Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan - Tribal Code
Table of Contents Updated: June 2018
The tribe makes their tribal court ordinances available online. The link below will take you to the version of the ordinances available on the tribe's website.
Tribal Court Rules and Tribal Court Ordinances
Table of Contents
TRIBAL COURT ORDINANCES
Judicial Ordinance
CHAPTER I: ESTABLISHMENT AND OPERATION
Section 1 Establishment of Court.
Section 2 Appropriations.
Section 3 Tribal Designation.
CHAPTER II: JURISDICTION
Section 1 Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Tribal Court Jurisdiction.
Section 2 No Acceptance of State Jurisdiction.
Section 3 Court of Appeals.
Section 4 Suits Against the Tribe.
Section 5 Inclusion of Language from other Laws.
Section 6
CHAPTER III: JUDGES
Section 1 Number of Judges.
Section 2 Initial and Succeeding Terms of Office.
Section 3 Election.
Section 4 Qualifications.
Section 5 Salary.
Section 6 Conflicts of Interest.
Section 7 Oath of Office.
Section 8 Removal from Office.
CHAPTER IV: COURT ADMINISTRATOR
Section 1 Salary and Discharge.
Section 2 Duties.
CHAPTER V: COUNSEL
Section 1 Legal Representation.
Section 2 Tribal Licensing of Professional Attorneys.
Section 3 Revocation of Professional Attorney’s Tribal License.
CHAPTER VII: GENERAL COURT PROCEDURES
Section 1 Assignment of Cases to Judges.
Section 2 Court Rules and Procedures.
Section 3 Sessions of Court.
Section 4 Means to Carry Jurisdiction into Effect.
Section 5 BIA Relations with the Court.
Section 6 Law Applicable in Civil Actions.
Recognition and Enforcement of Foreign Judgments Ordinance
CHAPTER I: TITLE
CHAPTER II: RECOGNITION OF FOREIGN JUDGMENTS
CHAPTER III: FEDERAL COURT ACTIONS EXCLUDED
CHAPTER IV: POST-JUDGMENT PROCEEDINGS REGARDING FOREIGN JUDGMENT; NO WAIVER OF IMMUNITY
CHAPTER V: SAVINGS CLAUSE
CHAPTER VI: MISCELLANEOUS
CHAPTER VII: NO WAIVER OF SOVEREIGN IMMUNITY
CHAPTER VIII: EFFECTIVE DATE; AMENDMENTS
Child Protection and General Welfare Ordinance
PURPOSE
AUTHORITY
DEFINITIONS
CHAPTER I CHILDREN-IN-NEED-OF-PROTECTION
Section 1 Jurisdiction of the Gun Lake Tribal Court
Section 2 Officers of the Gun Lake Tribal Court
Section 3 Health and Human Services Department
Section 4 Protective Services
Section 5 Child Welfare Services
Section 6 Reporting and Investigating Child Abuse or Neglect
Section 7 Coordinating Enforcement Team
Section 8 General Provisions Regarding Proceedings Under This Ordinance
Section 9 Service of Summonses, Subpoenas, Notices, and Other Documents
Section 10 Putative Fathers
Section 11 Placement of Children
Section 12 Removal Orders
Section 13 Transfers of Jurisdiction
Section 14 Intervention In and Transfer From State Court
Section 15 Emergency Removal for Protective Custody or Emergency Medical Treatment
Section 16 Child Protection Petitions
Section 17 Preliminary Hearings
Section 18 Adjudication Hearings
Section 21 [sic] Disposition Hearings
Section 20 Disposition Review Hearings
Section 21 Permanency Planning
Section 22 Voluntary Relinquishment of Parental Rights
Section 23 Suspension or Termination of Parental Rights
Section 24 Permanent Ward Review Hearing
Section 25 Full Guardianship for Permanent Wards of the Gun Lake Tribal Court
Section 26 Child Protection Records
Section 27 Motions for Re-Hearings or Reconsideration
Section 28 Appeals
Section 29 Enforcement
CHAPTER II GENERAL CHILD WELFARE
Section 1 Jurisdiction
Section 2 Delegations of Parental Authority
Section 3 Full Guardianship or Conservatorship
Section 4 Authorization for Medical Care
Section 5 Adoption
Section 6 Emancipation of a Minor
Section 7 Savings Clause
Section 8 Miscellaneous
Section 9 No Waiver of Immunity
Section 10 Effective Date; Amendments
Civil Infractions Ordinance
CHAPTER I: GENERAL PROVISIONS
Section 1 Title.
Section 2 Purpose.
Section 3 Severability.
Section 4 Effective Date.
Section 5 Interpretation.
Section 6 Non-Liability.
CHAPTER II: DEFINITIONS
Section 1 Definitions.
CHAPTER III: CONDUCT DEEMED DETRIMENTAL TO PUBLIC HEALTH, SAFETY, AND WELFARE
Section 1 Purchase, Consumption, or Possession of Liquor by Minor.
Section 2 Consumption of Liquor in Public.
Section 3 Public Intoxication.
Section 4 Littering.
Section 5 Spitting.
Section 6 Indecent Exposure.
Section 7 Public Urination or Defecation.
Section 8 Possession of Marijuana.
Section 9 Drug Paraphernalia.
Section 10 Gambling by Minor.
Section 11 Disorderly Person.
Section 12 Defrauding an Innkeeper.
Section 13 Malicious Mischief.
Section 14 Trespass.
Section 15 Hindering or Opposing the Police.
CHAPTER IV: ENFORCEMENT OF CIVIL INFRACTIONS
Section 1 Jurisdiction and Procedure.
Section 2 Enforcement and Penalties
Addendum 1—Schedule of Fines and Costs
Criminal Procedures Ordinance
CHAPTER I: CHARGING DOCUMENTS
Section 1
Section 2 Citations.
Section 3 Complaint.
Section 4 Time Limit for Commencing Criminal Prosecution.
CHAPTER II: ARRESTS
Section 1 Arrests.
Section 2 Arrest Warrants.
Section 3 Notifications at Time of Arrest.
Section 4 Summons in Lieu of An Arrest Warrant.
CHAPTER III: SEARCHES
Section 1 Search Warrant.
Section 2 Execution and Return of Search Warrants.
Section 3 Search Without a Warrant.
Section 4 Disposition of Seized Property.
CHAPTER IV: ARRAIGNMENT AND RELEASE
Section 1 Arraignment.
Section 2 Release Before Final Judgment of Conviction.
Section 3 Withdrawal of Guilty Plea.
CHAPTER V: PRE-TRIAL PROCEEDINGS
Section 1 Mandatory Pre-Trial Conference with Prosecutor.
Section 2
Section 3
Section 4 Deferred Prosecution.
CHAPTER VI: TRIAL PROCEEDINGS
Section 1 Rights of Defendant In Criminal Cases.
Section 2 Duties of Prosecutor.
Section 3 Issuance of Subpoenas.
Section 4 Service of Subpoenas.
Section 5 Failure to Obey Subpoena.
Section 6 Witness Expenses.
Section 7 Trial Proceedings.
Section 8 Jury Trials.
CHAPTER VII: SENTENCING
Section 1 Sentences.
Section 2 Probation.
Section 3 Forfeiture of Weapons.
TRIBAL COURT RULES
Court Rules of Ethics for Tribal Court Personnel
Section 1. Purpose and Definitions
Section 2. Applicability of this Chapter to Court Personnel
Section 3. Integrity and Independence of Court Personnel
Section 4. Impropriety and the Appearance of Impropriety
Section 5. Performance of Duties Impartiality and Diligently
Section 6. Improvement of the Legal System and the Administration of Justice
Section 7. Extra Official Activities
Section 8. Outside Employment
Section 9. Political Activities
Section 10. Continuing Education Activities
Section 11. Enforcement of These Rules
Section 12. Short Title and Citation Format
Court Rules of Judicial Conduct
Preamble
Section 1. Applicability of Rules
Section 2. Canons
Canon 1. A Judge Must Uphold the Integrity and Independence of the Judiciary.
Canon 2. A Judge Must Avoid Impropriety and the Appearance of Impropriety in All Activities.
Canon 3. A Judge Must Perform the Duties of Judicial Office Impartially and Diligently.
Canon 4. A Judge Must Regulate Their Extra-Judicial Activities to Minimize the Risk of Conflict with
Judicial Duties.
Canon 5. A Judge Must Refrain from Inappropriate Political Activity.
Section 3. Discipline and Removal of Judges
Section 4. Short Title and Citation Format
Court Rules of Appellate Procedure
Section 1. Purpose and Definitions
Section 2. Who Has the Right to Appeal
Section 3. Subject of Appeal
Section 4. Scope of Court’s Review
Section 5. Procedure for Appeals
Section 6. Notice of Appeal
Section 7. Appellate Filing Fee
Section 8. Requirements of Filing
Section 9. Requirements of Service
Section 10. Electronic Filing
Section 11. Electronic Service
Section 12. Waiver of Fees
Section 13. Bond
Section 14. Service of Notice of Appeal
Section 15. Record of Appeal
Section 16. Briefing
Section 17. Oral Argument
Section 18. Motions Before the Supreme Court
Section 19. Supreme Court Decisions
Section 20. Remand
Section 21. Court Administration
Section 22. Short Title and Citation Format
Court Rules for the Recognition and Enforcement of Foreign Court Actions, Warrants and Subpoenas
Chapter 1
Section 1: Title
Section 2: Purpose
Section 3: Definitions
Section 4: Recognition of Foreign Court Actions, Subpoenas, and Warrants
Section 5: Procedures for the Recognition of Foreign Court Actions
Section 6: Notice of Registration of Foreign Court Actions
Section 7: Objections to the Filing of a Foreign Action
Section 8: Objection to Filing; Hearing and Entry of Order
Section 9: Enforcement Following Recognition
Section 10: Procedures for the Presentation of Foreign Court Arrest Warrants
Section 11: Procedures for Presentation of Foreign Court Search Warrants
Section 12: Procedures for the Recognition and Enforcement of Foreign Court Subpoenas
Section 13: Appeal to the Court of Appeals
Section 14: Citation Form
Section 15: Short Title and Effective Date
Court Rules of Evidence
Section 1. Purpose
Section 2. Simple By Design
Section 3. Scope
Section 4. Application of Michigan Rules of Evidence
Section 5. General Rules
Section 6. Truthful Testimony
Section 7. Questioning Witnesses
Section 8. Short Title, Citation Format, Certificate of Adoption
[Table of Contents created by NILL in June 2018, based on materials available on tribe's website.]