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to Table of Contents Nez
Perce Tribal Code
Last amended: 2003 Title 1 - General Provisions
PRELIMINARY PROVISIONS § 1-1-1 Definitions The following definitions will apply to this code:
This code shall be known as the Nez Perce Tribal Code and may be cited as "N.P.T.C."
This code is adopted pursuant to the authority vested in the Nez Perce Tribal Executive Committee under Article VIII of the Constitution and By-laws of the Nez Perce Tribe.
Any ordinances or codes previously adopted by the Nez Perce Tribal Executive Committee which are in conflict with this code are hereby repealed.
In this code:
Except for files and records in adoptions, incompetency proceedings, juvenile court matters and records sealed by court order, the files and records of the courts of the Nez Perce Tribe shall be open for public inspection. The Court may authorize inspection of closed files and records upon motion and showing of extraordinary need.
When, pursuant to this code:
(a) The Court shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules. (b) All acts or proceedings other than trials upon the merits may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the district; but not hearing, other than one ex parte, shall be conducted outside the district without the consent of all parties affected thereby. (c) All motions and application in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the Court are grantable of course by the clerk; but the clerk's action be suspended or altered or rescinded by the Court upon cause shown. (d) Immediately
upon the entry of an order or judgment the clerk shall serve a notice
of the entry by mail in the manner provided for in this code upon each
party who is not in default for failure to appear, and shall make a
note in the docket of the mailing. Any party may in addition serve a
notice of such entry in the manner provided in this code for the service
of papers. Lack of notice of the entry by the clerk does not affect
the time to appeal or relieve a party for failure to appeal within the
time allowed except as authorized by the Court. JURISDICTION § 1-1-9 Scope and Extent The judicial power of the Nez Perce Tribe shall be vested in the tribal judiciary of the Nez Perce Tribe, and shall extend to all cases and controversies in law and equity, arising under the Constitution, By-laws, laws and regulations of the Nez Perce Tribe, or to which an Indian or Indian owned property is a party.
(a) The territorial jurisdiction of the Nez Perce Tribe shall include all land within the exterior boundaries of the Nez Perce Reservation as defined under Article III of the Nez Perce Tribe's Constitution and By-laws, and to the greatest extent permissible by law, such other lands as have been or may be added to the reservation, held in trust by the United States for the Nez Perce Tribe or its members or which consist of usual and accustomed fishing locations of the Nez Perce Tribe or open and unclaimed lands. (b) The jurisdiction of the courts of the Nez Perce Tribe shall extend beyond the Nez Perce Tribe's territorial jurisdiction as set forth above to the extent permissible by law.
The Nez Perce Tribal Court shall have original jurisdiction over all:
(a) The Nez Perce Tribe shall have civil jurisdiction over:
(b) The Nez Perce Tribe shall have criminal jurisdiction over:
ESTABLISHMENT OF COURTS; JUDGES AND OTHER COURT PERSONNEL § 1-1-13 Establishment of Court There is hereby established the Nez Perce Tribal Court. The Court shall exercise the jurisdiction of the Nez Perce Tribe including any civil, criminal or juvenile action.
The Nez Perce Tribal Court shall consist of one chief judge and as many associate judges as the Nez Perce Tribal Executive Committee shall appoint.
(a) The Nez Perce Tribal Executive Committee shall appoint for a probationary term of ninety (90) days, a chief judge and one or more associate judges who shall be empowered to act in the absence of the chief judge. During such probationary term, the chief judge or any associate judge may be removed by the Nez Perce Tribal Executive Committee without cause. (b) Following satisfactory completion of their probationary term, judges may be appointed by NPTEC to a regular term of four years; provided that during such term, a chief judge or associate judge may be removed by NPTEC for cause. (c) Any judge may be reappointed for any number of terms by the Nez Perce Tribal Executive Committee. Any judge who is not subject to removal for cause may be reappointed for a subsequent term of 4 years. (d) All appointed judges of the Tribal Court shall be required to complete 45 hours of legal and/or judicial training a year as a minimum for continuing judicial education.
(a) Any person who has attained the age of twenty five years, has graduated from an accredited law school, is a member of the bar of any state and has at least three years of experience as a judge shall be eligible to serve as chief judge of the Tribal Court. When there are otherwise equally qualified candidates for chief judge, those persons who have experience in tribal courts will be given preference in hiring decisions. (b) Any person who has attained the age of twenty five years, has graduated from an accredited law school and is a member of the bar of any state shall be eligible to serve as an associate judge of the Tribal Court. Prior experience as a judge or in litigation shall be preferred. (c) The chief judge may appoint a tribal court judge from another tribe as a judge pro tempore of the Nez Perce Tribal Court as necessary. A judge pro tempore shall meet the minimum requirements of an appointed associate judge. (d) No person having been convicted of a crime shall be eligible to be chief judge or associate judge of the Tribal Court.
(a) The chief judge shall have general supervisory powers over the Tribal Court. (b) The
chief judge, may assign an associate judge or a judge pro tempore to
hear and (c) The
chief judge shall be responsible for administration of the courts, shall
assign (Addition of subsection (d) and (e) adopted by NPTEC 5/28-29/02) (d) The chief judge shall prescribe all necessary rules concerning:
The rules shall be approved by the Nez Perce Tribal Executive Committee prior to becoming effective and shall be consistent with the provisions of this Code. (e) On a annual basis, the chief judge with the assistance of the associate judges shall submit a report to the Nez Perce Tribe Office of Legal Counsel of recommended amendments to the Nez Perce Tribal Code, which are deemed necessary for the efficient function of the Tribal Court, the Tribal Court of Appeals, and the exercise of justice.
(a) In
order to remove a judge of the Tribal Court or a justice of the Court
of Appeals (b) Sufficient cause for such action shall include any of the following:
(c) The
complaint shall be investigated by an independent investigator hired
by the (d) A hearing
shall be held by NPTEC within ten (10) business days after its receipt
of (e) The
court clerk shall report any removal for cause under this section to
the state (f) The chief judge shall periodically review the qualifications of all judges and justices to ensure that continue to be qualified to continue in their duties.
(a) A judge shall disqualify himself from acting in any judicial proceeding in which he has any direct interest or when any party in the proceeding is a relative by marriage or blood in the first or second degree. A judge may otherwise disqualify himself when he believes he is unable to be an impartial fact finder in any case. (Subsection
(b) amended by NPTEC action 5/28-29/02)
(c) In case of death, illness, incapacity or removal of an associate or pro tempore judge during the course of a trial, the chief judge shall order a new trial and designate another judge to preside.
(a) The
Nez Perce Tribal Court of Appeals is hereby established and granted
(b) Any person who has attained the age of twenty five years, has graduated from an accredited law school, is a member in good standing of the bar of any state, and has at least three years of legal experience shall be eligible to serve as a justice for the Nez Perce Court of Appeals. (c) The
chief judge shall nominate all candidates to serve as justices to the
Nez Perce (d) Justices of the Nez Perce Court of Appeals are subject to removal for cause as provided in NPTC § 1-1-18. (e) A justice shall disqualify himself from acting in any judicial proceeding in which he has any direct interest or when any party in the proceeding is a relative by marriage or blood in the first or second degree. A justice may otherwise disqualify himself when he believes he is unable to be unbiased in any case.
(f) In
case of death, illness, incapacity or removal of a justice, the Chief
Judge shall
(a) The court clerk and any deputy clerks shall be appointed in accordance with tribal policies and procedures. (b) The court clerk and any deputy clerks shall:
The court clerk and any deputy clerks shall:
NPTEC shall appoint a Indian child welfare worker to carry out the duties and responsibilities set forth in this code and to perform such other duties in connection with the care or custody of children as the Court may require.
A case worker shall be a case worker or social worker employed by or authorized to act on behalf of the tribe to carry out the duties and responsibilities set forth in this code and to perform such other duties in connection with the welfare of individuals as the Court may require.
The Nez Perce Tribal Court and all courts established under this chapter may from time to time prescribe rules for the conduct of court business. Such rules shall be consistent with and supplement the rules of procedure and other provisions of this code. Copies of such rules shall be made available for public inspection and copying.
§ 1-1-26 Selection of Jury Panel In January of each year, the court clerk shall select at least fifty (50) names from the list of eligible jurors and each shall be notified of his or her selection. This selected list shall comprise the trial jury list for the ensuing year from which jury panels shall be selected from time to time. A jury panel shall consist of not less than eighteen (18) names. The selection from the list of eligible jurors shall be by lot or some other means of random impartial selection.
Those persons who are selected to serve on a jury panel shall be notified at a reasonable time prior to the trial date and the notice shall state the date, time and place they are to report for jury duty. Written notice shall be mailed, or delivered to the prospective juror in person and proof of service filed.
For good cause shown, the judge may exempt any person from jury service.
Tribal members who are actively sitting as Nez Perce Tribal Executive Committee members shall be exempt from jury service.
(a) The court clerk shall be responsible for developing a list of eligible jurors annually. (b) The jury list shall be drawn from the names of all tribal members residing within the 1855 reservation boundaries who are eighteen (18) years or older and any tribal employee eighteen (18) years or older.
Each juror who is called and reports for jury duty or who serves on a jury shall be entitled to receive such fees for daily service and/or mileage if any, as established by court rule.
(a) A jury shall consist of six (6) persons seated by the judge selected from the jury list. The Court may allow one or two additional jurors to be chosen as alternate jurors. In the event an alternate juror is chosen he shall be treated as a regular juror in all respects unless dismissed by direction of the Court prior to the jury's deliberation. (b) When the jury has been seated, the jurors' oath shall be administered by the judge.
The verdict of the jury may be rendered by a majority vote of four (4) jurors in a civil case, but must be unanimous in a criminal case. In the event the jury shall be unable to agree upon a verdict within a reasonable period of time and shall declare to the Court that they are hopelessly deadlocked, the Court shall declare a mistrial and discharge the jury. In the event a mistrial is declared and the jury discharged, the case shall be set for a new trial before a different jury as soon as practicable unless the prosecution should move the Court for dismissal of the case, and such motion is granted by the Court.
The Court may order the jury to view the premises where the offense or other material facts occurred. The Court may order the discharge of a juror who becomes sick or is otherwise unable to perform his duty and substitute an alternate juror. In the absence of an alternate and the failure of the parties to stipulate to continue the trial with five (5) or less jurors, the jury shall be discharged and a new jury shall be formed to hear the case.
(a) Prior to voir dire examination by the attorneys of the parties, the Court may conduct a preliminary examination of all prospective jurors. Following examination of the jury by the Court, if any, the plaintiff and defense, in that order, shall have the opportunity to ask questions of the prospective jurors to determine if there is any reason why a particular candidate for the jury should not be seated as a juror. (b) Either party may challenge any prospective juror for cause based upon bias or inability to sit as a fair and impartial juror. The Court shall make all final determinations of law and fact on any challenges for cause. The number of challenges for cause by either party is unlimited. (c) A person is unable to sit as a fair and impartial juror under this section if he:
(d) A person is biased under this section if he has a state of mind in reference to the case, or to either of the parties which in the exercise of a sound discretion on the part of the Court, leads to the inference that he will not act with entire impartiality. (e) When both sides have completed their voir dire questioning of the prospective jurors and alternates, each side shall exercise its preemptory challenges. Each party shall have four (4) peremptory challenges with which they may disqualify any prospective juror and need not state any reason for so doing.
After the six (6) members of the jury and the alternate, if applicable, have been selected and seated, the Court shall administer an oath by which the jury swears or affirms that it will act fairly and impartially in the trial it will hear.
§ 1-1-36 Attorneys - Admission (a) Any person appearing as a party in any civil, criminal or juvenile action shall have the right to be represented by an attorney of his own choice at his own expense. (b) Any attorney who is licensed to practice in any state or the District of Columbia is eligible to be admitted to practice before the courts of the Nez Perce Tribe. (c) To practice before the courts of the Nez Perce Tribe, an attorney must pay a $50.00 fee and certify:
(d) Upon receipt of an application for admission to practice before the courts of the Nez Perce Tribe, the chief judge shall review the application and may investigate into the truth of the matters contained therein. If satisfied that the applicant meets the qualifications set forth herein, the chief judge shall notify the attorney that he has been admitted to practice. (e) The chief judge shall require any attorney admitted to practice before the courts of the Nez Perce Tribe to take the following oath either orally or in writing:
(f) An attorney may appear in person to take the oath prescribed herein or may subscribe his signature to the oath and forward it to the chief judge. Upon administering the oath, the Court shall issue a certificate of admission to practice before the courts of the Nez Perce Tribe.
(a) The chief judge may suspend or disbar any attorney from practice before the courts of the Nez Perce Tribe after due notice and a hearing if such attorney shall be found guilty of the following:
(b) All suspensions and disbarments from practicing before the Nez Perce Tribal Court shall be for a period as determined by the judge. (c) The court clerk shall report all suspensions and disbarments from the Tribal Court to the licensing authority of each jurisdiction in which the affected attorney is licensed. (d) Any attorney who has been suspended from the Nez Perce Tribal Court may appeal to the Nez Perce Tribal Court of Appeals.
As an annual condition to maintaining the privilege to practice before the courts of the Nez Perce Tribe an attorney shall pay a fee of $25.00. Any attorney failing to pay such annual fee shall forfeit the right to practice before the courts of the Nez Perce Tribe until formally readmitted.
A judge of a court of the Nez Perce Tribe may waive the formal admission procedure and payment of the annual fee as required herein only on motion of an attorney making an appearance for the limited purpose of a single, specific case, and only if such attorney is associated in such case with an attorney who is formally admitted to practice before the courts of the Nez Perce Tribe. Any attorney wishing to appear in Tribal Court under this section shall submit a $50.00 filing fee with the motion provided above.
The clerk of the Court of the Nez Perce Tribe shall maintain a roster of all attorneys admitted to the Tribal Court.
Any person who has obtained a legal intern license under the Idaho State Bar Commission Rules shall be eligible to practice in the Nez Perce Tribal Court provided the supervisory attorney of any such person is eligible to practice before the Court. A legal intern admitted to practice before the Tribal Court under this section shall be considered an attorney while engaged in such practice and for the purposes of this code.
(a) The Nez Perce Tribal Executive Committee may appoint an attorney as prosecutor for the Nez Perce Tribe. No such attorney shall be appointed as prosecutor unless the appointee is admitted to practice before the Court as provided herein. (b) While the prosecutor shall be under the general supervision of the NPTEC chairman, the type of cases prosecuted and the manner in which prosecution is conducted will remain independent from NPTEC's influence. The prosecutor is authorized to represent the tribe in the prosecution of all civil infractions, criminal prosecutions, and juvenile matters. The prosecutor shall make all final decisions on the submission of complaints or other legal action to be taken in the prosecution of cases.
§ 1-1-43 Acts or Failures to Act Which Constitute Contempt of Court Any person may be held in contempt of court for any of the following reasons:
(a) A civil contempt consists of the omission or refusal to perform an act that is yet in the person's power to perform, or a past act which violates a Tribal Court rule or the authority of the Court. (b) Relief in a civil contempt proceeding may include:
(a) Criminal contempt is a past act which knowingly or willfully violates a Tribal Court rule or the authority of the Court. (b) Criminal contempt is an offense which may be punishable by a fine or imprisonment.
(a) A direct contempt is one committed in the presence of the Court or so near thereto as to be disruptive of the Court proceedings, and as such may be adjudged and punished summarily. (b) All other contempts shall be determined at an outside hearing. Notice of the hearing shall be given orally by the judge in open court in the presence of the defendant, upon the filing of a complaint by the prosecutor, by an order to show cause or the issuance of an arrest warrant. The notice shall state:
(c) In proceedings involving other than direct contempt cases:
§ 1-1-47 Sovereign Immunity (addition authorized 10/9/01) (a) Except when explicitly and unequivocally provided in this Code or specifically waived by a resolution of the Nez Perce Tribal Executive Committee specifically referring to such a waiver, the Nez Perce Tribe shall be immune from suit in any civil action, and its officers and employees immune from suit for any liability arising from the performance of their official duties. b) Any waiver of sovereign immunity shall be narrowly construed and any ambiguities in any waiver of sovereign immunity shall be construed in favor of the Nez Perce Tribe.
§ 1-1-48 Choice of Law (a) When choosing what law applies, the Tribal Court and Tribal Court of Appeals shall apply the law of the Tribe except to the extent that federal law governs. In construing and applying the Nez Perce Tribal Code or other tribal regulations, ordinances, or resolutions, the Tribal Court and Tribal Court of Appeals shall consider Nez Perce Tribal Code or other tribal regulations, ordinances, or resolutions first and secondly, tribal case law. (b) To the extent no law of the Tribe is applicable, the Tribal Court and Tribal Court of Appeals shall consider and, if appropriate, apply customs and traditions of the Tribe as they are relevant to the controversy. (c) The Tribal Court and Tribal Court of Appeals may consider other tribal and federal laws and procedures as persuasive authority in ruling on questions of procedure and case law of other tribal and federal courts as persuasive authority in ruling on questions of substance. In the absence of any persuasive tribal or federal authority, the Tribal Court and Tribal Court of Appeals may look to the statutes or case law of the states for guidance.
§ 1-2-1 Scope and Purpose (a) The purpose of this chapter is to provide an alternative means of resolving disputes for the parties to appropriate civil law suits. Specifically, this chapter will allow individuals to save time and costs by reaching early resolution of cases in an informal setting without sacrificing the quality of justice. (b) This chapter shall apply only to claims for money damages of $3,500 or less including interest or property disputes in which the property involved is valued at $3,500 or less. No appeal shall be available from the judge’s decision under this chapter and the losing party shall be responsible for the payment of court costs.
(a) A party may petition the Tribal Court for a hearing under this chapter or, at any time prior to trial, request that rather than continue with formal litigation proceedings the matter be submitted to small claims proceedings. (b) A request or petition for small claims proceedings shall be submitted to the Tribal Court in writing, signed by the party submitting the request or petition and shall include:
(c) If formal litigation proceedings have already been instigated and based upon the best interest of all parties involved and whether significant and complex issues of law exist, the judge, prior to the date set for trial:
(a) Upon petition to the Court, all small claims proceedings are subject to mandatory court-ordered mediation established pursuant to NPTC chapter 1-3 prior to any hearing. (b) If no agreement is reached through mediation, the Mediator shall file a written report signed by the parties with the Court stating that the parties were unable to reach an agreement and the clerk shall set a date for a small claims hearing within twenty (20) business days after the Mediator contacts the court. The date for hearing shall not be changed except for extreme and unanticipated emergencies as established in writing and approved by the judge assigned to the case. The Court shall issue a notice of the petition or request for transfer which shall be served upon the other party in the manner provided by the Rules of Civil Procedure. (c) At least ten (10) business days prior to the hearing, each party shall submit a detailed summary of his position together with copies of all documents including medical reports, bills, records, photographs and any other materials supporting the party's claim to the opposing party by certified mail and the clerk of the Court. (d) Each individual party shall attend the hearing in person. Corporations, governmental bodies, or other entities, shall be represented at the hearing by an officer or other person. Attorneys shall be barred from participating in any small claims proceedings. During the hearing, the parties may call and subpoena witnesses and present evidence on their behalf. Following the hearing, the Court shall decide the matter in dispute and issue a judgment.
§ 1-3-1 Scope and Purpose The purpose of this chapter is to provide an alternative means of resolving disputes for the parties to certain civil law suits. Specifically, this chapter will allow individuals to save time and costs by reaching early resolution of cases in an informal setting without sacrificing the quality of justice. Mediation is a process by which a neutral mediator appointed by the court or agreed to by the parties in reaching a mutually acceptable agreement. The role of the mediator is to aid the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, and finding points of agreement. The decision made is that of the parties, not of the mediator. No appeal shall be available from an agreement reached by the parties under this chapter.
(a) All small claims cases defined in NPTC chapter 1-2 are subject to mandatory court-ordered mediation prior to trial. (b) All civil domestic relations matters involving a controversy over custody or visitation of minor children are subject to mediation by agreement of the parties prior to trial. (c) The Court has the discretion to order mediation in other civil cases prior to trial where the Court believes such mediation is in the best interests of all the parties and is not otherwise inappropriate under the facts of the particular case. (d) The parties to any civil action may petition the Tribal Court for mediation at any time prior to trial. (e) Matters involving housing or gaming disputes, employment termination, domestic relations matters where domestic violence is alleged, and any dispute where there is a risk of severe prejudice to a party from delay are exempt from this Chapter.
(a) The parties to a civil action who have petitioned the Court for mediation shall submit their request to the Tribal Court in writing, signed by all parties to the dispute including:
(b) The judge:
(c) Any action may be exempt or withdrawn from mediation by the presiding judge at any time upon a determination that, for any reason, the case is not suitable for mediation.
(a) The chief judge shall compile a list to be maintained by the clerk of court of persons certified as mediators. An individual may be certified as a mediator if he:
(b) The chief judge may require additional training of certified mediators if deemed necessary and appropriate. (c) Mediators shall be paid a fee of $10.00 per day and shall be reimbursed for expenses reasonably incurred. At the time when the mediator files his report, or when a case is withdrawn from mediation, the mediator shall submit a voucher on the form prescribed by the clerk for payment of compensation and reasonable expenses necessarily incurred in the performance of his duties. In determining whether actual expenses incurred are reasonable, the mediator shall be guided by the limitations placed upon travel and subsistence expenses of tribal employees in accordance with tribal policy and procedures. All mediator costs shall be borne by the parties. Where the court orders mediation, the party’s filing fee shall be applied to the costs of the mediator.
A certified mediator may be chosen to mediate a dispute by written agreement of the parties. If the parties do not select a mediator one shall be appointed by the chief judge.
(a) A mediator shall be disqualified to preside at mediation if he:
(b) Any person whose name appears on the roster maintained in the clerk's office may ask at any time to have his name removed or, if selected to serve, decline to serve, but remain on the roster. (c) Complaints regarding mediators shall be made to the chief judge in writing and shall be treated as any complaint against a judge of the Nez Perce Tribe.
(a) The mediator shall contact the parties to schedule an initial meeting within twenty (20) business days after the case is referred to mediation. (b) At least ten (10) business days prior to the meeting, each party shall submit a detailed summary of his position together with copies of all documents including, bills, records, photographs and any other materials supporting the party's claim to the mediator and the opposing party by means of certified mail. (c) Each individual party shall attend the meeting in person. Corporations, governmental bodies, or other entities, shall be represented at the hearing by an officer or other person with complete settlement authority. Attorneys shall be barred from participating in any mediation proceedings except to assist their clients in filing complaints against mediators or petitions for protective orders. (d) The parties may upon obtaining the advance consent of the mediator, bring with them such other persons, not including their attorney, as will tend to further the resolution of the issues of the case. (e) The conduct of the meeting shall be within the discretion of the mediator. The mediator shall define and describe the process of the mediation, confidentiality, the duties and requirements of the mediator and the parties, the fact that any agreement reached will be reached by mutual consent of the parties, and the ability of the parties to seek advice of counsel. The mediator shall objectively listen to the positions of the parties and assist the parties in reaching a settlement of all or some of the issues of the case. (f) Mediator meetings may be held at the Tribal Court or other room in a tribally owned building made available to the mediator by the clerk's office. When no such room is available, the meeting shall be held at any other suitable location selected by the mediator. In making the selection, the mediator shall consider the convenience of the parties. (g) [Reserved] (h) The mediator shall be authorized to establish reasonable rules and issue orders necessary to make the meeting productive and may with the agreement of the parties, hold additional meetings to attempt resolution of the issues.
Any party in a mediation proceeding may petition the Court in writing for an order to terminate the mediation process. Upon receipt of the petition, the Court shall grant the request and issue an order lifting the stay of proceedings in the litigation.
(a) If an agreement is reached during the mediation, the mediator shall file a report with the clerk's office not more than five (5) business days following the date of the agreement. The clerk shall serve copies of the report filed on the parties. (b) The mediators report shall be in writing, signed by the mediator and shall include:
(c) A copy of any agreement between the parties, shall be signed by the parties and appended to the mediator's report. (d) Promptly
upon the filing of the mediator's report and the parties' agreement
with the clerk, the Court shall review the documents and enter judgment
thereon if the Court finds the agreement to be consistent with the laws
of the Nez Perce Tribe and is satisfied that the parties entered into
the agreement knowingly and freely. The judgment shall have the same
force and effect as any judgment of the Tribal Court in a civil action.
§ 1-4-1 Definitions (a) "BIA-NIA" means the North Idaho Agency of the Bureau of Indian Affairs. (b) "OLC" means the Office of Legal Counsel of the Nez Perce Tribal Executive Committee. (c) "Subcommittee" means the Law and Order Subcommittee of the Nez Perce Tribe.
(a) A proposed amendment to the Nez Perce Tribal Code shall be in writing and presented to the OLC. Any proposed amendment shall include:
(b) Upon receipt of the amendment, the OLC shall research the code and other applicable laws to determine if conflicting provisions exist. Upon completion of this review, the OLC shall submit the amendment to the subcommittee along with OLC comments including the identification of any conflicting code provisions or other laws and any appropriate legislative history. (c) Following receipt of the proposed amendment and comments from the OLC, the subcommittee shall determine whether the amendment is meritorious. If so, at least fifteen (15) business days prior to subcommittee action on the proposed amendment, it shall post in a conspicuous location in Lapwai, Kamiah, and Orofino:
(d) The subcommittee shall determine whether to hold a public hearing on the amendment. Such determination may be based upon the potential controversy related to the proposal or whenever the subcommittee otherwise determines that additional public input would be useful and constructive. If a hearing is to be held, the subcommittee shall post in a conspicuous location in Lapwai, Kamiah and Orofino:
(e) The public comment provisions of this chapter shall not apply when the subcommittee determines that a proposed amendment is an interpretive rule, general statement of policy, or rule which addresses the internal management of the Nez Perce Tribe so long as such a rule does not substantially affect the legal rights of, or procedures available to, the public or any segment thereof.
(f) After the end of the comment period, if any, the subcommittee shall work with the OLC to produce an acceptable draft of the amendment by incorporating any comments determined to be meritorious by the subcommittee and any subcommittee directives and converting the proposed amendment into the appropriate code and resolution format. (g) Once an acceptable draft is produced, the subcommittee shall present it to NPTEC along with a summary of written public comments, the public hearing record, if any, and its own recommendations and/or comments related to the proposed amendment. (h) Following presentation of the amendment to NPTEC, it shall approve, reject or re-submit the amendment to the subcommittee with further instructions. NPTEC shall make the final determination of any matter related to the amendment including whether public comment must be provided or whether to hold a public hearing. (i) Following approval of an amendment by NPTEC, NPTEC staff shall present it to the office of the superintendent of the BIA-NIA for review as provided in the Constitution and By-laws of the Nez Perce Tribe Art. VIII, Section 3. (j) Following the enactment of an amendment, NPTEC staff shall:
(k) Within twenty (20) business days following receipt of the adopted amendment from NPTEC staff, the OLC shall submit pre-codification notices to a pre-determined list of individuals who have copies of the code and have requested updates. Actual codification shall be conducted annually, according to a schedule determined by the subcommittee.
(a) The regular amendment process shall not apply when NPTEC determines that prompt action is necessary for the preservation of life, health, property, order or natural resources. Emergency amendments may only be proposed by NPTEC, the NPTEC chairman or the subcommittee and shall be submitted to the OLC. (b) The OLC shall research the code and other applicable law to determine if conflicting provisions exist. Following OLC review, it shall present the amendment to the subcommittee along with OLC comments, any conflicting code provisions, appropriate legislative history and the rationale for an emergency amendment. If necessary, the NPTEC chairman may direct that an emergency amendment be submitted directly to NPTEC without subcommittee review. (c) Following presentation of the emergency amendment to the subcommittee, it shall work with the OLC to produce an acceptable draft of the amendment by incorporating any subcommittee directives and converting the proposed amendment into the appropriate code and resolution format. (d) Once an acceptable draft is produced, the subcommittee shall present it to NPTEC along with any recommendations and/or comments related to the proposed amendment. Emergency amendments shall be reviewed by NPTEC following receipt of the amendment from the subcommittee. If necessary, the NPTEC chairman may call a special NPTEC meeting for this purpose. During such review, NPTEC shall adopt, reject or return the amendment to the subcommittee with further modifications and/or instructions. (e) Following approval of an emergency amendment by NPTEC, NPTEC staff shall present it to the office of the superintendent of the BIA-NIA for review as provided in the Constitution and By-laws of the Nez Perce Tribe Art. VIII, Section 3. (f) Following enactment of an emergency amendment, NPTEC staff shall:
(g) An emergency amendment shall be effective immediately for a period of not longer than ninety (90) business days thereafter unless during that time it is enacted as a regular amendment pursuant to this chapter.
The time period from the initial submission of a proposed amendment to the OLC to posting and indexing of an enacted amendment shall not exceed ninety (90) business days for regularly adopted amendments and shall not exceed forty (40) business days for emergency amendments. The chairman of the subcommittee shall ultimately be responsible for the oversight, enforcement and coordination of the procedures under this chapter.
In the event the Constitution and By-laws of the Nez Perce Tribe are amended to eliminate BIA review and approval of amendments to the code, the provisions related to such review and approval in this chapter are hereby repealed and all amendments shall be enacted upon approval by NPTEC.
(a) All available members of the subcommittee shall attend hearings scheduled for the purpose of taking both oral and written public comment on proposed amendments. (b) The chairman of the subcommittee shall preside over the proceedings. During the hearing the chairman shall:
(c) Written comments shall be presented to the chairman of the subcommittee following the hearing. Such comments shall be presented to NPTEC at the time of NPTEC review of the proposed amendment.
§ 1-5-1 Limitations in General (amended 8/24/99) (a) Any action or prosecution under this code must be commenced within the periods prescribed in this chapter except when a different limitation is prescribed by tribal law. (b) The period of limitation shall not run during any period in which a party is not physically on the Nez Perce Reservation, is in the custody of another sovereign, or in any way knowingly avoids service.
(a) A complaint shall be filed within five (5) years following the commission of a criminal offense. (b) The period of limitations shall commence upon the commission of the offense, except that the period of limitations will commence on the date that the Tribe knows or should reasonably know of the offenses commission for:
(c) The period of limitation shall not run during any period in which the defendant is not physically on the Nez Perce Reservation, is in the custody of another sovereign, or in any way knowingly avoids service.
An action upon any contract, obligation or liability founded upon an instrument in writing shall be commenced within five (5) years. An action upon a contract obligation or liability not founded upon an instrument of writing shall be commenced within four (4) years.
(a) The following actions shall be commenced within (3) years:
(a) The following actions shall be commenced within two (2) years:
The limitations prescribed in this chapter apply to actions brought in the name of the Tribe, or for the benefit of the Tribe, in the same manner as to actions by private parties.
An action for relief not otherwise provided for in this chapter must be commenced within four (4) years after the cause of action shall have accrued.
An action is commenced within the meaning of this chapter when the complaint is filed.
(a) If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either:
(b) If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues, either:
(c) No person can avail himself of a disability unless it existed when his right of action accrued. When two (2) or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.
When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of war is not part of the period limited for the commencement of the action.
If an action is commenced within the time prescribed therefor and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one (1) year after the reversal.
When the commencement of an action is stayed by injunction or prohibition under this code the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
This chapter
does not affect actions against directors or stockholders of a corporation
to recover a penalty or forfeiture imposed, or to enforce a liability
created by law; but such actions must be brought within three (3) years
after the discovery by the aggrieved party of the facts upon which the
penalty or forfeiture attached, or the liability was created.
(Chapter added 10/24/00) § 1-6-1 Title This chapter shall be known as the Civil Rights Act of the Nez Perce Tribe.
The Nez Perce Tribe in exercise of its sovereign powers of self government shall not:
The members
of the Nez Perce Tribe are guaranteed full disclosure of information
concerning criminal and civil proceedings in which they are a party,
pursuant to §1-1-6 of Chapter 1-1, Administration of Tribal Court of
the Nez Perce Tribal Code.
(Chapter adopted 10/9/01) § 1-7-1 Findings (a) The Nez Perce Tribe has a compelling interest in protecting tribal sovereignty and jurisdiction and the validity of tribal laws; and (b) Tribal sovereignty and jurisdiction or the validity of tribal law may be questioned in cases in the Tribal Court or the Nez Perce Tribal Court of Appeals in which the Nez Perce Tribe or any agency, officer, or employee thereof is not a party; and (c) With adequate, timely, and uniform notice of cases in the Tribal Court or the Nez Perce Tribal Court of Appeals that question tribal sovereignty and jurisdiction or the validity of tribal law, the Nez Perce Tribe can effectively assess whether and how to participate in such cases.
The purpose of this Chapter is to provide the Nez Perce Tribe with adequate, timely, and uniform notice of any and all cases in the Tribal Court or the Nez Perce Tribal Court of Appeals that question tribal sovereignty and jurisdiction or the validity of any tribal law and in which the Nez Perce Tribe or any agency, officer, or employee thereof is not a party.
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