Pawnee Tribe of Oklahoma, Law and Order Code
Updated: 2005
TITLE I - TRIBAL COURTS
Table of Contents
Chapter 1. District Court
Chapter 2. Supreme Court
Chapter 3. Court Clerk
Chapter 4. Chief of the Tribal Police - Process
Chapter 5. Bonds and Sureties
Chapter 6. Miscellaneous
Section 1. Authorization
There is hereby established, ordained, and activated pursuant to the
Constitution of the Pawnee Tribe of Oklahoma a Judicial Branch of
the Government of the Pawnee Tribe of Oklahoma with a lower Court
known as the District Court and an upper Court known as the Supreme
Court.
Section 2. Definitions
The following words have the meanings given below when used in this
Act, unless a different meaning is obvious from the context:
(a) "Clerk"
shall mean the Clerk of the Court
(b) "Code" shall mean the Statutory laws of the Tribe.
(c) "Constitution" shall mean the Constitution of the Tribe.
(d) "District Court" shall mean the lower or general trial Court operating
within the jurisdiction of the Tribe.
(e) "He", "him", and "his" shall mean the masculine, feminine and
neuter forms as appropriate unless a particular masculine, feminine
or neuter form is necessary for the phrase to have meaning.
(f) "Jurisdiction" shall mean the Indian Country within the territorial
jurisdiction of the Tribe.
(g) "Supreme Court" shall mean the Court of last resort to which appeals
may be taken from the District Court. The judicial decisions of the
Supreme Court are final and are not subject to further appeal.
Section 3. Territorial Jurisdiction
The Territorial Jurisdiction of the Courts shall extend to all territory
described as Indian Country, within the meaning of Section 1151 of
Title 18 of the United States Code, over which the Tribe has authority,
including tribal or individual, trust, non-trust and restricted land,
and including all land owned by tribal agencies in their own name,
all waters, minerals and wildlife, and any other such land, or interest
in land, which may be subsequently acquired by virtue of an Executive
Order, a declaration or regulation of the United States Department
of Interior, a declaration or order of a Court of competent jurisdiction,
by purchase, gift, relinquishment, or by any other lawful means.
Section 4. Civil Jurisdiction
The Courts shall have general civil jurisdiction over all civil actions
arising under the Constitution, laws, or treaties of the Tribe including
the tribal common law, over all general civil claims which arise within
the tribal jurisdiction, and over all transitory claims in which the
defendant may be served within the tribal jurisdiction. Personal jurisdiction
shall exist over all defendants served within the territorial jurisdiction
of the Court, or served anywhere in cases arising within the territorial
jurisdiction of the Tribe, and all persons consenting to such jurisdiction.
The act of entry within the territorial jurisdiction of the Court
shall be considered consent to the jurisdiction of the Court with
respect to any civil action arising out of such entry. The act of
entry upon the territorial jurisdiction by an extraterritorial seller,
merchant, or their agent(s) shall be considered consent by the seller
or merchant to the jurisdiction of this Court for any dispute arising
out of any sale or commercial transaction regardless of where the
sale or transaction was entered into or took place.
Section 5. Criminal Jurisdiction
The Courts shall have original jurisdiction over all criminal offenses
enumerated and defined in any ordinance adopted by the Tribe insofar
as not prohibited by federal law.
Section 6. Probate Jurisdiction
To the extent permitted by federal law the Courts shall have probate
jurisdiction over all the real and personal property located within
the jurisdiction of the Court at the time of death, and the personal
property, wherever located, of any person who is domiciled within
the boundaries of the jurisdiction of the Court at the time of death.
Section 7. Juvenile Jurisdiction
The Juvenile Division of the District Court shall have exclusive original
jurisdiction in all proceedings and matters affecting dependent or
neglected children, children in need of supervision, or children under
the age of eighteen (18) accused of crime, when such children are
found within the jurisdiction of the Court, or when jurisdiction is
transferred to the Court pursuant to law. The Supreme Court shall
hear appeals in juvenile cases as in other civil actions.
Section 8. Law to Be Applied
The Courts shall apply the Tribal Constitution, and the provisions
of all statutory law heretofore or hereafter adopted by the Tribe.
In matters not covered by Tribal Statute, the Court shall apply traditional
tribal customs and usage's, which shall be called the Common Law.
When in doubt as to the Tribal Common Law, the Court may request the
advice of counselors and tribal elders familiar with them. In any
dispute not covered by the Tribal Constitution, Tribal Statute, or
Tribal Common Law, the Court may apply any laws of the United States
or any State which would be cognizable in the courts of general jurisdiction
therein, and any regulation of the Department of Interior which may
be of general or specific applicability. Upon this Code becoming effective,
neither Part 11 of Title 25 of the Code of Federal Regulations, except
those Sections thereof which are effective when the Tribe receives
certain funding from the Bureau of Indian Affairs, nor State law shall
be binding upon the Court unless specifically incorporated into tribal
law by Tribal Statute or be a decision of the Tribal Courts adopting
some federal or state law as Tribal Common Law.
Section 9. Amendments
The Tribal legislative body shall have the authority to alter, amend,
or repel any provision of this Act or to add new sections to this
Act in its discretion.
Section
101. Judges of the District Court
The District Court shall consist of the Chief Judge, and such District
Judges, Special Judges, and Magistrates as may be appointed according
to law.
Section 102. Minimum Qualifications of Judge of the District Court
A Judge shall, in order of preference:
(a) be
an attorney who is
(1) an enrolled member of the Pawnee Tribe, actually domiciled within the territorial jurisdiction of the Tribe, or
(2) the parent, child, or spouse of an enrolled member of the Pawnee Tribe, domiciled within the territorial jurisdiction of the Tribe, or
(3) a non-member Indian domiciled within , the territorial jurisdiction of the Pawnee Tribe, or
(4) an Indian graduate of an American Bar Association approved Law School, or a Paralegal program approved by the Supreme Court; or
(5) an attorney who is a non-Indian, or
(6) a lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of five years, or
(b) have demonstrated moral integrity and fairness in his business,
public and private life, and
(c) have never been convicted of a felony or an offense punishable
by banishment, whether or not actually imprisoned or banished, and
have not been convicted of any offense, except traffic offenses, for
a period of two years next preceding his appointment. The two year
period shall begin to run from the date the person was unconditionally
released from supervision of any sort as a result of a conviction.
(d) have regularly abstained from the excessive use of alcohol an
any use whatsoever of illegal drugs or psychotoxic chemical solvents.
(e) be not less than twenty-five (25) years of age.
(f) not be a member of the Tribal Legislative Body, or the holder
of any other elective Tribal Office of this Tribe, provided, that
a candidate who is a member of the Tribal Legislative Body, or the
holder of some other elective Tribal Office, may be confirmed as a
Judge subject to his resignation. Upon resignation from his office,
he may be sworn in as and assume the duties of judicial office.
(g) if less than fifty (50) years of age, have completed at least
thirty (30) semester credit hours at an accredited college or university,
or at least two years of previous experience as a judicial Officer
for some recognized Court.
Section 103. Manner of Selection of justices and Judges
Justices and Judges of the Tribe shall be nominated by the Chief Executive
Officer and confirmed by the Tribal Legislative Body upon a vacancy
occurring in a judicial office in the following manner:
(a) Within thirty days after a vacancy occurs the Chief Executive Officer shall cause a notice of the vacancy stating the minimum qualifications, salary, and any other pertinent information to be published once in the Tribal newspaper and once each week for two (2) consecutive weeks in a newspaper of general circulation in the tribal jurisdiction. Copies of the notice shall be posted at the Tribal Office, the nearest Agency of the Bureau of Indian of Affairs,
Chief Executive Officer shall direct. The notice shall direct that inquires, nominations and applications be directed to the Tribal Secretary who shall keep a permanent record of responses to such notices.
(b) No sooner than twenty (20), nor more than thirty (30) days after the date on which last required notice was published or posted, the Secretary shall deliver the names and files of all persons nominated or applying for the Judicial Office to the Chief Executive Officer, who shall select no more than three qualified candidates for each vacant Judicial Office and place consideration of the candidate(s) he nominates on the agenda of the next regular or special meeting of the Tribal Legislative Body.
(c) The Tribal Legislative Body shall review the qualifications of the nominees, and may interview nominees at their meetings at their discretion. In making a selection, the Tribal Legislative Body shall give preference to those candidates who:
(1) have more formal education and experience in the legal field.
(2) by written examination conducted by the Supreme Court or by interview have shown that hey are familiar with the Constitution, Code and Common laws of the Tribe.
(3) have demonstrated decision making ability.
(d) If
the nominee for the Judicial Office is confirmed by the Tribal Legislative
Body, the nominee shall be sworn into office by the Chief Justice,
or the next ranking available Justice of the Supreme Court
(e) If the nominee(s) is not confirmed, the Chief Executive Officer
shall either republish the notice and establish a new list of eligible
candidates, or he may reconsider the candidates on the list gathered
from the previous notice. The Chief Executive Officer nomination -
Legislative confirmation process shall continue until some nominee
be confirmed.
(f) Upon the expiration of a judicial term of office, the judicial
Officer is entitled upon request, filed with the Secretary not less
than sixty days prior to the expiration of his term, to be considered
for confirmation to a new term at the next meeting of the Tribal Legislative
Body at which a quorum is present. If the Legislature, a quorum being
present, does not confirm the outgoing officer, they shall so declare
and direct the Chief Executive Officer to begin the selection process.
The outgoing judicial officer's term shall expire upon confirmation
of the new Justice of Judge.
Section 104. Term of Office
All Judges of the District Court shall serve six (6) year terms of
office beginning from the date of their confirmation and until their
successors take office, unless removed for cause, or by death or resignation.
Section 105. Oath of Office
Before assuming office each Judge, Special Judge, and Magistrate shall
take an oath to support and protect the Constitution of the Tribe
and to administer justice in all causes coming before him with integrity
and fairness, without regard to the persons before him to be administered
by the Chief Justice or the next ranking available justice of the
Supreme Court as soon after confirmation as may be practical.
Section 106. Duties and Powers of Judges
All Judges of the District Court, and Special judges in cases within
their authority, shall have the duty and power to conduct all court
proceedings, and issue all orders and papers incident thereto, in
order to administer justice in all matters within the jurisdiction
of the Court. In doing so the Court shall:
(a) Be
responsible for creating and maintaining rules of the Court, not in
conflict with the Tribal Code or the Rules of the Supreme Court regulating
conduct in the District Court, for the orderly and efficient administration
of justice. Such rules must be filed in the office of the Tribal Secretary
and the District Court Clerk before becoming effective.
(b) Hold Court regularly at a designated time and place.
(c) Have the power to administer oaths, conduct hearings, and otherwise
undertake all duties and exercise all authority of a judicial officer
under the law.
(d) Hear and decide all cases properly brought before the Court
(e) Enter all appropriate orders and judgments.
(f) Issue all appropriate warrants and subpoenas
(g) Keep all Court and other records as may be required.
(h) Perform the duties of the Clerk in his absence.
(i) Subject to the confirmation of the Supreme Court, to appoint such
Magistrates as may be necessary for the convenient functioning of
the Court. These Magistrates shall have the authority to issue arrest
and search warrants, search warrants for the protection of children,
emergency custody orders in children's cases, temporary commitments
of persons accused of offenses, to conduct arraignments in criminal
or juvenile delinquency cases, and to act on such ex parte, summary,
or other matters as may be determined by Rule of the Supreme Court.
Magistrates shall meet the minimum qualifications for Judges of the
District Court except that Section 102 (a) and (g) shall not apply.
(j) Unless a coroner is appointed in accordance with the provisions
of the Tribal Code, any Judge designated by the Chief Judge shall
have the authority to perform the duties of a coroner.
Section 107. Trial Panel
In any case to be tried by a Trial Panel, the Chief Judge shall assign
by random lot at least three Judges to try the case, one of whom shall
be designated as the Presiding Judge. The Presiding judge assigned
to the case shall have the duty before, during and after trial of
making procedural and evidentiary rulings on issues raised by the
case, after conferring with the other assigned Judges when he feels
it necessary to do so. All assigned Judges shall have an equal vote
on the merits of each case. The panel's deliberations on the merits
shall be held in strict privacy and no one shall disclose anything
said during the deliberation. A majority of the assigned judges may
take action on the merits of any matter, but no one shall reveal the
vote of any of the Judges of the panel or the final numerical vote
of the panel, the decision should simply reflect that it is the decision
of the Court.
Section 108. Special Appointments
Whenever, due to vacancies in office, disqualification of Judges,
or other cause, a trial panel cannot be convened from the available
Judges, or an additional judicial Officer is needed to efficiently
dispense with the business of the District Court, due to vacancies
in office, disqualification of Judges, or other cause, the Supreme
Court may designate by Court Order one or more duly qualified magistrates
or justices to sit on the trial panel, or may make one or more special
appointments from among the members of the Bar of the Court to act
as a Special Judge to hear specific named cases, or cases filed prior
to the date a trial panel of regular Judges can be convened, the vacancy
is filled, or the Special Judge is no longer needed. No special procedure
need by followed in making such appointments and such Special Judges
need not meet the qualification of Section 102 (a) or (g) of this
Act. Whenever a Justice of the Supreme Court sits on the trial panel,
that Justice may not participate in any appeal of the case to the
Supreme Court. Special Judges may be compensated from the Court fund
in such reasonable amounts as the Supreme Court shall order.
Section 109. Compensation of judges
(a) The compensation of all Judges of the District Court shall be
set by appropriate legislation of the Tribal Legislative Body. No
judge shall have his compensation reduced during his term of office,
except that if funds be unavailable for appropriation, the compensation
of all judicial officers may be reduced proportionally to the availability
of funds.
(b) Nothing in this section shall prohibit the Tribal Legislative from contracting or agreeing with the Bureau of Indian Affairs or any other government, agency, or organization that such government agency, or organization shall provide all or part of the compensation of a Judge or Magistrate of the District Court, and shall in return have control over the compensation of such Judges or Magistrate. In such situations the Tribal Legislative body shall recommend to the funding party the compensation of District Judges and Magistrates.
(c) Subsection (a) of this Section shall not apply to Magistrates. The compensation of all Magistrates shall be set by order of the Supreme Court from available appropriate funds, or from funds made available pursuant to an agreement entered into according to Subsection (b) of this Section.
Section 110. Removal of Judges
(a) The Judges of the District Court shall be removed only for cause
by the Tribal Legislative Body upon the recommendation of the Supreme
court. Neither the Supreme Court, nor the Tribal Legislative Body
may remove a Judge of the District Court independently, but the Supreme
Court must first recommend the removal, and the Tribal Legislative
Body must then concur. The term "cause" shall include any reason sufficient
for disbarment of an Attorney from the Bar of the Supreme Court, or
a violation of the Canons of Judicial Ethics promulgated by the American
Bar Association.
(b) Magistrates shall serve at the pleasure of the District Court
Section 111. Disqualifications, Conflict of Interest
(a) No Judge shall hear any case when he has a direct financial, personal or other interest in the outcome of such case or is related by blood or marriage to one or both of the parties as: husband; wife; son; daughter; father; mother; brother; sister; grandfather; grandmother; or any other legal dependent. A Judge should attempt to prevent even the appearance of partiality or impropriety.
(b) Either party of interest in such case or the Judge may arise the question of conflict of interest. Upon decision by the Judge concerned or the Supreme Court that disqualification is appropriate, another Judge shall be assigned to hear the matter before the Court.
(c) Any Judge otherwise disqualified because he is related to one or more of the parties in one of the relationships enumerated in subsection (a) of this Section, may hear a case if all parties are informed of the blood or marriage relationship on the record in open Court and of their right to have a different Judge hear the case, and consent to further action by that Judge in the case in open Court upon the record, or in a writing filed in the record, in spite of the conflict of interest.
Section 112. Decisions
(a) Each decision of the District Court at trial shall be recorded
on a form approved by the Supreme Court for such purpose, or embodied
in written findings of fact and conclusions of law containing all
the information required by the approved form. The form shall provide
for recording the date of the decision, the case number, the names
of all parties, the substance of the complaint, the relevant facts
found by the Court to be true, the Court's decision, and the conclusions
of law supporting the Court's decision.
(b) In a case tried to a judicial Panel, the Presiding Judge shall sign such form or decision indicating that the decision is the true decision of a majority of the trial panel on the case whether or not the Presiding Judge agreed with that decision.
(c) The decision form or the written findings of fact and conclusions of law shall be placed in the case file as an official document of the case.
Section 113. Records
The District Court shall be a Court of Record. To preserve such records:
(a) In
all Court proceedings, the Court Reporter, which may be the Clerk
in the absence of an official Court Reporter, shall record the proceedings
of the Court by electronic or stenographic means. The recording shall
be identified by case number and kept for five (5) years for use in
appeals or collateral proceedings in which the events of the hearing
are in issue. At the close of each hearing, or as otherwise specified,
the Reporter shall cause a transcript to be made of the recording
upon the request of any party or the Court as a permanent part of
the case record. Court Reporters may be licensed by the Supreme Court,
and shall be allowed such fees from the Parties for their services
as shall be set by Rule of the Supreme Court.
(b) To preserve the integrity of the electronic record, the Reporter
shall store the recording in a safe place and release it only to the
relevant Court or pursuant to an Order of a Tribal Judge or justice.
(c) The Clerk shall keep in a file bearing the case name and number
every written document filed in the case.
(d) All Court records shall be public records except as otherwise
provided by law.
(e) After five (5) years, court records except judgments, appearance,
and other dockets may be reproduced on computer tape or disk, microfilm,
or microfiche or similar space saving record keeping methods, provided,
that at least one (1) hard copy, including microfilm or microfiche,
of electronically stored data shall be kept at all times.
(f) The Supreme Court shall provide for the publication in books or
similar reporters of all of its decisions and opinions in cases before
it, and the opinions and decisions of the District Court which would
be useful to the Bar of the Court and the public.
Section 114. Files
(a) Except as otherwise provided by law, such as in juvenile cases,
Court files on a particular case are generally open to the public.
Any person may inspect the records of a case and obtain copies of
documents contained therein during normal business hours.
(b) Any persons desiring to inspect the records of a case or obtain
copies thereof may inspect such files only during the ordinary working
hours of the Clerk, or a Judge and in their presence to insure the
integrity of Court records. Under no circumstances shall anyone, except
a Judge or a licensed advocate, attorney or the Clerk taking a file
to a Judge in his chambers or a courtroom, take a file from the Clerk's
office.
(c) A copy of any document contained in such a file may be obtained
from the Clerk by any person for a reasonable copy fee, to be set
by rule of the Supreme Court. The Clerk is hereby authorized to certify
under the seal of his office that such copies are accurate reproductions
of those documents on file in his office. The Supreme Court by rule
may provide for such certification.
Section 115. Motion Day
Unless conditions make it impractical, the District Court shall establish
regular times and places, at intervals sufficiently frequent for the
prompt dispatch of business, at which motions requiring notice and
hearing may be heard and disposed of; but the Judge at any time or
place, and on such notice, if any, as he considers reasonable, may
make orders for the advancement, conduct, and hearing of actions,
or, the Court may make provision by rule or order for the submission
and determination of motions without oral hearing upon brief written
statements of reasons in support and opposition.
Section 116 -119. Reserved
Section 120. Practice Before the Tribal Court
(a) No person shall be denied the right to have a member of the Bar
of the Court represent him and present his case before the Courts.
(b) The Supreme Court, after conferring with the District Court, shall
make rules which shall govern who may practice before the District
Court and the Supreme Court. Such rules shall be filed in the office
of the Tribal Secretary and the office of the Clerk of the Supreme
and District Courts.
Section
201. General Provisions
The Supreme Court may hear appeals resulting from all final orders
or judgments rendered by the District Court, appeals of other orders
of the District Court subject to interlocutory appeal by law, and
such original actions as may be provided by tribal law, and shall
render its decision in writing to the parties of interest, file a
copy thereof in the Supreme Court Clerk's office and the Tribal Secretary's
office, and, at the time of filing, submit a copy to the official
reporter of the decisions of the Court. The decision of the Supreme
Court shall be final and binding upon the parties.
Section 202. Composition of the Supreme Court
The Supreme Court shall consist of one (1) Chief justice, and four
(4) Associate Justices.
Section 203. Minimum Qualifications of Justices
To be eligible for selection or confirmation as a Justice of the Supreme
Court, a person shall:
(a) be either
(1) an enrolled member of the Tribe, or
( 2 ) the parent, child, or spouse of an enrolled member of the Tribe, or
(3) actually domiciled within the territorial jurisdiction of the Tribe, or
(4) an attorney, or
(5) a lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven years, or
(6) An Indian graduate of an American Bar Association approved Law School, or a Paralegal program approved by the Supreme Court; and
(b) have
demonstrated moral integrity and fairness in his business, public
and private life, and
(c) have never been convicted of a felony or an offense punishable
by banishment or involving moral turpitude, whether or not actually
imprisoned or banished, and have not been convicted of any offense,
except traffic offenses, for a period of five years next preceding
his appointment. The five year period shall begin to run from the
date the person was unconditionally released from supervision of any
sort as a result of a conviction.
(d) have regularly abstained from the excessive use of alcohol and
any use whatsoever of illegal drugs or psychotoxic chemical solvents.
(e) be not less than thirty (30) years of age.
(f) not be a member of the Tribal Legislative Body, or the holder
of any other elective Tribal Office of this Tribe, provided, that
a candidate who is a member of the Tribal Legislative Body, or the
holder of some other elective Tribal Office, may be confirmed as a
Justice subject to his resignation. Upon resignation from his office,
he may be sworn in as and assume the duties of judicial office.
(g) if less than fifty (50) years of age, have completed at least
sixty (60) semester credit hours at an accredited college or university,
or at least four years of previous experiences as a Judicial Officer
for some recognized Court.
Section 204. Selection of Justices
Justices shall be selected in accordance with the provisions of Section
103 of this Act.
Section 205. Term of Office
All Justices of the Supreme Court shall serve, eight ( 8 ) year terms
of office beginning from the date of their confirmation and until
their successors take office, unless removed for cause, or by death
or resignation. The first appointments of Justices hereunder shall
be for terms which may vary in order to provide for staggered terms
of office.
Section 206. Oath of Office
Before assuming office each Justice shall take an oath to support
and protect the Constitution of the Tribe and to administer justice
in all causes coming before him with integrity and fairness, without
regard to the persons before him to be administered by the Chief Justice,
the Chief Executive Officer, or the ranking available justice of the
Court.
Section 207. Duties and Powers of Justices
All Justices of the Supreme Court, unless disqualified for conflict
of interest of other cause, shall participate in the deliberations
of that body and shall have the duty and power to conduct all Court
proceedings, and issue all orders and papers incident thereto, in
order to administer justice in all matters within the jurisdiction
of the Supreme Court. In doing so the Supreme Court shall:
(a) Be
responsible for creating and maintaining rules of the Court, not contrary
to the Tribal Constitution or Code, regulating conduct in the Supreme
and District Courts to provide for the orderly and efficient administration
of justice and the administration of the Courts. Such rules shall
determine, where not otherwise provided by law, what actions be taken
by a single justice of the Court, and shall be filed with the Clerk
of the Court and the Tribal Secretary.
(b) Hear appeals from the District Court at a designated time and
place.
(c) Enter all appropriate orders and judgments.
(d) Keep all appropriate records as may be required.
(e) Perform any and all other duties as may be required for the operation
of the Supreme Court and the District Court.
(f) Supervise the actions of the District Court and all Clerks, Reporters,
Bailiffs, and other officers of the Courts.
(g) Perform any of the duties and powers of a District Judge in appropriate
cases.
Section 208. Compensation of Justices
(a) The compensation of all justices of the Supreme Court shall be
set by legislation of the Tribal Legislative Body. No Justice shall
have his compensation reduced during this term of office, except that
if funds be unavailable for appropriation, the compensation of all
judicial officers may be reduced proportionally to the availability
of funds.
(b) Nothing in this section shall prohibit the Tribal Legislative
from contracting or agreeing with the Bureau of Indian Affairs or
any other government, agency, or organization that such government,
agency, or organization shall provide all or part of the compensation
of a Justice of the Supreme Court, and shall in return have control
over the compensation of such justice. In such situations the Tribal
Legislative Body shall recommend to the funding party the compensation
of Supreme Court Justices.
Section 209. Removal of justices
Justices of the Supreme Court may not be- removed from office except
upon final conviction of a felony, or an offense punishable by banishment;
or an offense involving moral turpitude, in which case the Supreme
Court shall enter its order disbarring and expelling such justice
from the Court and declaring that Judicial Office vacant.
Section 210. Disqualifications, Conflict of Interest
(a) No Justice shall hear any case when he has a direct financial,
personal, or other interest in the outcome of such case or is related
by blood or marriage to one or both of the parties as: husband, wife,
son, daughter, father, mother, brother, sister, grandfather, grandmother,
or any other legal dependent. A Justice should attempt to prevent
even the appearance of partiality or impropriety.
(b) Either party in interest in such case or the Justice may raise
the question of conflict of interest. Upon decision by the Justice
concerned or the Supreme Court that qualification is appropriate,
a Judge, Magistrate, or Special justice may be appointed to sit on
the Supreme Court to hear the matter before the Court.
(c) Any Justice related to one or more of the parties in one of the
relationships enumerated in Subsection (a) of this Section, may hear
a case if all parties are informed of the blood or marriage relationship
on the record in open Court and of their right to have the interested
justice disqualified from the case, and consent in writing filed in
the case, or upon the record in open Court to the conflict of interest.
Normally, the Justice knowing of the conflict of interest should simply
file an order recusing himself from the action and stating his relationship
with the parties. Thereafter, if the parties consent to that Justice
hearing the action, they should file their written consent for such
Justice to continue in the cause. If all parties file such consents,
the Justice may then enter his order withdrawing the his recusation
on grounds of the consents filed. A consent to the withdrawal of a
justices recusation may not be withdrawn.
Section 211. Decisions
(a) All decisions and opinions of the Supreme Court shall be rendered
in writing to the parties in interest, the District Court in appeal
cases, filed in the Supreme Court Clerk's Office and the Tribal Secretary's
office, transmitted to the official reporter of the decisions of the
Court, and recorded on a form approved by the Supreme Court for such
purpose. The form shall provide for recording the date of the decision
or opinion, the case number, the names of the parties before the Court,
the issues presented of appeal or the substance of the complaint in
an action within the court's original jurisdiction, the relevant facts
upon which the decision on appeal was made or as found by the Court
to be true in an original action, the Court's decision, and the legal
principals and reasoning supporting the Court's decision. A written
Court opinion containing the above :information may be filed by the
majority or dissent in lieu of the form.
(b) Each Justice shall record in writing his decision, or the fact
of his not participating when he is disqualified, on each case decided
by the Supreme Court as part of the permanent record.
(c) The decision form or Court opinion shall be placed in the file
of the case on appeal as an official document of the case.
Section 212. Rules of the Court
(a) The Supreme Court shall establish rules concerning the administration
of the Courts and conduct in the Supreme and District Courts not inconsistent
with Tribal Ordinance or the Tribal Constitution. Such rules shall
govern the conduct, demeanor, and decorum of those in the Court as
well as the form and filing of appeals, briefs, pleadings, and other
matters which will make the Court function more efficiently.
(b) The Rules shall be filed in the Court Clerk's office, the office
the Tribal Secretary, and delivered to the official reporter of decisions
of the Court.
(c) The Court may require the observance of its Rules as a prerequisite
before taking any action in a matter.
Section 213. Special Appointments
Whenever, due to vacancies in office, disqualification of justices,
or other cause, a minimum of three (3) Justices to hear and decide
the merits of a case before the Court cannot be convened from the
available Justices, the Court, including any disqualified Justices,
may designate by Court Order one or more duly qualified judges of
the District Court or Magistrates, not having served on the trial
of the case, or some member of the Bar of the Court to sit on the
Supreme Court as a Special Justice for purposes of the appeal or the
original action, or request the Tribal Legislative Body to make one
or more special appointments to hear specific named cases, or cases
filed prior to the date a minimum of three ( 3 ) Justices can be convened
on such cases. No special procedure need by followed in making such
appointments and special Justices need not meet the qualifications
of Section 102 (a) and (g) of this Act, although special appointments
by the Tribal Legislative Body shall be made by formal action with
notice to the parties in a case where appropriate.
Section 214. Supreme Court's Action on Appeals
In any appeal properly before it, the Supreme Court shall have full
authority to affirm, reverse, modify, or vacate any action of the
District Court or other entity from whom the appeal is taken as authorized
by law, and may enter such order as is just or remand the case for
the entry of a specified judgment, for a new trial, or for such further
action in accordance with the Supreme Court's opinion or instructions
as shall be just.
Section 215. Terms of the Court
The regular term of the Court shall commence on the first Monday in
October of each year, and upon that date the Supreme Court shall convene
in its Courtroom for the purpose of disposing of the actions and other
business before the Court. The term shall continue until such time
as the Court determines that its business is properly disposed of
and the term shall then be declared completed. Special terms may be
convened at any time upon the call of the Chief justice for the purpose
of dispensing with pressing matters which may not be justly delayed
until the regular term of the Court.
Section 216. Court Fund
There is hereby authorized to be maintained by the Clerk under the
supervision of the Court, a find to be known as the "Court Fund" into
which shall be deposited all fines, fees, penalties, costs, and other
moneys authorized or required by law to be paid to the Courts which
are not to be distributed to any party to a case and for which no
requirement is imposed by law for the deposit of such funds into a
particular account. These funds shall be maintained by the court and
used exclusively for the purchase of supplies, materials, and personal
property for the use of the Courts, the maintenance of the Court law
library, and such other applications as shall be specifically authorized
by law. The Court Fund shall not be used for the payment of salaries
of regular Judges of Justices of the District or Supreme Courts.
Section
301. Establishment
There is hereby established a Court Clerk's Office to be administered
by one (1) Court Clerk and such Deputy Court Clerks as may be necessary.
The Court Clerk shall be appointed by the Supreme Court, and Deputy
Court Clerks shall be appointed by the Court Clerk subject to the
approval of the Supreme Court.
Section 302. Clerk to Serve Supreme and District Courts
Until such time as the Supreme Court determines that separate Clerks
are necessary to efficiently administer the business of the Courts
and funding is available, the Court Clerk shall serve as the Clerk
of the Supreme Court and the Clerk of the District Court. When serving
the Supreme Court, the Clerk's title shall be "Clerk of the Supreme
Court". When serving the District Court, the Clerk's title shall be
"Clerk of the District Court".
Section 303. Clerk as Department Director
The Court Clerk is a supervisory administrative position of the Judicial
Branch of the Government of the Tribe with the same rank as Department
Director. The Court Clerk shall serve as the Court Administrator and
shall be charged with the preparation of Court budgets, the acquisition
of necessary supplies, the maintenance and upkeep of the Court's law
library, the custody, upkeep and maintenance of the records, papers,
effects, and property of the Court and such other matters as shall
be assigned to the Clerk of the Court by law or Court rule.
Section 304. Powers and Duties
The Court Clerk shall have the following powers and duties:
(a) To
undertake all duties and functions otherwise authorized by law, or
necessary and proper to the exercise of a duty of function authorized
by law.
(b) Subject to the approval of the Supreme Court, to supervise and
direct the hiring, firing, and work of all deputy court clerks and
other employees in his office.
(c) To collect all fines, fees, and costs authorized or required by
law to be paid to the Courts, to receipt therefore, and to deliver
them to the Tribal Treasurer for deposit in the Court fund.
(d) To accept, when ordered by the Court, monies for the payment of
civil judgments and to pay same by check to the party entitled to
them. For the purpose of taking such action, the Clerk is authorized
to maintain a bank checking account subject to the oversight of the
Supreme Court and to deposit and withdraw funds therefrom. This account
shall be audited at least once each year by the Tribal Accounting
Department or an independent Certified Public Accountant, and the
Clerk shall give a fidelity or performance bond to guarantee the funds
deposited therein in such amount as the Supreme Court shall direct.
(e) To, administer oaths, issue summons and subpoenas, certify a true
copy of Court records, and to accurately keep each and every record
of the Supreme and District Court.
(f) To provide a record in the absence of a Court Reporter to accurately
and completely record all proceedings and hearings of the Courts.
If a Court Reporter is available, the Court Reporter shall have the
authority to administer oaths and undertake such other Court functions
as shall be provided by law or Court Rule.
(g) To provide stenographic and clerical services to the Court and
the Attorney General or Prosecuting Attorney when requested.
(h) To act as librarian, and to keep and maintain the Court's law
library.
(j) To undertake all duties assigned or delegated to the Clerk's office
by Tribal law or Court Rule.
Section 305. Seal
The Court Clerk is authorized to have and use a seal which shall be
circular in form and contain the words, "District Court Clerk", and
the name of the Tribe around the edge thereof, and the words "Official
Seal" or the official Tribal emblem in its center. When acting as
the Clerk of the Supreme Court the Clerk's seal shall be circular
in form and contain tie words "Supreme Court Clerk" and the name of
the Tribe around the edge thereof, and the words "Official Seal" or
the Tribal emblem in the center. The seal shall be impressed upon
all warrants, subpoenas, summons, certified copies of records, judgments,
orders, decrees, and similar documents, as evidence of their authenticity.
Section 306. Certification of True Copies
The Court Clerk is authorized to certify that a copy of any record
in his office is a true and accurate copy of the record on file by
signed stamp or writing placed on such copy, sealed with the seal
of the Court Clerk's office, and in substantially the following form:
CERTIFICATE OF TRUE COPY
I hereby certify that the above and foregoing is a true, accurate
and exact copy of the original of same as it remains of record on
file in my office.
Clerk of the District Court [or Supreme Court]
[NAME OF TRIBE]
Date
Certified copies of records shall be admissible as evidence without further authentication in all judicial and administrative proceedings of this Tribe.
Section 307. Courts Always Open
The District and Supreme 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.
Section 308. Trials and Hearings - Orders in Chambers
All trials upon the merits, except as specifically provided by law
and in children's cases shall be conducted in open Court and so far
as convenient in a regular courtroom. All other acts or proceedings
may be done or conducted by a Judge in chambers, without the attendance
of the clerk or other court officials in any place either within or
without the tribal jurisdiction; but no hearing, other than one ex
pane, shall be conducted outside the tribal ,jurisdiction without
the consent of ail parties affected thereby, except when determined
by the Court to be necessary or expedient in children's cases arising
under the Indian Child Welfare Act of 1978, or when the Tribe has
entered into an agreement with another government for the sharing
of judicial officers and courtroom space in which case the Court may
sit in any place authorized by such agreement.
Section 309. Clerk's Office and Orders by the Clerk
The Clerk's office with the Clerk or a deputy in attendance shall
be open during business hours on all days except Saturdays, Sundays,
and legal holidays, but the Court may provide by rule or order that
its Clerk's office shall be open for specified hours on Saturdays
or particular legal holidays other than New Year's Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, and Christmas Day. All motions and
applications 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, unless the Civil Procedure Act requires previous approval
by the Court, but his action may be suspended or altered or rescinded
by the Court upon cause shown.
Section 310. Notice of Orders or Judgments
Immediately upon the entry of an order or judgment, the Clerk shall
serve a notice of the entry by mail upon each party or their attorney
who is not in default for failure to appear, and shall make a rote
in the docket of the mailing. Such mailing is sufficient notice for
all purpose for which notice of the entry of an order is required
by law, but any party may in addition serve a notice of such entry
in the manner provided in the Civil Procedure Act for the service
of papers. Lack of notice of the entry by the Clerk does not affect
the time to appeal or relieve or authorize the Court to relieve a
party for failure to appeal within the time allowed, except as permitted
in the Civil Procedure Act.
Section 311. Books and Records Kept by the Clerk and Entries Therein
(a) The Clerk shall keep a book known as the "Civil Docket" of such
form and style as may be prescribed by the Justices of the Supreme
Court, and shall enter therein each civil action. Actions shall be
assigned consecutive file numbers. The file number of each action
shall be noted on the folio of the docket whereupon the first entry
of the action is made. All papers filed with the Clerk, all process
issued and returns made thereon, all appearances, orders, verdicts,
and judgments shall be entered chronologically in the civil docket
on the folio assigned to the action and shall be marked with its file
number. These entries shall be brief but shall show the nature of
each paper filed or writ issued and the substance of each order or
judgment of the Court and of the returns showing execution of process.
The entry of an order or judgment shall show the date the entry is
made. When in an action trial by jury has been properly demanded or
ordered, the Clerk shall enter the word "jury" on the folio assigned
to that action. When in an action trial by judicial panel has been
properly demanded or ordered, the Clerk shall enter the words "judicial
panel" on the folio assigned to that action.
(b) In like fashion, the Clerk shall keep suitable dockets, indices,
calendars, and judgment records for the criminal, juvenile, and small
claims dockets of the District Court, and the appeals and original
action docket of the Supreme Court. The appeals and original action
dockets of the Supreme Court may be combined if the Supreme Court
shall so direct.
(c) The Clerk shall also keep such other books and records as may
be required from time to time by law or the Supreme Court.
Section 312. Stenographic Report or Transcript as Evidence
(a) Whenever the testimony of a witness at a trial or hearing which
was stenographically reported is admissible in evidence at a later
trial, it may be proved by the transcript thereof duly certified by
the person who reported the testimony.
(b) Whenever the testimony of a witness at a trial or hearing which
was electronically taped is admissible in evidence at a later trial,
it may be proved by the tape recording thereof maintained in the custody
of the Court Clerk with the records of the trial, or by some other
person, duly certified as correct by the Court Clerk, or by some other
person duly authorized to administer oaths, who has prepared or caused
to be prepared under his direction a transcript of the recording.
Section 313. Judgment Docket
The judgment docket shall be kept in the form of an index in which
the name of each person against whom judgment is rendered shall appear
in alphabetical order, and it shall be the duty of the Clerk immediately
after the rendition of a judgment to enter on said judgment docket
a statement containing the names of the parties, the amount and nature
of the judgment and costs, and the date of its rendition, and the
date on which said judgment is entered on said judgment docket; and
if the judgment be rendered against several persons, the entry shall
be repeated under the name of each person against whom the judgment
is rendered in alphabetical order.
Section 314. Execution Docket
In the execution docket the Clerk shall enter all executions as they
are issued. The entry shall contain the names of the parties, the
date and amount of the judgment and costs, and the date of the execution.
The Clerk shall also record in full the return of the Chief of the
Tribal Police to each execution, and such record shall be evidence
of such return, if the original be mislaid or lost.
Section 315. Clerk May Collect Judgment and Costs
Where there is no execution outstanding, the Clerk of the Court may
receive the amount of the judgment and costs, and receipt therefore,
with the same effect as if the same had been paid to the Chief of
the Tribal Police on an execution, and the Clerk shall be liable to
be amerced in the same manner and amount as the Chief of the Tribal
Police for refusing to pay the same to the party entitled thereto,
when requested, arid shall also be liable on his official bond.
Section 316. Clerks to Issue Writs and Orders
All writs and orders for provisional remedies, and process of every
kind shall be prepared by the party or his attorney who is seeking
the issuance of such writ, order, or process and shall be issued by
the Clerk. Except for summons and subpoena, the Clerk shall not issue
any such writ, order, or process except upon order or allowance of
the Court unless specific authorization for his issuing such document
is found in the Tribal Code.
Section 317. Clerk to File and Preserve Papers
It is the duty of the Clerk to file together and carefully preserve
in his office, all papers delivered to him for that purpose in every
action or proceeding.
Section 318. Each Case to be Kept Separate
The papers in each case shall be kept in a separate file marked with
the title and number of the case.
Section 319 Indorsements
He shall indorse upon every paper filed with him, the day of filing
it; and upon every order for a provisional remedy, and upon every
undertaking given under the same, the day of its return to his office.
Section 320. Entry on Return of Summons
He shall, upon the return of every summons, enter upon the appearance
docket whether or not service has been made; and if the summons has
been served, the name of the defendant or defendants summoned and
the day and manner of the service upon each one. The entry shall be
evidence in case of the loss of the summons.
Section 321. Material for Record
The record shall be made up from the complaint, the process, return,
the pleadings subsequent thereto, reports, verdicts, orders, judgments,
and all material acts and proceedings of the Court, but if the items
of an account, or the copies of papers attached to the pleadings,
the voluminous, the Court may order the record to be made by abbreviating
the same, or inserting a pertinent description thereof, or by omitting
them entirely. Evidence must not be recorded in the file or appearance
docket, provided that the transcript of testimony may be appended
to the record when paid for by a party for the purpose of appeal.
Section 322. Memorializing Record
It is the duty of the Court to write out, sign, and record its orders,
judgments, and decrees within a reasonable time after their rendition.
To aid in the performance of this duty, the Court may direct counsel
or the Court Clerk to prepare the written memorialization for its
signature and, after it is signed, to file it in the case record,
or, the Court may direct the Clerk to prepare the written memorialization
dictated by the Court and sign and file the same on the Court's behalf.
Section 323. Clerk to Keep Court Records; Books and Papers - Statistical
and Other Information
The Clerk shall keep the records and books and papers appertaining
to the Court and record its proceedings, and exercise the powers and
perform the duties imposed upon him by Tribal statute, order of the
Court, or Court rule. The Clerk is directed to furnish annually, or
at such times as shall be requested, without cost to the Supreme Court
and to the Tribal Legislative Body, such statistical and other information
as the Supreme Court or the Tribal Legislative Body may require, including,
but without being limited to, the number and classification of cases:
(a) Filed
with the Court.
(b) Disposed of by the Court, and the manner of such disposition.
(c) The number of cases pending before the Court.
Section 324. Applicable to District and Supreme Court
The provisions of this Chapter shall apply to the Clerk of the Tribal
District Court and the Tribal Supreme Court insofar as they may be
applicable.
Section 325. Bonds
The Court Clerk and each deputy Clerk shall be bonded by a position
fidelity bond to guarantee the proper performance of their duties
and their fidelity in the handling of the money and other, property
coming into their hands in the performance of their duties. The amount
of such bond shall be set by the Tribal Legislative Body and the cost
thereof shall be paid from Tribal funds.
CHAPTER FOUR - CHIEF OF THE TRIBAL POLICE - PROCESS
Section
401. Style of Process
The style of all process shall be "The [NAME OF TRIBE] to:" and all
process shall be under the seal of the Court Clerk and shall be signed
by the Court Clerk, and dated the day it is issued.
Section 402. Appointment of Substitute for Tribal Police Chief
The Court or a Judge thereof, or any Clerk in the absence of the Judge
and upon his oral or written order, for good cause, may appoint a
person to serve a particular process or order, who shall have the
same power to execute it which the Chief of the Tribal Police has.
The person may be appointed on the application of the party obtaining
the process or order, and the return must be verified by affidavit.
~ He shall be entitled to the same fees allowed to the Chief of the
Tribal Police for similar services.
Section 403. Tribal Police Chief to Indorse Time of Receipt on Process
The Chief of the Tribal Police shall indorse upon every summons, order
of arrest, or for the delivery of property or of attachment or injunction,
the day and hour it was received by him.
Section 404. Tribal Police Chief to Execute and Return Process
The Chief of the Tribal Police shall execute every summons, order
or other process, and return the same as required by law, and if he
fails to do so, unless he make it appear to the satisfaction of the
Court that he was prevented by inevitable accident from so doing,
he shall be amerced by the Court in a sum not exceeding Five Hundred
Dollars ( $500.00) upon motion and ten (10) days notice, and shall
be liable to the action of any person aggrieved by such failure. Provided
that whenever any party, his agent or attorney shall make and file
with the Clerk of the Court an affidavit, stating that he believes
that the Chief of the Tribal Police will not, by reason of either
partiality, prejudice, consanguinity or interest, faithfully perform
his duties in any suit commended in Court, the Clerk shall direct
the original, or other process, in such suit to the Chief Executive
Officer of the Tribe or his designate other than the Chief of the
Tribal Police who shall execute the same in like manner as the Chief
of the Tribal Police might or ought to have done, and who shall be
subject to the same penalties as the Chief of the Tribal Police if
he fail to do so, unless he make it appear that he was prevented by
inevitable accident from so doing, and the Chief Executive Officer
or his designate other than the Chief of the Tribal Police shall perform
all of the other duties of the Chief of the Tribal Police when the
Tribal Police Chief shall be a party to the case, or is disqualified.
Section 405. When Bailiff or Tribal Police May Adjourn Court
If the Judge fails to attend at the time and place appointed for holding
his Court, the Chief of the Tribal Police, or other person appointed
by the Court as bailiff, or in the absence of either the Court Clerk,
shall have power to adjourn the Court, from day to day, until the
regular or assigned judge attend or a Special judge, or Judge pro
tempore, be selected.
Section 406. Other Duties of Tribal Police Chief - Disposition of
Fees
The Chief of the Tribal Police shall exercise the powers and duties
conferred and imposed upon him by the Tribal Code, Court rule, and
the Common law. The Police Chiefs fees allowed by the Court for the
service of process and mileage shall be paid into the general miscellaneous
account of the Tribal Police Department and may be transferred to
another line item upon order of the Chief of the Tribal Police or
used for any allowable expense or cost of the Tribal Police Department
other than the payment of salaries.
CHAPTER FIVE - BONDS AND SURETIES
Section
501. Justification of Surety
A ministerial officer whose duty it is to take security in any undertaking
provided for by the Tribal Code shall require the person offered as
surety, if not a qualified surety or bonding company, to make an affidavit
of his qualifications, which affidavit may be made before such officer,
and shall be indorsed upon or attached to the undertaking. If the
undertaking is given by a qualified surety or bonding company, the
credentials of the persons making the undertaking shall be shown and
attached thereto. The ministerial officer shall have the power to
administer oaths for the purpose of making any affidavits required
by this Chapter.
Section 502. Qualifications of Surety
The surety in every undertaking provided for by the Tribal Code, unless
a surety or bonding company authorized to give their bond or undertaking
by Tribal law, irrevocably submits himself to the jurisdiction of
the Tribal Court for the purpose of enforcement of said bond or undertaking,
and must be worth double the sum to be secured, over and above all
exemptions, debts, and liabilities. Where there are two or more sureties
in the same undertaking they must in the aggregate have the qualifications
prescribed in this Section.
Section 503. Real Estate Mortgage as Bond
In every instance where bond, indemnity or guaranty is required, a
first mortgage upon real estate within a State in which any portion
of the Tribal jurisdiction lies shall be accepted, provided, that
the amount of such bond, guaranty, or indemnity shall not exceed fifty
per cent of the reasonable valuation of such improved real estate,
provided further, that where the amount of such bond, guaranty or
indemnity shall exceed fifty per cent of the reasonable valuation
of such improved real estate, then such first mortgage shall be accepted
to the extent of such fifty per cent valuation.
Section 504. Valuation of Real Estate
The officer, whose duty it is to accept and approve such bond, guaranty
or indemnity shall require the affidavits of two landowners or licensed
real estate appraisers or brokers versed in land values in the community
where such real estate is located to the value of such real estate.
Said officer shall have the authority to administer the oaths and
take said affidavits.
Section 505. False Valuation - Penalty
Any person willfully making a false affidavit as to the value of any
such real estate shall be guilty of perjury and punished accordingly.
Any officer administering or accepting such affidavit knowing it to
be false shall be guilty of conspiracy to commit perjury and punished
accordingly. Any such wrongdoer shall be liable in a civil action
to the party injured by such false affidavit to the extent of the
injury proximately caused thereby.
Section 506. Action by Tribe or Tribal Department - No Bond Required
Whenever an action is filed in the Court by the Tribe, or by direction
of any department of the Tribe, its agencies, Commissions, or political
branches, no bond, including costs, replevin, attachment, garnishment,
re-delivery, injunction bonds, appeal bonds, or other obligations
of security shall be required from such party either to prosecute
said suit, answer, or appeal the same. In case of an adverse decision,
such costs as by law are taxable against such party shall be paid
out of the miscellaneous fund or other available fund of the party
under whose direction the proceedings were instituted.
Section 507. Appearance Bond - Enforcement
(a) If a bench warrant or command to enforce a Court order by body
attachment is issued in a cause for divorce, legal separation, annulment,
child support, or alimony, or in any civil proceeding in which a judgment
debtor is summoned to answer as to assets, and the person arrested,
pursuant to the authority of such process, makes a bond for his appearance
at the time of trial or other proceeding in the case, the bond made
shall be disbursed by the Court Clerk upon order of the Court to the
party in the suit who has procured the bench warrant or command for
body attachment rather than to the Tribe as the Court shall direct
for the payment of any sum due. The penalty on the bond or any part
thereof, shall, when recovered, first be applied to discharge the
obligation adjudicated in the case in which the bond was posted, and
any excess shall be deposited in the Court fund. The party who is
the obligee on such bond shall have the right to enforce its penalty
to the same extent and in the same manner as the Tribe may enforce
the penalty on a forfeited bail bond.
(b) Upon forfeiture of a bond payable to the Tribe as ordered by the Court, including bail bonds, the Tribe may enforce the penalty on the bond upon motion filed in the case by any method authorized for the execution of civil judgments. All amounts received upon such forfeited bonds as penalty shall be deposited in the court fund. The Court may, for good cause shown, vacate an order of bond forfeiture.
Section
601. Deputy May Perform Official Rules
Any duty enjoined by the Tribal Code upon a ministerial officer, and
any act permitted to be done by him, may be performed by his lawful
deputy unless otherwise specifically stated.
Section 602. Affirmation
Whenever an oath is required by the Tribal Code, the affirmation of
a person, conscientiously scrupulous of taking an oath shall have
the same effect.
Section 603. Publications in "Patent Insides"
(a) Every daily or weekly newspaper published continuously for a period
of two years in any county in which a portion of the tribal jurisdiction
lies, or within or adjacent to the tribal jurisdiction, and the Tribal
Newspaper shall be recognized and authorized to publish all publications
and notices required or permitted to be published by the Tribal Code.
(b) All publications and notice required by law to be published in a newspaper, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were published in newspapers printed wholly and published as required by Subsection (a) of this Section if at least one side of such paper is printed within the legal area.
Section 604. Action on Official Bond
When an officer, executor, or administrator within the jurisdiction
of the Tribe by misconduct or neglect of duty, forfeits his bond or
renders his sureties liable, any person injured thereby, or who is,
by law; entitled to the benefit of the security, may bring an action
thereon in his own name, against the officer, executor, or administrator
and his sureties, or may proceed in a proper case as provided in the
Civil Procedure Act, to recover the amount to which he may be entitled
by reason of the delinquency.
Section 605. May be Several Action on Same Security
A judgment in favor of a party for one delinquency does not preclude
the same or another party from an action on the same security for
another delinquency.
Section 606. Immaterial Errors to be Disregarded
The Court, in every stage of action, must disregard any error or defect
in the pleadings or proceedings which does not affect the substantial
rights of the adverse party, and no judgment shall be reversed or
affected by reason of such immaterial or harmless error or defect.
Section 607. Payments Into Court for Minors and Incompetents
Where any amount of money not exceeding Five Hundred Dollars ( $500.00)
shall be deposited and paid into Court by virtue of any judgment,
order, settlement, distribution, or decree for the use and benefit
of, and to the credit of, any minor or incompetent person having no
legal guardian of his estate appointed by the Court, and no person
shall within ninety ( 90) days thereafter become the legal and qualified
guardian of the estate of such minor or incompetent person, if it
appears to the Court that such money is needed for the support of
such minor or incompetent person or that it is otherwise for the best
interest of such minor or incompetent person, the Court may, in its
discretion, order payment of such funds to be made to any proper and
suitable person as trustee for such minor or incompetent person, with
bond, as the Court may direct, to be expended for the support, use,
and benefit of such minor or incompetent person. Such order may be
made by the Court in the original cause in which the funds are credited
upon the application of any interested person; and the Court may direct
the Clerk of the Court to make payment of the same to be made in installments
or in one lump sum as may seem for the best interests of such minor
or incompetent person. If a qualified guardian has been appointed
by the Court with bond, the Court shall order the money paid to the
guardian for the use of the minor or incompetent person subject to
such restrictions and accountings as the Court may direct.
Section 608. Conserving Moneys Obtained for Minors or Incompetent
Persons
Moneys recovered in any Court proceeding by a next friend or guardian
ad litem for or on behalf of a person who is less than eighteen (18
) years of age or incompetent in excess of Five Hundred Dollars (
$500.00) over sums sufficient for paying costs and expenses including
medical bills and attorney's fees shall, by order of the Court, be
deposited in a banking or savings and loan institution, approved by
the Court. Until the person becomes eighteen (18) years of age or
competent to again handle his affairs, withdrawals of moneys from
such account or accounts shall be solely pursuant to order of the
Court made in the case in which recovery was had. When an application
for the order is made by a person who is not represented by an attorney,
the Judge of the Court shall prepare the order. This Section shall
not apply in cases where a legal guardian has been appointed by the
Court for the estate of the minor or incompetent person with adequate
bond to secure any money released. In such cases, such money, or any
portion thereof as the Court may direct, may be paid over to the guardian
to be used exclusively for the support and education of such minor
or incompetent person, subject to such restrictions and accounting
as the Court shall direct.
Section 609. Sharing of Judicial Officers
Notwithstanding any other provision of this Act, the Tribal Legislative
Body is hereby authorized to negotiate an agreement with the Bureau
of Indian Affairs or other Indian Tribes for the shared use of magistrates,
trial judges, and appellate court justices. In addition to any other
necessary or convenient provision, such agreements may determine the
method of selection and retention of shared judicial officers, their
compensation, and required duties. When acting on behalf of the Tribe,
such magistrates, judges, or justices shall have all the powers and
authority vested in a Magistrate, Judge, or justice of the Tribe.
Such judicial officers may be in addition to, in lieu of, or the same
as, those Magistrates, Judges, and justices authorized by this Act.
Section 610. Sharing of Other Judicial Personnel
Notwithstanding any other provision of this Act, the Tribal Legislative
Body is hereby authorized to negotiate an agreement with the Bureau
of Indian Affairs or other Indian Tribes for the shared use of Court
Clerks, District Attorneys, Bailiffs, Court Reporters, and other judicial
related or support personnel. In addition to any other necessary or
convenient provision, such agreements may determine the method of
selection and retention of shared personnel, their compensation, and
requiring duties. When acting on behalf of the District and Supreme
Courts, such personnel shall have all the powers and authority of
the equivalent position in the Tribal Code. Such personnel may be
the same as, in addition to, or in lieu of, tribal personnel in these
positions.
Section 611. Sharing of Material Resources
Notwithstanding any other provision of Tribal law, the Tribal Legislative
Body is hereby authorized to negotiate an agreement with the Bureau
of Indian Affairs, other Indian Tribes, or any other unit of government
for the shared use of facilities, including courtroom, offices, and
jail space, equipment, and supplies necessary for the operation of
the Court and law enforcement agencies of the Tribe.
Section 612. Sharing of Financial Resources
Provision may be made in the above mentioned agreements for the allocation
of fines, fees, and court costs to support the functions of the judicial
system, provided, that the salaries of the magistrates, judges, justices,
and District Attorney shall not be subject to, or contingent upon
the assessment or collection of any such fines, fees, court costs,
or penalties. Such agreements may also provide for certain monetary
contributions by the participating Tribes or agencies to the funding
of the Court and provide a formula therefore, and may designate any
particular grant money for the use of the Court, or may designate
the Court as a prime contractor, grantee, or similar designation to
authorize the Court to apply directly to any funding source for any
grant or contract funds available for the operation of the Court.
Section 613. Indians Employed in the Indian Service
All persons employed in the Indian Service shall be subject to the
jurisdiction of the Court to the extent permitted by law in any civil
or criminal action, but any such employee appointed by the Secretary
of the Interior shall not be subject to any sentence or judgment of
the Court for actions while one official duty except to the extent
permitted by federal law, unless such sentence or judgment shall have
been approved by the Secretary of the Interior.
Section 614. Copies of Laws
(a) The Supreme Court law library shall be provided with copies of
all Federal, Tribal, and State laws and the regulations of the Bureau
of Indian Affairs which may be applicable to the conduct of any persons
within the tribal jurisdiction.
(b) Whenever the Court is in doubt as to the meaning of any law, treaty,
or regulation, it may request the Tribal Attorney General to furnish
an opinion on the point in question.
Section 615. Cooperation by Federal Employees
(a) No field employee of the Indian Service shall obstruct, interfere
with, or control the functions of the Courts of the Tribe, of influence,
or attempt to influence, interfere with, obstruct, or control such
functions in any manner except in response to a request for advice
or information from the Court.
(b) Employees of the Bureau of Indian Affairs and the Indian Health
Service, particularly those who are engaged in police, social service,
health, and educational work, shall assist the Court upon its request
in the preparation and presentation of the facts in the case, and
in the proper treatment of offenders and juveniles.
Section 616. Effect of Prior Decisions of the Court
The prior decisions of the Courts acting for the Tribe shall be binding
upon the parties thereto. The rules of laws stated in such decisions,
not inconsistent with Tribal statutes enacted after such decisions,
shall be precedent in the Courts subject to modification or being
overruled by subsequent opinion of the Court as in other cases.
Section 617. Judicial Review of Legislative and Executive Actions
The District and Supreme Courts shall have the authority to review
any act by the Tribal Legislative Body, or any tribal officer, agent,
or employee to determine whether that action, and the procedure or
manner of taking that action, is Constitutional under the Tribal Constitution,
authorized by tribal law, and not prohibited by the Indian Civil Rights
Act. If the Court finds that the contemplated action is authorized
by the Constitution and Tribal Statutes enacted thereto, or the common
law, and that the manner in which the authorized action is to be exercised
is not prohibited by the Tribal Constitution, Tribal statutes enacted
pursuant thereto, or federal law, the Court shall dismiss the case.
The Court shall not otherwise review the exercise of any authority
committed to the discretion of a tribal officer, agency, agent, or
employee by Tribal law unless some specific provision of law authorizes
judicial review of the merits of the discretionary decision of action.
Section 618. Action When No Procedure Provided
Whenever no specific procedure is provided in the Tribal Code, the
Court may proceed in any lawful fashion.