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to Table of Contents Cheyenne-Arapaho
Tribes of Oklahoma [Law and Order Code]
Last amended: 1988 [TITLE II - LAW AND ORDER CODE - SUBPART A] - COURTS
There is hereby established, ordained, and activated pursuant to the Constitution of the Tribes the Judicial Branch of the Government of the Tribes with a lower Court known as the District Court and an upper Court known as the Supreme Court.
The following words have the meanings given below when used in this Title, unless a different meaning is obvious from the context:
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 Tribes have 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 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.
The Courts shall have general civil jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the Tribes 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 Tribes, and over 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.
The Courts shall have original jurisdiction over all criminal offenses enumerated and defined in any ordinance adopted by the Tribes insofar as not prohibited by federal law.
To the extent permitted by federal law the Courts shall have probate jurisdiction over all of 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.
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.
The Courts shall apply the Tribal Constitution, and the provisions of all statutory law heretofore or hereafter adopted by the Tribes. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, 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 Tribes 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.
The Business Committee shall have the authority to alter, amend, or repeal any provision of this Title or to add new sections to this Title in its discretion.
The District Court shall consist of the Chief Judge, and such District Judges, Special Judges, and Magistrates as may be appointed according to law.
A Judge shall:
Justices and Judges of the Tribes shall be nominated by the Chief Executive Officer and confirmed by the Business Committee upon a vacancy occurring in a judicial office in the following manner:
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.
Before assuming office each Judge, Special Judge, and Magistrate shall take an oath to support and protect the Constitution of the Tribes 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.
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:
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 on the panel or the final numerical vote of the panel, the decision should simply reflect that it is the decision of the Court.
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 Title. 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.
The District Court shall be a Court of Record. To preserve such records:
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.
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.
The Supreme Court shall consist of one (1) Chief Justice, and four (4) Associate Justices.
To be eligible for selection or confirmation as a Justice of the Supreme Court, a person shall:
Justices shall be selected in accordance with the provisions of Section 103 of this Title.
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.
Before assuming office each Justice shall take an oath to support and protect the Constitution of the Tribes 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.
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:
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.
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 Business Committee 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 Title, although special appointments by the Business Committee shall be made by formal action with notice to the parties in a case where appropriate.
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.
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.
There is hereby authorized to be maintained by the Clerk under the supervision of the Court, a fund to be known as the "Court Fund" into which shall be deposited all fines, fees, penalties, costs, and other monies 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 or Justices of the District or Supreme Courts. 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.
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".
The Court Clerk is a supervisory administrative position of the Judicial Branch of the Government of the Tribes 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.
The Court Clerk shall have the following powers and duties:
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 Tribes 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 the words "Supreme Court Clerk" and the name of the Tribes 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.
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:
Certified copies of records shall be admissible as evidence without further authentication in all judicial and administrative proceedings of the Tribes.
The District and Supreme Courts 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.
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 and in any place either within or without the tribal jurisdiction; but no hearing, other than one ex parte, shall be conducted outside the tribal jurisdiction without the consent of all 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 Tribes have 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.
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.
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 note in the docket of the mailing. Such mailing is sufficient notice for all purposes 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.
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.
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.
Where the 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, and shall also be liable on his official bond.
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.
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.
The papers in each case shall be kept in a separate file marked with the title and number of the case.
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.
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.
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, be 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.
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.
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 Business Committee, such statistical and other information as the Supreme Court or the Business Committee may require, including, but without being limited to, the number and classification of cases:
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.
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 Business Committee and the cost thereof shall be paid from Tribal funds. The style of all process shall be "The Cheyenne-Arapaho Tribes of Oklahoma 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.
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.
The Chief of the Tribal Police shall endorse 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.
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 fail to do so, unless he make it appear to the satisfaction of the Court that he was prevented by inevitable accident form 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 the 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 commenced in Court, the Clerk shall direct the original, or other process, in such suit to the Chief Executive Officer of the Tribes 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.
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.
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 Chief's 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. 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 endorsed 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.
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.
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.
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.
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 injuring proximately caused thereby.
Whenever an action is filed in the Court by the Tribes, or by direction of any department of the Tribes, their agencies, commissions, or political branches, no bond, including cost, 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.
(a) If a bench warrant or command to enforce a Court order by body attachment is issued in a case 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 Tribes as the Court shall direct for the payment of any sums 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 Tribes as ordered by the Court, including bail bonds, the Tribes 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.
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.
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.
When an officer, executor, or administrator within the jurisdiction of the Tribes 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.
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.
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.
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.
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.
Notwithstanding any other provision of this Title, the Business Committee 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 Tribes, such magistrates, judges, or justices shall have all the powers and authority vested in a Magistrate, Judge, or Justice of the Tribes. Such judicial officers may be in addition to, in lieu of, or the same as, those Magistrates, Judges, and Justices authorized by this Title.
Notwithstanding any other provision of this Title, the Business Committee is hereby authorized to negotiate an agreement with the Bureau of Indian Affairs or other Indian Tribes for the shared use of Court Clerks, Attorneys General, 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 required 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.
Notwithstanding any other provision of Tribal law, the Business Committee 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 Tribes.
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 Tribal Prosecutor 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.
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 on 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.
The prior decisions of the Courts acting for the Tribes shall be binding upon the parties thereto. The rules of law 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.
The District and Supreme Courts shall have the authority to review any act by the Business Committee, 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 such action, or the manner of its exercise, to be unlawful, it may enjoin the action, refuse to recognize an unlawful action or refuse to apply the law or statute in question. 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 or action.
Whenever no specific procedure is provided in the Tribal Code, the Court may proceed in any lawful fashion. Back to Top |
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