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Sisseton-Wahpeton Sioux Tribe: Tribal Codes

Last updated: August 8, 1996



CHAPTER 20

JURISDICTION - CIVIL AND CRIMINAL



20-01-01 CIVIL JURISDICTION

20-01-02 The Tribe shall exercise civil jurisdiction over all civil matters involving the Tribe or any member of the Tribe and any other person or entity and that involves the transaction of any business or the commission of a tortious act on or within the Indian country within the exterior boundaries of the Lake Traverse Indian Reservation or on or within any other property related to or that involve a contract, wherever entered into, to supply goods or services on or within such Indian country. The Tribe shall also exercise civil jurisdiction over any person who commits a tortious act outside of such Indian country causing injury to the Tribe or any member of the Tribe on or within such Indian country, provided that such person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered on or within such Indian country, or expects or should reasonably expect the act to have consequences on or within such Indian country and derives substantial revenue from interstate or international commerce or from commerce with the Tribe.

20-01-03 Any person or entity employed by, doing business or engaging in commerce with the Tribe or any, political subdivision, agency or entity of the Tribe, including, but not limited to, the Tribal Council, any district, any department, board, commission, committee, the Tiospa Zina Tribal School, the Sisseton-Wahpeton Community College, the Dakota Western Corporation, and any gaming enterprise of the Tribe as an employee, agent, contractor, licensee, permittee, lessee, or otherwise shall, as a condition of such employment or agency, contract, license, permit, lease or other business or commerce formally consent to the civil regulatory jurisdiction of the Tribe, to the exclusive jurisdiction of the Tribe over any civil matter within the civil jurisdiction conferred by Section 20-01-02 and to comply with the laws of the Tribe while such person or entity is within the Indian country within the exterior boundaries of the Lake Traverse Indian Reservation.

20-01-04 Whenever the Tribe or any political subdivision, agency or entity of the Tribe has the authority to approve a license, permit, lease or agreement, each application for such license, permit, lease or agreement, shall require the applicant to execute an acknowledgment that acceptance of such license, permit, lease or agreement by the applicant constitutes the applicant's formal acquiescence to the civil jurisdiction of the Tribe. The acknowledgment shall be stated in bold face and with each letter of each word capitalized.

20-01-05 Each license, permit, lease or agreement issued by the Tribe or any political subdivision, agency or entity of the Tribe shall also contain a statement that in accordance with the licensee's, permittee's, lessee's or contractor's application, the licensee, permittee, lessee or contractor has formally acquiesced to the exclusive civil jurisdiction of the Tribe as a condition for such license, permit, lease or agreement.

20-01-06 A violation of the conditions of any license, permit, lease or agreement or of any law of the Tribe by any licensee, permittee, lessee or contractor while such person or entity, within the Indian country within the exterior boundaries of the Lake Traverse Indian Reservation, is engaged in any business or activity pursuant to such license, permit, lease or agreement or otherwise, shall subject the violator to civil fines and to forfeiture of any property used in the commission of such violation. The Tribal Council, any district, any department, board, or commission of the Tribe is authorized to adopt rules and regulations establishing a schedule of civil fines for violations of the laws or the licenses, permits, leases or agreements administered by such agency of the Tribe, and procedures governing the forfeiture of property used in the commission of such violations.

20-02-01 CRIMINAL JURISDICTION

20-02-02 The Tribe shall exercise criminal jurisdiction over all members of the Tribe and nonmember Indians who commit an offense defined in this Code within the Indian country within the exterior boundaries of the Lake Traverse Indian Reservation.

20-02-03 The Tribe shall exercise criminal jurisdiction over all non-Indians who commit an offense defined in this Code within the Indian country within the exterior boundaries of the Lake Traverse Indian Reservation whenever such nonmember formally acquiesces to such jurisdiction in return for the tribe's agreement not to exercise its power to exclude the offender from such Indian country.

20-02-04 Whenever the Tribe or any political subdivision, agency or entity of the Tribe has the authority to approve a license, permit, lease or agreement, each application for such license, permit, lease or agreement shall require the applicant to execute an acknowledgment that acceptance of such license; permit, lease or agreement by the applicant constitutes the- applicant's formal acquiescence to the criminal jurisdiction of the Tribe in return for the tribe's agreement that whenever such criminal jurisdiction is to be exercised, the Tribe will not exercise its power to exclude the offender from the Indian country subject to the tribe's jurisdiction. The acknowledgment shall be stated in bold face and with each letter of each word capitalized.

20-02-05 Each license, permit, lease or agreement issued by the Tribe or any political subdivision, agency or entity of the Tribe shall also contain a statement that in accordance with the licensee's, permittee's, lessee's or contractor's application, the licensee, permittee, lessee or contractor has formally acquiesced to the criminal jurisdiction of the Tribe.

20-02-06 In the exercise of criminal jurisdiction over a non-Indian offender, such offender shall be afforded the protections of the Bill of Rights of the Constitution of the United States, except that such offender, if indigent, shall not have the right to counsel appointed by the Tribal Court.

20-02-07 Notwithstanding the lack of any formal acquiescence by a non-Indian to the tribe's criminal jurisdiction, law enforcement officers of the Tribe shall have the authority to arrest a non-Indian who commits any offense defined in this Code or in the laws of the United States or the State of South Dakota or the State of North Dakota and detain such non-Indian pending the transfer of such non-Indian to the custody of a law enforcement officer of a jurisdiction having authority to prosecute such non-Indian for the commission of the offense.

20-02-08 The term "non-Indian" as used in this section includes any corporation, partnership, trust or other entity owned

or controlled by non-Indians. The term "agreement" as used in this section includes any contract, whether oral or written.

20-02-09 Any contraband or other property used in the commission
of an offense shall be forfeited to the Tribe.

20-03-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.

(Chapter 20 of the Tribal codes of Laws to replace and supersede Ordinance No. 79-02, Ordinance No. 79-02A, and Resolution No. 89-007.)


Sisseton-Wahpeton Sioux Tribe
Lake Traverse Reservation
P O. Box 569
Agency Village, South Dakota 57262
Phone (605) 698-3911

I, _____________ hereby consent to the civil and

criminal jurisdiction of the Sisseton-Wahpeton Sioux Tribe in

accordance with CHAPTER 20 of the tribe's Codes of Laws.

 

(DATE) (SIGNATURE)

 

I, hereby acknowledge receipt of a copy of CHAPTER 20 of said Codes of Laws.

(DATE) (SIGNATURE)


Sisseton-Wahpeton Sioux Tribe
of The
Lake Traverse Reservation
Sisseton, SD 57262

Ordinance No. SWST-ORD-79-02A

Now, therefore, be it ordained that for the purpose of interpreting and clarifying the jurisdiction of the Tribe of the Lake Traverse Reservation, established by the United States by a Treaty of February 19, 1867.

That, this ordinance is hereby proclaimed by the Sisseton-Wahpeton Sioux Tribe on this 8th day of March 1989 at a duly called meeting of the Tribal Council.

That, the Tribe, through its inherent and vested authority, will exercise jurisdiction over its members and non-members located within Indian Country and Indian Territory of the Lake Traverse Reservation as defined in the 1867 Treaty.

That, the Tribe will exercise jurisdiction over all members and nonmembers not only in Indian Country and Indian Territory, which includes, but is not limited to, all Trust lands, rivers, lakes, and BIA roads, but also includes the Cities of Sisseton and Peever, and the Housing Areas of Veblen and Waubay, in accordance with all applicable Tribal and Federal law.

CERTIFICATION

We, the undersigned duty elected Chairman and Secretary of the Sisseton-Wahpeton Sioux Tribe do hereby certify that the above amended ordinance was duly adopted by the Sisseton-Wahpeton Sioux Tribal Council, which is composed of 18 members, of whom 17 members, constituting a quorum, were present at a Tribal Council meeting duty noticed, called, convened, and held at TiWakan Center, Agency Village, South Dakota, on March 8, 1989, by a vote of 16 for, 0 opposed, 1 not voting, and that said Amended Ordinance has not been rescinded or amended in any way.

Dated this day of March 1989.

RUSSELL HAWKINS, Tribal Chairman
Sisseton-Wahpeton Sioux Tribe

MICHAEL I. SELVAGE, Tribal Secretary
Sisseton-Wahpeton Sioux Tribe


Sisseton-Wahpeton Sioux Tribe
of The
Lake Traverse Reservation
Sisseton, SD 57262

ORDINANCE N0. 79-02

NOW, THEREFORE, be it ordained that for the purpose of interpreting the jurisdiction of the Tribe of the Lake Traverse Reservation, established by the United States by a treaty of February 19, 1867.

THAT, this ordinance is hereby proclaimed by the Sisseton-Wahpeton

Sioux Tribe on this date of August 7, 1979, in the year of our Lord at a regular scheduled, duly-called meeting of the Tribal Council.

THAT, the Tribe with its vested authority will exercise jurisdiction over its members that are within Indian Country and Indian Territory, of the Lake Traverse Reservation Reservation of the 1867 Treaty.

THAT, the Tribe will exercise not only in Indian Country, Indian Territory, which includes all trust land, rivers, lakes, BIA roads, all members and nonmembers in accordance with applicable tribal and Federal Law.

THAT, the Tribe further declares that the Judicial System of the Tribe will provide equal protection and justice for its members under the Indian Civil Rights Act of Congress of the United States Government (as stated in Sisseton-Wahpeton Sioux Tribe Law and Order Codes).

So be it ordained.

CERTIFICATION

We, the undersigned duly elected Chairman and Secretary of the Sisseton-Adahpeton Sioux Tribal Council do hereby certify that the above Ordinance was duly adopted by the Sisseton-Wahpeton Sioux members, constituting a quorum, were present at a Tribal Council meeting noticed, called, convened, and held at TiWakan Center, Sisseton, South Dakota, on August 7, 1979, by vote of 14 for, 0 opposed, 1 not voting, and that said Ordinance has-not been rescinded or amended in any way.

Dated this 7th day of August, 1979.


Sisseton-Wahpeton Sioux Tribe
of The
Lake Traverse Reservation
Sisseton, SD 57262

Council Resolution No. SWST-89-007

WHEREAS, The Sisseton-Wahpeton Sioux tribe of the Lake Traverse Reservation is organized under Constitution and By-laws adopted by the members of the Tribe on August 1-2, 1966; approved by the Commissioner of Indian Affairs on august 25, 1966; and,

WHEREAS, Article VII, Section 1 of the Constitution authorizes the Tribal Council to : (a) represent the tribe in all negotiations with Federal, State, and local governments; (g) to take any action by ordinance, resolution or otherwise, to carry into effect the foregoing purposes; and, (h) to promote public health, education, charity, and other services as may contribute to the social advancement of the members of the Sisseton-Wahpeton Sioux Tribe and,

WHEREAS, Sisseton-Wahpeton Sioux Tribe desires to amend Ordinance 79-02.

NOW, THEREFORE, BE IT RESOLVED, that the Tribal Council of the Sisseton-Wahpeton Sioux Tribe hereby amends Sisseton-Wahpeton Ordinance No. 79-02 enacted on August 7, 1979 , to include "clarifying" jurisdiction and over "nonmembers" and both "members and nonmembers in the Cities of Sisseton and Peevar, and the Housing Areas of Veblen and Waubay" as stated in the attached Amended Ordinance No. SWST-ORD-79-02A.

CERTIFICATION

We, the undersigned duly elected Chairman and Secretary of the Sisseton-Wahpeton Sioux Tribe, do hereby certify that the above resolution was duly adopted by the Sisseton-Wahpeton Sioux tribal Council, which is composed of 18 members, of whom 17 members, constituting a quorum, were present at tribal council meeting duly noticed, called, convened, and held at TiWakan center, Agency village, South Dakota, on March 8, 1989, by a vote of 18 for 0 opposed, 1 not voting, and that said resolution has not been rescinded or amended in any way.

Dated this 8th day of March 1989.

Jerry Flute, Tribal Chairman
Sisseton-Wahpeton Sioux Tribe

Clayton Adams, Tribal Secretary
Sisseton-Wahpeton Sioux Tribe

References that apply to this Authority:

1. 1867 Treaty

2. Tribal Considerations

3. Supreme Court Rulings

A. DeCoteau
B. Oliphant
C. Martinez
D. Choctaw

4. Referendum vote of South Dakota 1964 Disclaimer Clause

5. Solicitor of the Interior Department

This proclamation shall be given to the governor of the State of South Dakota and North Dakota, County Commissioners of the seven counties that lie within Indian Country and Indian Territory of the Lake Traverse Reservation. This is to be extended to Bureau of Indian Affairs Jurisdictional Municipalities.

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