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Coushatta Tribe of Louisiana Judicial Codes

Approved: 1998; Last amended: 2004

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that Title II (1), Criminal Procedure (First Choice), and Title VI (1), Juveniles (First Choice), be and hereby are repealed, effective as of the date of certification of this resolution: and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.

                                        
Bar Member

Subscribed and sworn to before me this                          day of                                 ,                                     .

                                      
Judge


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 when any vehicle or other property is left unattended in any public area for twenty-four (24) hours. The Court may require the owner of the abandoned vehicle to reimburse the Coushatta Public Safety Department for the costs of towing, impoundment and any other related costs.


3.8.6 Public Drunkenness; Drug Incapacitation:

Any person who shall appear in any public place manifestly under the influence of alcohol, or any other drug, or narcotic, to the degree that he endangers himself or another person or property, or causes a public disturbance, shall be guilty of an offense and upon conviction thereof, shall be sentenced to jail for a period of not more than thirty (30) days, or to pay a fine of not more than $500.00 or both, with costs. Drunkenness alone, in the absence of the foregoing aggravating factors, shall not be an offense.


3.8.7 Vehicles - Unauthorized Use of:

Any person who shall operate another's automobile, motorcycle, motorboat, or other motor- propelled vehicle without the consent of the owner shall be guilty of an offense and upon conviction thereof shall be sentenced to jail for a period of not more than sixty (60) days or to pay a fine of not more than $1,000.00 or both, with costs. It is an affirmative defense to prosecution under this Section that the defendant reasonably believed that the owner would have consented to the operation if he had known of it.


CHAPTER 9 LIMITATIONS


3.9.1 Limitations:

No prosecution shall be maintained under this Title unless it is commenced within one (1) year after the commission of the offense.


CHAPTER 10 CRIMES AGAINST PERSONS


3.10.1 Murder:

Whoever intentionally causes the death of another human being is guilty of murder. Any person convicted of Murder 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.


3.10.2 Manslaughter:

A person who recklessly causes the death of another human being is guilty of manslaughter. Any person convicted of Manslaughter 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.


3.10.3 Negligent Homicide:

A person who, negligently causes the death of another human being is guilty of negligent homicide. Any person convicted of Negligent Homicide 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.


3.10.4 Causing or Aiding Suicide:

A person who, by force, duress or deception, intentionally causes another person to commit or attempt to commit suicide, or aids or solicits another to commit or attempt to commit suicide is guilty of causing or aiding suicide.

Any person convicted of Causing or Aiding Suicide 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.


3.10.5 Kidnapping:

A person who, by force, threat or deception:

a) Removes another person against his or her will from his or her place of residence or business, or a substantial distance from the vicinity where he or she is located; or

b) Confines another person for a substantial period against his or her will is guilty of kidnapping.

Any person convicted of Kidnapping 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.


3.10.6 Rape:

A person who engages in a sexual act with another person, or who causes another person to engage in a sexual act, is guilty of rape 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 defendant, or someone else with the defendant's knowledge, has substantially impaired the other person's power to appraise or control that person's knowledge by administering intoxicants, drugs or other similar substances with the intent to prevent resistance; or;

c) The other person is unconscious; or

d) The defendant knows that the other person submits because the other person falsely supposes the defendant to be someone else, unless the defendant is the spouse of the other person; or

e) The other person is under twelve (12) years of age; or

f) The defendant knows that the other person suffers forma mental disease or defect which renders that person incapable of understanding the nature of his or her conduct, unless the defendant is the spouse of the other person; or

g) The other person is in official custody or otherwise detained in a hospital, prison, or other similar institution and the defendant has supervisory and disciplinary authority over the detained person.

"Sexual act" means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or the mouth and the anus. For the purposes of this Code, sexual contact between the penis and the vulva, or between the penis and the anus, occurs upon penetration, however slight. Emission is not required.

Any person convicted of Rape 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.


3.10.7 Statutory Rape:

A person eighteen (18) years of age or older who engages in a sexual act (as defined in Chapter 3, Section 10.6 with another person who is between the ages of twelve (12) and fifteen (15) years, inclusive, is guilty of statutory rape.

Any person convicted of Statutory Rape 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


3.10.8 Indecent Exposure:

A person who exposes his or her genitals or other intimate parts under circumstances likely to cause affront or alarm is guilty of indecent exposure.

Any person convicted of Indecent Exposure 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.


3.10.9 Prostitution and Patronizing a Prostitute:

A person who

a) Is an inmate of a house of prostitution, manages a house of prostitution, or is otherwise engaged in sexual activity as a business; or

b) Solicits another person to hire a prostitute or commit an act of prostitution; or

c) Loiters in view of any public place with the intent of being hired to engage in sexual activity; or

d) Hires a prostitute to engage in sexual activity or enters or remains in a house of prostitution with intent to engage in sexual activity; is guilty of prostitution or patronizing a prostitute.

"Sexual activity" means sexual act or sexual contact as defined in Chapter 3, Section 10.6. Any person convicted of Prostitution or Patronizing a Prostitute 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.


Commentary

The penalties provided for in this chapter are limited by the Indian Civil Rights Act, 25 U.S.C.A. 1301 et seq. The Major Crimes Act establishes fourteen enumerated crimes over which federal jurisdiction has been assumed and is concurrent with the tribe's criminal jurisdiction. The United States may prosecute any intra-tribal crime listed in the Major Crimes Act as follows:

18 U.S.C. 1153. Offenses committed within Indian country

a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title), an assault against an individual who has not attained the age of 16 years, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. (b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.


TITLE 3A

Protection from Violence and Domestic Violence Code

Resolution 2000-29 (Adopted August 15, 2000; Effective August 15,2000).


Chapter 3A 01 General Provisions


3A.01.010 Purpose.

The purpose of this Code is to insure the safety and protection of all persons from violence or threats of violence and from harassment, to insure the right of the public to a safe and secure community, to protect the community from the effects of violent acts, and to insure that whenever an offense of violence occurs, including domestic violence, the offender incurs an obligation to the community. Although this Code provides for specific remedies to prevent acts of Domestic Violence, this code shall not be limited to protect only victims of Domestic Violence, but shall also be interpreted to give effect to the protection of all victims of violence and abuse. Domestic Violence comes in many forms, including, but not limited to, physical, psychological/emotional and sexual abuse, of a child, spouse, sibling, parent or of an elder. This Code shall be interpreted and followed to give effect to these purposes.


3A.01.020 Jurisdiction.

Jurisdiction to make arrests or detain offenders for violations of this Code shall apply to all persons within the boundaries and lands of the Coushatta Tribe of Louisiana. The Coushatta Tribal Court shall retain jurisdiction over members of federally-recognized Indian tribes for violations of Orders of Protection entered pursuant to this Code which are alleged to have occurred outside of the boundaries and lands of the Coushatta Tribe of Louisiana, where such orders are entitled to recognition outside reservation boundaries either as a matter of comity or full faith and credit.


3A.01.030 Severability.

If any provision of this Code or its application to any person or circumstance is held invalid, the remainder of this Code, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this Code are declared to be severable.


3A.01.040 Definitions--purpose.

The purpose of this section is to provide definitions which will insure that this code has the broadest possible scope, with regard to the people, relationships, and actions involved, and to provide definitions of legal terms in order to promote understanding and use of this code.

(a) "Advocate" means an employee of or volunteer for a program for victims of domestic violence who:

(1) Has a primary function of rendering advice, counseling or assistance to victims of domestic violence, supervising the employees or volunteers of the program, or administering the program.

(2) Has undergone initial training related to domestic violence issues.

Works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program.

(b) "bodily injury" means any act, except one done in self-defense, that results in physical injury or sexual abuse.

(c) "Crime involving domestic violence" means one or more of the following crimes when committed by a family or household member against another family or household member:

(1) Offenses listed under 18 U.S.C. 1153, the Major Crimes Act as now or hereafter amended: murder, manslaughter, kidnapping, maiming, felony sexual abuse under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and felony theft under section 661 of Title 18.

(2) Offenses listed under the Coushatta Tribe of Louisiana Judicial Code, Title 3, as now or hereafter amended: assault, assault and battery, abductions, subjection to maltreatment, malicious mischief, trespass, and disobedience to lawful orders of court, when the order was entered for the purpose of protecting a victim of alleged domestic violence.

(d) "Domestic Violence" means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(1) Attempting to cause or causing physical harm to another family or household member.

(2) Attempting to commit or committing a crime involving domestic violence against another family or household member.

(3) Placing a family or household member in reasonable fear of physical harm to himself or herself or another family or household member. This fear may be produced by behavior which induces fear in the victim, including, but not limited to, harassment, stalking, destruction of property, or physical harm or threat of harm to household pets.

(4) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force or duress.

(e) "Ex parte" when used in connection with proceedings or orders of the court under this code, means that only the requesting party is heard by the court, and that notice and an opportunity to contest the facts are not available to the party adversely affected.

(f) "Family or household members" include:

(1) Persons who are current or former spouses.

(2) Persons who live together or who have lived together at any time.

(3) Persons who are dating or who have dated.

(4) Persons who are engaged in or who have engaged in a sexual relationship.

(5) Persons who are related by blood or adoption.

(6) Persons who are related, or who are formerly related, by marriage.

(7) Persons who have a child in common, regardless of whether they have been married or lived together.

(8) Persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

(9) Minor children, either legal or biological, of a person in a relationship that is described in 1 through 7 above.

(g) "Protection Order" includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.

(h) "Probable Cause" is a legal standard used by law enforcement officers, officers of the court, attorneys and advocates to provide guidance on when there are enough facts and circumstances present, in a given situation, to justify arrest of a suspect by a law enforcement officer.


Chapter 2. Law Enforcement Response and Duties


3A.02.010 Duties of law enforcement officer to victims.

(a) A law enforcement officer who responds to an allegation of violence or a crime involving violence shall use all reasonable means to protect the victim and prevent further violence, including, but not limited to:

(1) Taking necessary actions to provide for the safety of the victim and any family or household member, including arrest of an alleged perpetrator or primary physical aggressor, and moving a victim at his or her request.

(2) Confiscating any weapon involved in an allegation of violence or domestic violence.

(3) Transporting or obtaining transportation for the victim and any child to a shelter, at the victim's request.

(4) Assisting the victim in obtaining personal effects.

(5) Assisting the victim and any child in obtaining medical treatment, including obtaining transportation to a medical facility.

(6) Giving the victim immediate and adequate notice of the rights of victims and of the remedies and services available to victims violence and domestic violence.

(b) As part of the notice required in (a) 6 above, the law enforcement officer shall give a written notice to the adult victim which substantially informs him or her that:

?If you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety. The officer can assist you to:

(1) Ask for an Emergency Order of Protection.

(2) Gather up personal effects.

(3) Locate a safe place and take you there. The officer may take you to a shelter, the residence of a friend or family member, any other place of safety, or a meeting place where someone else can transport you to a safe place.

(4) Receive medical treatment.

(5) Receive a copy of the officer's report, from the Police Department at no cost.

(6) Contact the office for Victims of Crime Assistance or other advocate services for immediate assistance.

(c) You may request the Prosecutor file a criminal complaint. You also have the right to file a petition in Coushatta Tribal Court requesting an Order of Protection from further acts of violence, or domestic or family violence. An Order of Protection may include specific orders of the court, to your abuser or for your welfare, including any of the following:

(1) Order to not commit or threaten to commit further acts of domestic violence.

(2) Order to not contact you, harass, annoy, telephone or otherwise communicate with you, either directly or indirectly.

(3) Order removing your abuser from your residence, regardless of who owns the residence.

(4) Order to stay away from your residence, school, place of employment, or any other specific place you or another family or household member frequently go.

(5) Order prohibiting the possession or use of any firearm or other weapon specified by the court, and requiring that such weapon be turned in to law enforcement.

(6) Temporary order granting you possession and use of the automobile and other essential personal items and property, regardless of ownership.

(7) Temporary order granting you custody of your child or children.

(8) Temporary order denying your abuser visitation with your child or children.

(9) Order making specific requirements for visitation, including supervised visitation.

(10) Order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses or to maintain existing medical insurance coverage, expenses for shelter, court costs and attorney's fees.

(d) The forms you need to obtain an Order of Protection are available from the clerk at the Tribal Court, which are available to members of the community who are victims of domestic violence. No fees are required for an Order of Protection.

(e) You also have the right to request payment for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or financial support, and other expenses for injuries sustained and damage to your property. This request can be made, without an attorney, by filing a complaint in the Tribal Court.


3A.02.020 Duty of law enforcement officer to insure evidence preserved--purpose.

(a) The purpose of this section is to assist in the prosecution of perpetrators of alleged domestic violence or crimes involving domestic violence, recognizing that victims are often reluctant to press charges or testify at subsequent hearings for many reasons, including but not limited to economic factors, and emotional and psychological factors related to patterns of victimization.

(b) A law enforcement officer who responds to an allegation of domestic violence or a crime involving domestic violence shall take reasonable steps to collect sufficient evidence to enable the prosecutor to secure a conviction of the perpetrator without the testimony of any victim. Reasonable steps include, when appropriate, photographs of injuries to any victim, of damage to property and of the location and surroundings of the alleged incident.

(c) A law enforcement officer who responds to an allegation of domestic violence or a crime involving domestic violence shall encourage any victim to make a statement concerning the incident, to sign it, and shall take one from any perpetrator, if possible.

A law enforcement officer who responds to an allegation of domestic violence or a crime involving domestic violence shall insure that the victim is made aware of the importance of preserving evidence of the incident.

Confidentiality of Evidence. The law enforcement officer and the responding law enforcement agency or agencies, shall not allow any evidence collected, including photographs of the victim, to be distributed or viewed by anyone not directly associated with the investigation or prosecution of the ease.


3A.02.030 Mandatory arrest for domestic violence or crimes involving domestic violence--purpose--determination of primary physical aggressor--required

(a) The purpose of mandating arrest of perpetrators in all instances where an officer determines that there is probable cause to conclude that domestic violence or a crime involving domestic violence has occurred is to provide victims with immediate protection from the current violence, afford them an opportunity to consider legal options, to provide victims with time to safely relocate or obtain an order of protection, and to insure an adequate and prompt law enforcement response to domestic violence.

(b) A law enforcement officer shall, without a warrant, arrest a person and charge him or her with the appropriate crime if the officer has probable cause to believe that the person has committed domestic violence or a crime involving domestic violence within the previous four (4) hours. The officer's duty to make an arrest upon probable cause is not lessened even though it may be against the expressed wishes of the victim.

(c) If a law enforcement officer receives a complaint alleging domestic violence or a crime involving domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was more likely to have been the primary physical aggressor. In determining whether a person was the primary physical aggressor, the officer shall consider:

(1) Prior complaints of domestic violence.

(2) The relative severity of the injuries inflicted on each person.

(3) The likelihood of future injury to each person.

(4) Whether one of the persons acted in self-defense.

(d) If a law enforcement officer determines that one person was the primary physical aggressor, the officer need not arrest the other person, even if the officer has probable cause to believe that the other person has committed domestic violence or a crime involving domestic violence against the primary physical aggressor.

(e) A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by any party.

(f) In addition to any other report required, a law enforcement officer who does not make an arrest, or who arrests two or more persons, after investigating a complaint of domestic violence or a crime involving domestic violence, must submit a detailed written report stating why the officer either did not make an arrest, or arrested two or more parties.

(g) The law enforcement officer shall forward the offense report to the prosecutor within five (5) days of the incident if there is probable cause to believe that an offense has been committed, unless the case is under active investigation.


3A.02.040 Law enforcement officer duties to request and upon receiving telephonic emergency order of protection.

(a) When a law enforcement officer has probable cause to believe that domestic violence or a crime involving domestic violence has occurred, and the victim requests immediate protection, and a judge is not available to hear a request for an emergency order of protection in person, the officer may contact the judge by telephone to hear the request, and the officer shall state the grounds for making the request.

(b) A law enforcement officer who receives authorization from the court, by telephone, to carry out an emergency order of protection shall:

(1) Write and sign the order as directed by the court.

(2) Immediately provide the petitioner with a copy of the order, and assist the petitioner in securing any items of property he or she is entitled to under the terms of the order.

(3) Serve a copy on the respondent.

(4) Provide the order to the court by the end of the next judicial day.


3A.02.050 Law enforcement officer duty to expedite service for orders of protection.

The Coushatta Police Department shall insure that law enforcement officers provide expedited service for orders of protection.


3A.02.060 Authority of law enforcement officer to seize and hold weapons.

(a) Incident to an arrest for domestic violence or a crime involving domestic violence, a law enforcement officer shall seize all weapons that are alleged to have been involved, or were threatened to be used, in the commission of a crime.

(b) The officer may also seize a weapon that is in the plain view of the officer, or was discovered pursuant to a consensual search or a search incident to arrest as necessary for the protection of the officer or other persons.

(c) Law enforcement officers are authorized to confiscate weapons from a person who is prohibited from possessing or using them.

(d) Law enforcement officers are also authorized to accept and hold weapons for safekeeping for a person who is prohibited from possessing or using them.


3A.02.070 Mandatory arrest for certain violations of an order of protection.

When a law enforcement officer has probable cause to believe that a respondent has violated one of the following orders of the court, and the officer has verified the existence of the order, the officer shall, without a warrant, arrest the alleged violator. Arrest shall be mandatory where the violation is of one of the following:

(a) Order to not commit or threaten to commit further acts of domestic violence.

(b) Order to not contact the petitioner, harass, annoy, telephone or otherwise communicate with the petitioner, either directly or indirectly.

(c) Order removing the respondent from the petitioner's residence.

(d) Order to stay away from petitioner's residence, school, place of employment, or any other specific place petitioner or another family or household member frequently go.

(e) Order prohibiting the possession or use of any firearm or other weapon specified by the court.


3A.02.080 Mandatory arrest for violation of conditions of release.

If a law enforcement officer has probable cause to believe that a person has violated a condition of release, imposed by the court, from arrest or detention for allegedly committing domestic violence or a crime involving domestic violence, and the officer verifies that the alleged violator has notice of the conditions of release, the officer shall, without a warrant, arrest the alleged violator.


3A.02.090 Law enforcement records on domestic violence to be identifiable.

Written records of arrests by, and incident reports filed by law enforcement officers, which are kept by the Coushatta Tribal Police Department, shall be made identifiable by means of a departmental code for domestic violence.


3A.02.100 Liability of law enforcement officers.

A law enforcement officer shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this Code arising from alleged domestic violence or a crime involving domestic violence brought by any party.


Chapter 3A.03 Order of Protection - Civil Process


3A.03.010 Purpose.

The purpose of this chapter is to provide victims of domestic violence with a process for obtaining orders of protection independent of contacting law enforcement officers to report a crime. Petitioners applying for orders of protection should be referred to law enforcement in the event that an unreported crime has been committed. The purpose of authorizing orders of protection to be issued without prior notice to the respondent is to insure the immediate protection of the petitioner and any family or household member, and to prevent further violence and orders may be modified or extended, with or without either notice to the respondent or a hearing, consistent with this purpose.


3A.03.020 Filing a petition for an order of protection--who may file.

(a) Any person who alleges that he or she is or has been a victim of domestic violence may file a petition for an order of protection.

(b) A person may petition for relief on his or her own behalf, and on behalf of any family or household members under the age of eighteen (18) years.

(c) Family or household members, including adults, may jointly file a single petition.

(d) Persons under the age of eighteen (18) years must have a parent, guardian or other family or household member file the petition unless the parent, guardian or other family or household member is the alleged abuser, in which case an adult relative, friend or other representative may file on behalf of the minor.


3A.03.030 Filing a petition for an order of protection or to modify an existing order--contents.

A petition for an order of protection from domestic violence, or to modify an existing order of protection shall include:

(a) The name and address where the petitioner would like to receive notices from the court.

(b) An allegation that domestic violence or a crime involving domestic violence has taken place.

(c) The names and ages of all persons known to the petitioner to be in need of protection.

(d) The name, address and age of the alleged abuser, and his or her relationship to each victim.

(e) A signed statement, or separate affidavit filed with the petition, stating in the petitioner's own words, the specific facts and circumstances of the alleged domestic violence, including whether the petitioner believes him or herself to be in immediate danger of further domestic violence, and if applicable, what modifications to the existing order the petitioner is requesting, and why the changes are necessary.

(f) A statement listing each civil or criminal action or proceeding, past and present, involving both parties, the court of record for the action or proceeding, and any additional identifying information which may enable the court to access court dockets, charges, pleadings, outcomes and the issuance of any civil or criminal restraining orders.


3A.03.040 Emergency order of protection--when available--issuing--contents-expiration.

(a) The court shall insure that a judge or other authorized person designated by the court is available to hear petitions or requests for an emergency order of protection twenty-four (24) hours a day, seven (7) days per week.

(b) The court may issue a written or telephonic emergency order of protection, without notice to an alleged perpetrator of domestic violence or a crime involving domestic violence, when a law enforcement officer or the petitioner states to the court in person or by telephone, and the court finds reasonable cause to believe, that the petitioner is in immediate danger of domestic violence based on an allegation of a recent incident of domestic violence or a crime involving domestic violence committed by a family or household member.

(c) The court may issue, upon its own motion, a written or oral emergency order of protection, without notice to an alleged perpetrator of domestic violence or a crime involving domestic violence, when it appears to the court, upon review of a petition for an order of protection from domestic violence, that the court has reasonable cause to believe that the petitioner is in immediate danger of domestic violence, based on an allegation of a recent incident of domestic violence or a crime involving domestic violence committed by a family or household member.

(d) The court may grant the following relief in an emergency order of protection:

(1) Order the respondent to not commit or threaten to commit further acts of domestic violence.

(2) Order the respondent to not contact, harass, annoy, telephone or otherwise communicate with the petitioner, either directly or indirectly.

(3) Order removing the respondent from the petitioner's residence, regardless of ownership of the residence.

(4) Order the respondent to stay away from the petitioner's residence, school, place of employment, or any other specific place petitioner and any designated family or household member frequently go.

(5) Order granting the petitioner possession and use of an automobile and other essential personal items and property, regardless of ownership, and direct law enforcement to accompany the petitioner to the residence of the parties to insure that the petitioner is able to safely retrieve such items, or to supervise the respondent or petitioner in removing personal property.

(6) Order granting the petitioner temporary custody of a child or children.

(7) Order such other relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member.

An emergency order of protection expires ten (10) days after issuance, unless criminal charges are filed against the respondent by the prosecutor, or unless a hearing is scheduled by the court with notice to the respondent.

Following entry of an ex parte emergency order of protection, the court shall:

(1) Set a date for a hearing to be held within three (3) days after entry of an emergency order of protection that grants relief set forth in 3A.03.040 (c) 3, 4, 5, or 6.

(2) Cause the order to be delivered to the Law and Order Department for enforcement purposes and for service upon the respondent.

(3) Transmit a copy of the order to any additional, appropriate law enforcement agencies or other agencies designated by the petitioner.

(4) Make reasonable efforts to insure that the order of protection is understood by the petitioner.


3A.03.050 Order of protection--issuing--contents--expiration.

(a) If it appears from a petition for an order of protection or a petition to modify an order of protection that domestic violence has occurred, or a modification of an order is required, the court may:

(1) Immediately issue or modify an order of protection ex parte, without notice or a hearing, as deemed necessary to protect the petitioner.

(2) Upon notice to the parties and after a hearing, issue or modify an order of protection whether or not the respondent appears.

(b) The court may, without notice and a hearing, issue or modify an order of protection ex parte and grant the relief as set forth in 3A.03.040 (d) 1-7 above, and also order that the respondent's possession or use of any firearm or other weapon specified by the court is prohibited, and that the respondent is required to turn such items in to law enforcement for safekeeping.

(c) A court may grant the following relief in an order of protection or modification of an order of protection, after notice and a hearing, whether or not the respondent appears:

(1) Grant the relief as set forth in 3A.03.040 (d) 1-7 above, and also order that the respondent's possession or use of any firearm or other weapon specified by the court is prohibited, and that the respondent is required to turn such items in to law enforcement for safekeeping.

(2) Specify arrangements for visitation of any minor child by the respondent, and require supervision of that visitation by a third party, or deny visitation if necessary to protect the safety of the petitioner or child.

(3) Order the respondent to make the following payments to the petitioner, the court or to another party:

(A) Rent or mortgage on the petitioner's current residence, regardless of ownership.

(B) Support of the petitioner and minor child, if under the circumstances the respondent is found to have a duty to support the petitioner or minor child.

(C) Reimbursement for any expenses associated with the domestic violence, including but not limited to medical expenses, counseling, shelter, and repair or replacement of damaged property.

(D) Costs and fees incurred by the petitioner in bringing the action, including attorney's fees.

(d) If the court issues or modifies an order of protection under this section the court shall:

(1) Cause the order to be delivered to the Law and Order Department for expedited service to any of the parties who were not present. If the Law and Order Department cannot personally serve the respondent, the court shall complete service by certified mail, return receipt requested, to any address the petitioner believes may reasonably insure notice to the respondent, and by publication.

(2) Make reasonable efforts to insure that the order of protection, or modified order of protection is understood by the petitioner and the respondent, if present.

(3) Transmit a copy of the order of protection, or modified order of protection to any additional, appropriate law enforcement agencies or other agencies designated by the petitioner.

(e) An order of protection issued pursuant to this Section is effective for up to one (1) year, or until further order of the court, and may be renewed or rescinded by the court prior to expiration, upon the petitioner's request and upon notice to the parties and after a hearing, whether or not the respondent appears.


3A.03.060 Request to modify order by respondent.

(a) The purpose of this section is to allow the respondent with a means of requesting modification of an order of protection where such order either:

(1) Removes the respondent from a residence that he or she owns.

(2) Requires the respondent to stay away from the petitioner's residence, school, place of employment, or any other specific place petitioner or any designated family or household member frequently go.

(3) Grants the petitioner possession and use of an automobile and other essential personal items and property, regardless of ownership.

(4) Grants the petitioner temporary custody of a child or children.

(5) Provides or denies the respondent visitation with a minor child or children.

(6) Requires the respondent to make any payments to the petitioner, the court or to another party.

(b) Upon receiving the respondent's request, the court shall set a hearing as soon as practicable, but in no event later than fourteen (14) days after the next day on which court is in session following the filing of the petitioner's request. Notice shall be sent to the petitioner that the respondent is seeking a modification of the order of protection.

(c) The purpose of the hearing, requested by a respondent subject to an order of protection as set forth in (a), above, shall be for the court to consider whether any less restrictive alternatives may be appropriate under the circumstances. The court may modify an order pursuant to this section where the order works an unreasonable hardship upon the respondent, provided that the safety of the victim or any family or household member protected by the order remains the primary consideration.


Chapter 3A.04 Tribal Court Response and Duties


3A.04.010 Conditions of pretrial release--written orders.

(a) When considering pretrial release of a person who is under arrest for, or being charged with, domestic violence or a crime involving domestic violence, the court shall review all available facts and reports concerning the arrest and detention of the person, and make a determination, on the record, if possible, on whether or not to release the person based on whether the person:

(1) Is a threat to the alleged victim or other family or household member

(2) Is a threat to the safety of the community.

(3) Is reasonably likely to appear in court for a subsequent proceeding.

(b) Before authorizing release of a person under arrest for, or being charged with, domestic violence or a crime involving domestic violence, the court shall consider imposing conditions of release or bail on the person in order to protect the alleged victim, and to insure the appearance of the person arrested or charged at a subsequent court proceeding.

Conditions of release or bail may include:

(1) An order to not commit or threaten to commit acts of domestic violence against the alleged victim or other family or household member.

(2) An order to not contact, harass, annoy, telephone or otherwise communicate with the alleged victim, either directly or indirectly.

(3) An order to vacate or stay away from the residence of the victim, even if it is a shared residence, or principally owned by the alleged perpetrator, and to stay away from any specific place the alleged victim or another family or household member frequently go.

(4) An order prohibiting the possession or use of any firearm or other weapon specified by the court, and to turn such weapon in to law enforcement for safekeeping.

(5) An order prohibiting the person from possession or consumption of alcohol or controlled substances.

(6) Any other order the court believes is reasonably necessary to protect and insure the safety of the alleged victim or family or household member, or to insure the appearance of the person at a subsequent court proceeding.

(c) If conditions of release are imposed, the court shall:

(1) Issue a written order for a conditional release.

(2) Immediately distribute a copy of the order to the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person.

(3) Waive any requirement that the alleged victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence. The court may also order a criminal defense attorney not to disclose the victim's location to his or her client.

(d) The written order releasing the person arrested for or charged with domestic violence shall contain the conditions of release imposed by the court and shall contain a prominent annotation, in either boldfaced type or capital letters, which substantially informs the released person that:

Violation of this order is a criminal offense and will subject a violator to arrest. You can be arrested even if any person protected by the order invites or allows you to violate it You have the sole responsibility to fully comply with all of the orders provisions. Only the court may change the order.

(e) The court shall direct the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person, to provide a copy of the conditions of release to the arrested or charged person upon his or her release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.

(f) If conditions of release are imposed without a hearing, the court shall hold a prompt hearing to review the conditions, upon the request of the arrested or charged person.

(g) When a person who is arrested for or charged with domestic violence or a crime involving domestic violence is released from custody, the court shall direct the Coushatta Tribal Police Department, or any other entity having custody of the arrested or charged person to:

(1) Use all reasonable means to immediately notify the victim of the alleged crime that the person is being released.

(2) Furnish the victim of the alleged crime a copy, at no cost, of any conditions of release.


3A.04.020 Duty of prosecutor to inform victim of rights--victim's rights in legal proceedings.

(a) Any person prosecuting domestic violence or a crime involving domestic violence shall notify the victim of his or her rights as set forth below.

(b) A victim of domestic violence or a crime involving domestic violence is entitled to all rights granted to victims of crime including, but not limited to, the right to:

(1) Be informed of all hearing dates and continuances.

(2) A victim shall not be required to testify in person at any proceedings related to the incident, however, the victim may be present at sentencing and address the court, either in person or by a written statement.

(3) Provide the court with a statement either in person or in writing, on the impact that the incident or crime has had on the victim's health, welfare and the emotional impact of the incident or crime, a statement on the victim's opinion regarding the frequency of domestic violence or crimes involving domestic violence which involve the perpetrator, and the perceived risk of further harm.

(4) Advise the court on appropriate counseling and any other conditions of probation and parole that the victim believes should be required of the perpetrator in order to insure the safety and welfare of the victim and other family and household members.

(5) Request restitution for losses directly caused by any criminal conduct by the perpetrator.

(6) Be informed of how to apply for victims compensation, and to apply for such fluids.

(7) Receive notice from the prosecutor when:

(A) an alleged perpetrator will not, for any reason, be prosecuted for alleged domestic violence, a crime involving domestic violence, or for violating an order of protection.

(B) when the disposition of the case involves an agreement reached during plea bargaining.


3A.04.030 Reasons for dismissal required in court file.

(a) When a prosecutor moves to dismiss charges against a defendant accused of domestic violence or a crime involving domestic violence, or when a court dismisses such charges, the specific reasons for the dismissal must be recorded in the court file.

(b) If the motion for dismissal, or dismissal, is based on the unavailability of the alleged victim or any witness, the prosecutor shall indicate the specific reason why such person(s) are unavailable, and why the case cannot be prosecuted.


3A.04.040 Dismissal of criminal case because of civil compromise prohibited.

The court shall not dismiss a criminal case involving domestic violence or a crime involving domestic violence for the sole reason that a civil compromise or settlement is offered or reached.


3A.04.050 Tribal court records on domestic violence to be identifiable.

The court shall identify by any reasonable means, on docket sheets, those criminal actions arising from acts of domestic violence.


3A.040.060 Tribal court records on domestic violence--confidentiality.

The court shall take whatever steps are necessary to insure that a victim's address or location is kept confidential, and to prevent release of such information except at the victim's request, or with his or her consent.


Chapter 3A.05 Special Rules of Court and Law Applicable in Domestic Violence Cases


3A.05.010 Expedited service of process in cases involving domestic violence.

In any case where a perpetrator of alleged domestic violence or crime involving domestic violence cannot personally be served any type of notice required by this Code, and service of process must be effected by mail or publication, service shall be complete:

(a) Upon delivery of the mail, for any form of mail requiring a return receipt signed by the addressee, unless returned by postal authorities because of the addressee's refusal to accept, m which case service is complete fourteen (14) days after mailing notice to the same address by first class mail.

(b) Fourteen (14) days from the date of first publication, so long as the notice is published at least once a week for three (3) consecutive weeks in a newspaper of general circulation in the vicinity of the Coushatta Tribal Reservation.


3A.05.020 Mediation in cases involving domestic violence.

(a) In any proceeding concerning the custody of; or visitation with a child, the court shall not order mediation or refer either party to mediation if an order of protection is in effect.

(b) In any proceeding concerning the custody of, or visitation with a child, if there is an allegation of domestic violence, and an order of protection is not in effect, the court may offer mediation only if:

(1) Mediation is requested by the victim of the alleged domestic violence.

(2) Mediation is provided by a certified mediator, who is trained in domestic violence in a specialized manner intended to protect the safety of victims.

(3) The victim is permitted to have a supporting person of his or her choice, including but not limited to an attorney or advocate, in attendance at the mediation.


3A.05.030 Spousal privileges not applicable in criminal proceedings involving domestic violence.

The following evidentiary privileges do not apply in any criminal proceeding m which a spouse or other family or household member is the victim of domestic violence or an alleged crime involving domestic violence perpetrated by the other spouse:

(a) The privilege of confidential communication between spouses.

(b) The privilege to not testify against a spouse.


3A.05.040 Advocate-victim privilege applicable in cases involving domestic violence--circumstances where privilege not available.

(a) A victim of domestic violence may refuse to disclose, and may prevent an advocate from disclosing, confidential oral communications between the victim and the advocate, and written records and reports concerning the victim when:

(1) The victim claims the advocate-victim privilege.

(2) The person who was the advocate at the time of the confidential communication claims the advocate-victim privilege.

The privilege extends to all oral and written communications between and by either the advocate or the victim, and encompasses all communications made in the course of the advocacy relationship, including those made in the presence of third parties also participating in the advocacy or other victim services.

(b) An advocate may not claim the privilege if the privilege has been waived by the victim, or if the victim is deceased.

(c) The advocate-victim privilege does not relieve a person from any mandatory duty to report child abuse imposed by federal or tribal law. A person may not claim the privilege when providing evidence in proceedings concerning child abuse.


3A.05.050 Child custody and visitation proceedings--presumptions.

(a) In every proceeding where custody or visitation of a child is in dispute, a determination by the court that domestic violence has occurred raises a rebuttable presumption that it is detrimental and not in the best interest of the child to be placed in sole custody, joint legal custody or joint physical custody with the perpetrator of domestic violence.

(b) In every proceeding where custody or visitation of a child is in dispute, a determination by the court that domestic violence has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence, in the location of that parent's choice.


3A.05.060 Child custody and visitation proceedings--factors in determining custody and visitation.

(a) In addition to other factors that a court must consider in a proceeding where custody or visitation of a child is in dispute, and the court has made a finding of domestic violence, the court shall also consider:

(1) That the safety and well-being of the child and of the parent who is the victim of domestic violence is the primary concern.

(2) The perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury or assault to any other person.

(b) If a parent is absent or relocates because of an act of domestic violence by the other parent, the absence or relocation shall not be a factor that weighs against the parent in determining custody or visitation.


3A.05.070 Conditions of visitation in cases involving domestic violence.

(a) A court may award visitation by a parent who committed domestic violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic violence can be made.

(b) In a visitation order, adequate provision for the safety of the child and the parent who is a victim of domestic violence may include but is not limited to an order that:

(1) Exchange of a child is to occur in a protected setting.

(2) Visitation is to be supervised by another person or agency.

(3) The perpetrator of domestic violence is to attend and complete, to the satisfaction of the court, and as a condition of the visitation, a program of counseling for perpetrators of domestic violence, or some other designated counseling.

(4) The perpetrator of domestic violence is to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four (24) hours preceding the visitation.

(5) The perpetrator of domestic violence is to pay a fee to defray the costs of supervised visitation.

(6) Overnight visitation is prohibited.

(7) The perpetrator of domestic violence is to post bond for the return and safety of the child.

(8) The perpetrator of domestic violence is to comply with any other condition that is deemed necessary to provide for the safety of the child, the victim of domestic violence, or any other family or household member.

(c) Whether or not visitation is allowed, the court may order the address of the child and the victim to be kept confidential.

(d) The court may refer, but shall not order, an adult who is a victim of domestic violence to attend counseling related to the victim's status or behavior as a victim, either individually or with the perpetrator of domestic violence as a condition of receiving custody of a child, or as a condition of visitation.

(e) If a court allows a family or household member to supervise visitation, the court shall furnish clear guidelines to those persons related to their responsibility and authority during supervision, so they are better able to protect the child should the perpetrator engage in violent or intimidating conduct toward the child or adult victim in the course of visitation.


Chapter 3A.06 Health, Social and Advocate Services Response and Duties


3A.06.010 Notice of rights of victims and remedies and services available--required information to be provided by Coushatta Tribal Health
Center.

(a) The Coushatta Tribal Health Center shall make available to its staff, and to all its patients, a written notice of the rights of victims and of the remedies and services available to victims of domestic violence, as they are set forth in Section 3A.02.010 (b).

(b) Any health care practitioner, who becomes aware that a patient is a victim of domestic violence, shall provide the patient with the notice in Section 5A.02.010 (b).

(c) Written notice provided by the Coushatta Tribal Health Center, its staff or any health care practitioner, for general distribution to the public shall not include the addresses of shelters, unless the location is public knowledge.


3A.06.020 Coushatta Tribal Health Center required to provide certain information to parents--purpose.

(a) The purpose of this Section, as a first step in the process of providing essential safeguards and services for families, is to avert the trauma of domestic violence and child abuse in families, by informing parents, particularly of new or young families, about domestic violence, and the community and health care systems which are available for support and assistance.

(b) The Coushatta Tribal Health Center shall provide information concerning domestic violence to parents of both newborn infants and hospitalized minors. The information must include but is not limited to the effect of domestic violence on children, and available services for the prevention and treatment of domestic violence.


3A.06.030 Child abuse investigatory services response and duties.

(a) Any person or entity performing child abuse investigatory services within the jurisdiction of the Coushatta Tribe of Louisiana shall follow written procedures for screening each referral for abuse or neglect of a child to assess whether abuse or neglect of another family or household member is also occurring. The assessment shall include but is not limited to:

(1) Inquiry concerning incidents of violence in the criminal record of the parents, and the alleged abusive or neglectful person, and the alleged perpetrator of domestic violence, if such person is not a parent of the child.

(2) Inquiry concerning the existence of orders for protection issued to either parent.

(b) If it is determined in an investigation of abuse or neglect of a child that:

(1) The child or another family or household member has been or is a victim of domestic violence, or is threatened by acts of domestic violence, and it reasonably appears to the person conducting the investigation that the child or another family or household member is in danger of domestic violence and that removal of one of the parties is necessary to prevent the abuse or neglect of the child, the responsible person or entity, shall seek the removal of the alleged perpetrator.

(2) A parent of the child is a victim of domestic violence, services must be offered to the victimized parent and the provision of such services must not be contingent upon a finding that either parent is at fault or has failed to protect the child.


3A.06.040 Liability of Health, Social, and Advocate Services Staff.

Health, Social and Advocate Services staff shall not be held liable in any civil action for any action or omission in good faith under this Code arising from alleged domestic violence or a crime involving domestic violence brought by any party.


Chapter 3A.07 Enforcement of Foreign Orders


3A.07.010 Purpose.

The purpose of this Chapter is to insure compliance with the Full Faith and Credit provision of the Violence Against Women Act of 1994 (V.A.W.A.) as set forth in Title 18 of the United States Code, section 2265 (18 U.S.C. 2265), as now or hereafter amended, and to insure the safety of victims of domestic violence and crimes involving domestic violence, who are located within the jurisdiction of the Coushatta Tribe of Louisiana, by giving effect to Orders of Protection which fall within the scope of that Act.


3A.07.020 Full faith and credit for foreign orders of protection--definition--review by Tribal Court--exceptions.

(a) For purposes of this chapter, an order of protection means any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts (other than support or child custody orders), however obtained, so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.

(b) Any order of protection, except as noted in (c) below, issued by a court of any Indian tribe or State of the United States, the District of Columbia, a commonwealth, territory or possession of the United States, shall be accorded full faith and credit by the Tribal Court of the Lummi Nation, and shall be enforced as if it were an order of the Tribal Court, if both:

(1) The issuing court had jurisdiction over the parties and the matter at the time the order was issued.

(2) The issuing court gave reasonable notice and an opportunity to be heard to the person the order is issued against, sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard were given within a reasonable time after the order is issued.

(c) A foreign order of protection entered against both a plaintiff and a respondent shall not be enforceable against the plaintiff unless both:

(1) The defendant filed a cross or counter petition, complaint or other written pleading seeking such a protection order.

(2) The issuing court made specific findings of domestic violence or a crime involving domestic violence against both the plaintiff and defendant and determined that each party was entitled to such an order.


3A.07.030 Filing foreign orders of protection--presumption of validity--procedures.

(a) A plaintiff who obtains a valid order of protection from another Indian tribe or State of the United States, the District of Columbia, a commonwealth, territory or possession of the United States may file that order by presenting a certified copy of the foreign order of protection to a clerk of the Coushatta Tribal Court.

(b) There shall be a presumption in favor of validity where a foreign order of protection appears authentic on its face.

(c) Filing of a foreign order of protection shall be without fee or cost.

(d) Upon receipt of a foreign order of protection, the tribal court clerk shall:

(1) Forward a copy of the foreign order of protection to an officer of the Coushatta Tribal Police Department.

(2) Provide the plaintiff with a document bearing proof of filing with the court.

Inform the plaintiff of the process for Tribal Court review of a foreign order of protection, and take steps to expedite review when the plaintiff perceives a risk of further harm.


3A.07.040 Tribal Court may recognize additional foreign orders.

Nothing in this Chapter shall prevent the Coushatta Tribal Court from entering into agreements, or establishing procedures by which orders of protection from jurisdictions not referred to in this Chapter may be filed with the Tribal Court and be entitled to full faith and credit.

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