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to Table of Contents Yankton
Sioux Tribal Code
Last Revised: 1995 TITLE I - YANKTON SIOUX TRIBAL GENERAL PROVISIONS
Sec. 1-1-1 Constitutional Authority This Law and Order Code is adopted pursuant to the authority vested in the General Tribal Council under the Constitution of the Yankton Sioux Tribe.
This Law and Order Code shall be known as the Law and Order Code of the Yankton Sioux Tribe and may be referred to as the Code, or Yankton Sioux Code, and may be abbreviated as Y.S.T.
Any and all ordinances of the Tribal Council which conflict in any way with the provisions of this Law and Order Code are hereby repealed to the extent that they are inconsistent with or conflict with, or are contrary to the spirit and/or purpose of this Law and Order Code. All prior ordinances and resolutions of the Tribal Council dealing with the same subject matter as the titles of this Code are repealed as of the effective date of this Code.
This Law and Order Code may be amended, additions made hereto, or deletions made therefrom in the manner provided for the adoption of Tribal Council ordinances. Amendments and additions to this Law and Order Code shall become a part thereof for all purposes and shall be codified and incorporated herein in a manner consistent with the numbering and/or annexion hereof.
Sec. 1-2-1 Courts Established 1. There is hereby established a Yankton Sioux Tribal Supreme Court which may be referred to as the Appellate Court, to handle all appeals from the Tribal Court and Tribal Juvenile Court as provided elsewhere in this Law and Order Code. The Supreme Court shall consist of three Justices. 2. There is hereby established a Yankton Sioux Tribal Court, which may be referred to as the Tribal Court, to handle all matters of a judicial nature not specifically placed within the jurisdiction of some other judicial forum. The Yankton Sioux Tribal Court shall be a court of general, civil and criminal jurisdiction and shall hear appeals from decisions of the Tribal Council and all Tribal administrative bodies. 3. There is hereby established a Yankton Sioux Tribal Juvenile Court, which may be referred to as the Tribal Juvenile Court, to handle all matters as set forth in the Juvenile Code contained in this Law and Order Code.
1. There shall be appointed:
2. The appointment, qualifications, terms of office, and compensation to be received by such judges shall be determined by the Tribal Business and Claims Committee, provided, however, that a judge once appointed shall not have his compensation decreased during his term of office, and provided further that no judge shall be suspended or removed from office prior to the expiration of his term, except as provided hereinafter. 3. Judges may be appointed to successive terms of office.
Any judge may be removed from office prior to the expiration of his term of office by the majority vote of the Tribal Council only upon the grounds of neglect of duty or gross misconduct, and only after the holding of a public hearing at which the judge, after being given not less than five days notice, is given an opportunity to answer all charges and present evidence in his own defense.
1. Judges shall administer justice and discharge all duties imposed upon them by law and shall hear and decide matters of a judicial nature and enter judgments and orders disposing of such matters. In the absence of the Court Clerk, a Judge may perform the clerk's duties in addition to his own and may receive cash bail or bonds whenever a clerk or other authorized person is not available. 2. The Chief Judge shall be responsible for the administration of all courts, except the Tribal Juvenile Court which shall be administered by the Juvenile Court Chief Judge, and shall supervise all probation and parole officers. In addition, the Chief Judge shall be responsible for the assignment of cases and the management of the Court's calendar and business. The Chief Judge shall designate an Associate Judge to act as Chief Judge in his absence. 3. All judges of the Courts of the Yankton Sioux Tribe shall conform their conduct to the Code of Judicial Conduct as adopted by the American Bar Association until such time as a Yankton Sioux Tribe Code of Judicial Conduct is adopted by the Tribal Bar Association or the Tribal Judges' Association. 4. Every judicial officer has power to:
1. A Judge shall disqualify himself from hearing any matter in which he has a direct interest or in which any party to the matter is a relative by blood, in the fourth degree (first cousins), or where he feels that he will not be able to render a just decision. 2. Any party to a legal proceeding may request a change of assignment of judges to hear the proceeding by filing a written affidavit of Prejudice giving sufficient, reasonable grounds why the judge assigned should not hear the case. Such affidavit shall be presented to the Judge assigned to hear the case who shall rule on the sufficiency of the affidavit, and, if sufficient, either disqualify himself or turn the affidavit over to the Chief Judge or some other judge for a decision as to whether a different Judge should be assigned.
1. Every Judge, prior to taking office or acting in such office, shall take the following oath or affirmation: I, __________________, do solemnly swear (affirm) that I will support, defend, and uphold the Yankton Sioux Tribal Constitution, By-laws and Treaties of the Yankton Sioux Tribe; that I will support, uphold and enforce the Law and Order Code of the Yankton Sioux Tribe, and that I will faithfully and impartially discharge the duties of my office to the best of my ability. 2. Said oath may be administered by a member of the Tribal Business and Claims Committee or a Tribal Supreme Court Justice.
1. There shall be a clerk of the Tribal Juvenile Court and two clerks of the Tribal Court, one of whom shall be designated by the Chief Judge as the Clerk of the Tribal Supreme Court. Additional assistant clerks may be appointed by the Tribal Council if such is deemed necessary. 2. The appointment, qualifications, terms of office and compensation of clerks shall be determined by the Tribal Council.
It shall be the duty of the Clerks of the Tribal Courts to supervise and keep all records, files, dockets or other records required to be kept by this Code, by rule of the Court, Tribal resolution or as otherwise established, and further to keep a written record of all proceedings of the Court, to administer oaths, to collect and account for all fines, bail or bond money, fees or other charges which cause money to come to the Court, to deposit and account for all such moneys in the manner prescribed by the Tribal Council, and to disburse such money as authorized by law. The Clerks shall further assist the Court in any way required to facilitate the performance of its duties, to aid the police or private citizens in their dealings with the Court, and may render advice and assistance to individual members of the Tribe or their counsel in the drafting of documents incidental to proceedings in the Courts:
1. Every Clerk shall take the following oath upon assuming office: I, _________________, having been appointed Clerk of the Yankton Sioux Tribal (Juvenile) Court, do solemnly swear (affirm) that I will truly, faithfully, honestly, and impartially discharge all of the duties of my office to the best of my ability and understanding. 2. Such oath shall be administered by a Judge of the Tribal Court.
The Tribal Business and Claims Committee may, at such time as it appears reasonably necessary for the efficient functioning of the Court, appoint a Court Administrator whose job it will be to aid the Chief Judge in administering the courts, the scheduling of cases and processing of papers for scheduled cases, and do such other things as the Tribal Business and Claims Committee or Chief Judge directs to assure the orderly and efficient operation of all Tribal Courts. Sec. 1-2-11 Probation and Parole Officers 1. The Tribal Business and Claims Committee shall appoint one or more persons to be Probation and Parole Officers and shall determine the qualifications, terms of employment and compensation of such officers. 2. Probation and Parole Officers, subject to the supervision of the Chief Judge, shall have the responsibility of assuring the faithful performance of probation or parole agreements by persons subject thereto, counseling such persons and their families, preparing presentence or other reports as requested by a Tribal Judge, and doing such other things as may be directed by a Tribal Judge or otherwise required by law.
3. A Probation and Parole Officer shall have the authority of a police officer to make arrests for violation of probation or parole agreements.
1. All Judges and Clerks shall be bonded, at Tribal expense, in amounts determined by the Tribal Council, to secure the honest performance of their duties.
Sec. 1-3-1 Acts or Failure to Act Which Constitute Contempt of Court The following acts or failures to act may serve as the basis for finding an individual or other entity in contempt of court: 1. Disorderly, contemptuous, or insulting behavior toward a Judge while holding Court, which tends to interrupt the course of the proceedings or undermine the dignity of the Court. 2. A breach of the peace, or loud boisterous conduct which tends to interrupt the course of a judicial proceeding. 3. Deceit, or abuse of process or proceedings of the Court by a party or counselor to a judicial proceeding. 4. Disobedience to a lawful judgment, order or process of the Court. 5. Assuming to be an officer, spokesman or other official of the Court and acting as such without authority. 6. Rescuing or taking any person or property from the Court or an officer acting under Court order, contrary to the order of the Court. 7. Unlawfully detaining or otherwise interfering with a witness or party to an action while such person is going to or from a Court proceeding or attending Court. 8. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness. 9. Any other interference with the process, proceeding, or dignity of the Court or a Judge of the Court while in the performance of his official duties.
1. A civil contempt is prosecuted to preserve, protect, enforce or restore the duly adjudicated rights of a party to a civil action against one under legal obligation to do or refrain from doing something as a result of a judicial decree or order.
2. Relief in a civil contempt proceeding may be coercive or compensatory in nature as to the complaining party and may include a fine payable to the Court or to the complaining party or imprisonment of the party in contempt to secure compliance, or both.
1. Conduct which is directed at, or is detrimental to, the dignity and authority of the Court is a criminal contempt. 2. Criminal contempt is an offense which may be punishable, at the discretion of the Court based on the nature of the conduct in question, with a fine of up to five hundred dollars $500.00 and/or up to six (6) months in jail.
1. 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 such may be adjudged and punished summarily. 2. All other contempts shall be determined by a hearing at which the person accused of contempt is given notice and an opportunity to be heard.
Sec. 1-4-1 Jurisdiction, Tribal Policy It is hereby declared as a matter of Tribal policy, that the public interest and the interests of the Yankton Sioux Tribe demand that the Tribe provide itself, its members, and other persons living within the territorial jurisdiction of the Tribe as set forth in the 1858 "Treaty with the Yankton Sioux," (11 Stat. 743) with an effective means of redress in both civil and criminal cases against members and non-Tribal members who through either their residence, present business dealings, other actions or failures to act, or other significant minimum contacts with this Reservation and/or its residents commit criminal offenses against the Tribe or incur civil obligations to persons or entities entitled to the Tribes protection. This action is deemed necessary as a result of the confusion and conflicts caused by the increased contact and interaction between the Tribe, its members, and other residents of the Reservation and other persons and entities over which the Tribe has not previously elected to exercise jurisdiction. The jurisdictional provisions of this Code, to insure maximum protection for the Tribe, its members and other residents of the Reservation, should be applied equally to all persons, members and non-members alike.
The Jurisdiction of the Courts of the Yankton Sioux Tribe shall extend to the territory within the exterior boundaries as set forth in the 1858 "Treaty with the Yankton Sioux" (11 Stat. 743) and to such other lands without such boundaries as may hereafter be added to the Reservation or held in Trust for the Tribe under any law of the United States or otherwise.
1. As used in these jurisdictional provisions, the word "person" shall include any individual, firm, company, association, or corporation. 2. Subject to any contrary provisions, exceptions or limitations contained in either federal law, the Tribal Constitution, or as expressly stated elsewhere in this Code, the Courts of the Yankton Sioux Tribe shall have civil and criminal jurisdiction over the following persons:
Subject to any contrary provisions, exceptions, or limitations contained in either federal laws and regulations, the Tribal Constitution, or as expressly stated elsewhere in this Code, the Tribal Court shall have jurisdiction over any real or personal property located on the Reservation to determine the ownership thereof or rights therein or to determine the application of such property to the satisfaction of a claim for which the owner of the property may be liable.
Subject to any contrary provisions, exceptions, or limitations contained in federal law or the Tribal Constitution, the Courts of the Yankton Sioux Tribe shall have jurisdiction over all civil causes of action and over all offenses prohibited by this Code except the Courts of the Yankton Sioux Tribe shall not assume jurisdiction over any civil or criminal matter which does not involve either the Tribe, its officers, agents, employees, property or enterprises, or a member of the Tribe, member of a federally recognized tribe, if some other forum exists for the handling of the matter and if the matter is not one in which the rights of the Tribe or its members may be directly or indirectly affected.
The jurisdiction involved by this Code 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, any state, or any political subdivision thereof; provided, however, this Code does not recognize, grant, or cede jurisdiction to any political or governmental entity in which jurisdiction does not otherwise exist in law.
1. The Courts of the Yankton Sioux Tribe shall have exclusive original jurisdiction in all matters in which the Yankton Sioux Tribe or its officers or employees are parties in their official capacities. 2. Nothing contained in the preceding paragraph or elsewhere in this Code shall be construed as a waiver of the sovereign immunity of the Tribe or its officers or enterprises unless specifically denominated as such.
Sec. 1-5-1 Lay Counsel 1. Any person appearing as a party in any judicial proceeding before a Court of the Yankton Sioux Tribe shall have the right to be represented by a lay counselor (not a professional attorney) and to have such person assist in the preparation and presentation of his case. 2. The Yankton Sioux Tribe shall have no obligation to provide or pay for such lay counselors and such obligation shall rest entirely with the person desiring such a counselor. 3. Any person appearing as a lay counselor shall be subject to the same ethical obligations of honesty and confidentiality towards his client and the Court as would a professional attorney, and the attorney-client testimonial privilege shall apply in appropriate circumstances. 4. Lay counselors shall be deemed officers of the Court for purposes of their representation of a party and shall be subject to the disciplinary authority oŁ the Court in all matters relating to their representative capacity.
Any person appearing as a party in any civil or criminal action shall have the right to be represented by a professional attorney of his own choice and at his own expense; provided, however, that the Yankton Sioux Tribe has no obligation to provide or pay for such an attorney; provided further, that any such attorney appearing before the Courts of the Yankton Sioux Tribe shall have first obtained admission to practice before such Courts in accordance with the procedures set forth herein.
Any attorney who is an active member in good standing of the South Dakota State Bar, or any attorney certified and eligible to practice before the highest court of any other state or of the Supreme Court of the United States is eligible to be admitted to practice before the Courts of the Yankton Sioux Tribe.
1. Any professional attorney desiring to be admitted to practice before the courts of the Yankton Sioux Tribe shall apply for admission by certifying under oath, either verbally or in writing to the following:
2. An admission fee of $75.00 shall be tendered with the application, subject to return if the application is denied. The fee shall be waived for attorneys employed by the Tribe and for others upon tribal council resolution. The fee shall go into a special Bar Admission Fund to be used for training of tribal court staff, lay counselors and other officers of the Tribal Court. If a Yankton Sioux Tribal Bar Association is formed, then that association shall assume responsibility and control for the collection and expenditures of these fees. The Tribal Court or, if organized, the bar association shall retain the right to establish and require the taking of a bar examination for admission to practice before the Yankton Sioux Tribal Court. 3. Upon receipt of an application for admission to practice before the Courts of the Yankton Sioux Tribe, the Chief Judge shall review the application and may, but need not, 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 such person who may then appear in person to take the oath prescribed herein or may subscribe his signature to such oath and forward it to the Chief Judge. 4. Upon the taking of the oath, either orally or in writing, the Chief Judge shall cause a certificate to be issued evidencing the admission of the attorney to practice before the Courts of the Yankton Sioux Tribe. 5. Any person denied admission shall have a right to appeal and have a due process hearing before the Tribal Supreme Court.
1. Whenever it is made to appear to the Chief Judge that any attorney admitted to practice before the Courts of the Yankton Sioux Tribe has been disbarred or suspended from the practice of law in the State of South Dakota or other state to which reference for admission to practice was made as a condition to obtaining admission to practice before the Tribal Courts, he shall immediately be given notice at his last known address that he shall be suspended from practice before the Courts of the Yankton Sioux Tribe for an indefinite period unless he appears within five (5) days and shows good cause why such order should not be made. 2. Any judge who finds an attorney admitted to practice before the Courts of the Yankton Sioux Tribe to be in contempt of Court may, in addition to any other sanction imposed, order the attorney to appear within ten (10) days and show cause why he should not be suspended from practicing before the Courts of the Yankton Sioux Tribe. 3. The Chief Judge may, upon receiving a written, verified complaint which indicates that an attorney admitted to practice before the Courts of the Yankton Sioux Tribe has acted in an unethical or otherwise improper manner while functioning as an attorney, order such attorney to appear and defend himself at a hearing, to hear all evidence relevant to the matter, and may order the suspension of such an attorney if such appears reasonably necessary or appropriate. If the Chief Judge is the complainant, another trial judge shall hear and decide the matter. 4. All suspensions from practicing before the Courts of the Yankton Sioux Tribe shall be for an indefinite period unless the Judge specifically orders otherwise. An attorney suspended for an indefinite period, or one suspended for a specific period, may petition the Tribal Court for permission to re-apply for permission to practice at the end of one year or the specific period of suspension, and such permission shall be granted if it is made to appear, at a hearing or otherwise as the Court shall direct that he has been adequately reproved and now appears willing to conduct himself in a proper manner, and that the petitioner has been reinstated to practice if previously disbarred or suspended in another jurisdiction. 5. Any person appearing as lay counsel for another may be suspended from further appearances as such for misconduct or improper behavior by any Judge upon the same conditions of notice and hearing provided professional attorneys.
1. Every attorney admitted to practice before the Courts of the Yankton Sioux Tribe, and every lay counsel employed or appointed to represent another before such courts when acting in such capacity or in matters in any relation thereto shall conform his conduct in every respect to the requirements and suggested behavior of the Code of Professional Conduct as adopted by the American Bar Association. 2. Both professional attorneys and lay counselors who hold themselves out as being available to act as such have a responsibility to accept as clients and represent without compensation or without full compensation, such persons as a Judge of a Tribal Court feels have particularly urgent needs for such representation but are personally unable to afford to pay for such legal help.
1. Upon admission to practice as provided herein, an attorney shall take the following oath, either verbally before the Court, or subscribe his signature to such oath if admitted without personally appearing: I do solemnly swear (affirm): That I will support and defend the Constitution and By-laws, Law and Order Code and all resolutions and ordinances of the Yankton Sioux Tribe; that I will maintain the respect due the Courts and Judicial officers of the Yankton Sioux Tribe; that I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; that I will employ for such purposes of maintaining the cause confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement or fact or law; that I will maintain the confidences and preserve inviolate the secrets of my client, and will accept no compensation in connection which his business except from him or with his knowledge and approval; that I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required in justice by the cause with which I am associated; that I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed or delay any man's cause for lucre or malice. SO HELP ME GOD. 2. A lay counselor hired, retained or appointed to represent another before any Court of the Yankton Sioux Tribe, shall take the foregoing oath at the time of his first appearance in Court.
Any tribal Judge may waive the formal admission procedure and payment of the fee as required herein in the case of an attorney, not a resident of the State of South Dakota, making an appearance for the limited purpose of a single, specific case, and if such attorney is associated in such case with an attorney or counselor who is formally admitted to practice before the Courts of the Yankton Sioux Tribe or upon stipulation of the Tribal Prosecutor in a criminal proceeding.
Sec. 1-6-1 Eligibility for Jury Duty 1. Any enrolled member of the Yankton Sioux Tribe, between the ages of 21 and 70, who has not been convicted of a felony or a Class A offense under this Code, and who resides on the Yankton Sioux Indian Reservation, shall be eligible to be a juror. Judges, other officers or employees of the Court, attorneys and lay counselors shall not be eligible to be jurors. 2. The Chief Judge may by rule adopt procedures whereby non-enrolled Indians and non-Indians may be summoned for jury duty in cases involving one or more non-Indian parties involved.
Each year, the Tribal Council, or the Clerk of Courts, at the direction of the Tribal Council, shall prepare a list of eligible jurors, which list shall contain not less than fifty (50) names and which shall contain the names of persons from each community and Reservation district, prorated according to the relative population of the communities and districts.
1. The Clerk shall subpoena not less than twenty (20) persons from the list of eligible jurors to appear and be available to serve as jurors whenever a jury trial is scheduled in a civil or criminal matter. 2. The
selection from the list of eligible jurors shall be by lot or some other
means of random, impartial selection.
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