commit a theft or
while fleeing from the commission or attempted commission of a theft;
a) Inflicts
or attempts to inflict bodily injury upon another person; or
b) Threatens
or menaces another with immediate bodily injury is guilty of robbery.
Any person
convicted of Robbery shall be sentenced to imprisonment for a period
not to exceed three hundred sixty (360) days or a fine not to exceed
$5,000.00 plus court costs, or both, and restitution to the victim.
3.4.3 Criminal Mischief:
A person
intentionally or recklessly:
a) Damages
intangible property of another person; or
b) Tampers
with tangible property of another person so as to endanger person
or property is guilty of criminal mischief.
Any person
convicted of Criminal Mischief shall be sentenced to imprisonment for
a period not to exceed one hundred eighty (180) days or a fine not to
exceed $1,000.00 plus court costs, or both, and restitution to the victim.
3.4.4 Issuing Bad Checks:
A person
who issues any check, draft or order upon any bank or other depository
knowing that there are not sufficient funds in his or her account to
pay such check, draft or order in full upon presentation is guilty of
issuing bad checks. No person shall be prosecuted under this Section
unless he or she has been notified in writing of the insufficiency of
funds, has been given at least ten (10) days in which to make restitution,
and has failed to make such restitution.
Any person
convicted of Issuing Bad Checks shall be sentenced to imprisonment for
a period not to exceed ninety (90) days or a fine not to exceed $500.00
plus court costs, or both, and restitution to the victim.
3.4.5 Forgery:
A person
who, with intent to deceive or harm the Tribe or any other person, knowingly
and falsely makes, completes, executes, authenticates, issues, transfers
or alters any writing. Any person convicted of Forgery shall be sentenced
to imprisonment for a period not to exceed one hundred eighty (180)
days or a fine not to exceed $1,000.00 plus court costs, or both, and
restitution to the victim.
CHAPTER 5 CRIMES AGAINST THE PUBLIC ORDER
Explosives and Weapons Offenses:
3.5.1 Carrying Concealed Dangerous Weapons:
A person
who carries, concealed about his or her person without specific governmental
approval, any of the following weapons, is guilty of carrying a concealed
dangerous weapon:
a) Blackjack,
billy club, gludgeon, metal knuckles or knife with a blade over six
(6 II) inches long or other sharp or dangerous instrument usually
employed in the attack or defense of a person; or
b) A
gun or dangerous firearm, whether loaded or unloaded.
Any person
convicted of Carrying Concealed Dangerous Weapons shall be sentenced
to imprisonment for a period not to exceed one hundred eighty (180)
days or a fine not to exceed $1,000.00 plus court costs, or both, and
restitution to the victim. In addition to the penalty prescribed for
such an offense, a person convicted of carrying a concealed weapon may
be ordered by the Court to forfeit such weapon to the Tribe.
3.5.2 Possession of Explosives:
A person
who possesses, transports or controls any nitroglycerin, dynamite or
other dangerous explosive, unless such explosive is possessed in the
prosecution of or to effect a lawful purpose previously approved by
the Tribal Council, is guilty of possession of explosives.
Any person
convicted of Possession of Explosives shall be sentenced to imprisonment
for a period not to exceed one hundred eighty (180) days or a fine not
to exceed $1,000.00 plus court costs, or both, and restitution to the
victim. In addition to the penalty prescribed for such an offense, a
person convicted of possession of explosives may be ordered by the Tribal
Court to forfeit such explosives to the Tribe.
3.5.3 Use of Dangerous Weapons by Children:
A parent,
guardian, or other person having charge or custody of a minor under
sixteen (16) years of age who knowingly allows such minor to carry or
use in public a dangerous weapon listed in Section 3.5.1 except when
such minor is in the company and under the direct or indirect control
of such parent, guardian or other adult person is guilty of use of dangerous
weapons by children. Any person convicted of Use of Dangerous Weapons
by Children shall be sentenced to imprisonment for a period not to exceed
one hundred eighty (180) days or a fine not to exceed $1,000.00 plus
court costs, or both, and restitution to the victim. In addition to
the penalty prescribed for such an offense, a person convicted of use
of dangerous weapons by children may be ordered by the Tribal Court
to forfeit such weapon to the Tribe.
3.5.4 Unlawful Discharge of Firearms:
A person
who
a) Discharges
a firearm in a careless or reckless manner so as to endanger a person
or property within the Coushatta Reservation; or
b) Discharges
a firearm within 100 feet of a resident, business or roadway is guilty
of unlawful discharge of firearms.
Any person
convicted of Unlawful Discharge of Firearms shall be sentenced to imprisonment
for a period not to exceed one hundred eighty (180) days or a fine not
to exceed $1,000.00 plus court costs, or both, and restitution to the
victim. In addition to the penalty prescribed for such an offense, a
person convicted of unlawful discharge of firearms may be ordered by
the Tribal Court to forfeit such firearm to the Tribe.
3.5.5 Unlawful Possession of Firearms:
A person
other than a law enforcement officer engaged in official duties who:
a) Possesses,
obtains, receives, sells or uses a short-barrelled rifle (16" or less)
or short-barreled shotgun (18" or less); or
b) Possesses
or owns a firearm after having been convicted in any jurisdiction
of a felony that involved possession of a firearm; is guilty of unlawful
possession of firearms.
Any person
convicted of Unlawful Possession of Firearms shall be sentenced to imprisonment
for a period not to exceed one hundred eighty (180) days or a fine not
to exceed $1,000.00 plus court costs, or both, and restitution to the
victim. In addition to the penalty prescribed for such an offense, a
person convicted of unlawful possession of firearms may be ordered by
the Tribal Court to forfeit such weapon to the Tribe.
CHAPTER 6 DRUGS AND RELATED OFFENSES:
3.6.1 Unlawful Production, Sale, Possession or Use of Drugs:
Any person
who knowingly produces, sells or possesses marijuana or any narcotic
drug, including any substance containing opium, coca leaves, any opiate
or any substance, compound or derivative thereof, any salt, compound,
isomer derivative or preparation thereof which chemical equivalent or
identical with any of the substances referred to above but not including
the isoquinoline alkaloids of opium, or who shall inhale the fumes of
any gasoline, airplane glue, or any other similar noxious substance
for the purposes of producing intoxication is guilty of unlawful production,
sale, possession or use of drugs.
Any person
convicted of unlawful production or sale of drugs shall be sentenced
to imprisonment for a period not to exceed three hundred sixty (360)
days or a fine not to exceed $5,000.00 plus court costs, or both. Any
person convicted of Unlawful Possession of Drugs shall be sentenced
to imprisonment for a period not to exceed one hundred eighty (180)
days or a fine not to exceed $1,000.00 plus court costs, or both.
Any drugs,
drug paraphernalia, and property used or obtained in the commission
of any crime under this Section shall be subject to forfeiture as ordered
by the Court.
CHAPTER 7 OFFENSES INVOLVING GOVERNMENT PROCESSES:
3.7.1 Hindering Law Enforcement:
A person
who knows that another person has or may have committed a criminal offense
and intentionally interferes with, hinders, delays or prevents the discovery,
arrest, prosecution conviction or punishment of such other person by:
a) Harboring
or concealing such other person;
b) Providing
such other person with a weapon, money, transportation, disguise or
other means of avoiding discovery or apprehension;
c) Warning
such other person of impending discovery or apprehension, unless the
warning is intended to induce such person to give himself up to a
law enforcement officer;
d) Giving
false information or a false report to a law enforcement officer,
knowing such information or report to be false, or
e) Attempting
to influence the deliberation of a jury; is guilty of hindering law
enforcement.
Any person
convicted of Hindering Law Enforcement shall be sentenced to imprisonment
for a period not to exceed one hundred eighty (180) days or a fine not
to exceed $1,000.00 plus court costs, or both.
3.7.2 Perjury:
A person
who, in any official proceeding of the Coushatta Tribe, makes a false
statement or interpretation under oath or equivalent affirmation, or
swears or affirms the truth of a statement of interpretation previously
made when the statement or interpretation is material and the defendant
does not believe it to be true, is guilty of perjury. Falsification
is material if it could have affected the course or outcome of the proceeding.
Any person
convicted of Perjury shall be sentenced to imprisonment for a period
not to exceed three hundred sixty (360) days or a fine not to exceed
$5,000.00 plus court costs, or both.
3.7.3 Criminal Contempt:
All Courts
of the Coushatta Tribe have power to punish for contempt of their authority
the following offenses:
a) Misbehavior
of any person in the presence of the Court or so near thereto as to
obstruct the administration of justice; or
b) Disobedience
or resistance to any process, order, subpoena, warrant or command
of the court.
Any person
convicted of Criminal Contempt shall be sentenced to imprisonment for
a period not to exceed one hundred eighty (180) days or a fine not to
exceed $1,000.00 plus court costs, or both.
3.7.4 Resisting Arrest:
A person
who, with intent to prevent a law enforcement officer from effecting
an arrest:
a) Flees
from a law enforcement officer after being told by an officer that
the person is under arrest; or
b) Creates
a substantial risk of bodily harm to the officer or any other person,
or employs means justifying substantial force to overcome the resistance;
is guilty of resisting arrest.
The court
in its discretion may require a person convicted of resisting arrest
to make restitution to the police officer for property of the officer
that was damaged as the result of the person's resistance. A person
is guilty of an offense under this Section regardless of whether the
arrest resisted is lawful or unlawful but force that is clearly excessive
may be resisted.
Any person convicted of Resisting Arrest shall be sentenced to imprisonment
for a period not to exceed one hundred eighty (180) days or a fine not
to exceed $1,000.00 plus court costs, or both.
3.7.5 Escape:
A person
who unlawfully removes himself or herself from official detention or
fails to return to official detention following temporary leave granted
for a specific purpose or limited period is guilty of escape. "Official
Detention" does not include supervision of probation or parole
or constraint incidental to release on bail.
Any person
convicted of Escape shall be sentenced to imprisonment for a period
not to exceed three hundred sixty (360) days or a fine not to exceed
$5,000.00 plus court costs, or both.
3.7.6 Disorderly Conduct and Related Offenses:
A person
who, with intent to harass, alarm or annoy another person, or in reckless
disregard of the fact that another person is harassed, annoyed or alarmed
by his or her behavior:
a) Engages
in fighting, or in violent, tumultuous or threatening behavior;
b) Makes
loud or disturbing noise after 10:00 P.M. unless in connection with
a function previously authorized by the Tribal Council;
c) In
a public place, uses abusive or obscene language, or makes an obscene
gesture;
d) Obstructs
vehicular or pedestrian traffic, or the use of a public facility;
e) Persistently
follows another person in or about a public place or places;
f) Solicits
sexual activity while loitering in a public place; or
Creates
a hazardous, physically offensive, or seriously alarming condition by
an act which serves no legitimate purpose; is guilty of disorderly conduct.
Any person
convicted of Disorderly Conduct and Related Offenses shall be sentenced
to imprisonment for a period not to exceed ninety (90) days or a fine
not to exceed $500.00 plus court costs, or both.
CHAPTER 8 EXPLOITATION OF CHILDREN:
3.8.1 Contributing to the Delinquency of a Minor:
A person,
including a parent or other person with lawful custody of a minor, who
intentionally, negligently or recklessly causes, encourages, contributes
to or aids a minor in committing a delinquent act or status offense,
is guilty of contributing to the delinquency of a minor. Any person
convicted of Contributing to the Delinquency of a Minor shall be sentenced
to imprisonment for a period not to exceed one hundred eighty (180)
days or a fine not to exceed $1,000.00 plus court costs, or both.
3.8.2 Failure to Support a Dependent Person:
A person
who knowingly fails to provide support that he or she is legally obligated
to provide to his or her child born in or out of wedlock or to another
dependent is guilty of failure to support a dependent person.
Any person
convicted of Failure to Support a Dependent Person shall be sentenced
to imprisonment for a period not to exceed ninety (90) days or a fine
not to exceed $500.00 plus court costs, or both.
3.8.3 Failure to Send a Child to School:
A person
who, without justification or excuse, fails to send a child under his
or her care to school is guilty of failure to send a child to school.
For the purposes of this Section, a child is a person under the age
of sixteen (16) years of age.
Any person convicted of Failure to Send a Child to School shall be sentenced
to imprisonment for a period not to exceed ninety (90) days or a fine
not to exceed $500.00 plus court costs, or both.
3.8.4 Unlawful Possession of Intoxicating Beverages by Minors:
A person
under the age of twenty-one (21) years who purchases or has in his or
her possession any intoxicating beverage is guilty of unlawful possession
of intoxicating beverages by minors. Any person convicted of Unlawful
Possession of Intoxicating Beverages by Minors shall be sentenced to
imprisonment for a period not to exceed ninety (90) days or a fine not
to exceed $500.00 pins court costs, or both In addition to the penalty
prescribed for such an offense, all alcoholic beverages possessed in
violation of this Section will be forfeited to the Tribe, and disposed
of in accordance with the Order of the Court.
3.8.5 Littering:
Any person
who shall dispose of any garbage or other forms of litter or waste or
shall abandon any vehicle or other property anywhere within the boundaries
of the Reservation or any Tribal Property within the criminal jurisdiction
of the Tribe, except in public waste disposal grounds designated by
the Tribal Council shall be guilty of an offense and upon conviction
thereof shall be sentenced to jail for a period of not more than fifteen
(15) days or to pay a fine of not more than $500.00 or both, with costs.
Any abandoned vehicle or other property may be seized by the Coushatta
Public Safety Department pursuant to an Order of the Coushatta Court
and may be sold or otherwise disposed of as the Court shall direct.
Abandonment shall be presumed wh