Chapter
17. Civil Rights Act; Limited Waiver Sovereign Immunity
Legislative History.
This new
chapter to the Fort McDermitt Law & Order Code was enacted by the
Tribal Council on September 13, 1988.
Sec. 1. Limited Waiver Doctrine of Sovereign Immunity.
The governing
body of the Fort McDermitt Paiute-Shoshone Tribe hereby waives, in limited
fashion, the doctrine of sovereign immunity, empowering the judges of
the Fort McDermitt Tribal Court to utilize its civil contempt powers
against any tribal employees or officials, including members of the
Tribal Council, who violate this Civil Rights Act. The limited waiver
of the doctrine of sovereign immunity shall not be interpreted as granting
the Tribal Court with power to entertain cases and controversies for
money judgments or other cases or controversies which attempt to do
more than guarantee the Fort McDermitt Tribe, its employees and officials,
provide equal protection of the law and procedural due process guarantees
set forth in this chapter and elsewhere in tribal law.
Sec. 2. Civil Rights Act.
The Fort
McDermitt Tribe, its employees and officials, including the Tribal Council,
shall not:
(a) make
or enforce any law prohibiting the free exercise of religion, or abridging
the freedom of speech, or of the press, or the rights of the people
peaceably to assemble and to petition for a redress of grievances;
(b) violate
the right of the people to be secure in their persons, houses, papers,
and effects against unreasonable search and seizures, nor issue warrants
but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched and the person or thing to be
seized;
(c) subject
any person for the same offense to be twice put in jeopardy;
(d) compel
any person in any criminal case to be a witness against himself;
(e) take
any private property for public use without just compensation;
(f)
deny to any person in a criminal proceeding the right to a speedy
and public trial, to be informed of the nature and cause of the accusation,
to be confronted with the witnesses against him, and to have compulsory
process for obtaining witnesses in his favor;
(g)
deny, at tribal expense, when judicial services contract monies are
available, the assistance of a tribal court advocate for his defense
if he cannot afford one otherwise, during periods when judicial services
contract monies are not available, no person shall be denied the right
at his own expense the assistance of counsel for his defense;
(h)
require excessive bail, impose excessive fines, inflict cruel and
unusual punishments, and in no event impose for conviction of any
offense any penalty or punishment greater than imprisonment for a
term of one year or a fine of $5,000 or both;
(i)
deny to any person within its jurisdiction the equal protection of
its laws or deprive any person of liberty or property without due
process of law;
(j)
deny to any person accused of an offense punishable by imprisonment
the right, upon request, to a trial by jury of not less than six persons.
Sec. 3. Violating Civil Rights; Penalties.
Any person who shall violate any person's civil rights, as enumerated
in section 2 of this chapter, shall be deemed guilty of an offense and
upon conviction shall be fined and ordered removed from elected, hired
or appointed office by the Tribal Court and shall not be eligible to
again hold office as provided for in the Constitution or, if an appointed
or hired position is held, for a period of two years. The maximum fine
that may be assessed for a violation of this offense is $1,000.
Sec. 4. Definitions.
(a)
"Constitution", as used in this chapter, means the Constitution
and By-Laws of the Fort McDermitt Paiute-Shoshone Tribe.
(a)
"Violate", as used used in this chapter, means any attempt of actual
act in furtherance of breaching one of the enumerated provisions in
section 2 of this chapter or the actual act of breaching one of the
enumerated provisions.
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