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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§4 JURISDICTION

§4-1-1 Personal Jurisdiction - Civil

The Tribal Court shall have civil jurisdiction over the person as follows:

(a) All persons residing, located or present within or upon reservation property; or,

(b) All persons who transact, conduct or perform any business or activity within or upon reservation property, either in person or by an agent or representative, for any act prohibited by the Tribal Code or other ordinance of the tribe arising from such business activity; or,

(c) All persons who own, use or possess any property within the reservation for any action arising under this code or other ordinance of the tribe;

(d) All persons who commit tortious acts or engage in tortious conduct on or within the reservation, either in person or by an agent or representative; or

(e) All enrolled tribal members, members of other federally recognized tribes on or within the reservation or doing business with the tribe.

 

§4-1-2 Personal Jurisdiction - Criminal

The Tribal Court shall have criminal jurisdiction over the person as follows:

(a) All enrolled tribal members, or other federally recognized Indians for any violation of a criminal offense contained in the Tribal Criminal Code or other ordinance of the Tribe when the criminal offense is alleged to have occurred on or within the reservation or within the territorial jurisdiction of the tribe; or

(b) All enrolled tribal members, or other federally recognized Indians who commit a criminal offense as set out in the Tribal Criminal Code or other ordinance of the tribe, by their own conduct or the conduct of another for which they are legally accountable if:

(1) The conduct occurs either wholly or partially on or within the reservation or territorial jurisdiction of the tribe; or,

(2) The conduct which occurs outside the reservation or territorial jurisdiction of the tribe constitutes an attempt, solicitation or conspiracy to commit an offense within the reservation or territorial jurisdiction of the tribe and an act in furtherance of the attempt or conspiracy occurs within the reservation or territorial jurisdiction of the tribe; or,

(3) The conduct which occurs within the reservation or territorial jurisdiction of the tribe constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited by the Tribal Criminal Code or other ordinance of the tribe and is also prohibited by the other jurisdiction.

 

§4-1-3 Jurisdiction Over Property

The Tribal Court shall have civil and criminal jurisdiction over property, real and personal, as follows:

(a) All property located on or within the reservation and/or territorial jurisdiction of the tribe;

(b) Any property which has been unlawfully removed from the reservation or territorial jurisdiction of the tribe;

(c) All property of the Poarch Band of Creek Indians wheresoever located.

 

§4-1-4 Subject Matter Jurisdiction

(a) The Tribal Court shall have subject matter jurisdiction over all civil actions in which the Tribal Court has jurisdiction over the person or property;

(b) The Tribal Court shall have jurisdiction over all criminal matters alleged to be committed by tribal members, members of other federally recognized tribes within the reservation and jurisdiction of the Tribal Court.

 

§4-1-5 Original and Exclusive Jurisdiction

(a) The Tribal Court shall have original and exclusive jurisdiction over all civil matters within the jurisdiction of the Tribal Court.

(b) The Tribal Court shall have original and exclusive jurisdiction over all criminal offenses committed within the territorial jurisdiction, of the tribe by enrolled members of the tribe,or other federally recognized Indians, except to the extent that the Major Crimes Act or other Federal Laws provide for criminal jurisdiction on Indian Reservations, or within the territorial jurisdiction of Indian Tribes, and in that event, the jurisdiction shall be concurrent with the United States Government. The State of Alabama shall have no jurisdiction, criminal or civil, within the reservation or territorial jurisdiction of the tribe and there shall be no concurrent jurisdiction with the State of Alabama with respect to the jurisdiction of the tribe for civil or criminal matters, unless and only to the extent that approval has been given for the same by the Tribal Council.

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