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White Mountain Apache Tribal Code

Received: 2009

Chapter One - General Provisions



SECTION 1.1 DEFINITIONS

[derived from ordinance no. 118, part 1. definitions]

In this code, unless the context otherwise requires, or unless otherwise defined for a particular purpose herein:

A. "Adult" means a person who is eighteen (18) years of age or older.

B. "Code" or "Tribal Code" means the White Mountain Apache Tribal Code, as adopted by the White Mountain Apache Tribal Council.

C. "Council" or "Tribal Council" means the White Mountain Apache tribal Council duly assembled.

D. "Indian" means any person of Indian descent who is a member of a federally recognized Indian Tribe according to the laws of that Tribe, and any other person recognized by federal law as an Indian for any purpose, and denotes both the singular and the plural.

E. "Member" means an enrolled member of the White Mountain Apache Tribe.

F. "Non-Member" means any person who is not a member.

G. "Non-Indian" means a person who is not an Indian.

H. "Person" means a natural person, Indian or non-Indian, and where relevant, a corporation, partnership, or unincorporated association.

I. "Property" means both real and personal property.

J. "Reservation" means the area within the exterior boundaries of the Fort Apache Indian Reservation.

K. "Tribal Court" means the Court of the White Mountain Apache Tribe.

L. "Tribal Judge" means a judge of the Tribal Court of the White Mountain Apache Tribe and includes regular and visiting judges of the trial court, the juvenile court, and the Court of Appeals.

M. "Tribe" means the White Mountain Apache Tribe, an unincorporated association organized under Section 16 of the Indian Reorganization Act, 25 U.S.C. §476, et seq., (48 Stat. 984) its enterprises, subdivisions, and departments, and its agents acting within the scope of their authority.

N. "Visiting Judge" means a Judge of another Indian Tribe, a former Judge of the White Mountain Apache Tribe, or a state or federal Court Judge, magistrate, or justice of the peace who has been designated by the Chief Judge of the Tribal Court to hear and determine a case.

O. "Signature" means the name of a person in his handwriting or printing, or his mark or thumbprint witnessed by two persons who sign their names as witnesses to his making of the mark or thumbprint.

SECTION 1.2 PRINCIPLES OF CONSTRUCTION

The following principles of construction apply to the Tribal Code unless a different construction is obviously intended or is necessary to obtain a reasonable result:

A. Masculine words shall include the feminine, and singular words shall include the plural, and vice versa.

B. Words shall be given their plain meaning and technical words shall be given their usually understood meaning where no other meaning is specified.

C. This Code shall be construed as a whole to give effect to all its parts in a logical, consistent manner.

D. If any provision of this Code or the application of any provision to any person or circumstance is held invalid, the remainder of this code, and its application to any other person or circumstance shall not be affected thereby and to this end the provisions of this Code are severable.

E. All other issues of construction shall be decided using generally accepted principles of construction to effect the underlying principles and purposes of this Code.

SECTION 1.3 AUTHORITY

This compilation of the laws of the White Mountain Apache Tribe, which is to be known as the White Mountain Apache Tribal Code, is adopted pursuant to the authority vested in the White Mountain Apache Tribal Council by virtue of its inherent tribal sovereignty and the Constitution and Bylaws of the White Mountain Apache Tribe.

SECTION 1.4 REFERENCES TO THE TRIBAL CODE

This Code may be referred to as the White Mountain Apache Tribal Code, or where the context suitably identifies it, as the Tribal Code. Subdivisions of this Code which are identified by a name referring to the particular body of law they contain may be identified by that name, for example, Game and Fish Code.

SECTION 1.5 PRIOR ORDINANCES REPEALED

All prior ordinances are hereby repealed. Any and all resolutions or other enactments of the Tribal Council which conflict with the provisions of the Tribal Code are hereby repealed to the extent of such conflict.

SECTION 1.6 AMENDMENTS

This Code may be amended by the adoption of ordinances by the Tribal Council. Amendments shall become a part of this Code for all purposes and shall be codified and incorporated into the Code in a manner consistent with its numbering and organization.

SECTION 1.7 SOVEREIGN IMMUNITY

The White Mountain Apache Tribe, as a sovereign government, is absolutely immune from suit, and its Tribal Council, officers, agents, and employees shall be immune from any civil or criminal liability arising or alleged to arise from their performance or non-performance of their official duties. Nothing in this Code shall be deemed to constitute a waiver of the sovereign immunity of the White Mountain Apache Tribe except as expressly provided herein or by action of the Tribal Council.

SECTION 1.8 ADOPTION OF FOREIGN LAW BY REFERENCE OR INCORPORATION

A. The adoption of any law or other document into this Code by reference or incorporation shall not constitute a waiver or cession of any sovereign power of the White Mountain Apache Tribe to the jurisdiction whose law is adopted, or in any way diminish such sovereign power, but shall result in the law becoming the law of the White Mountain Apache Tribe.

B. Whenever a law or other document of another jurisdiction is adopted by reference or incorporation as White Mountain Apache law, the omission of any part of that law from the portion adopted shall not be construed as a negative statement regarding the principles embodied in the omitted part, unless such a negative statement is expressly made.

C. Whenever a law or other document of another jurisdiction is adopted by reference or incorporation as White Mountain Apache law, the decisions of the courts of that jurisdiction interpreting such law or other document shall not be binding on the White Mountain Apache Tribal Courts unless this Code expressly so provides, but shall be considered as merely advisory.

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