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Yankton Sioux Tribal Code

Last Revised: 1995

TITLE I - YANKTON SIOUX TRIBAL GENERAL PROVISIONS

 

CHAPTER I. PRELIMINARY PROVISIONS

Sec. 1-1-1 Constitutional Authority

This Law and Order Code is adopted pursuant to the authority vested in the General Tribal Council under the Constitution of the Yankton Sioux Tribe.


Sec. 1-1-2 Name of Code

This Law and Order Code shall be known as the Law and Order Code of the Yankton Sioux Tribe and may be referred to as the Code, or Yankton Sioux Code, and may be abbreviated as Y.S.T.


Sec. 1-1-3 Prior Inconsistent Ordinances Repealed

Any and all ordinances of the Tribal Council which conflict in any way with the provisions of this Law and Order Code are hereby repealed to the extent that they are inconsistent with or conflict with, or are contrary to the spirit and/or purpose of this Law and Order Code. All prior ordinances and resolutions of the Tribal Council dealing with the same subject matter as the titles of this Code are repealed as of the effective date of this Code.


Sec. 1-1-4 Amendment of Law and Order Code

This Law and Order Code may be amended, additions made hereto, or deletions made therefrom in the manner provided for the adoption of Tribal Council ordinances. Amendments and additions to this Law and Order Code shall become a part thereof for all purposes and shall be codified and incorporated herein in a manner consistent with the numbering and/or annexion hereof.



CHAPTER II. ESTABLISHMENT OF COURTS; JUDGES AND OTHER
COURT PERSONNEL

Sec. 1-2-1 Courts Established

1. There is hereby established a Yankton Sioux Tribal Supreme Court which may be referred to as the Appellate Court, to handle all appeals from the Tribal Court and Tribal Juvenile Court as provided elsewhere in this Law and Order Code. The Supreme Court shall consist of three Justices.

2. There is hereby established a Yankton Sioux Tribal Court, which may be referred to as the Tribal Court, to handle all matters of a judicial nature not specifically placed within the jurisdiction of some other judicial forum. The Yankton Sioux Tribal Court shall be a court of general, civil and criminal jurisdiction and shall hear appeals from decisions of the Tribal Council and all Tribal administrative bodies.

3. There is hereby established a Yankton Sioux Tribal Juvenile Court, which may be referred to as the Tribal Juvenile Court, to handle all matters as set forth in the Juvenile Code contained in this Law and Order Code.


Sec. 1-2-2 Judges

1. There shall be appointed:

A. Three law-trained Supreme Court Judges for the Supreme Court;

B. One law-trained Chief Judge and as many law-trained associate Judges as the Yankton Sioux Tribal Council sees fit for the Tribal Court; and

C. One law-trained Juvenile Court Chief Judge and as many law-trained associate Juvenile Court Judges as the Yankton Sioux Tribal Council may see fit for the Juvenile Court.

2. The appointment, qualifications, terms of office, and compensation to be received by such judges shall be determined by the Tribal Business and Claims Committee, provided, however, that a judge once appointed shall not have his compensation decreased during his term of office, and provided further that no judge shall be suspended or removed from office prior to the expiration of his term, except as provided hereinafter.

3. Judges may be appointed to successive terms of office.


Sec. 1-2-3 Removal of Judges

Any judge may be removed from office prior to the expiration of his term of office by the majority vote of the Tribal Council only upon the grounds of neglect of duty or gross misconduct, and only after the holding of a public hearing at which the judge, after being given not less than five days notice, is given an opportunity to answer all charges and present evidence in his own defense.


Sec. 1-2-4 Powers and Duties of Judges

1. Judges shall administer justice and discharge all duties imposed upon them by law and shall hear and decide matters of a judicial nature and enter judgments and orders disposing of such matters. In the absence of the Court Clerk, a Judge may perform the clerk's duties in addition to his own and may receive cash bail or bonds whenever a clerk or other authorized person is not available.

2. The Chief Judge shall be responsible for the administration of all courts, except the Tribal Juvenile Court which shall be administered by the Juvenile Court Chief Judge, and shall supervise all probation and parole officers. In addition, the Chief Judge shall be responsible for the assignment of cases and the management of the Court's calendar and business. The Chief Judge shall designate an Associate Judge to act as Chief Judge in his absence.

3. All judges of the Courts of the Yankton Sioux Tribe shall conform their conduct to the Code of Judicial Conduct as adopted by the American Bar Association until such time as a Yankton Sioux Tribe Code of Judicial Conduct is adopted by the Tribal Bar Association or the Tribal Judges' Association.

4. Every judicial officer has power to:

A. Preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of his of judicial duty;

B. Compel obedience to his lawful orders;

C. Compel the attendance of persons to testify in proceeding before him as provided by law;

D. Administer oaths to persons in proceedings before him and in any other case where such shall be necessary in the exercise of his powers and duties;

E. Punish for contempt to assure the effectual exercise of these powers.


Sec. 1-2-5 Disqualification of Judges

1. A Judge shall disqualify himself from hearing any matter in which he has a direct interest or in which any party to the matter is a relative by blood, in the fourth degree (first cousins), or where he feels that he will not be able to render a just decision.

2. Any party to a legal proceeding may request a change of assignment of judges to hear the proceeding by filing a written affidavit of Prejudice giving sufficient, reasonable grounds why the judge assigned should not hear the case. Such affidavit shall be presented to the Judge assigned to hear the case who shall rule on the sufficiency of the affidavit, and, if sufficient, either disqualify himself or turn the affidavit over to the Chief Judge or some other judge for a decision as to whether a different Judge should be assigned.


Sec. 1-2-6 Oath of Office of Judge

1. Every Judge, prior to taking office or acting in such office, shall take the following oath or affirmation:

I, __________________, do solemnly swear (affirm) that I will support, defend, and uphold the Yankton Sioux Tribal Constitution, By-laws and Treaties of the Yankton Sioux Tribe; that I will support, uphold and enforce the Law and Order Code of the Yankton Sioux Tribe, and that I will faithfully and impartially discharge the duties of my office to the best of my ability.

2. Said oath may be administered by a member of the Tribal Business and Claims Committee or a Tribal Supreme Court Justice.


Sec 1-2-7 Clerks of Courts

1. There shall be a clerk of the Tribal Juvenile Court and two clerks of the Tribal Court, one of whom shall be designated by the Chief Judge as the Clerk of the Tribal Supreme Court. Additional assistant clerks may be appointed by the Tribal Council if such is deemed necessary.

2. The appointment, qualifications, terms of office and compensation of clerks shall be determined by the Tribal Council.


Sec. 1-2-8 Duties of Clerks

It shall be the duty of the Clerks of the Tribal Courts to supervise and keep all records, files, dockets or other records required to be kept by this Code, by rule of the Court, Tribal resolution or as otherwise established, and further to keep a written record of all proceedings of the Court, to administer oaths, to collect and account for all fines, bail or bond money, fees or other charges which cause money to come to the Court, to deposit and account for all such moneys in the manner prescribed by the Tribal Council, and to disburse such money as authorized by law. The Clerks shall further assist the Court in any way required to facilitate the performance of its duties, to aid the police or private citizens in their dealings with the Court, and may render advice and assistance to individual members of the Tribe or their counsel in the drafting of documents incidental to proceedings in the Courts:


Sec. 1-2-9 Oath of Clerks

1. Every Clerk shall take the following oath upon assuming office:

I, _________________, having been appointed Clerk of the Yankton Sioux Tribal (Juvenile) Court, do solemnly swear (affirm) that I will truly, faithfully, honestly, and impartially discharge all of the duties of my office to the best of my ability and understanding.

2. Such oath shall be administered by a Judge of the Tribal Court.


Sec. 1-2-10 Court Administrator

The Tribal Business and Claims Committee may, at such time as it appears reasonably necessary for the efficient functioning of the Court, appoint a Court Administrator whose job it will be to aid the Chief Judge in administering the courts, the scheduling of cases and processing of papers for scheduled cases, and do such other things as the Tribal Business and Claims Committee or Chief Judge directs to assure the orderly and efficient operation of all Tribal Courts.

Sec. 1-2-11 Probation and Parole Officers

1. The Tribal Business and Claims Committee shall appoint one or more persons to be Probation and Parole Officers and shall determine the qualifications, terms of employment and compensation of such officers.

2. Probation and Parole Officers, subject to the supervision of the Chief Judge, shall have the responsibility of assuring the faithful performance of probation or parole agreements by persons subject thereto, counseling such persons and their families, preparing presentence or other reports as requested by a Tribal Judge, and doing such other things as may be directed by a Tribal Judge or otherwise required by law.

3. A Probation and Parole Officer shall have the authority of a police officer to make arrests for violation of probation or parole agreements.


Sec. 1-2-12 Bonding of Court Personnel

1. All Judges and Clerks shall be bonded, at Tribal expense, in amounts determined by the Tribal Council, to secure the honest performance of their duties.



CHAPTER III. CONTEMPTS

Sec. 1-3-1 Acts or Failure to Act Which Constitute Contempt of Court

The following acts or failures to act may serve as the basis for finding an individual or other entity in contempt of court:

1. Disorderly, contemptuous, or insulting behavior toward a Judge while holding Court, which tends to interrupt the course of the proceedings or undermine the dignity of the Court.

2. A breach of the peace, or loud boisterous conduct which tends to interrupt the course of a judicial proceeding.

3. Deceit, or abuse of process or proceedings of the Court by a party or counselor to a judicial proceeding.

4. Disobedience to a lawful judgment, order or process of the Court.

5. Assuming to be an officer, spokesman or other official of the Court and acting as such without authority.

6. Rescuing or taking any person or property from the Court or an officer acting under Court order, contrary to the order of the Court.

7. Unlawfully detaining or otherwise interfering with a witness or party to an action while such person is going to or from a Court proceeding or attending Court.

8. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

9. Any other interference with the process, proceeding, or dignity of the Court or a Judge of the Court while in the performance of his official duties.


Sec. 1-3-2 Civil Contempt

1. A civil contempt is prosecuted to preserve, protect, enforce or restore the duly adjudicated rights of a party to a civil action against one under legal obligation to do or refrain from doing something as a result of a judicial decree or order.

2. Relief in a civil contempt proceeding may be coercive or compensatory in nature as to the complaining party and may include a fine payable to the Court or to the complaining party or imprisonment of the party in contempt to secure compliance, or both.


Sec. 1-3-3 Criminal Contempt

1. Conduct which is directed at, or is detrimental to, the dignity and authority of the Court is a criminal contempt.

2. Criminal contempt is an offense which may be punishable, at the discretion of the Court based on the nature of the conduct in question, with a fine of up to five hundred dollars $500.00 and/or up to six (6) months in jail.


Sec. 1-3-4 Contempt Procedure

1. A direct contempt is one committed in the presence of the Court or so near thereto as to be disruptive of the Court proceedings, and such may be adjudged and punished summarily.

2. All other contempts shall be determined by a hearing at which the person accused of contempt is given notice and an opportunity to be heard.



CHAPTER IV. JURISDICTION

Sec. 1-4-1 Jurisdiction, Tribal Policy

It is hereby declared as a matter of Tribal policy, that the public interest and the interests of the Yankton Sioux Tribe demand that the Tribe provide itself, its members, and other persons living within the territorial jurisdiction of the Tribe as set forth in the 1858 "Treaty with the Yankton Sioux," (11 Stat. 743) with an effective means of redress in both civil and criminal cases against members and non-Tribal members who through either their residence, present business dealings, other actions or failures to act, or other significant minimum contacts with this Reservation and/or its residents commit criminal offenses against the Tribe or incur civil obligations to persons or entities entitled to the Tribes protection. This action is deemed necessary as a result of the confusion and conflicts caused by the increased contact and interaction between the Tribe, its members, and other residents of the Reservation and other persons and entities over which the Tribe has not previously elected to exercise jurisdiction. The jurisdictional provisions of this Code, to insure maximum protection for the Tribe, its members and other residents of the Reservation, should be applied equally to all persons, members and non-members alike.


Sec. 1-4-2 Territorial Jurisdiction

The Jurisdiction of the Courts of the Yankton Sioux Tribe shall extend to the territory within the exterior boundaries as set forth in the 1858 "Treaty with the Yankton Sioux" (11 Stat. 743) and to such other lands without such boundaries as may hereafter be added to the Reservation or held in Trust for the Tribe under any law of the United States or otherwise.


Sec. 1-4-3 Personal Jurisdiction

1. As used in these jurisdictional provisions, the word "person" shall include any individual, firm, company, association, or corporation.

2. Subject to any contrary provisions, exceptions or limitations contained in either federal law, the Tribal Constitution, or as expressly stated elsewhere in this Code, the Courts of the Yankton Sioux Tribe shall have civil and criminal jurisdiction over the following persons:

A. Any person residing, located or present within the Reservation for:

1. Any civil cause of action; or

2. Any charge of criminal offense prohibited by this Code or other ordinance of the Tribe when the offense is alleged to have occurred within the Reservation.

B. Any person who transacts, conducts, or performs any business or activity within the Reservation, either person or by an agent or representative, for any civil cause of action or charge of criminal offense for any act expressly prohibited by this Court or other ordinance of the Tribe arising from such business or activity.

C. Any person who owns, uses or possesses any property within the Reservation, for any civil cause of action or charge of criminal offense prohibited by this Code or other ordinance of the Tribe arising from such ownership, use or possession.

D. Any person who commits a tortious act or engages in tortious conduct within the Reservation, either in person or by an agent or representative, for any civil cause of action arising from such act or conduct.

E. Any person who commits a criminal offense prohibited by this Code or other ordinance of the Tribe, by his own conduct or the conduct of another for which he is legally accountable, if:

1. The conduct occurs either wholly or partly within the Reservation; or

2. The conduct which occurs outside the Reservation constitutes an attempt, solicitation, or conspiracy to commit an offense within the Reservation, and an act in furtherance of the attempt or conspiracy occurs within the Reservation; or

3. The conduct which occurs within the Reservation constitutes an attempt, solicitation, or conspiracy to commit in another jurisdiction an offense prohibited by this Code or ordinances of the Tribe and such other jurisdiction.

4. None of the foregoing bases of jurisdiction is exclusive, and jurisdiction over a person may be established upon any one or more of them as applicable.


Sec. 1-4-4 Jurisdiction Over Property

Subject to any contrary provisions, exceptions, or limitations contained in either federal laws and regulations, the Tribal Constitution, or as expressly stated elsewhere in this Code, the Tribal Court shall have jurisdiction over any real or personal property located on the Reservation to determine the ownership thereof or rights therein or to determine the application of such property to the satisfaction of a claim for which the owner of the property may be liable.


Sec. 1-4-5 General Subject Matter Jurisdiction, Limitations

Subject to any contrary provisions, exceptions, or limitations contained in federal law or the Tribal Constitution, the Courts of the Yankton Sioux Tribe shall have jurisdiction over all civil causes of action and over all offenses prohibited by this Code except the Courts of the Yankton Sioux Tribe shall not assume jurisdiction over any civil or criminal matter which does not involve either the Tribe, its officers, agents, employees, property or enterprises, or a member of the Tribe, member of a federally recognized tribe, if some other forum exists for the handling of the matter and if the matter is not one in which the rights of the Tribe or its members may be directly or indirectly affected.


Sec. 1-4-6 Concurrent Jurisdiction

The jurisdiction involved by this Code over any person, cause of action, or subject shall be concurrent with any valid jurisdiction over the same of the courts of the United States, any state, or any political subdivision thereof; provided, however, this Code does not recognize, grant, or cede jurisdiction to any political or governmental entity in which jurisdiction does not otherwise exist in law.


Sec. 1-4-7 Exclusive Original Jurisdiction

1. The Courts of the Yankton Sioux Tribe shall have exclusive original jurisdiction in all matters in which the Yankton Sioux Tribe or its officers or employees are parties in their official capacities.

2. Nothing contained in the preceding paragraph or elsewhere in this Code shall be construed as a waiver of the sovereign immunity of the Tribe or its officers or enterprises unless specifically denominated as such.



CHAPTER V. COUNSELORS AND PROFESSIONAL ATTORNEYS

Sec. 1-5-1 Lay Counsel

1. Any person appearing as a party in any judicial proceeding before a Court of the Yankton Sioux Tribe shall have the right to be represented by a lay counselor (not a professional attorney) and to have such person assist in the preparation and presentation of his case.

2. The Yankton Sioux Tribe shall have no obligation to provide or pay for such lay counselors and such obligation shall rest entirely with the person desiring such a counselor.

3. Any person appearing as a lay counselor shall be subject to the same ethical obligations of honesty and confidentiality towards his client and the Court as would a professional attorney, and the attorney-client testimonial privilege shall apply in appropriate circumstances.

4. Lay counselors shall be deemed officers of the Court for purposes of their representation of a party and shall be subject to the disciplinary authority o£ the Court in all matters relating to their representative capacity.


Sec. 1-5-2 Right to be Represented by a Professional Attorney

Any person appearing as a party in any civil or criminal action shall have the right to be represented by a professional attorney of his own choice and at his own expense; provided, however, that the Yankton Sioux Tribe has no obligation to provide or pay for such an attorney; provided further, that any such attorney appearing before the Courts of the Yankton Sioux Tribe shall have first obtained admission to practice before such Courts in accordance with the procedures set forth herein.


Sec. 1-5-3 Eligibility for Admission

Any attorney who is an active member in good standing of the South Dakota State Bar, or any attorney certified and eligible to practice before the highest court of any other state or of the Supreme Court of the United States is eligible to be admitted to practice before the Courts of the Yankton Sioux Tribe.


Sec. 1-5-4 Procedure for Admission

1. Any professional attorney desiring to be admitted to practice before the courts of the Yankton Sioux Tribe shall apply for admission by certifying under oath, either verbally or in writing to the following:

A. That he is an active member in good standing of the South Dakota State Bar or is certified and eligible to practice before the highest court of any other state or of the Supreme Court of the United States.

B. That if admitted to practice before the courts of the Yankton Sioux Tribe he will take the required oath as prescribed in the Law and Order Code for Attorneys and be bound thereby.

C. That if admitted to practice he will accept and represent indigent clients without compensation or without full compensation when asked by a Judge of the Court to do so.

2. An admission fee of $75.00 shall be tendered with the application, subject to return if the application is denied. The fee shall be waived for attorneys employed by the Tribe and for others upon tribal council resolution. The fee shall go into a special Bar Admission Fund to be used for training of tribal court staff, lay counselors and other officers of the Tribal Court. If a Yankton Sioux Tribal Bar Association is formed, then that association shall assume responsibility and control for the collection and expenditures of these fees. The Tribal Court or, if organized, the bar association shall retain the right to establish and require the taking of a bar examination for admission to practice before the Yankton Sioux Tribal Court.

3. Upon receipt of an application for admission to practice before the Courts of the Yankton Sioux Tribe, the Chief Judge shall review the application and may, but need not, investigate into the truth of the matters contained therein. If satisfied that the applicant meets the qualifications set forth herein, the Chief Judge shall notify such person who may then appear in person to take the oath prescribed herein or may subscribe his signature to such oath and forward it to the Chief Judge.

4. Upon the taking of the oath, either orally or in writing, the Chief Judge shall cause a certificate to be issued evidencing the admission of the attorney to practice before the Courts of the Yankton Sioux Tribe.

5. Any person denied admission shall have a right to appeal and have a due process hearing before the Tribal Supreme Court.


Sec. 1-5-5 Disbarment and Discipline

1. Whenever it is made to appear to the Chief Judge that any attorney admitted to practice before the Courts of the Yankton Sioux Tribe has been disbarred or suspended from the practice of law in the State of South Dakota or other state to which reference for admission to practice was made as a condition to obtaining admission to practice before the Tribal Courts, he shall immediately be given notice at his last known address that he shall be suspended from practice before the Courts of the Yankton Sioux Tribe for an indefinite period unless he appears within five (5) days and shows good cause why such order should not be made.

2. Any judge who finds an attorney admitted to practice before the Courts of the Yankton Sioux Tribe to be in contempt of Court may, in addition to any other sanction imposed, order the attorney to appear within ten (10) days and show cause why he should not be suspended from practicing before the Courts of the Yankton Sioux Tribe.

3. The Chief Judge may, upon receiving a written, verified complaint which indicates that an attorney admitted to practice before the Courts of the Yankton Sioux Tribe has acted in an unethical or otherwise improper manner while functioning as an attorney, order such attorney to appear and defend himself at a hearing, to hear all evidence relevant to the matter, and may order the suspension of such an attorney if such appears reasonably necessary or appropriate. If the Chief Judge is the complainant, another trial judge shall hear and decide the matter.

4. All suspensions from practicing before the Courts of the Yankton Sioux Tribe shall be for an indefinite period unless the Judge specifically orders otherwise. An attorney suspended for an indefinite period, or one suspended for a specific period, may petition the Tribal Court for permission to re-apply for permission to practice at the end of one year or the specific period of suspension, and such permission shall be granted if it is made to appear, at a hearing or otherwise as the Court shall direct that he has been adequately reproved and now appears willing to conduct himself in a proper manner, and that the petitioner has been reinstated to practice if previously disbarred or suspended in another jurisdiction.

5. Any person appearing as lay counsel for another may be suspended from further appearances as such for misconduct or improper behavior by any Judge upon the same conditions of notice and hearing provided professional attorneys.


Sec. 1-5-6 Standards of Conduct and Obligations for Attorneys and Lay Counsel

1. Every attorney admitted to practice before the Courts of the Yankton Sioux Tribe, and every lay counsel employed or appointed to represent another before such courts when acting in such capacity or in matters in any relation thereto shall conform his conduct in every respect to the requirements and suggested behavior of the Code of Professional Conduct as adopted by the American Bar Association.

2. Both professional attorneys and lay counselors who hold themselves out as being available to act as such have a responsibility to accept as clients and represent without compensation or without full compensation, such persons as a Judge of a Tribal Court feels have particularly urgent needs for such representation but are personally unable to afford to pay for such legal help.


Sec. 1-5-7 Oath of Attorneys and Counselors

1. Upon admission to practice as provided herein, an attorney shall take the following oath, either verbally before the Court, or subscribe his signature to such oath if admitted without personally appearing:

I do solemnly swear (affirm):

That I will support and defend the Constitution and By-laws, Law and Order Code and all resolutions and ordinances of the Yankton Sioux Tribe; that I will maintain the respect due the Courts and Judicial officers of the Yankton Sioux Tribe; that I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; that I will employ for such purposes of maintaining the cause confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement or fact or law; that I will maintain the confidences and preserve inviolate the secrets of my client, and will accept no compensation in connection which his business except from him or with his knowledge and approval; that I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required in justice by the cause with which I am associated; that I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed or delay any man's cause for lucre or malice. SO HELP ME GOD.

2. A lay counselor hired, retained or appointed to represent another before any Court of the Yankton Sioux Tribe, shall take the foregoing oath at the time of his first appearance in Court.


Sec. 1-5-8 Non-Resident Attorneys

Any tribal Judge may waive the formal admission procedure and payment of the fee as required herein in the case of an attorney, not a resident of the State of South Dakota, making an appearance for the limited purpose of a single, specific case, and if such attorney is associated in such case with an attorney or counselor who is formally admitted to practice before the Courts of the Yankton Sioux Tribe or upon stipulation of the Tribal Prosecutor in a criminal proceeding.



CHAPTER VI. JURORS

Sec. 1-6-1 Eligibility for Jury Duty

1. Any enrolled member of the Yankton Sioux Tribe, between the ages of 21 and 70, who has not been convicted of a felony or a Class A offense under this Code, and who resides on the Yankton Sioux Indian Reservation, shall be eligible to be a juror. Judges, other officers or employees of the Court, attorneys and lay counselors shall not be eligible to be jurors.

2. The Chief Judge may by rule adopt procedures whereby non-enrolled Indians and non-Indians may be summoned for jury duty in cases involving one or more non-Indian parties involved.


Sec. 1-6-2 Jury Lists

Each year, the Tribal Council, or the Clerk of Courts, at the direction of the Tribal Council, shall prepare a list of eligible jurors, which list shall contain not less than fifty (50) names and which shall contain the names of persons from each community and Reservation district, prorated according to the relative population of the communities and districts.


Sec. 1-6-3 Jury Trials

1. The Clerk shall subpoena not less than twenty (20) persons from the list of eligible jurors to appear and be available to serve as jurors whenever a jury trial is scheduled in a civil or criminal matter.

2. The selection from the list of eligible jurors shall be by lot or some other means of random, impartial selection.

3. Selection of jurors to hear the case shall be accomplished as provided for in the rules of Civil and Criminal Procedure elsewhere in this Code.


Sec. 1-6-4 Power to Excuse Jurors

Only the Judge assigned to hear a case shall have the power to excuse a person subpoenaed to appear as a juror, doing so on account of sickness, disability, extreme hardship or other good cause shown upon a request for excusal by the person subpoenaed.


Sec. 1-6-5 Compensation of Jurors

Each juror who is called and reports for jury duty or who serves on a jury shall be entitled to receive such fees for daily service and/or mileage, if any, as the Tribal Council shall establish by resolution or as established by a rule of the Court.



CHAPTER VII. SUBPOENAS AND SERVICE OF OTHER PAPERS

Sec. 1-7-1 Issuance of Subpoenas

1. The Clerk shall issue subpoenas to compel the attendance of witnesses, jurors or such other persons as a judge may direct for a trial, hearing or other proceeding before a Court of the Yankton Sioux Tribe.

2. In a criminal case, the complaining witness and all witnesses for the Yankton Sioux Tribe may be subpoenaed to appear at the date and time set for trial or a reasonable time before such time, and the defendant shall have the right to have witnesses subpoenaed to appear in his behalf by notifying the Clerk of Court of the names and addresses of such witnesses not less than ten (10) days prior to the scheduled trial date.


Sec. 1-7-2 Services of Subpoenas; Return of Service

1. Subpoenas in criminal cases shall be served by a tribal policeman, or other person designated by the Chief Judge, Chief of Police or Tribal Council.

2. Subpoenas in non-criminal cases may also be served by any tribal member over 18 years of age, not a party to the action, who is a resident of the reservation.

3. Except by order of the Court based upon good cause shown, no subpoena shall be served between the hours of 9:00 p.m. and 7:00 a.m. or on Sundays or legal holidays.

4. The person serving a subpoena shall endorse upon the copy served his name, title, and the place, date, and time of service.

5. The person serving a subpoena shall make a return to the Clerk stating the name of the case, the name of the person served, the place, date, and time of service and shall subscribe his name thereto under penalty or perjury for the intentional making of a false return.



CHAPTER VIII. GENERAL PROVISIONS

Sec. 1-8-1 Signature Defined

The term "signature" or any term relating thereto as used in this Law and Order Code or subsequent resolutions or ordinances of the Tribal Council shall mean the written signature or mark or thumbprint of any individual witnessed by two disinterested persons subscribing their names therewith, or made before one authorized to administer oaths.


Sec. 1-8-2 Records of Court Open to Public Inspection; Exceptions

The files and records of the Courts of the Yankton Sioux Tribe shall be open for public inspection except that the files and records of adoptions, incompetency proceedings, and Tribal Juvenile Court proceedings shall not be open to public inspection and may be inspected only with prior specific judicial authorization.


Sec. 1-8-3 Adoption by Reference Not a Waiver of Sovereign Power of the Yankton Sioux Tribe

The adoption of any law, code or other document by reference into this Code shall in no way constitute a waiver or cession of any sovereign power of the Yankton Sioux Tribe to the jurisdiction whose law or code is adopted or in any way diminish such sovereign power, but shall result in the law or code thus adopted becoming the law of the Yankton Sioux Tribe.


Sec. 1-8-4 Sovereign Immunity

Except as required by federal law, or the Constitution and By-Laws of the Yankton Sioux Tribe, or specifically waived by a resolution or ordinance of the Tribal Council specifically referring to such, the Yankton Sioux Tribe shall be immune from suit in any civil action, and its officers and employees immune from suit for any liability arising from the performance of their official duties.


Sec. 1-8-5 Actions By or Against Tribe or Its Officers or Employees

In any action otherwise authorized by or against the Tribe or its officers or employees arising from the performance of their official duties, the following modifications to the rules and procedures set forth in this Code shall apply:

1. The periods of time specified for civil cases or appeals of either a civil or criminal nature in which an answer, reply or other pleading, or response of any kind shall be required, shall be double the period specified.

2. Neither the Tribe nor its officers or employees when involved in a civil action arising from the performance of their official duties shall be liable for the payment of the costs or expenses of the opposing party.

3. Neither the Tribe nor its officers or employees when involved in a civil action arising from the performance of their official duties shall be required to post security by bond or otherwise for any purpose.


Sec. 1-8-6 Limitations in Civil Actions

Unless otherwise specifically provided in this Code, the following limitations on the bringing of civil actions will apply:

1. Any action against the Tribe or its officers or employees arising from the performance of their official duties must be commenced within one year of the date the cause of action accrued, unless barred by the doctrine of sovereign immunity.

2. Any other action must be commenced within three years of the date the cause of action accrued, provided, however, that any cause of action based on fraud or misrepresentation shall not be deemed to have accrued until the aggrieved party has discovered the facts constituting the fraud or misrepresentation.


Sec. 1-8-7 Principles of Construction

The following principles of construction will apply to this Code unless a different construction is obviously intended:

1. Masculine words shall include the feminine, and singular words shall include the plural, and vice versa.

2. Words shall be given their plain meaning and technical words shall be given their usually understood meaning where no other meaning is specified.

3. Whenever a term is defined for a specific part of this Code, that definition shall apply to all parts of the Code unless a contrary meaning is clearly intended.

4. This Code shall be construed as a whole to give effect to all its parts in a logical and consistent manner.

5. If any provision of this Code or the application of any provision to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby and to this end the provisions of this Code are declared to be severable.

6. Any typographical errors or omissions shall be ignored whenever the full meaning of the provision containing the error or omission is otherwise reasonably earthen to the Court.

7. Any other issues of construction shall be handled in accordance with generally-accepted principles of construction giving due regard for the underlying principles and purposes of this Code.


Sec. 1-8-8 Definitions

The following definitions will apply for the purposes of this Code:

1. "Indian" or "Indian Person" shall include any person of Indian descent who is a member of any federally recognized Tribe.

2. "Member" shall include a person whose name appears on the Membership Roll of the Yankton Sioux Tribe.

3. "Reservation" shall include all lands within the exterior boundaries of the Yankton Sioux Indian Reservation as set forth in the 1858 "Treaty with the Yankton Sioux" (11 Stat. 743).

4. "Tribe" shall mean the Yankton Sioux Tribe unless another or specific Indian Tribe is clearly intended.

5. "Tribal Council" shall mean the Yankton Sioux Tribal Council.

6. "Superintendent" shall mean the of the Bureau of Indian Affairs, Yankton Sioux Agency, Wagner, South Dakota.

7. "Age of Majority" shall mean 18 years of age unless otherwise provided in this Code, or in the Yankton Sioux Tribal Constitution and By-laws.

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