Resolution No. 2024-26 — Amendments to the Lac Courte Oreilles Tribal Code of Law for the Filing and Status of Foreign Judgments
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, the Tribal Governing Board is empowered to "establish a tribal court for the purpose of enforcing tribal ordinance" pursuant to Article V, Section 1(g); and
WHEREAS, the Tribal Governing Board is empowered to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and provide for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers" pursuant to Article V, Section 1(s); and
WHEREAS, the Tribal Governing Board desires to establish a clear process for outside parties to file a foreign judgment with the Lac Courte Oreilles Tribal Court; and
WHEREAS, the policy below is established to provide direction to the Court and to outside parties.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby adopts the following language in TCT.2.13.020 as follows:
TCT.2.13.020 Filing and Status of Foreign Judgments
(a) A certified copy of any foreign judgment may be filed with the clerk of court. A filing fee for the foreign judgment must be received by the clerk of court for the judgment to take effect.
(b) The clerk of court shall treat the foreign judgment in the same manner as the judgment of the tribal court. A judgment so filed has the same effect and is subject to the same procedures and status as a judgment of tribal court, and may be enforced or satisfied in like manner.
(c) The Tribal Court may, after notice and hearing upon its own motion or motion of a party, have the right to review and modify any foreign order for the enforcement of a judgment, including but not limited to garnishment orders.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 12th day of February, 2024, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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William Trepanier, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board