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Crow Tribe of Montana - Tribal Code

Dated: 2005

The tribe has not given permission for the full-text document to be made available online at this website. The links below will take you to the code at the tribe's website. Please contact the library for assistance.

Table of Contents

TITLE 1: GENERAL PROVISIONS
Chapter 1. Codification
Chapter 2. Procedure for Joint Action Resolutions

TITLE 2: PROBATE
Preamble
Chapter 1. Establishment of Crow Tribal Probate Code
Chapter 2. Wills
Chapter 3. Intestate Succession; Intestate Estate
Chapter 4. Definition of Guardians

TITLE 3: ESTABLISHMENT OF THE CROW TRIBAL COURTS AND TRIBAL JURISDICTION
Chapter 1. General Provisions
Chapter 2. Jurisdiction of the Tribal Courts
Chapter 3. Composition of the Courts
Chapter 4. Tribal Attorney General
Chapter 5. Tribal Defender
Chapter 6. Tribal Clerk
Chapter 7. Admission to Practice Before the Court
Chapter 8. Election of Tribal Court Judges

TITLE 4: RESERVED

TITLE 5: RULES OF CIVIL PROCEDURE
Rule 1. Scope of the Rules.
Rule 2. Commencement of a Civil Action
Rule 3. Form of the Civil Complaint
Rule 4. Service of Process
Rule 5. Service of Other Pleadings and Motions
Rule 5A. Methods of Service and Proof
Rule 6. Answer by the Defendant
Rule 7. Pre-trial Motions
Rule 8. Incidental Demands
Rule 9. Amended and Supplementary Pleadings
Rule 10. Pre-trial Conference
Rule 11. Evidence and Discovery
Rule 12.  Jury Trial List
Rule 13. Assignment of Cases for Trial
Rule 14. Trial Procedures
Rule 15. Findings by the Court
Rule 16. Judgment and Costs
Rule 17. Default Judgments
Rule 18. Stay of Proceedings to Enforce Judgment
Rule 19. Special Judgments
Rule 20. Execution of Judgments
Rule 21. Attachment
Rule 22. Injunction
Rule 23. Extraordinary Remedies
Rule 24. Eviction
Rule 25. Parties
Rule 26. Small Claims Procedure
Rule 27. Limitations
Rule 28. Computation of Time

TITLE 6: RESERVED

TITLE 7: RULES OF APPELLATE PROCEDURE IN THE CROW COURT OF APPEALS
Rule 1. Scope of the Rules
Rule 2. When an Appeal May be Taken
Rule 3. Appeal of Right-How Taken
Rule 4. Appeal of Temporary Restraining Order and Preliminary Injunction
Rule 5. Discretionary Appeal-How Taken
Rule 6. Release Pending Appeal of a Criminal Conviction
Rule 7. Record
Rule 8. Transmission of the Record
Rule 9. Filing and Service of Document of Appeal
Rule 10. Briefs, Memoranda, and Statements
Rule 11. Amicus Curiae
Rule 12. Oral Argument
Rule 13. Decision
Rule 14. Frivolous Appeals
Rule 15. Costs
Rule 16. Issuance of Mandate

TITLE 8A: CRIMINAL PROCEDURE
Chapter 1. General Provisions
Chapter 2. Search and Seizure
Chapter 3. Commencing Prosecution
Chapter 4. Arrest
Chapter 5. Arraignment and Release
Chapter 6. Pre-trial Procedures
Chapter 7. Trial
Chapter 8. Sentencing
Chapter 9. Appeals

TITLE 8B: CRIMINAL OFFENSES
Chapter 1.
Short Title
General purposes and principles of construction
Application to offenses committed before and after enactment
Other limitations on applicability
Jurisdiction of the Crow Tribal Court
General time limitations
Periods excluded from limitations
Penalties

Chapter 2.
General Definitions
Voluntary act
General requirements of criminal act and mental state
Substitutes for negligence and knowledge
Causal relationship between conduct and result
Responsibility—intoxicated condition
Consent as a defense
Compulsion
Entrapment
Accountability for conduct of another
When accountability exists
Separate conviction of person accountable

Chapter 3.
Justifiable Use of Force

Chapter 4.
Inchoate Offenses

Chapter 5.
Offenses to the Person: Homicide
Assault and related offenses
Kidnapping
Robbery
Sexual crimes
Offenses against the family

Chapter 6.
Offenses Against Property
Criminal mischief and arson
Criminal trespass and burglary
Theft and related offenses

Chapter 7.
Offenses Against the Tribal Administration: Bribery and corrupt influence
Perjury and other falsification in official matters
Obstructing tribal government operations

Chapter 8.
Offenses Against Public Order: Conduct disruptive of public order
Offensive, indecent and inhumane conduct
Weapons
Gang membership crimes

Chapter 9.
Dangerous Drugs: Offenses involving dangerous drugs

Chapter 10.
Drug Paraphernalia

TITLE 8C: CRIMINAL TRAFFIC OFFENSES
Jurisdiction
Definitions
Reckless Driving
Persons Under the Influence of Alcohol or Drugs
Chemical Blood, Breath, or Urine Test
Right of Appeal to Court
Evidence Admissible
Administration of Tests
Penalty

TITLE 8D: SEX OFFENDER REGISTRATION
Chapter 1. Purpose
Chapter 2. Mandatory Registration
Chapter 3. Information to be Maintained in the Sex Offender Registry
Chapter 4. Registration Process
Chapter 5. Length of Registration
Chapter 6. Updating Registry Information
Chapter 8. Verification and Monitoring Program
Chapter 9. Sanctions for Non-Compliance and Providing False Information
Chapter 10. Removal from Registry

TITLE 8E: DOMESTIC VIOLENCE
Chapter 1.
General Provisions
Purpose
Intent
Liberal Construction
Definitions

Chapter 2.
Jurisdiction
Proceedings
Court orders

Chapter 3.
Criminal Offenses: Domestic violence
Interfering with the reporting of domestic violence

Chapter 4.
Criminal Proceedings: mandatory court appearance
In-custody hearing (timing, probable cause, release considerations, release conditions)
No-contact order
Criminal complaint
Disposition of criminal case
Sentence
Stay pending appeal
Emergency no-contact order

Chapter 5.
Petition for an Order for Protection: civil action
Who may file
Venue
Contents of petition
Appointment of guardian ad litem
Fees, costs, bonds
Temporary order for protection
Service on respondent and scheduling of hearing
Failure to appear
Hearing
Renewal of order for protection
Termination or modification of order for protection
Violation of order for protection
Realignment of parties
Mutual order for protection
Counseling or treatment for petitioner
Denial of relief

Chapter 6.
Rules of Evidence: confidential communication between spouses
Testimonial privilege of spouses
Victim/advocate privilege
Evidence concerning domestic violence

Chapter 7.
Duties of Court: availability of judge
Contents of orders
Full faith and credit
Distribution of orders

Chapter 8.
Duties of CPD: response to report of domestic violence
Arrest for domestic violence under CLOC 8E.1.04(g)(1)-(3)
Arrest for domestic violence under CLOC 8E.1.04(e)(4)
Service and registry of orders
Notice of escape or early release

Chapter 9.
Duties of Prosecutor: communication with victim
Disposition of criminal case

Chapter 10.
Immunity: CPD
Persons and departments
Tribe

Chapter 11.
Conflicts of Interest: ethics
Familial relationships

TITLE 8F: Added by CLB 09-09 [Not available online]

TITLE 9: JUVENILES
Part 1. General Provisions and Defintions
Part 2. Foster Care and Shelter Care
Part 3. Youth in Need of Care
Part 4. Suspension or Termination of Parental Rights
Part 5. Adoptions
Part 6. Referrals Under the Indian Child Welfare Act
Part 7. Youth Court: Purposes, Definitions, and Jurisdiction
Part 8. Transfer to Adult Tribal Court or State District Youth Court
Part 9. Youth Court Procedure
Part 10. Youth Court Authority
Part 11. Rights of Youth
Part 12. Procedure for Taking a Youth Offender Into Custody
Part 13. Youth Offender Detention Hearing
Part 14. Initiation of Proceedings
Part 15. Youth Offender Consent Decree
Part 16. Youth Offender Proceedings
Part 17. Youth Offender Predisposition Studies: Reports and Examinations
Part 18. Youth Offender Disposition Proceedings
Part 19. Review, Modification, Revocation, Extension and Termination of Dispositional Orders
Part 20. Youth Records
Part 21. Youth Appeals

TITLE 10: DOMESTIC RELATIONS
Part 1. General Provisions and Definitions

TITLE 11: RESERVED

TITLE 12: FISH AND GAME
Chapter 1. Policy
Chapter 2. Definitions
Chapter 3. Conservation
Chapter 4. Non-member Licensing
Chapter 5. Means of taking
Chapter 6. Big Game
Chapter 7. Migratory, Migratory Waterfowl and Upland Game Birds
Chapter 8. Fur Bearers
Chapter 9. Fishing
Chapter 10. Recreation Regulation
Chapter 11. Enforcement
Chapter 12. Crow Fish and Game Commission
Chapter 13. Outfitter Licensing
Chapter 14. Relative Duties of Guides and Outfitters

TITLE 13: TAXATION
Chapter 1. Tobacco Products

TITLE 14: CIVIL REGULATION OF VEHICULAR TRAFFIC
Chapter 1. General Provisions
Chapter 2. Vehicle Operation Requirements
Chapter 3. Enforcement

TITLE 15: COMMERCIAL AND CONSUMER TRANSACTIONS
Chapter 1. Finance Protection and Procedures Act
Definitions
Proceedings in foreclosure
Injunction to prevent injury to property
Sale of property notice
Conduct of sale
Title to property
Redemption
Surplus and deficiency
Foreclosure of individual trust land
Approval of mortgages and deeds of trust

Chapter 2. Crow Tribe Uniform Commercial Code

Preamble
Article 1: General Provisions

Part 1: Short Title, Construction, Application and Subject Matter of the Act
Part 2: Definitions and Principles of Interpretation

Article 9: Secured Transactions; Sales of Accounts and Chattel Paper

Part 1: Short Title and Applicability
Part 2: Validity of Security and Rights of Parties
Part 3: Perfection of Security Interests
Part 4: Rights of Third Parties
Part 5: Filing
Part 6: Default
Part 7: Judicial Procedure

TITLE 16: ADMINISTRATIVE PROCEDURES [REPEALED]
PART 1. Short Title, Authority
Section 1: Short title
Section 2. Authority

PART 2: Findings and Policy
Section 3. Findings
Section 4. Declaration of Policy

PART 3. General Provisions
Section 5: Definitions
Section 6: Information and Privacy

PART 4. Rulemaking
Section 7: Roles of Agencies of Crow Legislative Branch
Section 8: Notice and Publication
Section 9: Requisites for Validity
Section 10: Petition for Adoption, Amendment, or Repeal of a Rule
Section 11: Filing and Dissemination
Section 12: Legislative Review of a Rule Recommended by an Affected Agency

TITLE 17: RESERVED

TITLE 18: RESERVED

TITLE 19: RESERVED

TITLE 20: UTILITIES
Chapter 1: Termination of Electric Service

Definitions
Grounds for Termination of Service
Prohibited Grounds for Refusal or Termination of Service
Statement of Termination Policy
Notice Prior to and at the Time of Termination
Contents of Written Notice
Grounds for Termination of Service Without Written Notice
Customer’s Right to Dispute a Termination Notice
Termination Notice for Nonpayment – When Prohibited
Termination of Service During Winter Months
Medical Emergencies
Time of Termination
Method of Termination
Third Party Notification
Payment Arrangements
Identification of Landlord Customers
Notice Board to Terminations Affecting Tenants
Exemptions
Board Authorized to Adopt Rules
Remedies

TITLE 21: ELECTIONS

ARTICLE I: General Provisions
Section 1. Authority
Section 2. Purpose
Section 3. Severability
Section 4. Definitions

ARTICLE II: Voter Qualification and Identification
Section 1. Eligibility
Section 2. Voter Registration for District Legislative Elections
Section 3. Election Day Procedures
Section 4. Penalty for Casting More than One Ballot

ARTICLE III: Candidate Qualifications and Nomination
Section 1. Qualifications of Executive Candidates
Section 2. Qualifications of Legislative Candidates
Section 3. Nomination of Candidates
Section 4. Election Write In Candidates

ARTICLE IV:    General Council Committee Mid Commission Elections (Reserved)

ARTICLE V: District Election Judges
Section 1. Composition
Section 2. Timing of Selection
Section 3. Authority and Responsibility
Section 4. Conflict of Interest
Section 5. Compensation of Election Judges
Section 6. Training

ARTICLE VI: Election Commission
Section 1. Composition
Section 2. Duties, Authorities, and Responsibilities
Section 3. Compensation of Election Commission

ARTICLE VII: Primary Elections
Section 1. Timing
Section 2. Primary Election Ballots
Section 3. Primary Election Results
Section 4. Special Election Primary
Section 5. Death, Resignation, or Disqualification of Candidate

ARTICLE VIII: Conduct of Elections
Section 1. General Election Dates and Terms
Section 2. Voting Districts
Section 3. Polling Places
Section 4. Electioneering
Section 5. Ballots
Section 6. Notification and Publication
Section 7. Voting by Persons with Disabilities or Language Barriers
Section 8. Counting Ballots for Legislative Elections
Section 9. Preparation of Consolidated Return for Legislative Elections
Section 10. Counting Ballots and Preparation for Return of Executive Elections
Section 11. Watchers
Section 12. Spoiled Ballots
Section 13. Recounts
Section 14. Tie votes
Section 15. Certification of Election Results
Section 16. Oath of Office
Section 17. Absentee Voting (reserved)
Section 18. Electronic Voting (reserved)

ARITCLE IX: Contesting Election Results
Section 1. Procedures to Contest
Section 2. Grounds for Contest
Section 3. Election Commission Procedures
Section 4. Tribal Court Review
Section 5. Destruction of Election Ballots
Section 6. Status of Incumbents During Contested Election

ARTICLE X: Special Elections
Section 1. Special Election Procedures
Section 2. General Petition Requirements
Section 3. Initiative Elections
Section 4. Referendum Elections
Section 5. Recall Elections
Section 6. Removal Elections
Section 7. Elections to Amend to Crow Constitution
Section 8. Vacancies of Elected Offices
Section 9. Invalidation of Election

ARTICLE XI: Campaign Expenses and Contributions
Section 1. (Reserved)
Section 2. (Reserved)
Section 3. (Reserved)
Section 4. Contributions by Corporations and Nonmembers of Crow Tribe
Section 5. Use of Tribal Resources for Campaign

ARTICLE XII: Other and Prior Election Ordinances

ARTICLE XIII: Amendments

TITLE 22: WATER AND WASTE WATER
Article1. Declaration of Need
Article 2. Purposes
Article 3. Definitions
Article 4. Board of Directors
Article 5. Powers
Article 6. Obligations
Article 7. Miscellaneous
Article 8. Cooperation in Connection With Projects
Article 9. Approval by the Secretary of Interior or His or Her Designee

TITLE 23: CROW GAMING ORDINANCE
Section 1. Title
Section 2. Findings
Section 3. Purpose

General Provisions:
Section 4. Definitions
Section 5. Gaming Authorized and Regulated
Section 6. Use of Revenues from Class II and Class III
Gaming Activities
Section 7. Gaming Facilities
Section 8. Minors, Employees Prohibited
Section 9. Prizes: Assignment and Forfeiture

Administration:
Section 10. Gaming Commission
Section 11. Licensing
Section 12. License Fees: Application Fees and Continuing Yearly Fees 10
Section 13. License Validity: Effective Period and Place
Section 14. License: Qualifications and Requirement
Section 15. License Suspension and Revocation

Class II Gaming:
Section 16. Definitions
Section 17. Persons Authorized to Conduct Class II Gaming
Section 18. Ownership of Class II Gaming Activity
Section 19.Management Contracts
Section 20.Games Permitted
Section 21.Bingo Game Cards
Section 22.Player Limitation
Section 23.Entry Prohibited
Section 24.Hours of Operation; Notices to Commission

Class III Gaming:
Section 25. Exclusive ownership by Tribe
Section 26. Authorized Operation
Section 27. Management Contracts
Section 28. Games Permitted
Section 29. Compliance with Compact
Section 30. Regulation and Inspection
Section 31. Hours of Operation Records and Audits
Section 32. Records Maintenance
Section 33. Independent Audits

Violations:
Section 34. Crimes; Penalties
Section 35. Civil Penalties.
Section 36. Enforcement Validity of Ordinance
Section 37. Severability
Section 38. Effective Date of Ordinance

TITLE 24: ENVIRONMENTAL POLICY
Chapter 1. Crow Tribal Landfarm Act
Chapter 2. Crow Environmental Policy Act
-General Provisions
-Environmental impact Statements
-Environmental Quality Council

TITLE 25: RESERVED

TITLE 26: RESERVED

TITLE 27: RESERVED

TITLE 28: RESERVED

TITLE 29: RESERVED

TITLE 30: RESERVED

APPENDIX A: 1948 CONSTITUTION AND BYLAWS AND AMENDMENTS
Preamble
Article I
Article II (Resolution No. 62-11)
Article III
Article IV
Article V
Article VI (The Powers, Duties, and Functions of the Council)
Article VII (Status and Functions of the Council) (Resolution No. 62-11)
Article VIII (Resolution No. 62-11)
Article IX (Resolution No. 67-18)
By-laws and Amendments

APPENDIX B: TREATIES AND CONGRESSIONAL ACTS
Treaty with the Crow Tribe, 1825
Treaty of Fort Laramie with Sioux, Etc., 1851
Treaty with the Crows, 1868
Agreement with the River Crow Tribe of Indians, 1868
Act of April 11, 1882
Agreement to Sell Crow Lands: Act of 1891
Agreement of 1904 for Cession of Surplus Lands
Crow Act of 1920
Agreement of 1937 (Hardin Cession)
Crow Boundary Settlement Act of 1994

APPENDIX C: MONTANA V. UNITED STATES

APPENDIX D: MAJOR CANONS OF THE MODEL RULES OF JUDICIAL CONDUCT ADOPTED BY THE AMERICAN BAR ASSOCIATION
Canon 1: A judge shall uphold the integrity and independence of the judiciary
Canon 2: A judge shall avoid impropriety and the appearance of imporporiety in all of hte judge's activities
Canon 3: A judge shall perform the duties of judicial office impartially and dilligently
Canon 4: A judge shall so conduct the judge's extra-judicial activities as to minimize the risk of conflict with judicial obligations

APPENDIX E: OTHER CONSTITUTIONS, ORGANIC ACTS, ENABLING ACTS
Constitution of the United States
Constitution of the State of Montana
Montana Territorial Act
Montana Enabling Act

APPENDIX F: SELECTED MODERN CONGRESSIONAL ACTS
Indian civil Rights Act of 1968
Indian Child Welfare Act

 

UNCODIFIED STATUTORY LAW
Enrollment Ordinance
Housing Ordinance

 

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

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