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Mille
Lacs Band Statutes Annotated
Amendments
received through: August 29, 2003
TITLE
24 - JUDICIAL PROCEEDINGS
| Chapter |
Section
|
| 1.
Civil Causes of Action |
1
|
| 2.
Criminal Causes of Action |
1001
|
| 3.
Procedure |
2001
|
CHAPTER
1
CIVIL
CAUSES OF ACTION
| Subchapter |
Section
|
| I.
General Provisions |
1
|
| II.
Contracts |
1001
|
| III.
Actions for Harmful Conduct |
2001
|
Historical
and Statutory Notes
The
Preamble of Band Statute 1144-MLC-5 provides:
"WHEREAS,
it is necessary to develop a written code for adjudication of wrongs
of a civil nature that occur on lands subject to the jurisdiction of
the Non-Removeable Mille Lacs Band of Chippewa Indians, and
"WHEREAS,
a democratic form of government such as is enacted and operational for
the benefit of the Non-Removeable Mille Lacs Band of Chippewa Indians
requires that laws be implemented to establish equal standards for the
conduct of all persons subject to the civil jurisdiction of the Band
in the interest of justice, and
"WHEREAS,
equal justice is the primary ingredient of any democracy, and
"WHEREAS,
it is the desire of the Band Assembly to retain the customs and traditions
of the Non-Removeable Mille Lacs Band of Chippewa Indians which, since
time immemorial had been unwritten codes to be passed orally from generation
to generation,
"NOW
THEREFORE, Be it enacted by the Band Assembly."
Cross
References
Civil
actions not merged into criminal offenses, see 24 MLBSA
§1003.
SUBCHAPTER
1
GENERAL
PROVISIONS
Section
1. Purpose
2. Exclusive original jurisdiction.
3. Concurrent jurisdiction.
4. Application of Uniform Commercial Code of State of Minnesota.
5. Truth in Lending Act.
6. Consumer Protection Laws of State of Minnesota.
§ 1. Purpose
The
purpose of this chapter is:
(a) To
promote the general welfare, preserve and maintain justice, and to
accord equal rights, equal protection and equal opportunity for all
persons under the civil jurisdiction of the Non-Removeable Mille Lacs
Band of Chippewa Indians by enacting a written law to establish standards
for civil causes of action.
(b) To
exercise inherent powers of government essential to the attributes
of sovereignty by regulating the civil affairs of persons who enter
or reside on lands subject to the jurisdiction of the Non-Removeable
Mille Lacs Band of Chippewa Indians and to provide a forum for the
redress of civil grievances and disputes between persons located on
said lands.
(c) To
provide a written code of civil law of the Non-Removable Mille Lacs
Band of Chippewa Indians which may be invoked in the courts of any
jurisdiction exterior to the Band, by any Band member who may be subject
to the civil jurisdiction, of the State of Minnesota pursuant to the
provisions of 28 USC 1360.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §1.
§ 2. Exclusive Original Jurisdiction
(a) The Court of Central Jurisdiction is hereby conferred exclusive
original jurisdiction over all civil causes of action, involving any
person, where said grievance or dispute arises concerning any property,
personal or otherwise, located on lands subject to the jurisdiction
of the Non-Removable Mille Lacs Band of Chippewa Indians.
(b) The
Court of Central Jurisdiction shall have exclusive original jurisdiction
over all civil matters in which the Non-Removable Mille Lacs Band
of Chippewa Indians, any of its political subdivisions or entities,
or its officers, appointees or employees are parties in their official
capacity. Nothing herein shall be construed as a waiver of sovereign
immunity of the Band unless specifically authorized in accordance
with Band law or by specific Band statute.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §2.
Cross
References
Subject
matter jurisdiction, Court of Central jurisdiction, see 5
MLBSA §111.
§ 3. Concurrent jurisdiction
The
jurisdiction invoked by this chapter over any person, cause of action
or subject shall be concurrent with any valid jurisdiction over the
same of the Courts of the United States; provided, however, this chapter
does not recognize, grant or cede jurisdiction to any other political
or governmental entity.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §3.
Cross
References
Personal
jurisdiction, see 5 MLBSA §113.
Subject matter jurisdiction, see 5
MLBSA §111.
§ 4. Application of Uniform Commercial Code of
State of Minnesota
Pursuant
to the provisions of 18 MLBSA §301,
the provisions of Minnesota Statutes Chapter 336, the Uniform Commercial
Code, shall apply to any applicable civil causes of action which arise
pursuant thereto.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §17.
Cross
References
Acceptance
and counteroffer, see 24 MLBSA §107.
§ 5. Truth in Lending Act
The
provisions of the laws of the United States of America relative to
truth in lending as set forth in 15 USC 1601, et seq. shall apply
to all persons who are creditors and lessors as defined by the act.
The justices of the Court of Central Jurisdiction shall be bound thereby
to the provisions of said act.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §18.
Cross
References
Banks
and banking, see 17 MLBSA §1 et seq.
Creditors' remedies, see 24 MLBSA §3301 et
seq.
Commercial practices, see 18 MLBSA §1
et seq.
§ 6 Consumer Protection Laws of State of Minnesota
The
Consumer Protection Laws of the State of Minnesota shall apply as
the Consumer Protection Laws of the Non-Removable Mille Lacs Band
of Chippewa Indians. The justices of the Court of Central Jurisdiction
shall be bound thereby to enforce the provisions of said Consumer
Protection Laws.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I, §19.
SUBCHAPTER
II
CONTRACTS
Section
101. Definition of contract.
102. Legal requirements.
103. Offer.
104. Interpretation.
105. Time for performance.
106. Persons capable of contracting.
107. Essential elements of consent.
108. Withdrawal of offer.
109. Object of contract.
110. Consideration.
111. Formation of contracts: expressed or implied.
112. Oral or written contracts: Statue of Frauds.
113. Public auctions.
114. Parolee Evidence Rule.
115. Explanation or supplementation of terms.
116. Unlawful contract provisions.
117. Defenses to judicial enforcement of contracts.
118. Rights and obligations of non-parties.
119. Breach of contract.
120. Remedies of breach of contract.
§ 101. Definition of contract.
A
contract is an agreement, upon sufficient consideration, to do or
not to do a particular thing. It may be oral or written, provided
however that oral contracts as described in 24 MLBSA
§112 are not enforceable.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §4.
§ 102. Legal requirements
The
legal requirements necessary in forming a contract are:
(a)
Two or more parties, all of whom are legally capable of making a contract.
(b) An offer by one party to do or refrain from doing a certain thing.
(c) Acceptance of the offer by words or actions of the other party.
(d) Consideration, or benefit, to one party in payment for the promise
or actions of the other.
Historical
and Statutory Notes
Source: Band Statute 1144-MLC-5, T.I., §4.01.
§ 103. Offer
(a)
An offer is a proposal by one party to another party, showing a present
intention to contract and giving the other party the right to accept
to that the contract may be created.
(b) To qualify as an offer, the words or acts shall meet the following
basic requirements:
(1)
The offer must indicated a present serious intention to contract.
(2) The essential terms of the offer must be definite and certain.
(3) The offer must be communicated to an identified party.
(c)
The four essential terms identified in paragraph (2) of subsection
(b) are parties, subject matter, time for performance and price.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §§4.01.01 to 4.01.03.
§ 104. Interpretation
A
contract is to be interpreted according to the law and usage of
the place where it is to be performed or, if it does not indicate
a place or performance, according to the law and usage of the place
where it is made, unless otherwise stated in the contract.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §4.02.
§ 105. Time for performance
If
no time is specified for the performance of an act, a reasonable
time is allowed. If the act is capable of being done instantly,
such as payment of money, it must be performed immediately when
due and ascertained.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §4.03.
§ 106. Persons capable of contracting
(a)
All persons are capable of contracting except minors under the age
of sixteen and persons of unsound mind. Minors have only such capacity
as shall be specified in the Band Statutes relating directly to
them.
(b) The contract of a minor if made while he is under the age of
sixteen may be disaffirmed by the minor himself either before his
majority or within one year's time afterwards.
(c) A minor cannot disaffirm a contract otherwise valid to pay the
reasonable value of things necessary for his support or that of
his family entered into by him when not under the care of a parent
or guardian able to provide for him or them.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §5.
Cross
References
Children
and families, see 8 MLBSA §1
et seq.
§ 107. Essential elements of consent.
(a)
Consent of the parties to a contract must be free, mutual and communicated
by each to the other.
(b) Consent which is not free is not void but voidable and may be
rescinded in the manner prescribed by the statutes on revision (24
MLBSA §117). An apparent consent is not real or free and
is voidable when obtained through duress, fraud, undue influence
or mistake.
(c) An offer to make a contract shall be construed as inviting acceptance
in any manner and by any medium reasonable in the circumstances
unless the offer clearly and expressly indicates, by its language
or circumstances involved, that a specific method of acceptance
is required.
(d) Consent is deemed to be fully communicated between the parties
as soon as the party accepting the offer has put his acceptance
in the course of transmission to the party making the offer in conformity
with subsection (c).
(e) A definite expression of acceptance or a written confirmation
which is sent within a reasonable time operates as an acceptance
even though it states terms additional to or different from those
offered or agreed upon, unless acceptance is expressly made conditional
on assent to the additional or different terms. Any acceptance that
materially changes the offer is a counteroffer that must be accepted
by the original offeree to form a contract, except for sales contracts
that are subject to interpretation under the Uniform Commercial
Code of the State of Minnesota.
(f) A voluntary acceptance of the benefit of a transaction is equivalent
to consent to all the obligations arising from it so far as the
facts are known, or ought to be known, to the party accepting.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §6.
Cross
References
Applicability
of Uniform Commercial Code, see 18 MLBSA
§301; 24 MLBSA §4.
§ 108. Withdrawal of offer
(a)
An offer may be withdrawn at any time before its acceptance is communicated
to the party making the offer, but not afterwards with the exception
of option contracts or in the case of detrimental reliance.
(1)
When an offeree gives something of value in exchange for a promise
by the offeror not to revoke an outstanding contract, this shall
be called an option contract. The option shall be treated as a
contract in which the offeror bargains away his or her right to
revoke the offer. If the option agreement does not specify a time
limit, the court shall require the offeror to hold the contract
open to the offeree's acceptance for a reasonable period of time.
(2) When the offeree relies upon an outstanding offer and as a
result, suffers harm or loss this shall constitute detrimental
reliance. Detrimental reliance by the offeree on an outstanding
offer, where the reliance was reasonable and foreseeable by the
offeror, shall make the offer irrevocable for a reasonable period
of time.
(b)
An offer is withdrawn by the communication of notice of withdrawal
by the party making the offer to the other party, and received
by him, in the manner prescribed for communication of consent
and acceptance, before his acceptance has been communicated to
the former; or, by the lapse of time prescribed in such offer
for its acceptance, or if no time is so prescribed, the lapse
of a reasonable time without communication of acceptance; or beginning
of performance if the reasonable method of acceptance; or, by
the failure of the acceptor to fulfill a condition precedent to
acceptance; or by the death or insanity of the offeror before
acceptance of the offer; or by the supervening illegality of the
proposed contract.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §§6.05, 6.06.
§ 109. Object of contract
(a)
The object of a contract is the thing which the party receiving
the consideration agrees to do or not to do.
(b) The object of a contract must be lawful when the contract is
made and possible and capable of being determined by the time the
contract is to be performed.
(c) Where a contract has only a single object and such object is
unlawful in whole or in part, or wholly impossible of performance,
or so vaguely expressed as not to be wholly ascertainable, the entire
contract is void.
(d) Where a contract has several distinct objects, one or more of
which are lawful and one or more of which are unlawful in whole
or in part, the contract is void as to the unlawful objects and
valid as to the rest, if performance of the contract is possible
after the exclusion of the unlawful part or parts.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §7.
§ 110. Consideration
(a)
Consideration is the price bargained for and paid for a promise.
It may consist of an act, a forbearance, or a return promise.
(b) The test of a sufficient consideration is whether the act, forbearance,
or return promise results in a benefit to the promisor or a detriment
to the promisee.
(c) Consideration must be of some legal value. If there is no detriment
or benefit, then the agreement is not enforceable. However, the
amount of value is irrelevant. The court will uphold and enforce
an agreement where there is consideration and will not impose its
view as to whether the consideration was adequate or fair.
(d) No preexisting duty imposed by law or contract shall be consideration
on a subsequent contract.
(e) The following shall be substituted for consideration.
(1)
A promise to perform a legal duty created in the past transaction
and owing to the promisee is enforceable without new consideration.
(2) If the promisee reasonably relied on promisor's promise to
his detriment or forbearance, the contract will be enforced.
(f)
A written instrument is presumptive evidence of a consideration.
(g) The burden of proof of showing a want of consideration sufficient
to support an instrument lies with the party seeking to invalidate
or avoid it.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §§4.04, 8.
§ 111. Formation of contracts: expressed or implied
A
contract is either expressed or implied. An expressed contract is
one the terms of which are stated in words. An implied contract
is one the existence and terms of which are manifested by conduct
of the parties.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §9.
§ 112. Oral or written contracts: Statute
of Frauds
(a)
All contracts may be oral except such as are specially required
by statute to be in writing.
(b) The following contracts shall not be enforceable by action unless
the same or some memorandum thereof be in writing and subscribed
by the party to be charged or his agent, thereunto authorized by
law.
(1)
An agreement that by its terms is not to be performed within a
year from the making thereof.
(2) An agreement made upon consideration of marriage, other than
a mutual promise to marry.
(3) An agreement for the sale of real estate or an interest therein
or lease of the same for a period longer than a year, but this
does not abridge the power of the Court of Central Jurisdiction
to compel specific performance of any agreement for the sale of
real estate in case of part performance thereof.
(4) A contract of sale or to sell any personal property of the
value of $500 or upward unless the buyer shall actually receive
and accept part of the personal property sold or contracted, or
give something in earnest or part payment to bind the bargain.
These provisions apply to every sale or contract for sale of personal
property.
(c)
Where a contract which is required to be in writing is prevented
from being put into writing by the fraud or deceit of a party thereto,
any other party who is prejudiced by such fraud may enforce it against
the fraudulent party.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §§9.01, 10.
§ 113. Public auctions
Where
a sale is made by public auction of any real or personal property,
an entry by the auctioneer or clerk of sale, in his sale book at
the time of the kind of property sold and description thereof sufficient
for identification, the terms of sale, the price, and the name or
names of the purchaser or person on whose account the sale is made
is sufficient for memorandum to satisfy the requirements found in
24 MLBSA §115.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §10.02.
§ 114. Parolee Evidence Rule
(a)
In order to simplify the judicial interpretation of contracts by
having a single, clear source of proof concerning the terms of the
contract, the Parole Evidence Rule as set forth in subsection (b)
shall be exercised in the Court of Central Jurisdiction.
(b) The Parole Evidence Rule: Where the parties to a contract express
their agreement in writing with the intent that it contain the complete
and final expression of their bargain, any other expressions, whether
written or oral made prior to or concurrent with the writing are
inadmissible to change the terms of the writing.
(c) The parole Evidence Rule shall only apply when there is a writing
that is intended to be the complete and final expression of the
bargain. In the event that the writing is not intended to be the
complete and final expression of the contract, then other expressions
whether oral or written are admissible even if they vary or contradict
the terms of the writing.
(d) The parole Evidence Rule shall only apply to evidence of agreements
which change the final written expression. Evidence concerning oral
or written agreements shall be admissible to aid in interpreting
rather than changing the terms of the bargain. The party seeking
to admit the evidence, however, must first produce evidence that
the writing is ambiguous.
(e) The parole Evidence Rule shall not apply to situations in which
the agreement itself is being challenged. Evidence concerning other
oral or written expressions shall be admissible to show that no
contract existed or that the entire agreement is unenforceable.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §13.
§ 115. Explanation or supplementation of
terms
Terms
which are set forth in writing, intended by the parties as a final
expression of their agreement with respect to such terms as are
included therein, may not be contradicted by evidence of any prior
agreement or of a contemporaneous oral agreement but may be explained
or supplemented:
(a)
By evidence of prior course of dealing between the parties; and
(b) By evidence of terms as they are defined by the common usage
particular to the subject of the contract; or
(c) By evidence of consistent additional terms unless the court
finds the writing to have been intended also as a complete and exclusive
statement of the terms of the agreement.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §10.03.
§ 116. Unlawful contract provisions
(a)
All contracts which have for their object, directly or indirectly,
to exempt anyone from responsibility for his own fraud or willful
injury to the person or property of another or from violation of
law whether willful or negligent, are against the public policy
of the Non-Removable Mille Lacs Band of Chippewa Indians and shall
be void.
(b) Every contract in which the amount of damage or compensation
for the breach of an obligation is determined in anticipation thereof
is void to that extent, except the parties may agree therein upon
an amount presumed to be the damage for breach in cases where it
would be impractical or extremely difficult to fix the actual damages.
(c) Every provision in a contract restricting a party from enforcing
his rights under it by usual legal proceedings in the Court of Central
Jurisdiction or limiting his time to do so, is void.
(d) Every contract restraining exercise of a lawful profession,
trade or business is void to the extent, except:
(1)
One who sells the goodwill of a business may agree with the buyer
to refrain from carrying on a similar business within a specified
reservation or part thereof, so long as the buyer or person deriving
title to the goodwill from him carries on a like business therein;
(2) Partners may, upon or in anticipation of a dissolution of
the partnership, agree that none of them will carry on a similar
business within the same reservation, or part thereof, where the
partnership business has been transacted;
(3) An employee may agree with an employer at the time of employment
or at any time during such employment not to engage directly or
indirectly in the same business or profession as that of his employer
for any period not exceeding five years from the date of such
agreement or within the boundaries of the same reservation.
(e)
Usury is the exaction of interest or service charges or deferred
payment on a sale of goods on a loan of money which interest or
service charge is higher than the rate established by the laws of
the State of Minnesota for similar transactions. Such a usurious
contract is illegal and void.
(f) The law of the Non-Removeable Mille Lacs Band of Chippewa Indians
will aid neither party to an illegal contract. If it is executory,
neither party may enforce it. If executed, the Court of Central
Jurisdiction shall not permit revision and recovery of what was
given in performance.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §11.
§ 117. Defenses to judicial enforcement of
contracts
The
following defenses to judicial enforcement of contracts shall be
recognized in the Court of Central Jurisdiction:
(a)
The lack of legal capacity to contract shall be an available defense
to judicial enforcement of contracts. Nothing herein shall relieve
minors of their right to affirm the provisions of a contract when
they come of age or in the case of mentally incompetent persons
when they become competent. Persons who lack legal capacity in
matters where they affirm said contract shall be bound by the
provisions of said contract even if they were unaware of the fact
that the contract was previously voidable. In all cases, minors
and persons who are mentally incompetent shall be liable for the
reasonable value of any necessities for sustaining life that may
be conferred on them pursuant to the provisions of their contracts.
(b) Failure to comply with the Statute of Frauds (24
MLBSA §112) shall be an available defense to judicial
enforcement of contracts. The Statute of Frauds shall be liberally
construed so as to limit the substantial loss of property or money
simply because a person failed to put an otherwise valid agreement
into writing.
(c) The illegality of the contract shall be an available defense
to judicial enforcement of contracts. Contracts in which either
the subject matter of the contract or the purpose of the contract
is illegal are void an unenforceable in regard to the illegal
portion of the contract only.
(d) Fraud or duress shall be an available defense to judicial
enforcement of contracts. Where a party signs a contract or gives
oral assent based upon a false impression of the contract terms
created by the other party, the contract shall be voidable by
the innocent party. Where the consent of one party is obtained
by force or threat of force against the party or members of the
party's family, the contractual obligations of the victim are
voidable. This shall be termed duress.
(e)(1) Unconscionability of a contract shall be a defense to judicial
enforcement of contracts. The unconscionability of contract doctrine
shall work to protect against one-sided bargains, called contracts
of adhesion, in which one party with little or no bargaining power
is subjected to oppressive terms by the other party. The Court
of Central Jurisdiction shall consider the relative bargaining
strength of the parties, economic justification for the terms,
and injury to the party or to the public policy of the Non-Removable
Mille Lacs Band of Chippewa Indians if the terms of the contract
are enforced.
(2)
It shall be the duty of the Court of Central Jurisdiction to
prevent oppression and/or surprise upon one party to the contract
by refusing to enforce contract provisions containing warranty
disclaimers, waivers of Statute of Limitations or of all defenses,
disclaimers of liability or other unreasonable terms or requirements.
Obscure or technical language in the contract which the party
is obviously unable to comprehend shall also be justification
for refusal to enforce the provisions of said contract.
(3) If the court finds a contract or any part of a contract
to be unconscionable, the court may refuse to enforce the contract
at all, or refuse to enforce the unconscionable terms or limit
the enforcement of the terms in order to avoid the oppressive
result.
(f)
Mistake or ambiguity in the provisions of a contract shall be a
defense to judicial enforcement of contracts. The standard rules
of contract law regarding mistake or ambiguity shall be utilized
in the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §12.
§ 118. Rights and obligations of nonparties
(a)
The rights and obligations of nonparties to any contract shall be
recognized in the Court of Central Jurisdiction. A non-party shall
be any person who was neither the offerer nor the offeree at the
time that a contract was formed. The Court of Central Jurisdiction
shall recognize three types of nonparties: the intended third-party
beneficiary, the assignee of rights, and the delegate of duties.
(b) The legal status of intended third-party beneficiaries shall
arise at the formation stage of the original contract. The legal
status of assignees and delegates, shall arise subsequent to the
formation stage, when either or both of the original parties seeks
to transfer rights or assignments and/or to delegate duties to a
third party.
(c) A contract made expressly for the benefit of a third parson
may be enforced by him at any time before the parties rescind such
contract.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §§5.03, 14.
§ 119. Breach of contract
(a)
The contract law of the Non-Removable Mille Lacs Bands of Chippewa
Indians requires that the parties to a contract perform all of their
promises pursuant to the provisions of said contract. When one party
does not perform a promise pursuant to the terms of the contract,
the other party shall have a breach of contract cause of action
in the Court of Central Jurisdiction. However, not every breach
of a promise made in a contract by one party shall automatically
entitle the other party to judicial enforcement of the provisions
of said contract. The breach may be justifiable as provided hereafter.
(b) The Court of Central Jurisdiction shall recognize the following
as excuses or defenses for the breach of a contract, sand said excuses
shall not be exclusive.
(1)
Impossibility of performance of the provisions of a contract.
(2) Supervening illegality.
(3) The other contracting parties prior breach of the provisions
of a contract.
(4) The waiver of non-performance of the provisions of a contract
by the other contracting party.
(5) A later change of the agreement by the parties.
(c)
A breach of contract cause of action shall exist in the Court of
Central Jurisdiction when a party refuses to perform, fails to perform,
or defectively performs a contractual obligation which is due and
which has not been excused or discharged.
(d) In the event the breach of contract is substantial or material,
the contract obligations of the non-breaching party may be discharged
and the non-breaching party may no longer have to perform his or
her contractual obligations.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §15.
§ 120. Remedies for breach of contract
The
following remedies for breach of contract shall be available to
any party in a breach of contract matter:
(a)
The Court of Central Jurisdiction may award monetary damages as
a remedy aimed at making good the losses of the non-breaching party.
Only damages which are consequential, foreseeable, unavoidable and
certain shall be recoverable.
(b)(1) The Court of Central Jurisdiction may award specific performance
as a remedy in which the breaching party is
ordered to perform the contract according to its exact terms. In
the event the party willfully disobeys a specific performance order
of the court, he/she may be fined or may be subject to contempt
of court sanctions pursuant to the laws of the Non-Removable Mille
Lacs Band of Chippewa Indians.
(2)
The Court of Central Jurisdiction shall award specific performance
when other forms of relief or remedy authorized by law are deemed
to be inadequate to compensate for any losses of the non-breaching
party.
(c)
The Court of Central Jurisdiction may award restitution to any non-breaching
party to a contract. Restitution shall be awarded to prevent unjust
enrichment by the breaching party and shall be measured by the gain
of the breaching party as opposed to the non-breaching parties loss.
Restitution recovery may be both monetary and tangible or intangible.
Restitution may also be in a form so as to restore the parties to
a previous position by revision or cancellation of the contract
or where a contract is reformed to reflect a more accurate statement
of the parties agreement.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.I., §16.
Cross
References
Damages,
see 24 MLBSA §651 et seq.
SUBCHAPTER
III
ACTIONS
FOR HARMFUL CONDUCT
| Part |
Section
|
| A.
General Provisions |
201
|
| B.
Intentional Harms |
251
|
| C.
Nuisance |
301
|
| D.
Defamation |
351
|
| E.
Fraud and Deceit |
401
|
| F.
Invasion of Privacy |
451
|
| G.
Negligence |
501
|
| H.
Wrongful Death |
551
|
| I.
Cultural Actions |
601
|
| J.
Damages |
651
|
| K.
Suits Against Band Officials |
701
|
Part
A
General
Provisions
Section
201. Rights and obligations of all persons
202. Responsibility for willful and negligent acts.
203. Right to peaceful possession of property.
§ 201. Rights and obligations of all persons
Every
person who invades the interest of another, as provided in this
chapter, shall be liable to the injured person in accordance with
the provisions of this chapter.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II. §1.
§ 202. Responsibility for willful and negligent acts
Every
person is responsible for injury to the person, property, or rights
of another caused by his willful acts or caused by his want of ordinary
care or skill.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §2.
§ 203. Right to peaceful possession of property
Every
person is entitled to peaceful possession of his or her own personal
property and violation of that interest in peaceful possession is
actionable as provided in this chapter.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §3.
Cross
References
Deprivation
of property without due process of law, see 1
MLBSA §8.
Intentional interference with personal property, see 24
MLBSA §255.
Recovery of possession of personal property, see 21
MLBSA §501 et seq.
Replevin, see 24 MLBSA §3501 et seq.
Unreasonable searches and seizures, see 1
MLBSA §2.
Part
B
Intentional
Harms
Section
251. Assault and battery.
252. Infliction of mental distress.
253. False imprisonment.
254. Trespass to land.
255. Intentional interference with personal property.
§ 251. Assault and battery
(a)
A cause of action may be brought for assault or assault and battery.
An assault is any willful and unlawful attempt or offer with force
or violence, to hurt the person of another. It is any act of such
a nature as to create an apprehension of battery. Words alone are
not enough to constitute an assault. The apprehension must be one
which would normally be aroused in the mind of a reasonable person.
Battery is any willful and unlawful use of force or violence upon
the person of another. Person includes any part of the body or anything
so closely attached thereto that it is customarily regarded as a
part thereof.
(b)
Assault or battery is justifiable in the follow cases:
(1)
When necessarily committed by a police officer in the performance
of any legal duty or by any other person assisting him or acting
by his direction;
(2) When necessarily committed by any person in arresting one
who has committed any felony, and delivering him to a public officer
competent to receive him in custody;
(3) When committed either by the party about to be injured, or
by any other person in his aid or defense; in preventing or attempting
to prevent an offense against his person or any trespass or other
unlawful interference with real or personal property in his lawful
possession; provided the force or violence used is not more than
sufficient to prevent such offense;
(4) When committed by a parent or the authorized agent of any
parent, or by any guardian or teacher in the exercise of a lawful
authority to restrain or correct the child, ward, or student,
provided restraint or correction has been rendered necessary by
the child's refusal to obey the lawful command of such person,
and the force or violence used is reasonable in manner and moderate
in degree;
(5) When committed by any person to prevent any insane person,
or other person of unsound mind, including persons temporarily
or partially deprived of reason, from committing an act dangerous
to himself or to another, or enforcing such restraint as is necessary
for the protection of his person or for his restoration to health,
during such period only as shall be necessary to obtain legal
authority for the restraint or custody of his person.
(c)(1)
The damages recoverable for assault are those for the plaintiff's
mental or physical injury, or both. The establishment of the cause
of action, without proof of harm, entitles the plaintiff to recover
at least nominal damages.
(2)
Proof of contact with the plaintiff's person entitles him to recover
at least nominal damages. The establishment of this cause of action
entitles him also to compensation for the mental disturbance inflicted
upon him as well as for any physical harm that may arise.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§4, 39, 40.
Cross
References
Children
and families, see 11 MLBSA §1
et seq.
Criminal assault and battery, see 24 MLBSA §1101,
1102.
§ 252. Infliction of mental distress
A
cause of action shall exist for the infliction of mental distress.
Infliction of mental distress is an act which goes beyond the limits
of accepted conduct in the community. The actor must intend that
the person injured will suffer mental distress of a very serious
kind. The mental distress must in fact exist and result from the
act.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §5.
§ 253. False imprisonment
(a)
False imprisonment occurs when a person's freedom of movement has
been intentionally and unlawfully restrained.
(b) A person is not liable for false imprisonment of another in
the following circumstances:
(1)
When making a lawful arrest;
(2) When exercising judicial authority or carrying out the order
of a court.
(3) When temporarily detaining a person where there is probable
cause to believe such person is attempting to remove unpurchased
goods or merchandise without intention of paying the purchase
price.
(c)
A false imprisonment establishes a cause of action for at least
nominal damages. The plaintiff may also recover any other damages
that he can show where proximately caused by false imprisonment.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§6, 41.
Cross
References
False
arrest or unlawful restraint, criminal offenses, see 24
MLBSA §1108.
§ 254. Trespass to land
(a)
A person is subject to liability to another for trespass, irrespective
of whether he thereby causes harm, if he intentionally and unlawfully:
(1)
Enters land or any house or structure on the land in the rightful
possession of the other or causes a thing or third person to do
so;
(2) Remains on such property; or
(3) Fails to remove from such property a thing which he is under
a duty to remove.
(b)
Extent of liability: A trespasser under this section is liable for
any physical harm to the possessor of the property, or to the land,
or to any personal property located thereon, or to any persons who
are lawfully on the premises or their personal property, caused
by any act or activity of the trespasser.
(c)(1) Where a person is entitled to a judgment for harm to land
resulting from an unlawful invasion and not amounting to a total
destruction in value, and damages, at the plaintiff's election,
include compensation for:
(A)
The difference between the value of the land before the harm
and the value after the harm or the cost of restoration which
has been or reasonably may be incurred, or if a separable portion
of the land has been damaged, the loss in its value, and
(B) The loss of use of the land; and
(C) Discomfort and annoyance, in an action brought by the occupant.
(2)
The damages for past and prospective invasions of land include
all detriment to the land past, present or future caused by such
trespass.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§7, 42.
Cross
References
Criminal
trespass, see 24 MLBSA §1151.
§ 255. Intentional interference with personal
property
(a)
Personal property includes any kind of property not amounting to
an interest in real estate. Leases shall be considered as personal
property for the purposes of this section.
(b) A trespass to a personal property may be committed by intentionally
and unlawfully:
(1)
Dispossessing another of the personal property; or
(2) Using or interfering with the use of personal property in
the possession of another, where:
(A)
the personal property is impaired as to its condition, quality
or value; or
(B) the possessor is deprived of the use of the personal property
for a substantial time; or
(C) bodily harm is caused to the possessor, or harm is caused
to some person or thing in which the possessor has a legally
protected interest.
(3)
Disposing of personal property entrusted to the person.
(4) Mis-delivering personal property.
(5) Refusing to surrender personal property to the person entitled
thereto.
(c)
One who interferes with personal property in any of the ways described
in subsection (b) shall be subject to liability for the damages
caused. Damages may be measured by the fair market value of the
item if it is no longer available to the rightful possessor or cannot
be restored to his use in the condition in which it was taken; or
the fair rental value of the item if such value is ascertainable
and any damages caused by reason of the unavailability of the personal
property to the owner. Damages shall be in such form and amount
as is deemed just by the court.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§8 to 10.
Cross
References
Malicious
mischief, criminal offenses, see 24 MLBSA §1160.
Right to peaceful possession of property, see 24
MLBSA §203.
Part
C
Nuisance
Ordinance
30-03
An Ordinance providing for the safety and health of the Mille Lacs
Band of Ojibwe Indians on Band lands through the amendment of the
Public Nuisance Ordinance.
The
District I Representative introduced the following Bill on the 11th
day of June, 2003.
Title 24 MLBSA
PUBLIC NUISANCE ORDINANCE
Part C
This
Public Nuisance Ordinance represents the law pertaining to nuisance
on Band Lands. Prior Title 24 MLBSA Part C (Nuisance) §§
301-304 and 24 MLBSA Subchapter VI, § 1254 are repealed and
replaced in their entirety by this Ordinance (number 30-03).
PREAMBLE:
The Mille Lacs Band of Ojibwe Indians believes every person
has the right to live a quiet and peaceful life. The Band recognizes
certain conditions and behaviors are nuisances, which threaten the
health, safety and well-being of other persons.
§ 301. Purpose.
This
Ordinance is created to minimize the impact of undesirable conditions
and behaviors on Band Lands and to preserve the peace and tranquility
of communities on Band Lands.
§ 302. Nuisance Defined.
A nuisance
is any substance, matter, emission, sound or thing, which is found
upon, is found in, or is being discharged or is flowing from, any
street, highway, railroad right-of-way, vehicle, body of water,
excavation, building, lot, grounds or other property on Band Lands,
and which creates a dangerous or unhealthy condition on, or which
threatens the public peace on or the health, safety or sanitary
condition of Band Lands, or which is offensive to or has a blighting
influence on a community on Band Lands. Nuisances include, but are
not limited to, the following:
(1)
Abandoned Vehicle. Any vehicle that is parked for a period
longer than thirty (30) days with either no tags or expired tags
more than thirty (30) days overdue.
(2)
Dangerous structure. A structure which is potentially hazardous
to persons or property including, but not limited to:
a. A structure which is in danger of partial or complete collapse;
or
b.
A structure with any exterior parts which are loose or in danger
of falling; or
c. A structure with any parts such as floors, porches, railings,
stairs, ramps, balconies or roofs, which are accessible and which
have collapsed, are in danger of collapsing, or are unable to
support the weight of normally imposed loads.
(3) Fire Hazards. Any thing or condition which creates a
fire hazard or which is a violation of the fire code.
(4)
Graffiti. Any letter, word, name, number, symbol, slogan,
message, drawing, picture, writing, or other mark of any kind visible
to the public that is drawn, painted, chiseled, scratched or etched
upon a rock, tree, wall, bridge, roadway, fence, gate, building
or other natural or man-made structure in violation of 24
MLBSA § 1161.
(5)
Grass and Weeds. Grass or weeds in a yard surrounding a residence
which have grown to a height of twelve (12) or more inches.
(6) Hazards. Any thing or condition on property which may
contribute to the injury of any person present on the property,
including, but not limited to, open holes, open foundations, open
wells, dangerous trees or limbs, abandoned refrigerators or trapping
devices.
(7)
Health Hazards. Any thing or condition which creates a health
hazard or which is a violation of any health or sanitation law.
(8) Insects, rodents and pest harborage. Conditions that
are conducive to the presence, harborage or breeding of insects,
rodents or other pests, provided that beekeeping and equipment and
devices used for beekeeping shall not be considered under this Ordinance.
(9)
Loud Music. Any music emitted from any car, house or music
player so as to create a disturbance to the neighbors or community
members between the hours of 10:00 p.m. and 8:00 a.m.
(10)
Refuse, noxious substances, hazardous wastes. Refuse, noxious
substances or hazardous wastes laying, pooled, accumulated, piled,
left, deposited, buried or discharged upon or in, or being discharged
or flowing from, any property, structure or vehicle, except for:
a.
Refuse deposited at places designated and provided for that purpose
and in compliance with 11 MLBSA
§ 1005 or other applicable law.
b. Refuse stored in accordance with this Ordinance and 11
MLBSA §§ 1002-1007
or other applicable law, or vehicle parts stored in an enclosed
structure.
c.
Compost piles established and maintained for gardening purposes.
(11) Uncontrolled Party. Any social gathering that creates
a disturbance so as to disrupt the peacefulness of the neighborhood
or community due to loud noises and/or fights or other obnoxious
behavior.
§
303. Other Definitions.
(1)
Attractive Nuisance means any thing or condition located on property
that could reasonably be viewed as attracting children to enter
into or onto the property, thing or condition to play, and which
pose a risk of injury or death to such children.
(2) Band Lands means lands owned by or held in trust for the Minnesota
Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or
more members of the Mille Lacs Band of Ojibwe Indians, and subject
to the jurisdiction of the Mille Lacs Band.
(3)
Enforcement Officer means any officially designated Mille Lacs Band
Housing Authority representative, Community Development representative,
Health & Human Services representative, Tribal Police Officer
or Department of Natural Resources warden or official.
§ 304. Abatement Procedure.
Except
as provided in Section 305 of this Ordinance, the following procedure
will be used to abate a nuisance:
(1)
Order. An Enforcement Officer shall serve a written
order upon the party believed to be responsible for creation of
the nuisance, if known, and upon the Owner and Tenant of the property
on which the nuisance is located (if different from the person believed
to be responsible for creation of the nuisance). The Enforcement
Officer may also serve the written order upon any other known party
to the nuisance. The order shall contain the following:
a.
A full and complete street address or a real estate description
sufficient to identify the location of the nuisance.
b.
A description of the nuisance and the remedial action required
to abate the nuisance.
c. The abatement deadline, to be determined by the Enforcement
Officer, allowing a reasonable time for the performance of any
act required.
d.
A statement that the order may be appealed and a hearing in the
Court of Central Jurisdiction obtained by filing a written request
for hearing with the Court Clerk prior to the abatement deadline
designated in the order.
e.
A statement that, if the remedial action is not taken nor a request
for a hearing filed with the Court Clerk within the time specified,
the Mille Lacs Band will abate the nuisance and charge all costs
incurred therein against the person responsible for creation of
the nuisance or the Owner or Tenant of the property on which the
nuisance is located.
(2)
Setting Hearing Date. In the event that a request for hearing
is filed, the Court Clerk shall schedule the matter for hearing.
In all instances, the Court Clerk shall set the hearing no longer
than sixty (60) days from the filing of the request for hearing.
(3)
Notice of Hearing Date. In the event a request for hearing
is filed with the Court of Central Jurisdiction, the Court Clerk
shall mail a notice of the date, time, place and subject of the
hearing to the owner, tenant and/or known responsible parties. The
Court Clerk shall also mail the notice to the District Community
Center where the nuisance is located requesting that it be posted.
The Court Clerk shall also notify the Enforcement Officer and the
Solicitor General's Office.
(4)
Hearing. If the Court ruling requires abatement, an Order
shall be issued to fix a time when the nuisance must be abated and
shall provide that, if the nuisance is not abated within the time
specified, the Mille Lacs Band may abate the nuisance and assess
the costs of the abatement to the person found responsible for the
nuisance.
(5) Abatement. If the remedial action is not taken nor an
appeal filed within the time specified, the Mille Lacs Band may
abate the nuisance.
(6)
Fines. Any person subject to the jurisdiction of the Mille
Lacs Band who creates, allows or is responsible for a nuisance within
the meaning of this Ordinance shall be guilty of a civil misdemeanor.
If, by a preponderance of the evidence, such person is found guilty
of such charge, a fine may be imposed up to a maximum amount of
$1,000.00.
§
305. Emergency Abatement Procedure.
When
an Enforcement Officer determines that a dangerous structure, an
attractive nuisance, or any other nuisance as defined in this Ordinance
exists on Band Lands and constitutes an immediate danger or hazard
which, if not immediately abated, will endanger the health or safety
of the public, and such danger cannot be removed in a timely manner
by following the procedures of Section 304 of this Ordinance, the
Mille Lacs Band may abate the nuisance by the procedure described
below:
(1)
Order. The Mille Lacs Band may order emergency abatement
by an administrative order to be signed by the Mille Lacs Band Commissioner
of Community Development, Housing Authority Executive Director,
Chief of Tribal Police, Commissioner of Health & Human Services,
Commissioner of Administration, Assistant Commissioner of Administration,
or their officially designated representative ("Responsible
Official"). The Order must describe the nuisance, identify
its location, summarize the bases on which the Enforcement Officer
determined that an emergency abatement was appropriate under this
section, and set forth the concurrence of the Responsible Official
in that determination. Upon issuance of the Order, the Band will
abate the nuisance in accordance with the Order, and an Enforcement
Officer will serve a copy of the Order upon the party believed to
be responsible for creation of the nuisance, if known, and upon
the Owner and Tenant of the property on which the nuisance is located
(if different from the person believed to be responsible for creation
of the nuisance).
(2) Notice of Abatement. Following an emergency abatement,
the Responsible Official shall file the administrative order with
the Court of Central Jurisdiction and request that a hearing be
scheduled before the Court following notice to the party believed
to be responsible for the creation of the nuisance, if known, and
to the Owner and Tenant of the property on which the nuisance is
located (if different from the person believed to be responsible
for creation of the nuisance). The notice shall attach a copy of
the administrative order and shall contain:
a.
a description of the nuisance;
c. the reasons for immediate action;
d.
the costs incurred in abating the nuisance; and
e.
the date, time and place of the hearing.
(3)
Hearing. At the time of the hearing, the Court shall hear
from the Enforcement Officer, the Responsible Official, and Commissioner
or any other person who wishes to be heard regarding their personal
knowledge of the nuisance.
(4)
Fines and Assessments. Any person subject to the jurisdiction
of the Mille Lacs Band who creates, allows or is responsible for
a nuisance abated under this section shall be guilty of a civil
misdemeanor. If, by a preponderance of the evidence, such person
is found guilty of such charge, a fine may be imposed up to a maximum
amount of $1,000.00. In addition, if the Band proves by a preponderance
of the evidence that the emergency abatement was appropriate under
this section, the Court of Central Jurisdiction may levy an assessment
for costs incurred by the Band in abating the nuisance.
§
306. Sovereign Immunity.
Nothing
in this Ordinance shall be construed as a waiver of sovereign immunity
of the Mille Lacs Band of Ojibwe Indians.
§ 307 Severability.
If
the Court of Central Jurisdiction adjudges any provision of this
Ordinance to be invalid, such judgment shall not affect any other
provision of this Ordinance not specifically included in the judgment.
Part
D
Defamation
Section
351. Defamation classified and defined.
352. Obligation to refrain from defamation.
353. Privileged communications.
354. Publication.
355. Damages.
§ 351. Defamation classified and defined
Defamation
is effected by:
(a)
Libel. Libel is a false and unprivileged publication by writing,
printing, picture, or other presentation to the eye which exposes
any person to hatred, contempt, ridicule, or exposure to abuse,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.
(b)
Slander. Slander is a false and unprivileged oral statement
other than libel, which:
(1)
Charges any person with crime, or with having been indicted, convicted,
or punished for crime;
(2) Imputes to him the present existence of an infectious, contagious
or repulsive disease;
(3) Tends directly to injure him in respect to his office, profession,
trade, or business, either by imputing to him general disqualification
in those respects which the office or other occupation peculiarly
requires or by imputing something with reference to his office,
profession, trade, or business that has a natural tendency to
lessen its profit.
(4) Imputes to him sexual misconduct.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §17.
§ 352. Obligation to refrain from defamation
Every
person is obligated to refrain from infringing upon the right of
others not to be defamed.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §16.
§ 353. Privileged communications
(a)(1)
Fairness or fair comment as used in this section means that the
statement was made, in part, at least, for the purpose of giving
the public the benefit of comment which it is entitled to have rather
than for the ulterior motive of causing harm to the plaintiff.
(2) The term malice or malicious as used in this section means
the communication was made intentionally, with evil intent and
without just cause or excuse; made for the purpose of annoying
or injuring another. Malice may be inferred from proof that
the defendant had knowledge of the falsity of the statement
and/or acted with reckless disregard of whether the statement
was true or false.
(b)
No one can be held liable for a written or oral communication
which is privileged.
(1)
Absolute privilege: Any communication made in the course of legislative
and judicial proceedings or, communications made in the discharge
of a duty by an officer of government under authority of law is
absolutely privileged and cannot be the subject of a defamation
complaint so long as the communication is within the scope of
the legislative, judicial, or executive proceedings of government.
(2) Qualified privilege: Communications made without malice and
with honest belief in the truthfulness of the statement, is privileged
in the following circumstances:
(A)
A response to a legitimate inquiry;
(B) Communications regarding family or household matters;
(C) Communications regarding school matters;
(D) Communications regarding activities in organizations and
societies;
(E) Communications between church members or members of cultural
societies regarding the organizational or administrative matters
of such societies;
(F) Statements made in an honest endeavor to protect one's reputation;
(G) Communications in aid of law enforcement;
(H) Communications to public authorities by a private person;
(I) Any petition for redress of grievance addressed to government;
(J) Any comment on a matter of public interest and concern,
so long as the comment is fair, made for a bona fide public
purpose and not malicious.
(K) Any communication dealing with political matters, public
officers and candidates for office, so long as they are fair
and not made maliciously.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §18 to 20.
§ 354. Publication
In
order to constitute actionable defamation, a communication must
be to persons other than the plaintiff.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §21
§ 355. Damages
An
award of damages for defamation shall not exceed five hundred dollars
($500).
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §22.
Part
E
Fraud
and Deceit
Section
401. Deceit.
402. What constitutes a fraudulent or deceitful act or statement.
Cross
References
Criminal
fraud, see 24 MLBSA §1154.
§ 401. Deceit
One
who willfully deceives another, with intent to induce him to change
his position to his injury or risk, is liable for any damage which
that person suffers.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §23.
§ 402. What constitutes a fraudulent or deceitful
act or statement
In
order to prove a case of fraud or deceit, the plaintiff must show
that the defendant made a statement or representation which met
the following requirements:
(a)
It was made as a statement of fact, not mere opinion;
(b) It was untrue and known to be untrue by the party making it
or else recklessly made;
(c) That it was made with the intent to deceive and for the purpose
of inducing the other party to act upon it;
(d) That the plaintiff was reasonably entitled to rely upon said
statement and did so;
(e) That he was thereby induced to act upon the statement; and;
(f) He suffered injury or damage.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §24.
Part
F
Invasion
of Privacy
Section
451. Right of privacy.
452. Liability.
453. Damages.
Cross
References
Interference
with privacy, criminal offenses, see 24 MLBSA §1106.
Opening sealed letters, criminal offenses, see 24
MLBSA §1105.
§ 451. Right of privacy
Everyone
is entitled to protection against intrusion or disclosure on their
personal and private affairs.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §25.
§ 452. Liability
Any
action which makes public private facts which would tend to damage
the plaintiff's reputation or good name, or who discloses information
contained in confidential records of the Band or any of its agencies
to persons not authorized to receive such information shall be liable
for damages to the person injured thereby.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §26.
§ 453. Damages
The
damages for invasion of privacy shall be within the discretion of
the judge pursuant to the severity of the invasion or privacy and
the limits of the Indian Civil Rights Act. (25 U.S.C.A. §1302.)
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §27.
Part
G
Negligence
Section
501. Definition.
502. Establishing negligence.
503. Standard of care.
504. Comparative fault.
§ 501. Definition
Negligence
means the failure to exercise reasonable or ordinary care, which
causes harm to persons or property.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §28.
§ 502. Establishing negligence
To
establish negligence, the plaintiff must show the following:
(a)
The defendant was under a duty to the plaintiff to use ordinary
care;
(b) The defendant breached that duty;
(c) The breach caused the plaintiff's injury; and
(d) The plaintiff sustained actual loss or damage.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §29.
§ 503. Standard of care
The
standard of care is the standard which can be expected to be followed
by a reasonable person in the same or similar circumstances.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §30.
§ 504. Comparative fault
Where
the actions of two or more persons combined to cause the plaintiff's
injury, the responsibility shall be proportioned to each in accordance
with the degree of fault that each bears. Where the plaintiff himself
or herself is partly to blame for their injury to damage, any award
of damages shall be reduced by the proportion which their fault
bears to the fault of all other parties.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §31.
Part
H
Wrongful
Death
Section
551. Wrongful death actions.
§ 551. Wrongful death actions
When
the death of a person is caused by the wrongful act, neglect or
default of another, his personal representative may bring an action
for damages against the person causing the death. Every such action
shall be for the benefit of the spouse, child or children or the
person whose death was caused. If there be no wife, husband, child
or children, the action may be maintained for the benefit of the
parents, minor sisters or brothers, provided that it is shown that
they were dependent upon the deceased person for support or sustained
some personal damages by reason of the death.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §32.
Cross
References
Survival
of actions, see 24 MLBSA §2015.
Part
I
Cultural
Actions
Section
601. Action for causing cultural harm.
602. Cultural harm.
603. Sanctions.
Cross
References
Panel
of elders, entry of decision as judgment and order, see 5
MLBSA §103.
Traditional theory of law, see 24 MLBSA §2003.
§ 601. Action for causing cultural harm
Any
person shall have a right to bring a cultural action against another
for causing cultural harm.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §34.
§ 602. Cultural harm
Cultural
harm is established by showing that the defendant has engaged in
conduct which:
(a)
Tends to harm the good health of the community by producing physical
or moral degradation;
(b) Raises fears and apprehension in the community.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §35.
§ 603. Sanction
In
the even any defendant is found to have committed a cultural offense,
he court may impose such sanctions as it deems just and consistent
with the traditions and beliefs of the Band which include but not
be limited to injunctions, both positive and negative, removal and
exclusion. It may also include orders for performance of community
service or for payment of fines.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §36.
Cross
References
Exclusion,
see 2 MLBSA §201 [Digitizer's note: Section not in digital
copy] et seq.
Part J
Damages
Section
651. Applicability.
652. Measure of damages.
653. Exemplary (punitive) damages.
Cross
References
Commercial
practices, damages against Band, see 18
MLBSA §5.
Remedies for breach of contract, see 24 MLBSA §120.
§ 651. Applicability
This
Part J shall govern damage awards for harmful conduct described
in this subchapter except where a different measure is specifically
provided.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §37.
§ 652. Measure of damages.
For
any injury to person or property, the measure of damages, except
where otherwise expressly provided by this chapter, is the amount
which will compensate for all detriment proximately caused thereby,
whether it could have been anticipated or not.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §37.01.
§ 653. Exemplary (punitive) damages
In
any action for injury to person or property, where the defendant
has been guilty of fraud, malice, actual or presumed, or by willful
and wanton misconduct, the court or jury, in addition to the actual
damage, may give damages for the sake of example and by way of punishing
the defendant, but in no event shall such damages exceed specified
limits where provided in this chapter.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §38.
Part
K
Suits
Against Band Officials
Section
701. Immunity
§ 701 Immunity
(a)
No elected official or employee of the Mille Lacs Band of Chippewa
Indians shall be subject to a lawsuit for money damages for actions
taken in the course of their official duties or in the reasonable
belief that such actions were within the scope of their official
duties; unless, in the case of a Band employee who does not hold
elected office, it is established that such action was taken with
malicious intent and in bad faith.
(b) Any employee or appointee to a position in the civil service
of the Mille Lacs Band of Chippewa Indians who shall act in a manner
consistent with their statutory authority shall be immune from any
civil cause of action in any court of competent jurisdiction. Burden
of proof shall rest upon the complainant.
Historical
and Statutory Notes
Source:
Band Statute 1096-MLC-28, §44.
Band Statute 1303-MLC-4, §9.04.
Cross
References
Chief
Executive and appointed officers, immunity, see 4
MLBSA §24.
Consolidated Nay-Ah-Shing School Board, responsibility for unacceptable
performance of duties, see 9 §13.
Domestic abuse prevention, immunity of Law Enforcement Officers,
see 8 MLBSA §415.
Duty to report abuse or neglect, immunity, see 8
MLBSA §304.
Government employees, see 6 MLBSA
§1 et seq.
Immunity for Justices and Judges, see 5
MLBSA §119.
Solicitor General, Immunity, see 4
MLBSA §21.
CHAPTER 2
CRIMINAL
CAUSES OF ACTION
| Subchapter |
Section
|
| I.
General Provisions |
1001
|
| II.
Department of Justice |
1051
|
| III.
Offenses Involving Damage to the Person |
1101
|
| IV.
Offenses Against Property |
1151
|
| V.
Offenses Against Public Administration |
1201
|
| VI.
Offenses Against Public Order, Health and Decency |
1251
|
Historical
and Statutory Notes
The
Preamble to Band Statute 1164-MLC-6 provides:
"It
is enacted, a statute for the protection of all persons under the
jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.
In order to protect the safety and general welfare of those persons
under said jurisdiction, it has become necessary to prevent the
commission of crime by impartially defining acts and commissions
of behavior which shall be contrary to the norms of a law-abiding
society and to design a system of measures under which persons who
may violate the laws of the Band can be dealt with according to
law and without prejudice or malice."
Band
Statute 1164-MLC-6, §61 provides:
"Section
61. Severability. If any provisions of this Chapter or the application
thereof to any person, business, corporation or circumstances is
held invalid, the invalidity, shall not affect other provisions
or application of the Chapter which can be given effect without
the invalid provision or application and to this end the provisions
of this Chapter are declared severable."
Cross
References
Burial
grounds protection, violations, see 10
MLBSA §1003.
Court of Central Jurisdiction, subject matter jurisdiction over causes
of action arising from this chapter, see 24 MLBSA
§4002.
Cultural actions, see 24 MLBSA §601 et seq.
Environmental protection, criminal penalties, see 11
MLBSA §14.
Executive Orders, Secretarial Orders, Commissioner's Orders, or Solicitor
General opinions, violation, see 24 MLBSA §1212.
Gasoline and petroleum products excise tax, offenses, see 22
MLBSA §309.
Historical preservation, criminal offenses, see 10
MLBSA §602.
Motor vehicles,
Fraudulent practices, see 19 MLBSA §301
et seq.
Nonregistration or improper registration,
penalties, see 19 MLBSA §104.
Registration, minors, consent of parent
or guardian, see 19 MLBSA §106.
Parking
privileges for physically handicapped persons, offenses, see 19
MLBSA §§603, 606, 607.
Prohibited drugs, see 23 MLBSA §1
et seq.
Sales and use taxes, offenses, see 22
MLBSA § 510.
Tobacco excise taxes, unlawful activity, see 22
MLBSA §216.
Traffic violations, see 19 MLBSA §401
et seq.
Trespass, see 21 MLBSA §206.
Unauthorized easements, see 21 MLBSA §205.
Watercraft violations, enforcements, see 20
MLBSA § 401 et seq.
SUBCHAPTER
I
GENERAL
PROVISIONS
Section
1001. Findings and determinations.
1002. General definitions.
1003. Civil actions not barred.
1004. Limitation of actions.
1005. Responsibility.
1006. Self-defense.
1007. Attempt.
§ 1001. Findings and determinations
(a)
The Band assembly hereby finds and determines that the purpose of
this chapter is to protect all persons under the jurisdiction of
the Non-Removable Mille Lacs Band of Chippewa Indians through the
development of various measures which define in writing acceptable
and non-acceptable behaviors or omissions in the behavior of those
persons who are enrolled members and other Indians under the jurisdiction
of the Non-Removable Mille Lacs Band of Chippewa Indians and to
provide equal justice to all who may come before the Court of Central
Jurisdiction charged with a criminal offense.
(b) The Band Assembly hereby finds that the public safety and welfare
of all persons under the jurisdiction of the Band will be enhanced
by preventing the commission of crime through the deterring effect
of the sentences authorized when the public safety and interest
requires.
(c) The Band Assembly hereby finds that the Court of Central Jurisdiction
shall be authorized to exercise its inherent jurisdiction in three
types of legal matters:
(3) Unwritten cultural law litigation.
(d)
Notwithstanding anything to the contrary, the provisions of this
chapter shall be construed according to the fair import of its terms,
to promote justice, and to effect its purpose, in the best interest
of enhancing the customs and sovereign right of the people of the
Non-Removable Mille Lacs Band of Chippewa Indians which are hereby
declared.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §1.
Cross
References
Jurisdiction
of Court of Central Jurisdiction, see 5
MLBSA §111 et seq.
§ 1002. General definitions
Unless
otherwise specified in a particular section, the following should
apply:
(a)
Acts--Has its usual and ordinary grammatical meaning and includes
any bodily movement, and form of communication where relevant, includes
a failure or omission to take action.
(b) Bodily Harm--Means physical pain, illness or any impairment
of physical condition and includes mental illness or impairment.
(c) Deceit--Means a person knowingly and intentionally causes
harm or damage to another by:
(1)
Creating or confirming in another an impression which is false
and which the offender does not believe to be true; or
(2)Failing to correct a false impression which the offender previously
has created or confirmed; or
(3) Preventing another from acquiring information pertinent to
the disposition of the property involved; or
(4) Selling or otherwise transferring or encumbering property,
failing to disclose a lien, adverse claim, or other legal impediment
to the enjoyment of the property whether such impediment is or
is not of value or is not a matter of official record; or
(5) Promising performance which the offender does not intend to
perform or know will not be performed. Failure to perform standing
alone is not evidence that the offender did not intend to perform.
(d)
Deprive--Means to knowingly and intentionally withhold the property
of another, permanently or for such a period as to appropriate a
portion of the value or with the purpose to restore it only upon
payment of reward or other compensation.
(e) Enter or remain unlwafully--A person who knowingly and intentionally
enters or remains unlawfully in or upon any vehicle, or occupied
structure or premises when he/she is not licensed, invited or otherwise
privileged to do so. A person who enters or remains upon land does
so with privilege unless notice is personally communicated to him
by an authorized person, or unless such notice is given by posting
in a conspicuous manner.
(f) Gross Negligence--A person acts with gross negligence whenever
there is an intentional failure to perform a duty in reckless disregard
of the consequences; such a gross wanter of care and regard for
the rights of others as to justify the presumption of willfulness
and wantonness.
(g) Intentionally--A person acts intentionally when his/her
acts are willful and on purpose.
(h) Knowingly--A person acts knowingly with respect to conduct
or to a circumstance described by a statute defining an offense,
when he/she is aware of his/her conduct or that the circumstance
exists. When knowledge of the existence of a particular fact is
aware of high probability of its existence. Equivalent terms such
as "knowing" or "with knowledge" have the same
meaning.
(i) Minor--For purposes of this section, a minor shall be considered
any person less than eighteen (18) years of age.
(j) Obtain--Means a person knowingly and intentionally in relation
to property, to bring about transfer of interest or possession,
whether to the offender or to another and in relation to labor of
services, to secure the performance thereof.
(k) Occupied Structure--Means any building, vehicle or other
place suited for human occupancy or night lodging of person or for
carrying on business, whether or not a person is actually present.
Each unit of a building consists of two (2) or more units separately
secured or occupied is a separate occupied structure.
(l) Offender--Means a person who has been or is liable to be
arrested, charged, convicted or punished for a public offense.
(m) Owner--Means a person, other than the offender, who has
possession of or any other interest in the property involved, even
though such interest or possession is unlawful and without whose
consent the offender has no authority to exert control over the
property.
(n) Person--Includes an individual, business association, partnership,
corporation, government, or other legal entity, and an individual
acting or purporting to act for or on behalf of any government or
subdivision thereof.
(o) Possession--Is the knowing control of anything for a sufficient
time to be able to terminate control.
(p) Premises--Includes any type of structure or building and
any real property.
(q) Property--Means anything of value. Property includes, for
example, but is not limited to real estate, money, commercial instruments,
written instruments representing or embodying rights concerning
anything of value, labor or services, or otherwise of value to the
owner, things growing on or affixed to, or found on land, or part
of, or affixed to any building, birds, animals and fish, which ordinarily
are kept in a state of confinement, etc.
(r) Property of Another--Includes property in which the offender
himself/herself may have an interest, but does not have the authority
to impair or defeat the interest of the other person in the property.
(s) Public Places--Means any place to which the public or any
substantial group thereof has access.
(t) Solicit or Solicitation--Means to knowingly and intentionally
command, authorize, urge, incite, request, or advise another to
commit an offense.
(u) Tamper--Means to knowingly and intentionally interfere with
something improperly, meddle with it, make unwarranted alternation
in its existing condition, or deposit refuse upon it.
(v) Threat--Means a menace, however communicated, to knowingly
and intentionally:
(1)
Inflict physical harm on the person threatened or by any other
person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of criminal offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Harm the credit or business reputation of any person; or
(7) Reveal any information sought to be concealed by the person
threatened; or
(8) Take action as an official against anyone or anything, or
withhold official action, or cause such action or withholding;
or
(9) Testify or provide information or withhold testimony or information
with respect to another legal claim or defense.
(w)
Weapons--Means any instrument, firearm, article or substance
which, regardless of this primary function, is readily capable of
being used to produce death or serious bodily injury.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §8.
§ 1003. Civil actions not barred
This
chapter does not bar, suspend or otherwise affect any right or liability
to damages, penalty, forfeiture, or other remedy authorized by law
to be recovered and civil injury is not merged into the criminal
offense.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §7.
§ 1004. Limitation of actions
A prosecution
for any offense may be commenced within one (1) year after it is
committed. The period of limitations does not run under the following
conditions:
(a)
During any period in which the offender is not usually and publicly
residing within this Reservation or is beyond the jurisdiction of
this Reservation; or,
(b) During any period in which the offender is a public officer
and the offense charged is theft of public funds while in public
office; or
(c) During a prosecution pending against one offender for the same
conduct, even if the prosecution is dismissed.
Historical
and Statutory Notes
Source:
1164-MLC-6, §7.01.
§ 1005. Responsibility
A person
who is in an intoxicated or drugged condition is criminally responsible
for conduct unless such condition is involuntarily produced and
deprives him/her capacity to appreciate the criminality of his/her
conduct to the requirements of law. An intoxicated or drugged condition
may be taken into consideration in determining the existence of
a mental state which is an element of the offense.
Historical
and Statutory Notes
Source:
1164-MLC-6, §9.
§ 1006. Self-defense
(a)
A person is justified in the use of force or threat to use force
against another when and to the extent that he/she reasonably believes
that such force is necessary to defend himself/herself or another
person against another's imminent use of unlawful force or prevent
other person's trespass on or tortuous or criminal interference
with real or personal property which he/she or his/her family owns,
possesses or has the legal duty to protect.
(b) However, a person is justified in the use of force likely to
cause death or serious bodily harm only if he/she reasonably believes
that such force is necessary to prevent imminent death or serious
bodily injury to himself/herself or another person.
Historical
and Statutory Notes
Source:
1164-MLC-6, §10.
§ 1007. Attempt
(a)
A person commits the offense of attempt when he/she knowingly and
intentionally with the purpose to commit a specific offense, does
any act toward the commission of such offense.
(b) It shall not be a defense to a charge of attempt that because
of a misapprehension of the circumstances it would have been impossible
for the accuse to commit the offense attempted.
(c) A person convicted of the offense of attempt shall be punished
not to exceed the maximum provided for the offense attempted.
(d) A person shall not be liable under this section, if under circumstance
manifesting a voluntary and complete renunciation of his/her criminal
purpose, he/she avoided the commission of the offense attempted
by abandoning his/her criminal effort.
(e) Proof of the completed offense does not bar conviction for the
attempt.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6 §11.
SUBCHAPTER
II
DEPARTMENT
OF JUSTICE
Section
1051. Creation.
1052. Powers and duties of Department of Justice.
1053. Department of Justice members.
1054. Powers and duties of Solicitor General.
1055. Powers and duties of Chief Law Enforcement Officer.
1056. Meetings.
Cross
References
Impersonating
Tribal official or other person in authority, see 24
MLBSA §1213.
§ 1051. Creation
There
is hereby created a Department of Justice within the Execute Branch
of Government in and for the constituent Bands of the Non-Removable
Mille Lacs Band of Chippewa Indians for the expressed purpose of
protecting the general welfare and safety of all those who enter
lands under the jurisdiction of the Non-Removable Mille Lacs Band
of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §2.
§ 1052. Powers and duties of Department of Justice
The
Department of Justice is hereby authorized to promulgate policy
governing the conduct and employment rules and regulations of all
law enforcement of the Non-Removable Mille Lacs Band of Chippewa
Indians in the interest of fair, equal and impartial enforcement
of all laws of the Band. The Department of Justice shall have the
power to review all actions of any law enforcement officer and to
hold hearings upon receipt of any complaint from any enrolled member
of the Non-Removable Mille Lacs Bands of Chippewa Indians. The Department
of Justice shall have power to seek financial assistance from the
United States, any of its subdivisions or any private foundation
in the interests of enhancing the development of law enforcement
and judiciary in general. The Department of Justice shall be authorized
to take whatever lawful actions are deemed necessary in the interests
of improving the general public interests, fait and confidence in
the judicial systems.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §2.01.
§ 1053. Department of Justice members
The
Department of Justice shall consist of the Solicitor General, Deputy
Solicitors General, and legal support staff; The Chief Law Enforcement
Officer, Deputy Law Enforcement Officers and staff. The Solicitor
General shall exercise day-to-day supervision over the Department
of Justice.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §3.
Cross
References
Solicitor
General, see 4 MLBSA §17
et seq.
§ 1054. Powers and duties of Solicitor General
The
Solicitor General shall be the leader of the department of Justice
and have the following authority in exercising said authority of
government:
(a)
To convene the department for due cause at any time. In the event
that he/she fails to do so upon request of any two members of the
Justice Department, the Department may be convened after 48 hours
notice by any member of the Department.
(b) The Solicitor General shall have cabinet level status and shall
be responsible to the Chief Executive.
(c) The Solicitor General shall have the responsibility for ensuring
the enforcement of all the laws of the Non-Removable Mille Lacs
Bands of Chippewa Indians.
(d) The Solicitor General shall have a duty to supervise investigations
of potential violations of the law.
(e) The Solicitor General shall prosecute any and all violators
of the law.
(f) The Solicitor General's primary allegiance shall be to the laws
of the Band and not to the Executive Branch. Hence, the Solicitor
may conduct investigations and prosecute members of the Executive
Branch, as well as the Legislative or Judicial Branches.
(g) The Solicitor General shall have the supervisory and administrative
control of the Justice Department including Deputy Solicitor, staff
and Law Enforcement Officers.
(h) The Solicitor General shall review the laws of the Non-Removable
Mille Lacs Band of Chippewa Indians to assure their compliance with
the Indian Civil Rights Act. (25 U.S.C.A. §1302.)
(i) The Solicitor General shall supervise and advise the Chief Law
Enforcement Officer as to his duties and obligations.
Historical
and Statutory Notes
Source: Band Statute 1164-MLC-6, §4.
Cross
References
Division
of powers, see 2 MLBSA §3.
Solicitor General, see 4 MLBSA §17
et seq.
§ 1055. Powers and duties of Chief Law Enforcement
Officer
The
Chief Law Enforcement Officer shall have the following authority
in the exercise of enforcement powers of Band government:
(a)
The Chief Law Enforcement Officer shall have the authority to enforce
the laws of the Non-Removable Mille Lacs Bands of Chippewa Indians.
(b) The Chief Law Enforcement Officer shall have the duty to promote
public safety, protect members of the Band and Band property, preserve
the peace, and enforce all Band laws.
(c) The Chief Law Enforcement Officer shall have the authority to
delegate his powers and duties to other officers under his command.
(d) The Chief Law Enforcement Officer and other Officers under his
command shall have the authority to make arrests. Law Enforcement
Officers all have the authority to carry handguns, other firearms,
and other weaponry for their personal protection and protection
of others.
(e) The Chief Law Enforcement Officer shall work with other law
enforcement agencies to promote the peace.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §5.
Cross
References
Domestic
abuse prevention, immunity of Law Enforcement Officers, see 8
MLBSA §415.
Warrant, summons and arrest, see 24 MLBSA §4101
et seq.
§ 1056. Meetings
The
Department of Justice shall meet as it may deem necessary. Its meetings
shall be tape recorded, transcribed and distributed to the Chief
Executive, Speaker of the Assembly and the Chief Justice within
five days following said meetings. The Solicitor General shall be
responsible for compliance and he shall consider said minutes to
be classified and prohibit any further distribution of such. The
minutes shall be prima facie evidence of the facts therein state.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §6.
SUBCHAPTER
III
OFFENSES
INVOLVING DAMAGE TO THE PERSON
Section
1101. Assault.
1102. Assault and battery.
1103. Abduction.
1104. Obscene or harassing telephone calls.
1105. Opening sealed letter--Intercepted mail.
1106. Interference with privacy.
1107. Mistreatment of patients.
1108. False arrest or unlawful restraint.
§ 1101. Assault
Any
person who shall knowingly and intentionally intimidate or threaten
immediate bodily harm to another person through unlawful force or
violence shall be deemed guilty of assault, and upon conviction
thereof, shall be sentenced to labor for a period not to exceed
180 days, or a fine of not more than $500.00, or both if so determined
by the Court, furnish a peace bond in case in an amount to be designated
by the Court.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §12.
Cross
References
Civil
actions for assault and battery, see 24 MLBSA §251.
Domestic abuse prevention, see 8
MLBSA §401 et seq.
Duty to report abuse or neglect, see 8
MLBSA §301 et seq.
Government employees, summary dismissal, see 6
MLBSA §103.
§ 1102. Assault and battery
Any
person who shall knowingly and intentionally strike another person,
or otherwise inflicts bodily injury, or negligently inflicts bodily
harm on another with a weapon, or who shall be offering violence,
cause another to harm himself/herself, shall be deemed guilty of
assault and battery, and upon conviction thereof, shall be sentenced
to labor for a period not to exceed 180 days, and/or a fine not
to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §13.
Cross
References
Civil
actions for assault and battery, see 24 MLBSA §251.
Domestic abuse prevention, see 8
MLBSA §401 et seq.
Duty to report abuse or neglect, see 8
MLBSA §301 et seq.
Government employees, summary dismissal, see 6
MLBSA §103.
§ 1103. Abduction
Any
person who shall knowingly take away, or detain another person against
his/her will or without the consent of the parent or other person
having lawful care or charge of him/her, shall be deemed guilty
of abduction and upon conviction thereof, shall be sentenced to
labor for a period not to exceed 180 days, and/or a fine not to
exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §14.
§ 1104. Obscene or harassing telephone calls
Any
person who by means of a telephone makes any comment, request, suggestion
or proposal which is obscene, lewd or indecent or makes a telephone
call, whether or not conversation ensues, without disclosing his
identity and with intent to annoy, abuse, threaten or harass any
person at the called number or makes or causes the telephone another
repeatedly or continuously to ring, with intent to harass any person
at the called number, or knowingly permits any telephone under his/her
control to be used for any purpose prohibited by this section shall
be guilty of an offense and upon conviction thereof, shall be sentenced
to a fine not to exceed $500.00, and/or be required to furnish a
satisfactory bond to keep the proper use of a telephone.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §16.
§ 1105. Opening sealed letter--Intercepted
mail
Any
person who knowing that he/she does not have the consent of either
the sender or the addressee intentionally opens any sealed letter,
telegram or package addressed to another, or who knowing that a
sealed letter, telegram or package has been opened without the consent
of either the sender or addressee, intentionally publishes any of
the contents, or who knowingly intercepts any letter, telegram or
package addressed to another person, shall be deemed guilty of an
offense and upon conviction shall be sentenced to incarceration
for a period of time not to exceed 180 days, and/or a fine not to
exceed $500.00, in addition to any award of damages for the benefit
of the injured party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §17.
Cross
References
Civil
actions, invasion of privacy, see 24 MLBSA §451
et seq.
§ 1106. Interference with privacy
Any
person who enters upon another's property and surreptitiously gazes,
stares, or peeps in the window of a house or place of dwelling of
another with or without the intent to intrude upon or interfere
with the privacy of a member of the household thereof, shall be
deemed guilty of an offense and upon conviction shall be sentenced
to incarceration for a period of time not to exceed 180 days, and/or
fine not to exceed $500.00, in addition to any awards of damages
for the benefit of the injured party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §18.
Cross
References
Civil
actions, invasion of privacy, see 24 MLBSA §451
et seq.
§ 1107. Mistreatment of patients
Any
person who being in charge of or employed at any facility which
provides care to another person, who intentionally abuses, ill-treats
or culpably neglects any patient to his physical detriment, shall
be deemed guilty of an offense and upon conviction shall be sentenced
to incarceration for a period of time not to exceed 180 days, and/or
a fine not to exceed $500.00, in addition to any award of damages
for the benefit of the injured party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §19.
Cross
References
Duty
to report abuse or neglect, see 8
MLBSA §301 et seq.
§ 1108. False arrest or unlawful restraint
Any
person who shall knowingly and intentionally make, or cause to be
made the unlawful arrest, detention or imprisonment of another person,
or who shall knowingly and without lawful authority restrain another
so as to interfere substantially with his/her liberty, shall be
deemed guilty of an offense, and upon conviction thereof, shall
be sentenced to labor for a period not to exceed 180 days, and/or
a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §20.
Cross
References
False
imprisonment, civil causes of action, see 24 MLBSA
§253.
SUBCHAPTER
IV
OFFENSES
AGAINST PROPERTY
Section
1151. Trespass.
1152. Theft.
1153. Embezzlement.
1154. Fraud.
1155. Issuing a bad check.
1156. Forgery.
1157. Fraudulent long distance telephone calls.
1158. Receiving stolen property.
1159. Extortion.
1160. Malicious mischief.
§ 1151. Trespass
(a)
Any person who shall knowingly and intentionally go upon or pass
over any cultivated or enclosed lands or premises of another person
and shall refuse to go immediately therefrom on the request of the
owner or occupant thereof, or who shall knowingly allow livestock
to occupy or graze on the cultivated or enclosed lands of another
person shall be deemed guilty of an offense and upon conviction
thereof shall be punished by a fine not to exceed $500.00, and/or
shall be sentenced to labor for a period not to exceed 180 days,
in addition to any award of damages made by the Court for the benefit
of the injured party.
(b) Any person who shall go upon or pass over any lands which are
under lease or any allotted lands of another person and shall refuse
to immediately therefrom on the request of the lessee, or owner
or occupant thereof, shall be deemed guilty of an offense and upon
conviction shall be sentenced to a fine not to exceed $500.00, in
addition to any award of damages for the benefit of the injured
party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §21.
Cross
References
Trespass
to land, civil causes of actions, see 24 MLBSA §254.
§ 1152. Theft
Any
person who shall knowingly and intentionally obtain or exert unauthorized
control over property of the owner and has the purpose of depriving
the owner of the property, or to deprive the owner of the property,
or uses, conceals or abandons the property knowing such use, concealment
or abandonment probably will deprive the owner of the property shall
be deemed guilty of theft, and upon conviction thereof, shall be
sentenced to labor for a period not to exceed 180 days or a fine
not to exceed $500.00, or by both fine and imprisonment, and may
be ordered by the Court to make proper restitution.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §22.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1153. Embezzlement
Any
person who having lawful custody of property not his/her own, shall
knowingly and intentionally appropriate the same to his/her own
use with intent to deprive the owner thereof, shall be deemed guilty
of embezzlement and upon conviction thereof, shall be sentenced
to labor for a period not to exceed 180 days, and/or a fine not
to exceed $500.00, and may be ordered by the Court to make proper
restitution. As used in this section, embezzlement shall also include
the spending a minor's funds by parents or guardians for other than
the purpose for which the funds were placed in the custody of the
parents or guardians.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §23.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1154. Fraud
Any
person who shall knowingly and intentionally by misrepresentation
or deceit, or by false interpretation or by the use of false weights
or measures, knowingly obtain any money or other property of value,
shall be deemed guilty of fraud, and upon conviction thereof, shall
be sentenced to labor for a period not to exceed 180 days, and/or
a fine not to exceed $500.00, and may be ordered by the Court to
make proper restitution.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §24.
Cross
References
Dangerous
drugs, fraud, see 23 MLBSA §3.
Fraud and deceit, civil causes of action see 24 MLBSA
§§401, 402.
Government employees, summary dismissal, see 6
MLBSA §103.
Motor vehicles, fraudulent practices, see 19
MLBSA §301 et seq.
Pawnbrokers and junk dealers, see 18
MLBSA §209.
Procurement sanctions, see 7 MLBSA §49.
§ 1155. Issuing a bad check
Any
person who knowingly and intentionally issues or delivers a check
for the purpose of obtaining the property, labor or services of
another, knowing that it will not be paid by the depository, commits
the offense of issuing a bad check. If the offender has an account
with the depository, failure to make good the check within 15 days,
after written notice of nonpayment has been received by the issuer
is prima facie evidence that the person knew it would not be paid
by the depository. A person convicted of issuing a bad heck shall
be sentenced to labor for a period not to exceed 180 days, and/or
a fine not to exceed $500.0.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §25.
§ 1156. Forgery
Any
person who shall, with intent to defraud falsely sign, or knowingly
execute or alter any written instrument, shall be deemed guilty
of forgery, and upon conviction thereof shall be sentenced to labor
for a period not to exceed 180 days, and/or a fine not to exceed
$500.00, and may be ordered by the Court to make proper restitution.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §26.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1157. Fraudulent long distance telephone calls
Any
person who obtains long distance telephone service by intentionally
charging the cost thereof to a false or nonexistent telephone, or
to the telephone number of another person without their knowledge
or consent, or to a credit card number of another person or government
or business without prior authority, shall be deemed guilty of an
offense, and upon conviction may be sentenced to labor for a period
of 180 days, and/or fine not to exceed $500.00, in addition to any
award of damages for the benefit of the injured party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §15.
§ 1158. Receiving stolen property
Any
person who shall knowingly obtain control over stolen property knowing
the property to have been stolen by another, and has the purpose
of depriving the owner of the property, and knowingly uses, conceals
or abandons, the property in such a manner as to deprive the owner
of the property, or uses, conceals or abandons the property, knowing
such use, concealment or abandonment probably will deprive the owner
of the property, shall be deemed guilty of an offense and upon conviction
thereof, shall be sentenced to labor for a period not to exceed
180 days, and/or a fine not to exceed $500.00, and may be ordered
by the Court to make proper restitution.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §27.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1159. Extortion
Any
person who by making false charges against another or by any other
means whatsoever, knowingly extorts any monies, goods, property
or anything else of any value, shall be deemed guilty of extortion,
and upon conviction thereof, shall be sentenced to labor for a period
not to exceed 180 days, and/or a fine of $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §29.
§ 1160. Malicious mischief
Any
person who shall knowingly disturb injure, destroy or tamper with
any livestock or other domestic animals or other property of another,
shall be deemed of malicious mischief, and upon conviction thereof,
shall be sentenced to labor for a period not to exceed 180 days,
and/or a fine of $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §30.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
Injury to public property, see 24 MLBSA §1201.
Intentional interference with personal property, civil causes of
action, see 24 MLBSA §255.
Ordinance 29-03
An Ordinance providing for the ban on Graffiti on Band Lands through
the amendment of the Offenses Against Property Act.
The
District I Representative introduced the following Bill on the 11th
day of June, 2003.
24
MLBSA, Subchapter IV
OFFENSES AGAINST PROPERTY
§ 1161. Graffiti.
1.
Any person subject to the jurisdiction of the Mille Lacs Band who
is found, by a preponderance of the evidence, to have knowingly
placed graffiti on any real or personal property on Band Lands,
without the permission of the owner of the property or other legal
authorization, is guilty of vandalism, which is a civil misdemeanor,
and is subject to a fine and other penalties as set forth in this
section. As used in this section 1161:
"Graffiti"
means any letter, word, name, number, symbol, slogan, message,
drawing, picture, writing, or other mark of any kind visible to
the public that is drawn, painted, chiseled, scratched or etched
on a rock, tree, wall, bridge, roadway, fence, gate, building
or other natural or man-made structure.
"Band Lands" means lands owned or held in trust for
the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians,
or one or more members of the Mille Lacs Band of Ojibwe Indians,
and subject to the jurisdiction of the Mille Lacs Band.
"Juvenile" means any person who is less than eighteen
(18) years of age.
2.
In any case arising under this section, it shall be presumed that
the Mille Lacs Band and its entities did not give permission to
any person to place graffiti on any property, vehicles, signs, fixtures,
or furnishings belonging to the Mille Lacs Band or its entities
unless such permission was in writing.
3. Upon conviction of any person under this section for vandalism,
the Court may, in addition to any fine and other penalties imposed,
order the defendant to clean up, repair, or replace the damaged
property. The Court may also order the defendant, and his or her
parents or guardians if the defendant is a juvenile, to keep the
damaged property or another specified property free of graffiti
for up to one year.
4. If a juvenile is personally unable to pay a fine imposed under
this section, the parent(s) or guardian(s) of that juvenile shall
be liable for payment of the fine.
5. The Court may order any person ordered to perform community service
or graffiti removal under this section to undergo counseling. If
the person was under the influence of alcohol or other illegal substance,
the Court may also require a drug and alcohol assessment and drug
or alcohol treatment.
(a)
The maximum penalty for a first offense of vandalism under this
section 1161 shall be a fine of $250.00 and 80 hours of community
service, plus full restitution to the victim. If the defendant
is a juvenile still in school, community service shall be performed
in a manner not to interfere with school.
(b) The maximum penalty for a second offense shall be a fine of
$500.00 per offense and 160 hours of community service, plus full
restitution to the victim. If the offender is a juvenile, then
the penalty may be taken from the parent or legal guardian.
(c) The maximum penalty for a third and any subsequent offense
of vandalism under this section 1161 is a $1,000.00 fine and 200
hours of community service per offense, plus full restitution
to the victim. If the defendant is a juvenile still in school,
community service shall be performed in a manner not to interfere
with school.
(d) Upon a third or subsequent conviction for vandalism under
this section 1161, the defendant may be banned from entering all
Mille Lacs Band Government buildings, except for employment, to
conduct business at the District Government Centers, or to obtain
medical treatment at Band medical facilities. The Court may suspend
or modify this sentence for good cause shown by defendant.
7.
Prohibition against Selling or Furnishing Aerosol Paint to Minors.
(a)
It shall be unlawful for any person, firm, or corporation subject
to the jurisdiction of the Mille Lacs Band, except a parent, legal
guardian, or supervising adult, to provide to any person any aerosol
container of paint that is capable of defacing property without
first obtaining bona fide evidence in the form of a Band identity
card or State driver's license that the person to whom the aerosol
container is provided is 18 years of age or older.
(b) It shall be unlawful for any person subject to the jurisdiction
of the Mille Lacs Band who is under the age of 18 years to purchase
an aerosol container of paint that is capable of defacing property.
(c) Every Mille Lacs Band entity, and every retailer licensed
by the Corporate Commission to do business with the Mille Lacs
Band, which sells or offers for sale on or near Band Lands aerosol
containers of paint, shall post a sign stating: "Any person
subject to the jurisdiction of the Mille Lacs Band who knowingly
or intentionally defaces real or personal property with paint
on Band Lands is guilty of vandalism under Band law and shall
be prosecuted to the full extent of the law."
(d) It is unlawful for any person subject to the jurisdiction
of the Mille Lacs Band to carry on his or her person and in plain
view to the public an aerosol container of paint into any posted
Band facility, park, playground, swimming pool, beach, or recreational
area without valid written authorization from the Band.
(e) It is unlawful for any person subject to the jurisdiction
of the Mille Lacs Band who is under the age of 18 years to possess
an aerosol container of paint while on any public highway, street,
alley, way, or other public place on Band Lands, regardless of
whether that person is or is not in any automobile, vehicle, or
other conveyance.
(f) Any person who is found guilty, by a preponderance of the
evidence, of violating subparagraphs (a), (b), (d) or (e) of this
paragraph 8 shall be guilty of a civil misdemeanor and subject
to a maximum fine in the amount of $250 per offense. The Corporate
Commission shall revoke the license to do business with the Band
of any retailer who fails to post the sign required by subparagraph
(c) of this paragraph after providing fourteen (14) days written
notice of such requirement to such retailer.
8.
If the Court of Central Jurisdiction adjudges any provision of this
Ordinance to be invalid, such judgment shall not affect any other
provisions of this Ordinance not specifically included in the judgment.
9. Nothing contained in this Ordinance shall be construed as a waiver
of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.
SUBCHAPTER V
OFFENSES
AGAINST PUBLIC ADMINISTRATION
Section
1201. Injury to public property.
1202. Misuse of USDA donated commodities.
1203. Bribery.
1204. Perjury.
1205. Resisting lawful arrest.
1206. Refusing to aid an officer.
1207. Obstructing justice.
1208. Escape.
1209. False report to law enforcement officers.
1210. Disobedience to lawful orders of Court; contempt.
1211. Violation of approved Tribal Ordinance.
1212. Violation of orders or opinions.
1213. Impersonating Tribal official or other person in authority.
§ 1201. Injury to public property
Any
person who shall without proper authority, knowingly use or tamper
with or knowingly or negligently injure any public property of the
Band or property held for the benefit of the Tribes by the United
States, shall be deemed guilty of an offense and upon conviction
thereof, shall be sentenced to labor for a period not exceed 180
days and/or a fine not to exceed $500.00, and may be ordered by
the Court to make proper restitution.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §31.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
Malicious mischief, see 24 MLBSA §1160.
§ 1202. Misuse of USDA donated commodities
Any
person who shall, within the boundaries of the Non-Removable Mille
Lacs Band of Chippewa Indians knowingly sell, trade, waste, or otherwise
dispose of in an unauthorized manner USDA donated commodities issued
by the Band and any person who knowingly received from another person
as part of a sale, trade or other transaction any USDA donated commodities
issued to that person by the Band, shall be deemed guilty of an
offense, and upon conviction thereof, shall be sentenced to labor
for a period not to exceed 180 days, and/or a fine not to exceed
$500.00. The Court shall notify the Band Commodity Certifying Officer
of any convictions under the provisions of this section.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §32.
§ 1203. Bribery
Any
person who shall knowingly give or offer to give any money, property
or services, or anything else of value to another person with the
intent to influence another in the discharge of his/her public duties
or conduct, and any person who shall knowingly accept, solicit or
agree to solicit, or accept any bribe, shall be deemed guilty of
an offense, and upon conviction thereof, shall be sentenced to labor
for a period not to exceed 180 days and/or a fine not to exceed
$500.00, and may be required by the Band Assembly to forfeit any
Tribal office held by such person.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §34.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1204. Perjury
Any
person who shall knowingly in any judicial proceeding in the Court
of Central Jurisdiction, falsely swear or interpret, or shall make
a sworn statement or affidavit, knowing the same to be untrue, or
shall induce or procure another person to do so, shall be deemed
guilty of perjury and upon conviction thereof, shall be sentenced
to labor for a period not to exceed 180 days, and/or a fine not
to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §35.
§ 1205. Resisting lawful arrest
Any
person who shall knowingly, by force, violence or subterfuge, resist,
or assist another person to resist a lawful arrest, shall be deemed
guilty of an offense and upon conviction thereof, shall be sentenced
to labor for a period not to exceed 180 days and/or a fine not to
exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §36.
Cross
References
Warrant,
summons and arrest, see 24 MLBSA §4101
et seq.
§ 1206. Refusing to aid an officer
Any
person who shall neglect or refuse, without good cause, when called
upon by any law enforcement officer to assist in the arrest of any
person charged with or convicted of any offense, or in securing
such offender when apprehended, or in conveying such offender to
the nearest place of confinement, or in preventing the commission
by another of an offense, shall be deemed guilty of an offense,
and upon conviction thereof, shall be sentenced to labor for a period
of 180 days, and/or a fine not to exceed $500.00 provided that no
responsibility shall attach to the person assisting a law enforcement
officer at the officer's request.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §37.
§ 1207. Obstructing justice
Any
person who knowing a person is an offender, knowingly prevents or
obstructs anyone from performing an act that might id in the discovery
or apprehension of an offender or suppresses by act of concealment,
alteration or destruction any physical evidence that might aid in
the discovery or apprehension of an offender, shall be deemed guilty
of the offense of obstructing justice, and upon conviction thereof,
shall be sentenced to labor for a period not to exceed 180 days,
and/or a fine not to exceed $500.00
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §38.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
§ 1208. Escape
Any
person who being in lawful custody for any offense, shall knowingly
escape or who shall knowingly permit or assist another person to
escape from lawful custody, shall be deemed guilty of an offense,
and upon conviction thereof, shall be sentenced to labor for a period
not to exceed 180 days, and/or a fine not to exceed $500.00. For
purpose of this section "lawful custody" shall mean imprisonment
of a person charged with or convicted of an offense detention of
a person pursuant to arrest, detention for extradition or deportation,
or any lawful detention for the purpose of the protection of the
welfare of the person detained, or for the protection of society.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §39.
§ 1209. False report to law enforcement officers
Any
person who knowingly gives false information to any law enforcement
officer with the purpose of implicating another, reporting an offense
or incident that he/she knows he/she has no such information shall
be deemed guilty of an offense, and upon conviction thereof, shall
be sentenced to labor for a period not to exceed 180 days, and/or
a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §40.
§ 1210. Disobedience to lawful orders of
Court; contempt
Any
person who shall knowingly disobey any order, subpoena, warrant
or command duly issued, made or given by the Court of Central Jurisdiction
or any other officer thereof, or who shall knowingly fail to return
to official detention following leave granted for a specific purpose
or limited time, shall be deemed guilty of an offense and upon conviction
thereof, shall be fined in an amount not exceeding $500.00, and/or
sentenced to labor for a period not to exceed 180 days. For purpose
of this section "official detention" includes but is not
limited to constraint incidental to release on bail.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §41.
Cross
References
Judicial
authority see 5 MLBSA §101
et seq.
§ 1211. Violation of approved Tribal Ordinance
Any
person who knowingly violates an Ordinance promulgated by the Legislative
Branch of Government and legally in force, shall be deemed guilty
of an offense, and upon conviction thereof, shall be fined in an
amount not exceeding $500.00, and/or sentenced to labor for a period
not to exceed 180 days, or subjected to any other penalty as prescribed
in the Ordinance.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §42.
Cross
References
Legislative
power, see 3 MLBSA §2.
Passage of laws, see 3 MLBSA
§16.
§ 1212. Violation of orders or opinions
(a)
Any person who shall fail to comply with the provisions of any lawful
Executive Order, Secretarial Order, Commissioner's Order or Solicitor's
Opinion shall be deemed guilty of an offense against the government,
and upon conviction thereof, shall be sentenced to a fine not to
exceed five hundred dollars and possible forfeiture of any office
or employment opportunity presently held.
(b) Any Band member who shall willfully violate any provision of
any Executive Order, Secretarial Order, or Commissioner's Order
shall be found guilty of a civil misdemeanor and may be sentenced
to imprisonment for not more than 180 days and/or to a fine of not
more than five hundred dollars ($500.00) and/or revocation and suspension
of all usufructuary rights under Band law for a period of up to
five years.
Historical
and Statutory Notes
Source:
Band Statute 1085-MLC-37, §68.
Band Statute 1092-MLC-25, §13.02.
Cross
References
Commissioner's
Orders, see 4 MLBSA §7.
Executive Orders, see 4 MLBSA §6.
Secretarial Orders, see 3 MLBSA
§7.
Solicitor General's Opinions, see 4
MLBSA §18.
§ 1213. Impersonating Tribal official or
other person in authority
Any
person who shall falsely impersonate or identify or represent himself/herself
as an elected official, appointee(s), law enforcement or any other
person of authority authorized by the Non-Removable Mille Lacs Band
of Chippewa Indians, the United States, any State or any of its
political subdivisions, for the purpose of inducing another to submit
to such pretended official authority, or otherwise to act in reliance
upon that pretense to his/her prejudice, shall be guilty of an offense,
and upon conviction thereof, shall be sentenced to labor for a period
of 180 days, and/or not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §43.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
SUBCHAPTER
VI
OFFENSES
AGAINST PUBLIC ORDER, HEALTH AND DECENCY
Section
1251. Carrying concealed weapons.
1252. Handgun registration.
1253. Disorderly conduct.
1254. Maintaining a public nuisance.
1255. Cruelty to animals.
1256. Game violations.
1257. Gambling.
1258. Liquor violations.
1259. Sanitation and public health.
1260. Contributing to delinquency of minor.
1261. Curfew.
1262. Off-road use of motor bikes, cycles or scooters.
§ 1251. Carrying concealed weapons
Any
person who shall go about in public places armed with a dangerous
weapon concealed upon his/her person, unless he/she shall have a
permit signed by a Judge of the Court of Central Jurisdiction, shall
be deemed guilty of an offense, and upon conviction thereof, shall
be sentenced to labor for a period of 180 days, and/or a fine not
to exceed $500.00, and the weapons so carried may be confiscated
by the Court of may be seized at officers discretion. This Section
does not apply to any law enforcement officer.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §44.
§ 1252. Handgun registration
All
handguns shall be registered with the Department of Justice.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §44.01.
Ordinance
27-03
An
Ordinance providing for the restraint against disorderly conduct
among the people of the Mille Lacs Band of Ojibwe through the creation
of an Offenses Against Public Order, Health and Decency Act.
The
District I Representative introduced the following Bill on the 11th
day of June, 2003.
Title
24 MLBSA
Subchapter VI
OFFENSES AGAINST PUBLIC ORDER, HEALTH AND DECENCY
This
Disorderly Conduct Ordinance represents the law pertaining to disorderly
conduct by persons subject to the jurisdiction of the Mille Lacs
Band of Ojibwe Indians on Band Lands and on Mille Lacs Band school
busses. Prior Title 24 MLBSA Subchapter VI, § 1253, is hereby
repealed and replaced in its entirety by this Ordinance.
Section
1253. Disorderly Conduct.
(A)
Any person subject to the jurisdiction of the Mille Lacs Band of
Ojibwe Indians who is found, by a preponderance of the evidence,
to have engaged intentionally in any of the following behaviors
on Band Lands or on a Mille Lacs Band school bus, knowing, or having
reasonable grounds to know that such behavior will, or will tend
to, alarm, anger or disturb others or provoke an assault or breach
of the peace, is guilty of disorderly conduct, which is a civil
misdemeanor, and is subject to a fine in an amount not to exceed
$500.00 per offense:
(1) Engages in brawling or fighting; or
(2)
Disturbs a lawful meeting or assembly of persons without lawful
authority; or
(3)
Engages in offensive, obscene, abusive, or abusive conduct tending
reasonably to arouse alarm, anger, or resentment in others or
uses offensive, obscene, or abusive words which, by their very
utterance, inflict injury or tend to incite an immediate breach
of the peace; or
(4)
Blocks vehicular or pedestrian traffic without lawful authority;
or
(5)
Prevents the free ingress or egress to public or private places
without lawful authority; or
(6)
Makes a false report or warning of a fire, impending explosion
or other catastrophe in a place in which such an occurrence would
endanger human life; or
(7)
Appears in a public or private place in an intoxicated and disorderly
condition; or
(8)
Creates a disturbance, while hosting or attending a party, so
as to disrupt the peacefulness of the neighborhood or community
through loud noises and/or fights or other obnoxious behavior;
or
(9)
Plays his/her music from any car, house or music player so as
to create a disturbance to the neighbors or community members
between the hours of 10:00 p.m. and 8:00 a.m.
(B)
The Tribal Police shall have authority to investigate any disturbance
on Band Lands or on a Mille Lacs school bus. Upon reasonable suspicion,
which may be based on the complaint of another person, that any
person subject to the jurisdiction of the Mille Lacs Band is engaging
in or has engaged in disorderly conduct as defined in subsection
(A), the Tribal Police shall request that such conduct be immediately
stopped. If the person refuses to immediately stop such conduct,
such person shall be subject to arrest and to the maximum fine as
stated in subsection (A).
(C) As used in this Ordinance, Band Lands means lands owned or held
in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of
Ojibwe, or one or more members of the Mille Lacs Band of Ojibwe
Indians, and subject to the jurisdiction of the Mille Lacs Band.
(D)
If the Court of Central Jurisdiction adjudges any provision of this
Ordinance to be invalid, such judgment shall not affect any other
provisions of this Ordinance not specifically included in the judgment.
(E)
Nothing contained in this Ordinance shall be construed as a waiver
of sovereign immunity of the Mille Lacs Band of Ojibwe Indians.
§
1254. Maintaining a public nuisance -- [Digitizer's note: Repealed
and replaced by Ordinance 30-03]
§ 1255. Cruelty to animals
Any
person who shall torture or cruelly mistreat any animals, shall
be deemed guilty of an offense, and shall be sentenced to labor
for a period not to exceed 180 days, and/or a fine not to exceed
$500.00, and to provide such care as the Court shall direct.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §47.
§ 1256. Game violations
Any
enrolled member of the Non-Removable Mille Lacs Band of Chippewa
Indians or any persons under the jurisdiction of this Court, who
shall knowingly sell, trade, or give away to a non-member or offer
for sale or trade any edible portion of any game fish, game bird
or game animal, or protect any person from being apprehended, or
charged with a violation of an existing game law in force and effect,
or fail to report, to the proper authorities any person who sells
or attempts to sell any edible portion of any game bird, game fish
or game animal, or violates any rules or regulations as provided
by Chapter 7 of the Band Code for the conservation of the fish and
game of the Reservation shall be sentenced to labor for a period
not to exceed 180 days and/or a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §48.
Cross
References
Natural
Resource Protection Code, see 11
MLBSA §2001 et seq.
§ 1257. Gambling
Any
person who shall violate any law, rule or regulation established
for the control or regulation of any game of chance on territories
under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians, shall be deemed guilty of an offense, and upon conviction
thereof, shall be sentenced to labor for a period not to exceed
180 days, and/or a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §49.
Cross
References
Gaming
control, see 15 MLBSA §1 et seq.
§ 1258. Liquor violations
(a)
Any person under the age of 21 who shall knowingly and intentionally
possess or use any wine, beer, ale, whiskey or any article whatsoever
which produces any intoxication; or any minors who shall appear
in any public or private place(s) while under the influence of intoxicating
liquor to any degree, shall be deemed guilty of a liquor violation
offense, and upon conviction thereof, may be sentenced to a community
service labor for period not to exceed 10 days for the first offense
and 20 days for any repeat offense, and/or a fine not to exceed
$50.00 for the first offense and $100.00 for any repeated offense.
Upon any conviction for a second or more liquor violations under
this Section, said person shall forfeit his/her right to any employment
or youth program participation for a period not to exceed 180 days.
(b) Any person who knowingly and intentionally purchases, transports
or possesses any wine, bee, ale, whiskey, or any article whatsoever
which produces alcoholic intoxication for or in any minor person
or who shall consume any of the above with a minor person shall
be deemed guilty of a liquor violation offense, and upon conviction
thereof, may be sentenced to labor for a period not to exceed 180
days, and/or a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §50.
Cross
References
Government
employees, summary dismissal, see 6
MLBSA §103.
Juvenile delinquency, criminal procedure, see 24
MLBSA §4301 et seq.
Juvenile justice, see 8 MLBSA
§101 et seq.
§ 1259. Sanitation and public health
Any
person who shall violate any rules or regulations enforced by any
Administration of the Band with responsibility for the health and
welfare of the persons under the jurisdiction of the Band as adopted
by Commissioner's Order shall be guilty of an offense, and upon
conviction thereof shall be sentenced to labor for a period not
to exceed 180 days, and/or a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §51.
§ 1260. Contributing to the delinquency
of minor
Any
person who shall knowingly contribute to the delinquency of a minor,
shall be deemed guilty of an offense, and upon conviction thereof,
shall be sentenced to labor for a period not to exceed 180 days,
and/or a fine not to exceed $500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §54.
Cross
References
Duty
to report abuse or neglect, see 8
MLBSA § 301 et seq.
Juvenile delinquency, criminal procedure, see 24
MLBSA §4301 et seq.
Juvenile justice, see 8 MLBSA
§101 et seq.
Prohibited drugs, consumption by minors see 23
MLBSA §5.
§ 1261. Curfew -- [Digitizer's note:
Repealed and replaced by Ordinance
31-03]
Any
parent or guardian, whose children fail to obey the curfew regulations,
shall be deemed guilty of an offense, and upon conviction thereof,
shall be sentenced to labor for a period not to exceed 30 days,
and/or a fine not to exceed $500.00.
§ 1262. Off-road use of motor bikes, cycles
or scooters
The
use of motor bikes, motorcycles or motor scooters is restricted
to existing roads, and any person who knowingly or negligently uses
such a vehicle on any other Reservation land, including trails designed
for horseback or pedestrian travel, shall be deemed guilty of an
offense and upon conviction thereof, shall be sentenced to labor
for a period not to exceed 180 days, and/or a fine not to exceed
$500.00.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §33.
Cross
References
Traffic
violations, see 19 MLBSA §501
et seq.
CHAPTER
3
PROCEDURE
| Subchapter |
Section
|
| I.
General Provisions |
2001
|
| II.
Appeals |
2501
|
| III.
Certification of Questions of Law |
3001
|
| IV.
Creditors' Remedies |
3301
|
| V.
Replevin |
3501
|
| VI.
Criminal Procedure |
4001
|
Historical
and Statutory Notes
1303-MLC-4,
§§1 to 3 and 9.03 provide:
"Section
1. Purpose. The Purpose of this Act [see Subchapters I to III of
this chapter] is to promote the general welfare, preserve and maintain
justice, and to protect the rights of all persons under the jurisdiction
of the Non-Removable Mille Lacs Band of Chippewa Indians consistent
with a judicial philosophy of a search for truth and justice. This
statute is enacted by the inherent aboriginal and sovereign rights
of the members of the Non-Removable Mille Lacs Band of Chippewa
Indians to be self-governing since time immemorial and by the authority
invested in the Mille Lacs Reservation Business Committee under
Article I, Section 3, Article VI, Sections 1 and 2, and Article
XIII of the Constitution of the Minnesota Chippewa Tribe.
"Section
2. Scope of Amending Provision. Band Statute 1143-MLC-4 is hereby
repealed in its entirety and replaced by the provisions of this
statute.
"Section
3. Severability. If any provision of this Act is held invalid, the
invalidity shall not affect other provisions or applications of
this Band Statute which can be given effect without the invalid
provisions and to this end, the provisions of this Band Statute
shall be severable."
"Section
9.03. Sovereign Immunity. Nothing contained in this act shall be
deemed or construed to be a waiver of sovereign immunity by the
Non-Removable Mille Lacs Band of Chippewa Indians."
Cross
References
Commercial
entity licenses, denial, suspension, or revocation, see 18
MLBSA §109.
SUBCHAPTER
I
GENERAL
PROVISIONS
Section
2001. Definitions.
2002. Judicial philosophy.
2003. Traditional theory of law of Mille Lacs Band.
2004. Principle of law of Mille Lacs Band.
2005. Causes of action.
2006. Effect of criminal cause of action.
2007. Law applicable in civil actions.
2008. Opinion and orders of Court.
2009. Full faith and credit.
2010. Proceedings of Court: public-at-large.
2011. Record of proceedings.
2012. Written decisions mandated.
2013. Statute of limitations.
2014. Trial by jury.
2015. Survival of actions.
§ 2001. Definitions
The
following definitions shall be utilized for all cases before the
Court of Central Jurisdiction.
(a)
Elder - An elder for purposes of this statute shall be an enrolled
Mille Lacs Band member who has reached the chronological age of
55.
(b) Guardian Ad Litem - A guardian who is appointed by a court to
speak for or defend a minor or incompetent in any suit to which
the minor or incompetent in any way may be a party.
(c) Incompetent - A person who is insane, an imbecile, or feeble-minded,
or is not mentally able to manage their affairs.
(d) Minor - A person who is under the age of eighteen (18) years,
unless otherwise specified.
(e) Parties - The persons who take part in the performance of any
act, or who are directly interested in any affair, contract, or
conveyance, or who are actively concerned in the prosecution and
defense of any legal proceeding.
(f) Party Aggrieved - One whose right has been directly and injuriously
affected by action of the court.
(g) Statute of Limitations - A specified length of time after which
no cause of action or right to sue exists.
(h) Summons - A notice in writing to a defendant informing him/her
that an action has been brought against him/her and judgment will
be taken against him/her if he/she fails to answer the complaint
within the prescribed time set forth therein.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §43. |
Prior
Laws: Band Statute 1143-MLC-4, T.IX, §4.
|
§ 2002. Judicial philosophy.
The
judicial philosophy of the Non-Removable Mille Lacs Band of Chippewa
Indians is a product of the terms and conditions of our customs
of life since time immemorial. Peace and harmony between the people
of the Band is necessary to ensure the continued survival of the
Anishinabe. At times the circle of peace and harmony amongst the
people will be disrupted. This circle of life needs to be restored
in a manner that permits the integrity of the individual to be maintained
so that the community will continue to grow and prosper. It shall
be the judicial philosophy of the Court of Central Jurisdiction
to promote the traditional teachings of our elders that have served
the people so well since the beginning of time; to apply these principles
of life to resolve conflicts between individuals; to strengthen
and help those who come before the Court so that they may experience
a good life. To this end, proceedings in the Court of Central Jurisdiction
shall not be adversarial but shall be a search for truth and justice.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §4. |
Prior
Laws: Band Statute 1143-MLC-4, T.II, §1.
|
Cross
References
Executive
hearings, procedure, see 4 MLBSA
§13.
§ 2003. Traditional theory of law of Mille
Lacs Band
The
theory of law of the Non-Removable Mille Lacs Band of Chippewa Indians
is based upon a high regard for the concept of sha wa ni ma. It
is one of our ways of life according to custom. The purpose of sha
WA ni ma is to keep the people together as one. This purpose is
good for all people. It serves to balance the forces of life and
brings stability to the people. To achieve this way of life, the
laws of the Band shall be construed to balance the rights of the
individual with the need to continue to co-exist in peace and harmony
with one another. In this way, order will be preserved and justice
shall be accorded to each person who has cause to appear before
the Court of Central Jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §5. |
Prior
Laws: Band Statute 1143-MLC-4, T.II, §2.
|
Cross
References
Cultural
actions, see 24 MLBSA §601 et seq.
§ 2004. Principle of law of Mille Lacs Band
The
principle of law in the Court of Central Jurisdiction shall be a
cooperative search for truth and justice amongst all persons coming
before the Court as well as the Court itself. All individuals coming
before the court share an equal obligation and responsibility in
bringing forth the fact surrounding a particular vent that has given
rise to a matter before the Court of Central Jurisdiction. To achieve
this goal, all individuals who appear before the Court must adhere
to basic principles of honor, respect, integrity, pity and kindness.
Therefore, it shall be the mission of the court of Central Jurisdiction
to actively search for truth within the principles of individual
rights, privileges, honor, respect, integrity, pity and kindness
to and for all persons who have cause to utilize the judicial system
of the Non-Removable Mille Lacs Band of Chippewa Indians. To this
end, the justices of the Court of Central Jurisdiction shall be
bound.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §6. |
Prior
Laws: Band Statute 1143-MLC-4, T.II, §3.
|
§ 2005. Causes of action
The
Court of Central Jurisdiction shall recognize all suits as prescribed
by law and cases in equity.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §24. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §21.
|
§ 2006. Effect of criminal cause of action
A criminal
cause of action shall not bar any available civil relief arising
from the same set of circumstances or events in the Court of Central
Jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §10.01. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §21.01.
|
Cross
References
Criminal
causes of action, see 24 MLBSA §1001 et
seq.
§ 2007. Law applicable in civil actions
(a)
In all civil cases the Court of Central Jurisdiction shall apply
the written statutory and case law of the Non-Removable Mille Lacs
Band of Chippewa Indians. In the event of the lack of written Band
law, the Court shall apply any pertinent laws of the United States
of America. In the event of the lack of existence of said written
law, the Court shall apply any laws of the State of Minnesota that
do not conflict with the unwritten customs and traditions of the
Band since time immemorial. Where any doubt arises as to the customs
and traditions of the Band, the court shall request the advice of
qualified elders familiar with customs and tradition.
(b)(1) The Band Assembly hereby declares that the principles and
rules of action, relating to the government of the Non-Removable
Mille Lacs Band of Chippewa Indians and the security of those persons
subject to the jurisdiction of the Non-Removable Mille Lacs Band
of Chippewa Indians, which derive their authority solely from usages
and customs of immemorial antiquity of the Non-Removable Mille Lacs
Band of Chippewa Indians shall apply to civil causes of action in
the Court of Central Jurisdiction, when such do not rest for their
authority upon any expressed or positive declaration of the will
of the Band Assembly.
(2)
In all other causes of civil action that do not derive directly
from usages and customs of immemorial antiquity of the Non-Removable
Mille Lacs Band of Chippewa Indians or from any expressed and
declared will of the Band Assembly in matters related to the government
of the Band or the security of persons and property under the
jurisdiction of the Band, the common laws of the United States
of America shall prevail in the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, §27.
Band Statute 1087-MLC-44, §68. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §20.
|
§ 2008. Opinion and orders of Court
Each
Justice and Judge shall be bound by the provisions of the Constitution
of the Minnesota Chippewa Tribe, the laws of the Non-Removable Mille
Lacs Band of Chippewa Indians and any applicable laws of the United
States. Prior to the issuance of any opinion and order of the Court,
each Justice and Judge shall consider and weigh unwritten cultural
law, historical tribal legal opinions, and precedents of the Court
of Central Jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §29. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §29.
|
§ 2009. Full faith and credit
Full
faith and credit shall be given to public acts, records and civil
judicial proceeding of all other reservations and all Federal and
State jurisdictions that have enacted a full faith and credit provision
in their Constitution or Statutes or on a case-by-case basis, have
granted full faith and credit to judicial determinations of the
Court of Central Jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §25. |
Prior
Laws: Band Statute 1143-MLC-4, T.VII, §5.
|
§ 2010. Proceedings of Court: public-at-large
The
proceedings of the Court of Central Jurisdiction shall be open to
the public except in matters involving minors. The presiding judge
or justice may exclude the public from a proceeding upon the motion
of any party or upon the Court's own motion for good cause as the
court determines.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §35. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §29.
|
§ 2011. Record of proceedings
The
Court of Central Jurisdiction shall maintain a record of all proceedings
of the Court, which record shall include the title of the case,
the parties, the names and addresses of all witnesses, the date
of the hearing or trial, the mane of the presiding judge, and the
judgment together with any other facts or circumstances deemed important
to the case.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §33. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §19.
|
§ 2012. Written decisions mandated
The
Court of Central Jurisdiction shall in all cases give written decisions,
which shall be filed with the Clerk of Court along with all other
papers in the case.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §34. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §8.
|
§ 2013. Statute of limitations
The
following limitations on actions shall be utilized for civil cases
before the Court of Central Jurisdiction:
(a)
An action may be commenced only within the time stated in this section
unless a different time is specified by law. The time within which
the action may be commenced starts at the time the act complained
of was discovered, unless otherwise provided for by law.
(b) All civil actions shall be commenced within six (6) years from
the time the cause of action occurred in the case of contracts and
within three (3) years in the case of harmful conduct, one (1) year
form the time a cause of action arose as a result of an employee-employer
relationship or the hiring or termination of an individual from
employment, unless a different time is otherwise prescribed by law.
An action shall be deemed to have been commenced for the purposes
of this Section when a written complain has been filed. The Statute
of limitations shall not run while a person is a minor, incompetent,
or serving in the armed forces of the United States. The time is
tolled as to persons absent from the jurisdiction of the Band for
the purpose of avoiding process.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §26. |
Prior
Laws: Band Statute 1143-MLC-4, T.II, §5.
|
Cross
References
Finality
of adoption judgment, see 8 MLBSA
§626.
§ 2014. Trial by jury
(a)
The right to a trial by jury shall exist in criminal matters where
a defendant is exposed to a fine great than $500 or where an individual
may be imprisoned and in civil cases where the plaintiff's claim
exceeds one thousand dollars ($1000). A trial by jury shall not
be available in domestic relations, probate or cases in equity matters.
(b)(1) In cases where a jury may be requested, the request for a
jury must be made in writing to the Clerk. The request for a jury
may be made at any time after commencement of an action, but no
later than five (5) days after the filing of the last pleading.
The request for a trial by jury in civil matters must be accompanied
by a case or surety bond in the amount of one hundred ($100) to
cover the costs of the jury trial.
(2)
The failure of a party to request a jury, as required in paragraph
(1) constitutes a waiver of a trial by jury.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §37. |
Prior
Laws: Band Statute 1143-MLC-4, T.VI, §1.
|
Cross
References
Criminal
procedure, jury trial, see 24 MLBSA §4201.
Right to a trial by jury, see 1
MLBSA §10.
§ 2015. Survival of actions
In
the event any person has a claim against another person, whether
arising on a contract or otherwise, and such person dies prior to
final adjudication of said claim, that action may be continued or
maintained by the descendant's personal representative.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, §33.
Cross
References
Death
of adoption petitioner prior to adoption, see 8
MLBSA §618.
Wrongful death actions, see 24 MLBSA §551.
SUBCHAPTER
II
APPEALS
Section
2501. Notice of appeal.
2502. Basis of appeals.
2503. Nature of appeal.
2504. Decision of Court of Appeals.
2505. Authority.
Cross
References
Indian
employment rights, appeal of Administration Policy Board decisions,
see 18 MLBSA §424.
Juvenile offenders, appeals, see 8
MLBSA §148.
Prohibited drugs, automatic appeal of convictions, see 23
MLBSA §10.
§ 2501. Notice of appeal
A party
aggrieved by a final judgment or other final order of the Court
shall within thirty (30) days after the date of such judgment or
order, file with the Clerk of Court a notice of intent to appeal,
along with a twenty ($20) dollar filing fee.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §38. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §2.
|
§ 2502. Basis of appeals
The
following shall constitute lawful reasons for an appeal, which may
include but not be limited to:
(a)
Irregularity in the proceedings of the Court, jury, or adverse party,
or error of the Court, or abuse of discretion by which either party
was prevented from having a fair trial; or
(b) Misconduct of the jury of if any one(1) or more jurors have
been induced to assent to any general or special verdict to a finding
on any question submitted to them by the Court; or
(c) Surprise which ordinary foresight could not have guarded against;
or
(d) Newly discovered evidence which could not, with reasonable care,
have been discovered and produced at the trial; or
(e) Insufficiency of the evidence to justify the verdict or other
decision or that which is against the law; or
(f) Error of law occurring at the trial as in ruling in the admission
of evidence or in charging the jury or judicial rulings founded
in objections; or
(g) Prejudice on the part of the trial judge or abuse of discretion.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §39. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §3.
|
§ 2503. Nature of appeal
All
appeals taken before the Court of Appeals shall be heard on the
basis of the record of the proceedings, except where the petitioner
is unable to procure a transcript of the proceedings through no
fault of their own.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §40. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §5.
|
§ 2504. Decision of Court of Appeals
The
concurrence of a majority of the Justices of the Court of Central
Jurisdiction is necessary to pronounce judgment. If a majority of
justices does not concur, a judgment or order is affirmed. The Chief
Justice shall assign a Justice the task of preparing a written opinion
of the Court. Minority opinions shall not be permitted as official
parts of the Court record. The opinion of an individual justice
on any case shall not be disclosed to the public.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §42. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §7.
|
§ 2505. Authority
The
Court of Appeals shall have all the power and authority necessary
to carry into effect all of its judgments, decrees and deliberations
in the matters over which it has jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §41. |
Prior
Laws: Band Statute 1143-MLC-4, T.VIII, §6.
|
SUBCHAPTER
III
CERTIFICATION
OF QUESTIONS OF LAW
Section
3001. Certification of questions from exterior courts.
3002. Orders, petitions or motions for answers to questions.
3003. Certification of questions to exterior courts.
3004. Uniformity of construction.
§ 3001. Certification of questions from
exterior courts
The
Court of Appeals may answer questions of law certified to it by
an exterior court when requested. The Court of Central Jurisdiction
may answer questions of law of the Mille Lacs Band which may be
determinative of a cause then pending in the certifying court when
there is no controlling precedent in the decisions of the Court
of Central Jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §28. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §6.
|
§ 3002. Orders, petitions or motions for answers to questions
The
provisions of 24 MLBSA §3001 may be invoked
by legislative order, executive order or upon a petition of the
Solicitor General or upon the Court's own motion or upon the motion
of a party.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §28.01. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §6.01.
|
§ 3003. Certification of questions to exterior courts
The
Court of Central Jurisdiction may order certification of questions
of law to an exterior court when there are involved in any proceeding
before the Court of Central Jurisdiction questions of law in the
receiving jurisdiction which may be determinative of the cause then
pending when there are no controlling precedents in the decisions
of the foreign jurisdiction.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §28.02. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §6.05.
|
§ 3004. Uniformity of construction
This
subchapter shall be construed so as to make uniform the law among
those jurisdictions which have enacted a uniform certification of
questions of law act.
Historical
and Statutory Notes
| Source:
Band Statute 1303-MLC-4, §28.03. |
Prior
Laws: Band Statute 1143-MLC-4, T.I, §6.07.
|
SUBCHAPTER
IV
CREDITORS'
REMEDIES
Section
3301. Due process.
3302. Property defined.
3303. Petitions to Court of Central Jurisdiction.
3304. Notice of hearing.
3305. Findings, orders and bond.
3306. Protection of petitioner's rights.
3307. Order for seizure of property.
3308. Wage deductions.
3309. Unlawful removal or disconnection of property.
Cross
References
Applicability
to motor vehicle liens, see 19 MLBSA §18 [Digitizer's note:
Section not in digital copy].
Applicability to watercraft liens, see 20
MLBSA §11.
Application of Truth in Lending Act, see 24 MLBSA §5.
Credit at seller's risk, see 18 MLBSA
§202.
§ 3301. Due process
Any
creditor be they a person, company, corporation, association, partnership,
cooperative, utility and any other public or private commercial
entity who engaged in any commercial activity whether it be selling
in any goods or services of any material value or any other type
of commercial transaction for the purchase of any goods or services
with any person who resides on lands under the jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians, who has not received
monetary compensation for the provision of said goods or services
or any licensed commercial entity who provides a services, received
payment for the service and failed to perform or deliver the goods
or services, whereby such written or oral agreement has been entered
into or said service or property was consumed or is located on lands
subject to the jurisdiction of the Non-Removable Mille Lacs Band
of Chippewa Indians shall not deprive any person of any property,
real or personal, or any service absent due process of law in the
Court of Central Jurisdiction pursuant to 1
MLBSA §8 and Article XIII of the Constitution of the Minnesota
Chippewa Tribe.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.
§ 3302. Property defined
Property
includes, but is not limited to, everything which is subject to
ownership corporeal or incorporeal, tangible or intangible, visible
or invisible, real or personal; everything that has an exchangeable
value which is or may be the subject of ownership, legal or beneficial
or private as a result of a transaction of any type from one party
to another. Services provided by public/private cooperatives, utilities,
or public or private commercial entities are specifically included.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.01.
§ 3303. Petitions to Court of Central Jurisdiction
Any
person, company, corporation, association, partnership, cooperative,
utility and any other public or private commercial entity including
financial institutions who seek to deny any person subject to the
jurisdiction of the Band of any property, with or without just cause,
shall first petition the Court of Central Jurisdiction for a show
cause hearing and a determination that said property may be lawfully
removed from any said person or that services may be lawfully denied,
or that compensation should be received or any other relief deemed
appropriate and reasonable.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.02.
§ 3304. Notice of hearing
The
Clerk of Court shall schedule a hearing within 30 days after receipt
of the Petition. The Clerk shall submit a Notice of Hearing to the
person against whom the action is being instituted. The Notice shall
state that the person has a right to appear at this hearing on his
own behalf or with an attorney. The person shall have a right to
present defenses to the claim and to state the reasons why the property
or service described in the Petition should not be taken or denied.
The Petition shall clearly state a claim to the goods sought to
be recovered or the services sought to be requested or denied. Finally,
the Notice shall clearly state that if the person fails to appear
at the hearing the Court has the authority to enter a default judgment
on behalf of the Petitioner and direct that the above-described
property be immediately taken from their possession or that services
may be lawfully denied or that services must be performed or that
compensation should be received or whatever appropriate or reasonable
relief is requested.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.03.
§ 3305. Findings, orders and bond
After
a hearing, the Court shall order seizure of the property or denial
of services from the person and deliver to the Petitioner, if the
Petitioner has demonstrated the probability of success on the merits
entitling the Petitioner to payment, possession or repossession
or disconnection of property or service unless the Court makes the
following findings: The person has show a defense to the merits
of the Petitioner's claim, the defense is a fair basis for litigation
and the defense would, if established at hearing on the merits,
entitle the person to retain possession of the property. In such
cases where a defense on the merit is found to be fair, the person
shall post a bond in the amount plus one-quarter of the Petitioner's
monetary claim. This bond shall indicate said persons good faith
to compensate the Petitioner in the even that the Court rules in
favor of the Petitioner.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.04.
§ 3306. Protection of petitioner's rights
If
the Court makes the findings prescribed by 24 MLBSA
§3305 and orders that the person may retain possession
pending final decision on the merits, the Court shall enter a further
order protecting the rights of the Petitioner to the extent possible.
The order may require that the person make partial payment of the
debt which may be due and that the payment shall be made either
directly to Petitioner or into an escrow account that the person
post a bond in an amount set by the Court, that the person make
the property available for inspection from time to time, that the
person be restrained from certain activities, including, but not
limited to selling, disposing or otherwise encumbering the property,
or any other provision the Court may deem just and appropriate.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.05.
§ 3307. Order for seizure of property
An
order for seizure of property shall: Identify the property to be
seized or the disconnection of the serviced property; direct a law
enforcement officer to seize the property or to accompany any Petitioner
to seize or disconnect property pursuant to court order and specify
that the Petitioner is authorized immediately or after a specified
reasonable period of time to seek or otherwise dispose of property
as a method of collection of any judgment debt.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.06.
Ordinance
27-01
An Ordinance amending Title 24 of the Mille Lacs Band Statutes Annotated.
The
District II Representative introduced the following bill on the
17th day of July, 2001.
Preamble
It
is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe
for the purpose of amending Title 24 of the Mille Lacs Band Statutes
Annotated and repealing and replacing 24 MLBSA §
3308 and Court Order #38. The Band Assembly determines that
it is in the best interests of the Band to limit the amount of earnings
or other income that may be withheld from individuals under the
jurisdiction of the Mille Lacs Band. The Band Assembly seeks to
establish policies and procedures for a fair and effective method
of debt collection in the Court of Central Jurisdiction.
§ 1. Amendment to Title 24 and Repealing and Replacing 24 MLBSA
§ 3308
24
MLBSA § 3308 is repealed and replaced in its entirety by the
provisions of § 2 of this Act and Title 24 of the Mille Lacs Band
Statutes Annotated is amended to include the remaining sections
of this Act.
§ 2. Definitions
For
the purpose of this Act:
(a)
The term "actual damages" means an amount assessed pursuant to an
adjudicated matter before a court of competent jurisdiction for
damages actually incurred. Such damages do not include nominal,
exemplary or punitive damages, or court costs or attorney fees.
(b) The term "earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, or otherwise,
and includes periodic payments to a personal retirement program.
(c) The term "disposable income" means that part of the income of
any individual remaining after the required deduction from that
income of any amounts, such as but not limited to, federal income
tax, social security, state income tax, if any, pension deductions,
and cost of health insurance coverage for obligor and dependents.
Disposable income shall also include per capita payments.
(d) The term "garnishment" means any legal or equitable procedure
through which the earnings of an individual are withheld for payment
of any lawful debt.
(e) The term "per capita payment" means any distribution of gaming
proceeds to members of the Mille Lacs Band in accord with the net
gaming distribution plan as approved by the Secretary of Interior
pursuant to 25 U.S.C. § 2701 et seq. or as may otherwise be defined
by Band Statute.
(f) The term "political subdivision" shall mean the Mille Lacs Reservation
Housing Authority as defined in Title 12 of the Mille Lacs Band
Statutes Annotated and the Corporate Commission of the Mille Lacs
Band as defined in Title 16 of the Mille Lacs Band Statutes Annotated
or any other entity defined in Band statutes as a political subdivision
of the Band.
§ 3. Withholding from Earnings
As
an ancillary proceeding to (1) a civil action for the recovery of
money filed in the Court of Central Jurisdiction, or (2) a civil
judicial proceeding, public act or record granted full faith and
credit by the Court of Central Jurisdiction pursuant to 24
MLBSA § 2009, the Court of Central Jurisdiction shall have the
authority, pursuant to its subject matter jurisdiction as described
in 5 MLBSA § 111, to order
the Office of Management and Budget to deduct from the earnings
of any person to which a debt judgement or judgement for child support
has been obtained and remit the amount deducted to the judgement
creditor. Except in circumstances of child support payments and
arrearages, the earnings of an individual shall not be taken in
excess of ten percent (10%) of the individual's disposable income.
§ 4. Withholding from Per Capita Payments
As
an ancillary proceeding to (1) a civil action for the recovery of
money filed in the Court of Central Jurisdiction, or (2) a civil
judicial proceeding, public act or record granted full faith and
credit by the Court of Central Jurisdiction pursuant to 24
MLBSA § 2009, the Court of Central Jurisdiction shall have the
authority, pursuant to its subject matter jurisdiction as described
in 5 MLBSA § 111, to order
the Office of Management and Budget to withhold portions of per
capita payments from Band members against whom a debt judgement
or judgement for child support has been obtained and remit the amount
withheld to the judgement creditor. Except in circumstances of child
support payments and arrearages, such amounts shall not exceed thirty
percent (30%) of a payment. In cases involving child support payments
and arrearages, such amount shall not exceed seventy percent (70%)
of a payment.
§ 5. Ripeness
The
Court of Central Jurisdiction shall not initiate a withholding proceeding
pursuant to this Act for any debt that is not at least 60 days past
due, except in circumstances of current child support payments and
arrearages.
§ 6. Notice to Debtor; Hearing
In
any withholding proceeding pursuant to this Act, the debtor shall
receive notice as required by the Mille Lacs Band Rules of Civil
Procedure. Upon such notice to the debtor, the Court of Central
Jurisdiction shall hold a hearing, at the debtor's request, to permit
the debtor to dispute the financial obligation in question. The
burden of proof shall be on the debtor to show that a proposed garnishment
would be improper.
§ 7. Priority
The
Court of Central Jurisdiction shall order any deduction from a per
capita payment in the following order:
(a)
Child support payments or arrearages;
(b)
Debts owed to the Band or any political subdivision thereof;
(c) Federal creditor obligations;
(d)
Debts owed to other creditors who have obtained a judgement
in a court of competent jurisdiction, if such judgement is been
granted full faith and credit by the Court of Central Jurisdiction.
§ 8. Full Payment of Debts
The
Court of Central Jurisdiction shall order the payment of debts recognized
pursuant to section 3 or 4 from the Band member's per capita payments
until such debts are repaid in full or discharged by the creditor
or a court under the following conditions:
(a)
child support payments and arrearages, regardless of when incurred,
shall at all times have priority over debts recognized pursuant
to (b), (c) and (d) of § 7.
(b) At no time shall the Court of Central Jurisdiction order deductions
from a per capita payment in excess of 70% of such payment.
§ 9. Notice to Creditor
The
Court of Central Jurisdiction shall duly inform any creditor whose
prior judgement has been modified by the Court due to a judgement
granted in favor of a subsequent creditor with higher priority.
§ 10. Duty of Creditor
Failure
by the Creditor to inform the Court of Central Jurisdiction when
a debt has been repaid in full or discharged by the creditor or
a court shall constitute grounds for a finding of contempt of court
by the Court of Central Jurisdiction.
§ 11. Sovereign Immunity of the Band
Nothing
contained in this Act shall be construed as a waiver of the sovereign
immunity of the Mille Lacs Band of Ojibwe or any of its political
subdivisions.
§ 12. Civil Procedure
All
actions pursuant to this Act shall be conducted in accordance with
the Mille Lacs Band Rules of Civil Procedure. The Office of Solicitor
General shall develop appropriate forms for use in any action pursuant
to this Act. The Court of Central Jurisdiction shall retain copies
of such forms for use by any party.
§ 13. Severability
If
any section, term or provision of this Act is held by the courts
of the Mille Lacs Band to be illegal or in conflict with any existing
Band Statute or other applicable law, the validity of the remaining
sections, terms and/or provisions of this Act shall not be affected
and shall retain the force of Band law.
§ 14. Effective date
The
effective date of this Act shall be the day after it becomes law.
§
3309. Unlawful removal or disconnection of property.
Any
creditor be they a person, company, corporation, association, partnership,
cooperative, utility and any other public or private commercial
entity, who absent a lawful order from the Court of Central Jurisdiction,
who shall attempt to remove or disconnect any property from any
person under the jurisdiction of the Band, shall be deemed to have
committed a property trespass offense in violation of 2 MLBSA §304(m)
[Digitizer's note: Section not in digital copy] and the Solicitor
General shall initiate civil action against said person seeking
their removal and exclusion from lands under the jurisdiction of
the Non-Removable Mille Lacs Band of Chippewa Indians for a period
of time not to exceed 180 days.
Historical
and Statutory Notes
Source:
Band Statute 1090-MLC-47, §21.08.
SUBCHAPTER
V
REPLEVIN
Section
3501. Applicability.
3502. Claim for immediate delivery of property.
3503. Affidavit.
3504. Direction to law enforcement officer.
3505. Security furnished by plaintiff.
3506. Seizure of property.
3507. Service of defendant.
3508. Third party claims or return to defendant.
3509. Sureties and deposits.
3510. Officer's report.
Cross
References
Recovery
of possession of person property, see 21
MLBSA §501 et seq.
Right to peaceful possession of property, see 24
MLBSA §203.
§ 3501. Applicability
The
replevin procedure set out in this subchapter shall be utilized
for all cases before the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.
§ 3502. Claim for immediate delivery of property
The
plaintiff, in an action to recover the possession of personal property,
at the time of issuing the summons or at any time before answer,
may claim the immediate delivery of such property as provided in
this subchapter.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.01.
§ 3503. Affidavit
When
an immediate delivery is claimed, an affidavit must be made by the
plaintiff or by someone in his behalf stating that the plaintiff
is the owner of the property claimed, is lawfully entitled to the
possession of it, or that he had a lawful lien against such property,
payment of which is in default. The facts of such ownership or right
to possession must be set forth along with a detailed description
of the property. Said affidavit must state that the property is
wrongfully detained by the defendant and that the alleged cause
of the detention of the property, according to his best knowledge,
information, and belief that the property has not been taken for
a tax, assessment against the property of the plaintiff, or, if
so seized, that it is by law exempt from such seizure. Said affidavit
must also state the actual value of the property.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.02.
§ 3504. Direction to law enforcement officer
The
plaintiff, after completing and endorsing the affidavit required
by 24 MLBSA §3503, may require any law
enforcement officer of the Non-Removable Mille Lacs Band of Chippewa
Indians to take the property from the defendant and deliver it to
the plaintiff.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.03.
§ 3505. Security furnished by plaintiff
Before
possession of any property may be taken by the plaintiff, he must
furnish to the Court sufficient security in the form of cash or
sureties. The surety shall be at least double in amount the value
of the property as stated in the affidavit. If the defendant shall
be later adjudged the rightful owner of the property or shall be
entitled to possession of the property, the security provided by
the plaintiff shall be used in any recovery by the defendant against
the plaintiff.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.04.
§ 3506. Seizure of property
Upon
receipt of the affidavit, endorsement, and security by the Band
law enforcement officer, the officer shall take the property described
in the affidavit, if it be in the possession of the defendant or
his agent, and retain it in his custody. He shall keep it in a safe
place and deliver it to the party entitled property. If the property
of any part thereof be concealed in a building or enclosure, the
officer shall publicly demand its deliver. If it is not delivered,
then the officer must obtain a search warrant from the Court of
Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.05.
Cross
References
Search
warrants, see 24 MLBSA §4107.
Unreasonable searches and seizures, see 1
MLBSA §2.
§ 3507. Service of defendant
The
officer, at the time of taking any property, shall serve on the
defendant a copy of the affidavit, endorsement, and proof of security
or cash bond and notice of levy showing the property taken by delivering
the same to the defendant personally, if he can be conveniently
found, or to his agent from whose possession the property is taken;
if neither can be found, by leaving the papers at the usual place
of abode of either, with some person of suitable age and discretion.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.06.
§ 3508. Third party claims or return to defendant
(a)
If the property taken be claimed by any other person than the defendant
or his agent, and such person shall make an affidavit of his title
thereto and right to possession thereto, stating such right and
title, and serve the same upon the officer, the officer shall not
be bound to keep the property or deliver it to the plaintiff unless
the plaintiff shall indemnify the officer against such claim by
deposit with the Clerk of Court of security in amount and sufficiency
as required in the original affidavit for the delivery. No claim
to such property by any other person than the defendant or his agent
shall be valid against the officer, unless made as provided; and
notwithstanding such claim when so made, he may retain the property
a reasonable time to demand such indemnity.
(b) The defendant may retain or require the return of the property
by giving the Clerk of Court, within three (3) days after the taking,
sufficient security or cash deposit of an amount not less than was
required by the plaintiff for the delivery.
(c) If the defendant or a third party does not require a return
of the property within three (3) days after the taking and service
of papers on the defendant, the property shall be delivered to the
plaintiff.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§11.07 to 11.09.
§ 3509. Sureties and deposits
(a)
Sureties may be provided by any person or company allowed by the
Court. Security may be given in the form of a cash deposit. A receipt
shall be given by the Clerk of Court and the deposit shall remain
in the custody of the Court until the Court shall make an order
disposing of it.
(b) The defendant or plaintiff may require the surety of the other
to prove the validity of their sureties. The plaintiff and defendant
shall be given seven (7) days from date of service of a copy of
the affidavit to question the validity of the surety. If it is not
questioned within seven (7) days, it shall be deemed waived and
cannot later be questioned by either party.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §11.10 to 11.11.
§ 3510. Officer's report
(a)
Within twenty (20) days after taking the property, the officer shall
be notified by the Clerk of the Court in writing to make a verified
report of his proceedings in taking and disposing of the property,
and file the same together with the original affidavit, endorsement,
or security and a notice of his copy of levy, with the Clerk of
the Court.
(b) The failure or neglect of the officer to make such verified
report of his proceedings shall not, however, void his proceedings
under the affidavit and endorsement but shall render him liable
for contempt of court.
Historical
and Statutory Notes
Source:
Band Statute 1144-MLC-5, T.II, §§11.12, 11.13.
SUBCHAPTER
VI
CRIMINAL
PROCEDURE
| Part |
Section
|
| A.
General Provisions |
4001
|
| B.
Complaint |
4051
|
| C.
Warrant, Summons and Arrest |
4101
|
| D.
Preliminary Proceedings |
4151
|
| E.
Trial |
4201
|
| F.
Sentence |
4251
|
| G.
Juvenile Delinquency |
4301
|
Historical
and Statutory Notes
Band
Statute 1164-MLC-6, §61 provides:
"Section
61. Severability. If any provision of this Chapter [see this subchapter
and Chapter 2 of this title] or the application thereof to any person,
business, corporation or circumstances is held invalid, the invalidity
shall not affect other provisions or application of the Chapter
which can be given effect without the invalid provision or application
and to this end the provisions of this Chapter are declared severable."
Cross
References
Historical
preservation, criminal offenses, see 10
MLBSA §602.
Part
A
General
Provisions
Section
4001. Definitions.
4002. Court of Central Jurisdiction.
4003. Jurisdiction over persons.
4004. Rights of defendant.
4005. Deposit and disposition of fines, fees and other payments
made to court.
§ 4001. Definitions
(a)
Arraignment is the bringing of an accused before the Court, informing
him/her of his/her rights and of the charge against him/her, receiving
his/her plea and setting bail as appropriate in accordance with
24 MLBSA §4158 and Court orders promulgated
thereof.
(b) Arrest is the taking of a person into custody in the manner
authorized by law, in order that he/she may be held to answer for
a criminal offense.
(c) Bail is the security given for the purpose of insuring that
the accused is present at the impending criminal proceedings.
(d) A complain is a written statement sworn to by the complaining
witness and charging that a named individual has committed a particular
criminal offense.
(e) A search warrant is a written order in the name of the Band,
signed by a Justice of the Court of Central Jurisdiction and directed
to a law enforcement officer ordering him/her to conduct a search,
to seize items or property or place to be searched and shall particularly
describe the items to be seized and brought before the Justice.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §§62, 67, 71, 75.
§ 4002. Court of Central Jurisdiction
The
Court of Central Jurisdiction is hereby granted subject matter jurisdiction
for any cause of action which arises from 24 MLBSA
Chapter 2 (§1001 et seq.) or this subchapter. Nothing in
this subchapter shall be construed as a waiver of sovereign immunity
of the Non-Removable Mille Lacs Band of Chippewa Indians in any
state or federal court of competent jurisdiction. Associate Justices
of the Court of Central Jurisdiction shall have original jurisdiction
over all causes of action which arise from any provisions of 24
MLBSA Chapter 2 and this subchapter. A Criminal Division is hereby
created in the Court of Central Jurisdiction to here causes of actions
arising from 24 MLBSA Chapter 2 and this subchapter.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §59.
Cross
References
Subject
matter jurisdiction, Court of Central Jurisdiction, see 5
MLBSA §111.
§ 4003. Jurisdiction over persons
The
criminal jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians shall extend and apply to enrolled members of the Non-Removable
Mille Lacs Band of Chippewa Indians, enrolled members of any of
the other five Bands of the Minnesota Chippewa Tribe and those Indian
Persons who reside on Lands subject to the territorial jurisdiction
of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §60.
Cross
References
Court
of Central Jurisdiction, criminal jurisdiction over persons, see
5 MLBSA §112.
§ 4004. Rights of defendant
In
all criminal prosecutions, the defendant shall have the following
rights: the right to be present throughout the proceeding and to
defend himself/herself with proper decorum or at his/her own expense
by counsel, the right to know the nature and cause of the charge
and to receive a copy of the complaint, the right to meet the witnesses
against him/her face to face, the right to compulsory process to
obtain the testimony of witnesses in his/her behalf and physical
evidence, the right to a speedy public trial by an impartial jury,
but the defendant may waive the right to a speedy trial by requesting
a delay, the right not to testify. The failure of the defendant
to testify shall not be construed against him/her or commented upon
by the Solicitor General.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §85.
Cross
References
Civil
Rights Code, see 1 MLBSA §1
et seq.
§ 4005. Deposit and disposition of fines, fees and other payments
made to court
All
monies paid to the Court of Central Jurisdiction as a result of
the provisions of this subchapter or 24 MLBSA Chapter
2 (§1001 et seq.) or other lawful orders of the Court,
shall be paid to the Clerk of Court, who shall issue a receipt.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §90.
Cross
References
Special
surcharge tax on fines, see 22 MLBSA
§509.
Part
B
Complaint
Section
4051. Initiation of prosecution.
4052. Form and content of complaint.
4053. Screening and submission of complaints.
4054. Joinder of offenses.
4055. Joinder of defendants.
4056. Amendment of complaint.
§ 4051. Initiation of prosecution
All
criminal prosecutions for violation of the Code of Offenses shall
be initiated by complaint. A complaint may be initiated by the Solicitor
General, any law enforcement officer of the Band or any person under
the jurisdiction of the Band.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §62.
§ 4052. Form and content of complaint
Complaints
shall:
(a)
Be in writing and in the name of the Non-Removable Mille Lacs Band
of Chippewa Indians and be signed by the complaining witness sworn
to and witnessed before the Court of Central Jurisdiction's Solicitor
General and/or before a duly qualified Justice of the Court of Central
Jurisdiction.
(b) Contain a statement by the complaining witness describing in
ordinary language the nature of the offense committed, including
the time and place as nearly as may be ascertained,
(c) State the name or description of the person alleged to have
committed the offense, and
(d) State the section of 24 MLBSA Chapter 2 which has been violated.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §62.01.
§ 4053. Screening and submission of complaints
The
Chief Justice of the Court of Central Jurisdiction may designate
an individual or individuals who shall be available to assist persons
in drawing up complaints and who shall screen them for sufficiency.
Complaints shall then be submitted without delay to a Justice of
the Court of Central Jurisdiction to determine whether probable
cause exists and whether a warrant or summons shall be issued. However,
provisions of Band Statute which required mediation and Court orders
which require Show Cause Hearings shall apply prior to any formal
filing of a complaint with the Clerk of Court.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §62.02.
§ 4054. Joinder of offenses
A complaint
may charge two or more different offenses connected together in
their commission arising out of the same incident. If two or more
complaints are filed against the same defendant in same Court, the
Court may order them to be consolidated. The Solicitor General is
not required to elect between the different offenses or counts set
forth in the complaint, but the defendant may be convicted of any
number of offenses charged and each offense which the defendant
is convicted may be stated in the verdict or the finding of the
Court. However, the Court may in the interests of justice and for
good cause shown, in its discretion, order that the different offenses
counts set forth in the complaint be tried separately. An acquittal
of one or more counts shall not be deemed an acquittal of any other
count.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §63.
§ 4055. Joinder of defendants
Two
or more defendants may be charged in the same complaint if they
are alleged to have participated in the same series of acts constituting
an offense or offenses. All of the defendants need not be charged
in each count. When two or more persons are included in the same
charge, at any time before the defendants begin their defense, on
the application of the Solicitor General, the Court may direct any
defendant to be discharged so that he/she may be a witness for the
Band. When two or more persons are included in the same complaint,
and the Court is of the opinion that there is not sufficient evidence
against one defendant, it must order him/her to be discharged before
the evidence is closed, so that he/she may be a witness for his
co-defendant.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §63.01.
§ 4056. Amendment of complaint.
A complaint
may be amended in matters of substance at any time before the defendant
please, without leave of Court. The Court may permit any charge
to be amended as to form at any time before verdict or the finding
of the court if no additional or different offense is charged and
if the substantive rights of defendants are not prejudiced. No charge
will be dismissed because of a defect in form which does not prejudice
a substantial right of the defendant.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §64.
Part
C
Warrant,
Summons and Arrest
Section
4101. Arrest warrants.
4102. Summons in lieu of warrant to arrest.
4103. Prerequisites for arrest.
4104. Time of making arrest.
4105. Summons in lieu of arrest.
4106. Notification of rights at time of arrest.
4107. Search warrants.
4108. Search without warrant.
4109. Stop and frisk.
4110. Inventory of seized property.
Cross
References
Chief
Law Enforcement Officer, powers and duties, see 24
MLBSA §1055.
Juvenile justice, warrants and taking into custody, see 8
MLBSA §102 et seq.
Motor vehicles, police powers, see 19
MLBSA §501 et seq.
Natural resources, officers, powers and duties, see 11
MLBSA §2601 et seq; 19 MLBSA
§§501, 503.
Resisting lawful arrest, see 24 MLBSA §1205.
Unreasonable searches and seizures, see 1
MLBSA §2.
Watercraft violations, arrest without warrant, and notice in lieu
of summons, see 20 MLBSA §§405,
406.
§ 4101. Arrest warrants
(a)
If it appears from the complaint, or from an affidavit or affidavits
filed with the complaint, or from examination upon oath of witnesses,
that there is probable cause to believe an offense has been committed,
a warrant for the arrest of the defendant shall be issued by the
Court. Every Justice of the Court of Central Jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians shall have the
authority to issue such warrants. An arrest warrant shall be in
writing and in the name of the Non-Removable Mille Lacs Band of
Chippewa Indians, specify the name or description and address, if
known, of the person to be arrested, state the date of issuance
of the warrant, describe the offense charged, be signed by the issuing
Justice, command that the person against whom the complaint was
made be arrested and brought before the Court issuing the warrant.
(b) A warrant to arrest shall be by a duly qualified enforcement
officer. No warrant to arrest shall be valid unless it bears the
signature of a duly qualified Justice of the Court of Central Jurisdiction
of the Non-Removable Mille Lacs Band of Chippewa Indians. The warrant
may specify the amount of bail.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §65.
§ 4102. Summons in lieu of warrant to arrest
When
authorized to issue a warrant of arrest, a duly qualified Justice
of the Court of Central Jurisdiction may, in lieu thereof, issue
a summons commanding the accused to appear before the Court at a
specified time and place, to answer to the charge. If a defendant
fails to appear in response to a summons, a warrant for his arrest
shall be issued.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §66.
§ 4103. Prerequisites for arrest
(a)
No law enforcement officer shall arrest any person for a violation
of 24 MLBSA Chapter 2 except when the officer shall have a warrant
signed by a Justice of the Court of Central Jurisdiction commanding
the arrest of such person, or the officer knows for a certainty
that such a warrant has been issued, or the offense shall occur
in the presence of the arresting officer, or the officer shall have
probable cause to believe that the person to be arrested has committed
an offense and the existing circumstances require an immediate arrest.
(b) When the accused has been arrested without a warrant, a complaint
shall be filed forthwith for the Court of Central Jurisdiction to
review as to whether probable cause exists to hold the accused,
and in no instance shall a complaint be filed later than at the
time of the arraignment.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §§67.01, 67.02.
§ 4104. Time of making arrest
An
arrest may be made on any day and at any time of day or night, except
that a person cannot be arrested pursuant to an arrest warrant,
in his/her home at night, unless so directed by the Justice in writing
on the arrest warrant.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §68.
§ 4105. Summons in lieu of arrest
When
otherwise authorized to arrest a suspect without a warrant, a law
enforcement officer may instead issue to such person a summons to
appear before the Court of Central Jurisdiction at a stated time
and place, and answer to the charge. The summons shall contain the
same information as a warrant, except that it may be signed by a
law enforcement officer. If a defendant fails to appear in response
to such a summons, a warrant for his/her arrest shall be issued.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §69.
§ 4106. Notification of rights at time of
arrest
Upon
arrest the suspect shall be advised of the following rights: that
he/she has the right to remain silent, that any statements made
by him/her may be used against him/her in Court, that he/she has
the right to obtain counsel at his/her own expense.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §70.
Cross
References
Assistance
of counsel, see 1 MLBSA §6.
Self-incrimination, see 1 MLBSA
§4.
§ 4107. Search warrants
(a)
Every Justice of the Court of Central Jurisdiction shall have authority
to issue warrants for search and seizure of the premises and property
of any person under the jurisdiction of the Court.
(b) No warrant of search and seizure shall be issued except upon
statement of fact sufficient to show probable cause that a search
will discover stolen, embezzled, contraband, or otherwise criminally
possessed property, property which has been or is being used to
commit a criminal offense, or property which constitutes evidence
of the commission of a criminal offense. Such probable cause shall
be supported by a written and sworn statement based upon reliable
information and particularly describing the place or things to be
searched and things to be seized.
(c) Warrants of search and seizure shall only be executed by law
enforcement officers. The executing officer shall return the warrant
to the Court of Central Jurisdiction within the time limit shown
on the face of the warrant, which in no case shall be longer than
ten days from the date of issuance. Warrants not returned within
such time limits shall be void.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §71.
Cross
References
Replevin,
seizure of property, see 24 MLBSA §3506.
§ 4108. Search without warrant
No
law enforcement officer shall conduct any search without a valid
warrant except incident to making a lawful arrest or with consent
of the person being searched, or person lawfully in possession of
the object or place to be searched, or who is reasonably believed
to be in lawful possession or when he/she has probable cause to
believe that the person searched may be armed and the officer conducts
a frisk search, or when the search is of a moving vehicle and the
officer has probably cause to believe that it contains contraband,
stolen or embezzled property.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §72.
Cross
References
Prohibited
drugs, possession in motor vehicle, see 23
MLBSA §7.
Seizure and confiscation, certain substances and vehicles containing
them, see 19 MLBSA §503.
§ 4109. Stop and frisk
(a)
A law enforcement officer may stop any person he/she observes in
circumstances that give the law enforcement officer reasonable cause
to suspect that the person has committed, or is committing, or is
about to commit an offense involving the use or attempted use of
force against a person, or theft, damage or destruction of property,
if the stop is reasonable necessary to obtain or verify an account
of the person's presence or conduct or to determine whether to arrest
the person.
(b) A law enforcement officer may stop any person he/she finds near
the scene of the offense that the law enforcement officer has reasonable
cause to suspect has just been committed if the law enforcement
officer has reasonable cause to suspect that the person has knowledge
of material facts needed to aid to the investigation of the offense,
or the stop is reasonably necessary to obtain or verify the person's
identity or an account of the offense.
(c) A law enforcement officer who has lawfully stopped a person
under this section may frisk that person and take other reasonable
cause to suspect that the person is armed and presently dangerous
to the law enforcement officer or another person present, and take
possession of any object that the law enforcement officer discovers
during the frisk if the law enforcement officer has probable cause
to believe the object is a deadly weapon.
(d) A law enforcement officer who has lawfully stopped a person
under this section may demand of the person his/her name and his/her
present or last address.
(e) A law enforcement officer who has lawfully stopped a person
under this section shall inform the person, as promptly as possible
under the circumstances, and in any case before questioning the
person, that he/she is a law enforcement officer and that the stop
is not an arrest, but rather a temporary detention for an investigation,
and that upon complete of the investigation the person will be released
unless he is arrested.
(f) After the authorized purpose of the stop has been accomplished
or 30 minutes have elapsed, whichever occurs first, the law enforcement
officer shall allow the person to go unless he/she has arrested
the person.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §73.
§ 4110. Inventory of seized property
Law
enforcement officers shall make an inventory of all property seized
by warrant or otherwise, and a copy of such inventory shall be left
with the persons from whom the property was taken.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §74.
Part
D
Preliminary
Proceedings
Section
4151. Time of arraignment.
4152. Reading of complaint and advice of rights.
4153. Appearance at arraignment.
4154. Receipt of pleas at arraignment.
4155. Record.
4156. Bail--Release prior to trial.
4157. Bail--Release by law enforcement officer.
4158. Dismissal.
4159. List of witnesses.
4160. Production of evidentiary materials for inspection.
4161. Notice of interposed defense.
4162. Suppression of evidence illegally seized or involuntary confession
or admission.
4163. Time to prepare for trial.
§4151. Time of arraignment
Arraignment
shall be held in open Court without unnecessary delay after the
accused is taken into custody, and in no instance, shall arraignment
be later than 72 hours after an accused is detained, taken into
custody, or held under the temporary commitment order signed by
a Justice of the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §75.01.
§ 4152. Reading of complaint and advice of rights
Before
an accused is required to plead to any criminal charge, the Justice
shall proved the accused with a copy of the complaint, read to the
accused and determined that he/she understands the complaint and
the section of the Mille Lacs Band Statutes Annotated which he/she
is charged with violating, including the maximum authorized penalty,
and advise the accused that he/she has the right to remain silent,
to secure bail, to be tried by jury, to cross-examine the witnesses
against him/her, to call witnesses in his/her behalf, to be represented
by counsel at his/her own expense and that the arraignment will
be postponed should he/she desire to consult with lay or professional
counsel.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §75.02.
§ 4153. Appearance at arraignment
The
accused has the right to appear personally for the arraignment;
however, the accused may elect to appear through counsel.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §75.03.
§ 4154. Receipt of pleas at arraignment
(a)
If the accused pleads "not guilty" to the charge, the
Justice shall then inform him/her of a trial date and set conditions
for bail prior to trial.
(b) If the accused pleads "guilty" to the charge, the
Justice shall determine that the plea is made voluntarily and that
the accused understands the consequences of the plea, including
the rights which he/she is waiving by the plea. The Justice may
then impose sentence, or defer sentencing for a reasonable time,
in order to obtain any information he/she deems necessary for imposition
of a just sentence. The accused shall be afforded an opportunity
to inform the Court of extenuating circumstances or facts in mitigation
of the sentence.
(c) If the accused refuses to plead, the Justice shall enter a plea
of not guilty on his/her behalf.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §76.
§ 4155. Record
The
Court must prepare and keep a record of all arraignment proceedings.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §76/03.
§ 4156. Bail--Release prior to trial
Every
person charged with any offense before the Court of Central Jurisdiction
shall be entitled to release from custody, pending trial under whichever
one or more of the following conditions is deemed necessary to reasonably
assure the appearance of the person at any time lawfully required:
(a)
Release on personal recognizance upon execution by the accused of
a written promise to appear at trial and all other lawfully required
times.
(b) Release to the custody of a designated person or organization
agreeing to assure the accused's appearance.
(c) Release with reasonable restrictions on the travel, association,
or place of residence of the accused during the period of release.
(d) Release after deposit by the accused or a bondsman of the bond,
in either cash or other sufficient collateral in an amount specified
by the Justice or bail schedule. The Justice, in his/her discretion,
may require that the accused post only a portion of the total bond.
The full sum becomes due if the accused fails to appear as ordered.
In all cases wherein the bail is determined to be necessary, bail
must be reasonable in amount and the amount shall be sufficient
to assure compliance with the conditions set forth in the bail,
not oppressive, commensurate with the nature of the offense charged,
considerate of the financial ability of an accused, considerate
of the defendant's record, employment status and family background.
(e) Release after execution of a bail agreement by two reliable
members of the Band who shall appear before a Justice of the Court
of Central Jurisdiction and execute whatever agreement is necessary
to assure the appearance of the person at any time lawfully required.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §77.
Cross
References
Excessive
bail, see 1 MLBSA §7.
§ 4157. Bail--Release by law enforcement
officer
Any
law enforcement officer authorized to do so by the Court of Central
Jurisdiction may admit an arrested person to bail pursuant to the
bail schedule or release upon personal recognizance. The law enforcement
officer shall have available a bail schedule prepared by the Court
of Central Jurisdiction which shall be used for setting money bond,
where such condition or release is deemed necessary. Any law enforcement
officer who refuses to release an accused on bail, or who specifies
a bail condition which the accused is unable to satisfy shall bring
such accused before a Justice of the Court of Central Jurisdiction
for review of the release conditions at the first available opportunity
and without unnecessary delay.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §78.
Cross
References
Excessive
bail, see 1 MLBSA §7.
§ 4158. Dismissal
The
Court may either on its own motion or upon the application of the
Solicitor General and in furtherance of justice, order a complaint
to be dismissed. The reasons for the dismissal shall be set forth
in an order entered upon the minutes.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §79.
§ 4159. List of witnesses
The
prosecution shall furnish the defendant a current list of witnesses
to be used in connection with the trial. This list shall include
the names and addresses of the witnesses.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §80.
§ 4160. Production of evidentiary materials for inspection
Upon
a motion of either party, within a reasonable time before trial,
the Court may require all parties to produce all documents, papers
or things which each party intends to use as evidence at the trial.
Inspection of such materials shall take place in the Court's presence.
The Court shall exclude from evidence all materials not presented
for inspection unless good cause is shown for failure to comply.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §80.01.
§ 4161. Notice of interposed defense
At
the time of entering a plea of not guilty, or later if for good
cause, the Court permit, the defendant shall furnish the prosecution
written notice of intent to interpose the defense of insanity, self-defense
or alibi. The defendant shall also furnish a list of witnesses to
be called in support of such defense.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §80.02.
§ 4162. Suppression of evidence illegally seized or involuntary
confession or admission
A defendant
may move the Court to suppress any confession or admission given
by him/her on the grounds that it was not voluntary. A defendant
may move the Court to suppress any evidence obtained by an unlawful
search and seizure. Such motions must be in writing and served upon
the prosecution before trial, unless good cause is shown. At least
10 days notice of such motions must be given upon hearing, if the
motion is granted, the confession, admission or evidence shall not
be admitted as evidence against the defendant.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §81.
§ 4163. Time to prepare for trial
After
plea, the defendant shall be entitled to a reasonable time to prepare
for trial.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §82.
Part
E
Trial
Section
4201. Jury trial.
4202. Order of procedure.
4203. Special instructions.
4204. Verdict.
§ 4201. Jury trial
Any
person accused of an offense for which imprisonment is a possible
penalty shall be granted a jury trial, upon his/her request made
at the time of arraignment. The Justice shall instruct the jury
with regard to the applicable law and the jury shall decide all
questions of fact on the basis of that law. The jury shall deliberate
in secret and return a verdict of guilty or not guilty. The Justice
shall render judgment in accordance with the jury verdict.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §83.
Cross
References
Jury
trial, generally, see 24 MLBSA §2014.
Right to jury trial, see 1 MLBSA
§10.
§ 4202. Order of procedure
The
rules of Court procedure relating to the conduct of trials shall
apply to trials held pursuant to this subchapter, with the additional
provisions set out in 24 MLBSA §§4203
and 4204.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §84.
§ 4203. Special Instructions
When
the evidence is concluded if either party desires special instructions
to be given to the jury, such party should submit them to the Justice
in writing. Outside the presence of the jury, the opposing party
or parties and their counsel shall have reasonable time to examine
the requested instructions and argue to the Court for their adoption
or rejection. The instructions shall then be settled by the Justice.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §84.01.
§ 4204. Verdict
After
the close of evidence, the Justice shall render a verdict or in
a jury trial, the Justice may direct a verdict of acquittal. Except
in case of directed verdict, the jury shall retire to determine
a verdict after the charge. All instructions, physical evidence
and notes taken by the jurors shall be available to them. The jury
shall remain in the charge of the bailiff appointed by the Court
until discharged by the Justice. During its deliberation, the jury
may return to Court to request further instructions from the Justice
or request that the Clerk read portions of the transcript of any
testimony in the case. The jury must render a verdict of "guilty"
by a two-thirds vote or "not guilty" on every allegation
in the complaint. After the verdict of the jury has been announced
to the Justice, or in case the jury is unable to reach a verdict,
the Justice shall discharge the jury.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §84.02
Part
F
Sentence
Section
4251. Acquittal.
4252. Penalties.
4253. Payment of fines by installments.
4254. Considerations in sentencing.
4255. Probation.
4256. Parolee.
Cross
References
Excessive
fines or cruel and unusual punishments, see 1
MLBSA §7.
Pardons and commutations of sentences, see 4
MLBSA §6.
§ 4251. Acquittal
If
a judgment of acquittal is rendered the defendant must be immediately
released.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §86.
§ 4252. Penalties.
(a)
Any person who has been convicted in the Court of Central Jurisdiction
of an offense shall be sentenced to one or a combination of the
following penalties:
(1)
Imprisonment for a period not to exceed the maximum permitted
by the provision defining the offense, which in no case shall
be greater than six months, and which can also include a work
or school release program.
(2) A money fine in an amount not to exceed the maximum permitted
by the provision defining the offense, which in no case shall
be greater than $5,000.00 per offense.
(3) Community Services for the benefit of the Band.
(4) Rehabilitative measures.
(b)
In addition or in lieu of any of the above penalties, the Court
may require an offender who has inflicted injury upon the person
or property of another to make restitution or compensate the injured
person through the surrender of the property, the payment of money
damages, or the performance of any other act for the benefit of
the injured party.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §§86.01, 86.02
Cross
References
Special
surcharge tax on fines, see 22 MLBSA
§509.
§ 4253. Payment of fines by installments
If
a convicted offender is unable to pay forthwith a money fine assessed
under 24 MLBSA §4252, the Court shall allow
him/her to make reasonable installment payments to the Clerk of
Court at specified intervals until the entire sum is paid, or sentence
him/her to labor for the benefit of the Band in order to discharge
a fine at the rate of $10.00 per day. If the offender defaults on
such payments the Court may fine him/her in contempt of Court and
imprison him/her accordingly, or after notice to the offender, collect
the unpaid balance from the offender's per capita payments or other
property.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §86.03
§ 4254. Considerations in sentencing
In
determining the character and duration of the sentence which shall
be imposed, the Court shall take into consideration the previous
conduct of the defendant, the circumstances under which the offense
was committed and whether the offense was malicious or willful,
and whether the offender has made efforts to make amend and shall
give due consideration to the extent of the defendant's resources
and the needs of his/her dependents.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §86.04.
§ 4255. Probation
(a)
Where a sentence of imprisonment has been imposed on a convicted
offender, the Court of Central Jurisdiction may in its discretion,
suspend the serving of such sentence and release the person on probation
under any reasonable conditions deemed appropriate by the Court,
provided that the period of probation shall not exceed the maximum
term of sentence set for such offense.
(b) Any person who violates the terms of his/her probation may be
required by the Court to serve the sentence originally imposed or
such part of it as the Court may determine to be suitable, giving
consideration to all the circumstances provided that such revocation
of probation shall not be ordered without a hearing before the Court
at which time the offender shall have the opportunity to explain
his/her actions.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §87.
§ 4256. Parolee
(a)
Any person who shall without misconduct, serve one-half of the sentence
imposed shall be eligible for parolee under such reasonable conditions
as set by the Court.
(b) Any person who violates the conditions of his/her parolee may
be required by the Court to serve the whole of the original sentence,
provided that such revocation of parolee shall not be ordered without
a hearing before the Court at which time the offender shall have
the opportunity to explain his/her actions.
Historical
and Statutory Notes
Source: Band Statute 1164-MLC-6, §88.
Part
G
Juvenile
Delinquency
Section
4301. Exclusion of public from hearing.
4302. Rights of accused.
4303. Disposition in lieu of sentence.
4304. Records.
4305. Violations heard in Criminal Division.
Cross
References
Contributing
to delinquency of minor, see 24 MLBSA §1260.
Juvenile offenders, see 8 MLBSA
§101 et seq.
Liquor violations, see 24 MLBSA §1258.
§ 4301. Exclusion of public from hearing
Whenever
the person under the ages of 14 years is accused of committing one
of the offenses of this Band Statute, the general public shall be
excluded from the hearing, except under petition of the juvenile,
the Court in its discretion, may hear and determine the case in
a public hearing.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §89.
§ 4302. Rights of accused
The
juvenile shall be entitled to have counsel with him/her at his/her
own expense, shall be allowed to present, confront and cross-examine
witnesses under oath, shall be entitled to adequate notice of charges
against him/her and the privilege against self-incrimination shall
apply to any statement the juvenile may have made before the trial
and at the trial. Adequate notice of the charges against a juvenile
shall also be given to the parents or guardian of the juvenile.
A standard of guilt to be employed is that the juvenile must be
found guilty beyond a reasonable doubt.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §89.01.
Cross
References
Civil
Rights Code, see 1 MLBSA §1
et seq.
§ 4303. Disposition in lieu of sentence
In
lieu of sentence the Court may place the juvenile under supervision
of a responsible person or institution, selected by the Justice
for a designated period or may take such other action as may be
deemed advisable in the circumstances.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §89.02.
§ 4304. Records
(a)
All law enforcement records concerning a juvenile except traffic
records, shall not be open to public inspection of their contents
disclosed to the public, unless ordered by the Court.
(b) All law enforcement records and records of the Court pertaining
to a juvenile shall be physically sealed when the youth reaches
the age of 18 years. These records shall not be open to inspection
except by a written order from the Court.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §89.04.
§ 4305. Violations heard in Criminal Division
Exceptions
to 24 MLBSA §4303 are that the following violations
may be heard in either the Criminal Division or the Human Resources
Division of the Court of Central Jurisdiction and the records may be
open to inspection if tried in either the Criminal Division on any traffic,
liquor law, or fish and game violation.
Historical
and Statutory Notes
Source:
Band Statute 1164-MLC-6, §89.05.
Cross
References
Natural
Resource Protection Code, enforcement, see 11
MLBSA §2601 et seq.
Traffic violations, 19 MLBSA §401
et seq.
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