Ordinance No. 103-A
Amendment #5
AMENDMENT TO ORDINANCE OF THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH
AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION
WHEREAS, the Tribal Council, as primary governing body of the Flathead
Nation, having found it in the best interests of the Tribes to have
fair, understandable, and enforceable laws in a form readily accessible
to the public, enacted the CSKT Laws Codified by passing Tribal Ordinance
103-A on December 9, 1999; and
WHEREAS,
it has been brought to the attention of the Tribal Council that in order
to be as accurate, clear, and consistent as possible, the newly codified
laws enacted December 9, 1999, require certain technical amendments;
and
WHEREAS,
the Tribal Council recognizes the dynamic nature of the law and the
importance of continuing to update and codify Tribal law;
THEREFORE,
the Tribal Council hereby amends Tribal Ordinance 103-A to reflect needed
typographical and technical corrections, by revising the following sections
of the CSKT Laws Codified:
1-2-202. Appointment, staggered terms, and advertisement. . . .
REINSERTION
OF SUBSECTIONS (5), (6), & (7) INTO THE CODE. THESE SUBSECTIONS
WERE INADVERTENTLY DELETED IN ORDINANCE NO. 103-A, AMENDMENT #2. NEW
SUBSECTION (8) TO PROVIDE FOR PRO TEMPORE APPOINTMENTS.
1-2-302. Appointment and duties of Clerk of Court.
PROVISION
FOR RECORDING PROCEEDINGS IN TRAFFIC AND SMALL CLAIMS
1-2-501. Attorneys.
REVISION
TO MAKE READMISSION DEADLINE JANUARY 1, TO REVISE REQUIREMENTS FOR
ADMISSION OF ATTORNEYS, & TO PROVIDE FOR ATTORNEY DISCIPLINE
1-2-506.
Pro Se and Tribal Member Representation.
REVISION
TO PROVIDE FOR PRO SE REPRESENTATION OF BUSINESS ENTITIES
1-2-605. Jurors' compensation and reimbursement.
REVISION
TO LIMIT PAID COMPENSATION TO JURORS AND ALTERNATES
1-2-611. Privileged confidentiality in certain relations.
CORRECTION
OF THE TENSE OF THE WORD "ACQUIRE" IN (11) ABOVE
Title I, Chapter 2, Part 7, Rule 3. Trial Scheduling.
REVISION
TO PROVIDE PROCEDURE AND FORMS FOR TRIAL SCHEDULING
Rule 5. Computation of Time.
INSERTION
OF LANGUAGE TO EXCLUDE DURATION OF CRIMINAL SENTENCES FROM THE GENERAL
RULE
Rule 9. Service of Process in Civil Actions.
REVISION
OF NUMBER OF DAYS ALLOWED FOR VARIOUS FILINGS AND INSERTION OF LANGUAGE
RESTRICTING THE USE OF SERVICE BY PUBLICATION.
Rule 10. Pleading in Civil Actions.
REVISION
OF NUMBER OF DAYS ALLOWED FOR VARIOUS FILINGS.
Rule 14. Motions.
REVISION
OF NUMBER OF DAYS ALLOWED FOR VARIOUS FILINGS AND PROVISION FOR SPECIFIC
MOTIONS.
Rule 19. Findings of Fact and Conclusions of Law
NEW RULE
PROVIDING FOR FILING OF PROPOSED FINDINGS AND CONCLUSIONS BEFORE BENCH
TRIAL.
Rule 19. 20. Orders, Judgments or Decrees.
RENUMBERING
OF SECTION AND PROVISION FOR FILING WITH FINDINGS AND CONCLUSIONS.
Rule 21. Exceptions Unnecessary.
RULE
ADDED TO PROVIDE FOR PRESERVATION OF ISSUES FOR APPEAL
2-1-113. Temporary orders of protection.
EXPANSION
OF THE SCOPE OF TPOs TO INCLUDE ANY ALLEGED VICTIM OF ONE OF THE ENUMERATED
TRIBAL OFFENSES
2-1-113.114.
Definitions.
SECTION
RENUMBERED TO MAKE ROOM FOR INSERTION OF NEW SECTION ON TPOs
2-1-511. Elderly Abuse Abuse of an elderly or vulnerable person.
REVISION
TO INCLUDE ANY VULNERABLE PERSON AS A VICTIM OF OFFENSE
2-1-701. Domestic abuse.
SUBSECTIONS
2 - 6 MOVED TO NEW SECTION 2-1-113 AND REVISED TO EXPAND SCOPE OF
TPOs
2-2-911. Determination of fitness to proceed -- effect of finding of
unfitness -- expenses.
REFERENCE
TO ORDINANCE CORRECTED TO APPROPRIATE CODE SECTION
2-2-913.
Commitment upon finding of not guilty by reason of mental disorder --
hearing to determine release or discharge.
REFERENCE
TO ORDINANCE CORRECTED TO APPROPRIATE CODE SECTION
2-2-1205.
Restitution.
REVISION
TO CORRECT NUMBER
2-2-1209. Failure to pay a fine or restitution
REVISION
TO REMOVE RESTITUTION FROM CONSIDERATION IN THIS SECTION
Title II, Chapter 2, Part 13 Traffic Court Procedure
NEW PART
TO PROVIDE TRAFFIC COURT PROCEDURE
3-1-103. Divorce or separation..
CORRECTION
TO REFERENCE
3-1-104. Procedure.
CORRECTION
TO REFERENCE
3-1-108. Dependent and neglected children.
CORRECTION
TO REFERENCE
3-1-109. Termination of parental rights.
CORRECTION
TO REFERENCE
3-1-111. Probate, descent and distribution.
CORRECTION
TO REFERENCE
3-2-106. Confidentiality.
REVISION
INCLUDES THE FIRST SENTENCE OF SECTION 3-2-107.
3-2-107. Disposition of Records.
UNNECESSARY
SECTION
3-2-302. Reports and Action on Reporting.
CORRECTION
TO REFERENCE
3-2-311. Initial Hearing.
CORRECTION
TO REFERENCE
3-2-313. Final Disposition Hearing.
CORRECTION
TO REFERENCE
3-2-402. Methods of Termination.
CORRECTION
TO REFERENCE
3-2-405. Suspension of Parental Rights.
CORRECTION
TO REFERENCE
3-2-406. Adoptions.
CORRECTION
TO REFERENCE
3-2-407. Confidentiality of Records and Proceedings.
CORRECTION
TO REFERENCE
3-2-408. Informal Adoptions.
CORRECTION
TO REFERENCE
3-2-506. Proceedings upon transfer.
CORRECTION
TO REFERENCE
3-4-102. Purpose.
CORRECTION
TO REFERENCE
3-4-103. Definitions.
REVISED
TO CAREFULLY DEFINE REQUIRED CREDENTIALS FOR A "PROFESSIONAL
PERSON"
3-4-201. Voluntary Admission.
CORRECTION
TO REFERENCE
3-4-202. Standards for Detention for Emergency Situation.
EXPAND
TIME TO ALLOW THOROUGH EXAMINATION & FILINGS
3-4-203. Detention to be in Least Restrictive Environment.
CORRECTION
TO REFERENCE
3-4-204. Procedural Rights.
REVISED
TO CONFORM WITH ELIMINATION OF JURY TRIAL AND WAIVER OF COUNSEL
3-4-209. Request for Jury Trial.
ELIMINATE
JURY TRIAL FOR MENTAL HEALTH HEARINGS TO PROMOTE CONFIDENTIALITY
3-4-216. Confidentiality of Records.
REVISED
TO SPECIFY CONFIDENTIALITY REQUIREMENTS
3-5-101. Purpose.
CORRECTION
TO REFERENCE
3-5-103. Civil nature of Code Chapter.
CORRECTION
TO REFERENCE
3-5-104. Procedural rights.
CORRECTION
TO REFERENCE
3-5-107. Designated tribal authority's investigative action on reports.
CORRECTION
TO REFERENCE
3-5-111. Procedures for determining incapacity.
CORRECTION
TO REFERENCE
4-1-104. Laws applicable in civil actions.
REVISION
TO CLARIFY INTERNAL REFERENCE.
4-1-401 Immunity from suit.
CODIFIED
PURSUANT TO ORDINANCE NO. 103-A, AMENDMENT #4
4-1-402 Limited waivers of immunity.
CODIFIED
PURSUANT TO ORDINANCE NO. 103-A, AMENDMENT #4
4-2-204. Limitation on tort recovery from Tribes and Tribally owned
corporations.
CODIFIED
PURSUANT TO ORDINANCE NO. 103-A, AMENDMENT #4
4-2-603. Consent to repossession.
REVISION
FOR CLARITY AND (c) ADDED.
4-2-605. Action for repossession commenced by filing complaint.
EDITED
FOR CLARITY
4-3-105. Default.
RESTORATION
OF ACCIDENTALLY DELETED WORD FOUND IN ORDINANCE NO. 97, AMENDMENT
# 1.
4-3-110. Docketing of judgment--period of lien.
PROVISION
ADDED REGARDING PERIOD OF LIEN AND RENEWAL OF LIEN AFTER 10 YEARS
AND EXEMPTING CERTAIN JUDGMENTS AND RESTITUTION.
4-3-204. Filing and status of state court judgments and the judgments
of other tribal courts.
REVISION
PROVIDING THE REFERENCED LANGUAGE FROM 4-3-104(1).
4-3-301. Time limit for issuing execution.
REVISION
OF TIME LIMIT & PROVISION FOR CHILD SUPPORT
4-3-302. Renewal after 6 10 years.
PROVISION
ADDED REGARDING PERIOD OF LIEN AND RENEWAL OF LIEN.
4-3-307. Duty of secured party.
REVISION
TO CLARIFY AND PROVIDE PROCEDURAL DETAILS
4-3-308. Contents of writ.
PROVISION
ADDED FOR NOTICE OF RIGHT TO JUDGMENT DEBTOR
4-3-311. To whom execution issued.
CLARIFICATION
OF AUTHORITY.
4-3-312. How writ executed.
INSTRUCTIONS
FOR TRIBAL RECORDS MANAGER WHERE THERE ARE COMPETING WRITS.
4-3-316. Property subject to execution -- limitations and exemptions.
REVISION
TO ALLOW VOLUNTARY ASSIGNMENT OF PER CAPITA AND TO PRIORITIZE ORDERS
FOR EXECUTION AND LEVY
4-3-317. Property exempt from execution.
PROVISION
ADDED TO CLARIFY APPLICATION OF TRIBAL AND FEDERAL LAW ON GARNISHMENT
Title IV, Chapter 4, Small Claims Procedures
Minor
changes in wording throughout to clarify procedure, to raise the damages
limit and provide for appeal to the Tribal Appellate Court, and to
provide forms to the pro se litigants.
Effective
date of this enactment shall be July 15, 2003.
CERTIFICATION
The foregoing
Amendment to Ordinance 103-A was duly enacted by the Tribal Council
on the 15th day of April, 2003, with a vote of 7
for, 0 opposed, and 1
not voting, pursuant to the authority vested in the Tribal Council by
Article VI, Section 1(a), (l), (n), (p), (q), (r), and (u) of the Tribes'
Constitution adopted and approved under Section 16 of the Act of June
18, 1934 (48 Stat. 984), as amended.
SIGNED:
___________________________________________
D. Fred Matt , Chairman, Tribal Council
ATTEST:
______________________________________________
Joseph Dupuis, Executive Secretary
APPROVED:
__________________________________________
Superintendent of the Flathead Reservation
______________________________________
Secretary of the Interior
CSKT Laws Codified January
1, 2000 (Rev. 4-15-03)
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