Tribal Law - Lac Courte Oreilles Band of Lake Superior Ojibwe, Wisconsin; National Indian Law Library, Native American Rights Fund

TCT.3.3.010 Exclusive Jurisdiction

(a) The Court of Appeals shall have exclusive jurisdiction to review all decisions of the Tribal Court as provided herein. The decision of the Court of Appeals shall be final as to all such review.

(b) In a case properly filed under Subchapter TCT.2.9, and properly appealed under this chapter, the jurisdiction of the Court of Appeals shall include the authority to determine the constitutionality of acts of the Tribal Governing Board.

(Res. No. 07-72.)

Prior Codifications

§TCT.3.3.010 was formerly codified as LCOTCC §2.4

Commentary

Section TCT.3.3.010(a) safeguards the authority of the Court of Appeals to perform its review function without interference from other governmental agencies either before or after it has acted.

Section TCT.3.3.010(b) establishes the authority of the Court of Appeals to review the constitutionality of Tribal Governing Board acts of whatever nature. Because tribal constitutions do not typically provide for a separation of powers between the judiciary and the other functions of the government, some question may be raised as to the implicit authority of the courts to review the acts of tribal government. Whatever the correct answer is to that question, this subsection delegates whatever authority is necessary to perform such review.

Lac Courte Oreilles Band of Lake Superior Ojibwe, Wisconsin - Tribal Law

TCT.3.3.010 Exclusive Jurisdiction