The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation
Received: 1988
TITLE III - UTE INDIAN EXCLUSION AND REMOVAL CODE
3-1-1. Statement of Legislative Determination and Intent.
The Ute Indian Tribe of the Uintah and Ouray Reservation, by its Business Committee, hereby finds and determines that, pursuant to authority granted in Article VI of the Constitution of said Tribe, if is necessary to provide a means whereby the Tribe can protect itself, its members, and other persons living on the Reservation, from people whose presence on the Reservation is harmful to, or threatens harm to, the peace, health, safety, morals and general welfare of the Reservation. Such action is deemed necessary as a result of the Tribes interest in maintaining the aforementioned threatened interests free from harm, to protect the cultural identity of the Tribe, and to protect those residents of the Reservation who may be imposed upon, harmed or otherwise disadvantaged. The procedures outlined herein are intended to provide procedural fairness to person affected by these provisions while at the same time recognizing the need, in appropriate situations, to act immediately to remedy actual or threatened harms.
3-1-2. Persons Subject to Exclusion and Removal.
All persons who are not owners of land located within the exterior boundaries of the Reservation or who are not legally entitled to reside on said Reservation as a result of their having established a permanent domicile or permanent employment on said Reservation, may be excluded or removed from all or any portion of the Reservation as provided herein.
3-1-3. Grounds for Exclusion and Removal.
A person subject to exclusion and removal as provided herein may be excluded or removed from the territory of the jurisdiction of the Ute Indian Tribe as defined in Article I of the Constitution of said Tribe upon any one or more of the following grounds:
(1) Hunting, fishing or trapping on the Reservation without authority from the Tribe or contrary to the rules and regulation of the Tribe governing such activities.
(2) Trading or conducting business upon the Reservation in violation of Tribal regulations or regulations of the Secretary of the Interior.
(3) Prospecting upon the Reservation without authority from the Tribe or the Secretary of the Interior.
(4) Mining, cutting timber, grazing or other use, abuse or damage to Tribal property without authority from the Tribe or the Secretary of the Interior.
(5) Exploring for or excavating upon items, sites or locations of historic, religious or scientific significance without authority from the Tribe or in violation of federal laws or regulations.
(6) Being or traveling upon the Reservation while afflicted by a communicable or contagious disease.
(7) Committing frauds, confidence games, or usury against Indian people residing on the Reservation, or inducing them to enter into grossly unfavorable contracts of any kind.
(8) Doing or threatening to do any act upon the Reservation which seriously threatens the peace, health, safety, morals and general welfare of the tribe, its members, or other persons living on the Reservation.
3-1-4. Proceedings for Exclusion and Removal.
Upon complaint of any member of the Tribe, the Tribal Court may determine whether a person has committed any of the aforementioned acts constituting grounds for exclusion and removal and whether or not the removal and/or exclusion of such person is to be ordered. Such proceedings shall be conducted as provided herein below. An order of exclusion and/or removal may be entered by the Tribal Court.
3-1-5. Emergency Exclusion and Removal Without Prior Hearing.
(1) Whenever the Tribal Court finds that there is an immediate
need to order the exclusion and/or removal of a person from the Reservation
and that the granting of notice and opportunity to be heard to such
persons prior to making such order would cause a delay seriously detrimental
to the interests of the Tribe, its members, or the other residents of
the Reservation, the Tribal Court shall immediately order such exclusion
and/or removal and provide the notice and opportunity for review of
such decision outlined below.
(2) Whenever the exclusion and/or removal of a person is ordered without
a prior hearing as provided herein, the person shall be served with
a notice of such action. Such notice shall state the nature and extent
of the exclusion and/or removal so ordered, shall state the reasons
why no prior hearing was held, shall inform the person that once he
has complied with the order, he may immediately petition the Tribal
Court for a hearing to reconsider the order, that he may be represented
by counsel at such hearing and present evidence in his own defense,
and shall inform him that his compliance with such order may be enforced
by Tribal or government police offices. A copy of the order shall be
served with the notice and such service may be accomplished by personal
service or, if personal service is not reasonably possible, by mailing
to the person by United State registered mail, return receipt requested,
at his last know address.
(3) Upon
receipt of a petition for a hearing as provided next above, the Tribal
Court shall schedule a hearing to allow the person to present evidence.
Such hearing shall be held within two weeks of the receipt of the petition,
provided, however, that the order of exclusion and/or removal shall
remain in force pending hearing and a decision thereon, except for purposes
of attending a hearing.
(4) The Tribal Court shall, as a result of such hearing, either affirm,
modify or rescind its previous order, and shall give the person notice
in the same manner as provided for service of the notice above.
3-1-6. Hearing
on Exclusion and Removal in Non-Emergency Situations.
(1) In
all other cases of exclusion and/or removal, the Tribal prosecutor shall
cause to be served a copy of the petition and a notice of hearing upon
the person involved either by personal service, or if such service is
not reasonably possible, by Registered mail return receipt requested
to the last known address of such person. Such notice shall contain
the date and time of the hearing, which shall be not less than three
days from the date of service, and shall further inform him that he
may appear, with counsel if he desires, and present evidence in his
own behalf.
(2) The hearing on a proposed exclusion and/or removal may be held at
a regular session of the Tribal Court.
(3) The
Tribal Court shall hear the evidence presented and shall, if appropriate,
order the exclusion and/or removal of the person. If the person is not
present at such hearing, or if a decision thereon is not rendered until
after the hearing, appropriate notice shall be served on the person
in the manner provided above, informing him of the action of the Tribal
Court and such notice shall include a copy of any order of exclusion
and/or removal which affects such person.
3-1-7. Review of Orders of Exclusion and Removal.
(1) The Appellate Court shall have exclusive authority to hear appeals
from orders of exclusion and/or removal after a hearing has been held
thereon before the Tribal Court.
(2) The Tribal Appellate Court shall have authority to stay an order
of exclusion and removal upon such conditions of security as it deems
just only if all prior hearing remedies have been exhausted, and only
if no substantial interest of the Tribe, its members, of other residents
of the Reservation will be harmed thereby.
(3) All orders of exclusion and removal shall remain in full force and
effect during periods of hearing or review unless stayed as provided
herein.
3-1-8. Enforcement of Orders of Exclusion and Removal.
All law enforcement officers of the Ute Indian Tribe and the U.S. Government
are hereby empowered to carry into effect any exclusion and/or removal
order of the Tribal Court according to the terms of such order.
The
Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray ReservationReceived:
1988