Delaware Tribe of Indians - Tribal Code - Table of Contents

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

The tribe has not given permission for the full-text document to be made available online. Please contact the library for assistance. Table of Contents created based on print materials from 1984.

Table of Contents

Law and Order Code of the Delaware Tribe Adopted by the Delaware Tribal Council on May 3, 1984

Preamble : 1-1-1 Adoption by Reference not a Waiver of Sovereign Power of the Delaware Tribe of Indians 1-1-2 Sovereign Immunity 1-1-3 Actions by or Against Tribes or its Officers or Employees 1-1-4 Statute of Limitations/Civil Actions 1-1-5 Principles of Construction

Jurisdiction : 2-1 Jurisdiction 2-2 Territorial Jurisdiction 2-3 Personal Jurisdiction 2-4 Jurisdiction over Property 2-5 General Subject Matter Jurisdiction : Limitations 2-6 Concurrent Jurisdiction 2-7 Exclusive Original Jurisdiction 2-8 Criminal Jurisdiction 2-9 Exclusion or Removal 2-10 Civil Jurisdiction

Courts - Officers : 3-1 Courts Established 3-2 Judges 3-3 Tribal Chief Judge 3-4 Judges Terms of Office 3-5 Court Sessions 3-6 Qualifications 3-7 Disqualification of Judge to Preside Over a Case 3-8 Removal of Judge from Office3-9 Filling of Vacancies 3-10 Assignment of Judges 3-11 Powers and Duties of Judges 3-12 Oath of Office of Judge 3-13 Clerk of Court 3-14 Duty of Clerk 3-15 Oaths of Clerks 3-16 Representation Before the Tribal Court 3-17 Lay Counsel 3-18 Professional Attorney 3-19 Review of Application 3-20 Disbarment and Discipline 3-21 Standards of Conduct and Obligations for Attorneys and Lay Counsel 3-22 Oath of Attorneys and Counselors 3-23 Admission Fees for Professional Attorneys 3-24 Probation and Parole Officers 3-25 Appointment of Bailiffs

Court : Rules and General Provisions : 4-1 Location of Court 4-2 Court Costs - Civil 4-3 Court Costs - Criminal 4-4 Pauper's Affidavits 4-5 Motions and Pleadings to be Signed 4-6 Printed or Duplicated Forms 4-7 Respect for Courts 4-8 Continuances 4-9 Extensions of Time 4-10 Inadvertent Settings 4-11 Injunctions - Restraining Orders 4-12 Filing Stamp 4-13 Assignment of Numbers to Cases4-14 Assignment of Numbers to Arrest and Search Warrants 4-15 Disclosure of Information 4-16 Fees Imposed for Service 4-17 Preparation of Trial Documents 4-18 Withdrawal as Counsel 4-19 Public Records 4-20 Copies of Laws 4-21 Arrests 4-22 Witnesses 4-23 Jurors 4-24 Trial Juries 4-25 Power to Excuse Jurors 4-26 Compensation of Jurors 4-27 Trials 4-28 Jury Instructions 4-29 Contempts 4-30 Civil Contempt 4-31 Criminal Contempt 4-32 Direct Contempt Procedure 4-33 Indirect Contempt 4-34 Subpoenas and Service of Other Papers 4-35 Service of Subpoenas : Return of Service 4-36 Witnesses Subpoenas 4-37 Commitments 4-38 Bail 4-39 Liability or Payment of Fines 4-40 Records and Fine to be Transmitted 4-41 Right to Jury in Criminal Cases 4-42 Search Warrants 4-43 Arraignment 4-44 Application for Writ of Habeas Corpus 4-45 Motion for a New Trial 4-46 Trial - Criminal Cases 4-47 Establishment of Coroner's Court 4-48 Inquest Procedures Judgment and Sentencing : 4-49 Nature of Sentences4-50 Time of Sentencing 4-51 Sentences of Imprisonment 4-52 Payment of Fines 4-53 Failure or Inability to Pay a Fine 4-54 Commutation of Sentence 4-55 Suspension of Sentence : Probation 4-56 Violation of Suspended Sentence : Hearing 4-57 Violations of Suspended Sentence : Penalty 4-58 Deposit and Disposition of Fines 4-59 Civil Remedies not Precluded

Title 10 Crimes and Punishments Part I. In General 1. Preliminary Provisions 2. General Provisions 3. Persons Liable to Punishment 4. Parties to Crime 5. Crimes Against the Elective Franchise 6. Crimes Against the Executive Power 7. Crimes Against the Legislative Power 8. Crimes Against the Revenue and Property of the Tribe 9. Flags, Offenses Concerning Part II. Crimes Against Tribal Justice Part III. Crimes Against the Person Part IV. Crimes Against Tribal Decency and MoralityPart V. Crimes Against Public Health and Safety Part VI. Crimes Against Public Peace Part VII. Crimes Against Property

Title 11 Criminal Procedure

Title 12 Intoxicating Liquors