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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Conservation Code
Chapter V. Reservation Court

Section 50.01. Establishment of Court

Section 50.02. Court Procedures

Section 50.03. Appellate Court

Section 50.04. Witness

Section 50.05. Spokesman or Other Representative

Section 50.06. Clerk of Court

Section 50.07. Records

Section 50.08. Complaints

Section 50.09. Warrants to Apprehend

Section 51.01. Arrests

Section 51.02. Search Warrants

Section 51.03. Penalties

Section 51.04. Disposition of Funds

LLOjibwe CC § 50.01
Section 50.01. Establishment of Court

A. The Leech Lake Reservation Court shall have jurisdiction of all violations of these ordinances. This Court shall consist of one Chief Judge to be selected in the following manner: The Leech Lake Tribal Council will select a Chief Judge from a competent candidate for said position. An Associate Judge shall be selected in the same manner as above and may be designated by the Chief Judge to serve in his absence, or in the event of his temporary disqualification.

B. Any adult Indian over the age of twenty-one (21) years, and whether a resident of the Reservation or not, shall be eligible for appointment a Judge, provided no person may hold such office who has been convicted of a felony or, within one (1) year then past, of a misdemeanor.

C. Any Judge of the Leech Lake Reservation Court may be suspended, dismissed or removed by the Leech Lake Tribal Council for cause. Each Judge shall be appointed for a term of three (3) years, unless sooner removed for cause, but shall be eligible for reappointment.

D. In case of a vacancy through resignation, the judgeship will be filled by an appointment through a majority vote of the Leech Lake Tribal Council.

E. It shall be the duty of the Court to judge all cases property brought before it. This Court shall decide in a fair and just manner whether violations of this ordinance have been committed.

F. All fines or penalties imposed shall be in accordance with the provisions set forth in Section 51.03 of this ordinance.

G. Court will convene in the Community Building or any other building designated by the Leech Lake Reservation Tribal Council upon request of the Chief Judge.

H. The Court shall collect all fines and other monies generated through enforcement of these ordinances.

I. All fines, fees and receipts collected shall be disposed of in the manner prescribed by Section 51.04 of this Ordinance.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 50.01, LLOjibwe CC § 50.01



LLOjibwe CC § 50.02
Section 50.02. Court Procedures

A. Sessions of the Leech Lake Reservation Court for the trial or hearing of cases brought under this Code shall be held by the Chief Judge, or the Associate Judge in the absence or disability of the Chief Judge.

B. All prosecutions shall be brought in the name of the Leech Lake Band of Chippewa Indians.

C. The Leech Lake Tribal Council shall appoint a prosecutor to prosecute any person or persons charged with offenses against the provisions set forth in this Code.

Revised Draft May 30, 1991.

Leech Lake Ojibwe Conservation Code § 50.02, LLOjibwe CC § 50.02

 




LLOjibwe CC § 50.03
Section 50.03. Appellate Court

The Leech Lake Tribal Council shall be the Appellate Court, and the Chairman of the Tribal Council shall preside as the Chief Judge thereof. Any Indian convicted by the Leech Lake Reservation Court may request a review of the Appellate Court by giving verbal or written notice within forty-eight (48) hours after the time of sentence and posting a bond with the Clerk of Court of twenty-five dollars ($25.00) to cover the court costs. The Appellate Court shall hear the case and may, by majority vote, affirm or reverse the trial judgement or reduce the sentence or penalty. If the conviction is reversed or the sentence or penalty is so modified, the cash deposit shall be refunded to the Defendant. In any case where the party has perfected the right of review as established herein, the judgement of the Trial Judge shall not be executed until after final disposition by the Appellate Court. If any member of of the Appellate Court is related to a party concerned in a trial by blood or marriage in the first or second degree, such member of the Court shall disqualify himself from serving on the Court in such case.

Leech Lake Ojibwe Conservation Code § 50.03, LLOjibwe CC § 50.03

 




LLOjibwe CC § 50.04
Section 50.04. Witness

The Judges of the Leech Lake Reservation Court shall have the power to issue subpoenas for the attendance of witnesses on the request of any parties to the case, which subpoenas shall bear the signature of the Judge issuing it. Each witness answering such subpoenas shall be entitled to a fee of a minimum of five dollars ($5.00) per day for each day his services are required for such payments. No witness fee shall be paid to a complaining witness who signs the complaint. Service of subpoenas shall be by Reservation Conservation Officers or by an Indian appointed by the Court for that purpose. Witnesses who testify voluntarily shall be paid by the party calling them. Any party to the case who desires to have witnesses subpoenaed must make a deposit of five dollars ($5.00) in case the Court is required to send an officer to subpoena any witness.

Leech Lake Ojibwe Conservation Code § 50.04, LLOjibwe CC § 50.04




LLOjibwe CC § 50.05
Section 50.05. Spokesman or Other Representative

Any person appearing as a defendant shall have a right to a spokesman to assist him in presenting his case, provided that such spokesman shall have first been approved to so act by the Tribal Judge or in advance by the Chief Judge. The Court shall adopt such standards for approval of spokesmen as it may deem necessary to insure effective representation. The Court may appoint a spokesman to assist any person if it appears necessary to protect such person's rights. Any defendant shall also have the right to be represented by an attorney at law, provided that such attorney has made proper application to the Court for admission to practice before it.

Leech Lake Ojibwe Conservation Code § 50.05, LLOjibwe CC § 50.05

 




LLOjibwe CC § 50.06
Section 50.06. Clerk of Court

The Leech Lake Tribal Council shall appoint a Clerk of Court for the Leech Lake Reservation Court. The Clerk of the Leech Lake Reservation Court shall render assistance to the Court, to the Band Conservation Officers and to the individual members of the Reservation in the drafting of complaints, subpoenas, warrants and commitments and any other documents incidental to the lawful functions of the Court. It shall be the further duty of said Clerk to attend and keep a written record of all proceeding of the Court, to administer oaths to witnesses, to collect fines paid and to pay all fees authorized by these regulations. It shall also be the duty of the Clerk to receive all fees for the issuance of Reservation Hunting and Fishing Licenses. The Clerk shall make an accounting from time to time, in a itemized form, all funds received and disbursed by him, to the Leech Lake Reservation Court. The Clerk shall receive reasonable compensation to be fixed by the Tribal Council.

Leech Lake Ojibwe Conservation Code § 50.06, LLOjibwe CC § 50.06




LLOjibwe CC § 50.07
Section 50.07. Records

The Leech Lake Reservation Court shall be required to keep for inspection by duly qualified officials, a record of all proceedings of the Court, which record shall reflect the title of the case, the names of the parties, the substance of the complaint or trial, by whom conducted, the findings and judgment of the Court, together with any other facts or circumstances deemed pertinent to the case.

Leech Lake Ojibwe Conservation Code § 50.07, LLOjibwe CC § 50.07




LLOjibwe CC § 50.08
Section 50.08. Complaints

No complaints filed with the Leech Lake Reservation Court shall be valid unless it shall bear the signature of the complainant or complaining witness, witnessed by a duly qualified Judge of the Leech Lake Reservation Court.

Leech Lake Ojibwe Conservation Code § 50.08, LLOjibwe CC § 50.08

 




LLOjibwe CC § 50.09
Section 50.09. Warrants to Apprehend

Judges of the Leech Lake Reservation Court shall have the authority to issue warrants of arrest, said warrants to issue in the discretion of the Court only after a written complaint shall have been filed, bearing the signature of the complaining witness. Service of such warrants shall be made by a duly qualified Leech Lake Conservation Officer. No warrant of arrest shall be valid unless it bears the signature of a duly qualified Judge of the Leech Lake Reservation Court.

Leech Lake Ojibwe Conservation Code § 50.09, LLOjibwe CC § 50.09

 




LLOjibwe CC § 51.01
Section 51.01. Arrests

No Reservation Conservation Officer, nor other officer or person designated to serve warrants, shall arrest any person for any offense defined by these regulations, except when such offense shall occur in the presence of the arresting officer, or member of the Band or he shall have reasonable evidence that the person arrested has committed an offense, or the officer shall have a warrant commanding him to apprehend such person.

Leech Lake Ojibwe Conservation Code § 51.01, LLOjibwe CC § 51.01

 




LLOjibwe CC § 51.02
Section 51.02. Search Warrants

The Chief Judge or an Associate Judge of the Leech Lake Reservation Court shall have authority to issue warrants for search and seizure of the premises and property of any person under the jurisdiction of said Court. However, no warrant of search and seizure shall be issued except upon a duly signed and written complaint based upon reliable information or belief and charging the commission of some offense against these regulations.

Leech Lake Ojibwe Conservation Code § 51.02, LLOjibwe CC § 51.02




LLOjibwe CC § 51.03
Section 51.03. Penalties

(1) Any Indian who violates any provision of this Conservation Code shall be deemed guilty of an offense; and upon conviction thereof shall be sentenced to payment of a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), an to forfeiture of all game, fish, nets, guns, wild rice, buoy, autos, boats, and peltries in his possession and relating to said violation or sentenced to serve a jail term of up to one hundred eighty (180) days, or both, or any other penalty as deemed appropriate by the Judge. Those offenses, however, defined as petty misdemeanors are subject to a maximum penalty of one hundred dollars ($100.00) and any forfeiture as above stated and are to be tried to the Court without a jury right. The following offenses shall be petty misdemeanors, (first offenses only):

Ricing:

1) Harvesting without permit;

2) Illegal pole, boat, flails;

3) Failure to have permit in possession;

4) Miscellaneous ricing violations.

Fishing:

1) Angling without permit;

2) Game fish out of season (1-4 only);

3) Rough fish out of season;

4) Miscellaneous fishing violations.

Hunting:

1) Violation of small game or bird limits (1-3 only);

2) Carrying loaded firearm in moving vehicle (day only);

3) Miscellaneous hunting violations.

Trapping:

1) No permit;

2) Tag violation;

3) Limit violation (each pelt is a separate offense).

(2) The Leech Lake Reservation Court may in its discretion, in addition to the above penalties, suspend the hunting, fishing, wild ricing or trapping rights, permits or license of any violator of this Code for a period of up to one (1) year's duration.

(3) Any non-Indian or person not subject to the Jurisdiction of the Leech Lake Reservation Court who violates any provision of this Code shall be subject to the penalties provided for in Public Law 86-634, 86th Congress, H.R. 4386, dated July 12, 1960:

“1164: Destroying boundary and warning signs: Whoever willfully destroys, defaces, or removes any sign erected by an Indian Tribe, or Government agency (1) to indicate the boundary of an Indian Reservation or of any Indian Country as defined in Section 1151 of this title or (2) to give notice that hunting, trapping, or fishing is not permitted thereon without lawful authority or permission, shall be fined no more that $250 or imprisoned not more than six (6) months, or both.”

“1165: Hunting, trapping or fishing on Indian Land: Whoever, without lawful authority or permission, willfully and knowingly goes upon land that belongs to any Indian or Indian Tribe, Band or group and either are held by the United States in trust or are subject to restriction against alienation imposed by the United States, that are reserved for Indian use, for the purpose of hunting, trapping or fishing thereon shall be fined not more than $250 or imprisoned not more that ninety (90) days, or both, all game, fish and peltries in his possession shall be forfeited.”

Leech Lake Ojibwe Conservation Code § 51.03, LLOjibwe CC § 51.03




LLOjibwe CC § 51.04
Section 51.04. Disposition of Funds

All fines and other monies collected by the Leech Lake Reservation Court shall be deposited to an Indian money account, entitled “Fish and Game Fund”. The use of this fund shall be limited to the enforcement of this Code or to the promulgation and development of fish and wild game, or other appropriate governmental uses as designated by the Leech Lake Tribal Council, and expenditures there from shall be made only upon specific authorization by the Leech Lake Tribal Council.

Leech Lake Ojibwe Conservation Code § 51.04, LLOjibwe CC § 51.04

 

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