Comprehensive Code of Justice

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Fort Peck Tribes

Comprehensive Code of Justice

Updated 2/7/25

Fort Peck Tribes Comprehensive Code of Justice

Table of Contents

Title 1. - General Provisions.................................................................................................3

Title 2. - Courts.....................................................................................................................4

Title 3. - Government Organization....................................................................................20

Title 4. - Enrollment...........................................................................................................30

Title 5. - Elections..............................................................................................................39

Title 6. - Criminal Procedures..............................................................................................57

Title 7. - Criminal Offenses.............................................................................................100

Title 8. - Civil Procedures................................................................................................155

Title 9. - Youth Code.......................................................................................................166

Title 10. - Family Code.......................................................................................................194

Title 11. - Involuntary Commitment.................................................................................211

Title 12. - Probate & Guardianship....................................................................................218

Title 13. - Employment Rights..........................................................................................225

Title 14. - Health & Sanitation..........................................................................................242

Title 15. - Landlord and Tenant.........................................................................................261

Title 16. - Tribal Education Code......................................................................................266

Title 17. - Highways ...................................................................................................................286

Title 18. - Livestock.............................................................................................................306

Title 19. - Game and Fish Management..............................................................................312

Title 20. - Water Resource Use and Administration..........................................................321

Title 21. - Flood Plain and Flood Way Management Ordinance.......................................341

Title 22. - Protection of the Environment..........................................................................358

Title 23. - Taxation..............................................................................................................500

Title 24. - Commercial Law................................................................................................518

Title 25. - Foreclosure of Real Estate..................................................................................642

Title 26. - Tribal State Agreement, Oversight Commission.............................................647

Title 27. - Licensing and Regulation of Bingo & Games of Chance.................................649

Title 28. - Cigarette and Retailer Licensing........................................................................666

Title 29. - Adult Protection................................................................................................670

Title 32. - Fort Peck Assiniboine and Sioux Tribes Cultural Resource Protection

Ordinance..........................................................................................................................675

Title 33. - Fort Peck Tribal Executive Board Code of Ethics...........................................689

Appendix 1. - Constitution & Bylaws of the Assiniboine & Sioux Tribes of the Fort Peck

Indian Reservation...............................................................................................................692

Appendix 2. - Rules of Civil Procedure...........................................................................704

Appendix 3. - Rules of Appellate Procedure.....................................................................717

Appendix 4. - Code of Ethics for Court Clerks................................................................720

Appendix 5. - Code of Ethics for Attorneys & Lay Counselors.......................................723

Appendix 6. - Code of Judicial Conduct..........................................................................728

Appendix 7 - Rules of Procedure for the Judicial Conduct Commission...........................732

Fort Peck Tribal Court

807 Court Avenue - P.O. Box 1027

Poplar, MT 59255

Title 1 - General Provisions

Table of Contents

Chapter 1. Definitions ................................................................................................................................... 1

Chapter 1. Definitions

Sec. 101. Definitions.

For the purposes of all Titles of this Code, unless the context clearly requires otherwise, the

following definitions shall apply:

(a) “Reservation”, “Fort Peck Reservation”,

“Fort Peck Indian Reservation”, shall mean the

Fort Peck Indian Reservation, Montana, as defined in the agreement of December 28 and December

31, 1885, confined by the Act of May 1, 1888, 25

Stat. 113, Chap. 212.

(b) “Tribes”, “Fort Peck Tribes”, and “Assiniboine and Sioux Tribes”, shall mean the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation.

Board” shall mean the Fort Peck Tribal Executive

Board, the governing body of the Tribes.

(d) “Chairman” and “Tribal Chairman” shall

mean the Chairman of the Executive Board.

(e) “Tribal Court” shall mean the Fort Peck

Tribal Court, created by Title 2 of this Code.

(f) “Court of Appeals” shall mean the Fort

Peck Court of Appeals, created by Title 2 of this

Code.

(g) “Superintendent” shall mean the Superintendent of the Fort Peck Indian Agency.

Title 1

(h) “Code” and “Comprehensive Code” shall

refer to this Code, the Comprehensive Code of

Justice of the Assiniboine and Sioux Tribes of the

Fort Peck Indian Reservation.

(i) “Title”, “Chapter” or “Section” shall refer

to Titles, Chapters, or Sections of this Code. Titles, Chapters or Sections may be referred to by

name and number.

Fort Peck Tribal Court

807 Court Avenue - P.O. Box 1027

Poplar, MT 59255

Title 2 - Courts

Table of Contents

Chapter 1. The Fort Peck Tribal Court ......................................................................................................... 1

Chapter 2. Fort Peck Court of Appeals ......................................................................................................... 3

Chapter 3. Justices and Judges ...................................................................................................................... 6

Chapter 4. Court Administration................................................................................................................... 9

Chapter 5. Attorneys and Lay Counselors .................................................................................................. 11

Chapter 6. Tribal Court Prosecutor and Public Defender ........................................................................... 12

Chapter 1. The Fort Peck Tribal Court

Sections:

Sec. 101. Creation of the Court. ..................... 1

Sec. 102. Composition of the Court. .............. 1

Sec. 102.1. Exercise of civil and criminal

jurisdiction. .................................................... 1

Sec. 103. Records of the Court. ..................... 1

Sec. 104. Rules of Court. ............................... 1

Sec. 105. Services to Court by Tribal or

Federal employees.......................................... 1

Sec. 106. Criminal Jurisdiction of the Court. . 1

Sec. 107. Civil jurisdiction of the Court. ....... 2

Sec. 108. Jurisdiction over persons outside

Reservation. ................................................... 2

Sec. 109. Jurisdiction over suits commenced

by Tribes. ....................................................... 2

Sec. 110. Tribes immune from suit. ............... 2

Sec. 111. Suits against Tribal officials. .......... 2

Sec. 112. Jurisdiction over suits concerning

ownership of trespassing livestock................. 3

Sec. 113. Review of administrative decisions.

........................................................................ 3

Sec. 101. Creation of the Court.

There is hereby established the Fort Peck Tribal

Court as a court of record.

Sec. 102. Composition of the Court.

The Court shall consist of one chief judge,

three associate judges and one lawyer judge

whose duties shall be regular and permanent.

The judges shall be elected for a term of four

years. The Tribal Executive Board shall appoint

special judges as needed.

(AMENDED AS PER RESOLUTION NOS.

2417-85-4, DATED 4/29/1985;

27-2002-2015-07, DATED 7/13/2015.)

names and addresses of the parties, attorneys and

witnesses; the substance of the complaint; the

dates of all hearings or trials; the name of the

judge; the findings of the Court or verdict of the

jury and judgment; the preservation of testimony

for perpetual memory by electronic recording, or

otherwise; together with any other facts or circumstances deemed of importance to the case. A

record of all proceedings leading to incarceration

shall be submitted to the Superintendent, Fort

Peck Agency, to be made a part of the records of

the Agency Office as required by 25 U.S.C. 200.

Unless specifically excepted by this Code, the

records of the Courts shall be public. In criminal

cases, upon inquiry by members of the public, the

Court shall furnish the name of the offender, the

offense, and the sentence imposed.

(AMENDED AS PER RESOLUTION NO.

1287-86-7, DATED 07/28/86.)

Sec. 104. Rules of Court.

The Chief Judge may prescribe

written rules of court, consistent

with the provisions of this Code,

including rules establishing the

time and place of court sessions.

(AMENDED

PER

RESOLUTION #28-0158-2015-12;

DATED

12/15/2015)

Sec. 105. Services to Court by Tribal

or Fed-eral employees.

The Court may request and utilize social service, health, education or other professional services of tribal employees as requested, and of federal employees as authorized by the Secretary of

the Interior or his/her authorized representative.

Sec. 106. Criminal Jurisdiction of the Court.

Sec. 102.1. Exercise of civil and criminal jurisdiction.

(THIS SECTION HAS BEEN REPEALED

AS PER RESOLUTION NO. 1617-86-10,

DATED 10/13/86.)

Sec. 103. Records of the Court.

The Court shall keep a record of all proceedings

of the Court, showing the title of the case, the

Title 2

(a) Generally. The Fort Peck Tribal Court is

vested with jurisdiction to enforce all provisions

of this Code, as amended from time to time,

against any person violating the Code within the

boundaries of the Indian Country of the Fort

Peck Tribes’.

The Court is also vested with the power to

impose protection orders against non-Indians in

accordance with the provisions of this Code.

(b) Criminal jurisdiction over non-Indian

covered crimes of violence pursuant the

Violence Against Women Reauthorization Act

of 2022. The Fort Peck Tribal Court is vested

with jurisdiction to enforce all provisions of this

Code against a non-Indian who has committed

any authorized covered crimes by federal law

against an Indian or covered non-Indian victim

within the Fort Peck Tribes’ Indian Country, as

further provided in Section 249.

protection order violations. The Fort Peck Tribal

Court is vested with criminal jurisdiction to

enforce all provisions of this Code related to

violations of protection orders against a nonIndian as identified in Section 106(b)(1) and who

has violated a protection order within the Fort

Peck Tribes’ Indian country provided the

protected person is an Indian, and the following

conditions are met:

(1)The protection order was issued against

the non-Indian;,

(2) The protection order is consistent with 18

U.S.C. 2265(b);, and

(3) The violation relates to that portion of the

protection order that provides protection against

violent or threatening acts or harassment against,

sexual violence against, contact or

communication with, or physical proximity to,

the protected person.

(d) In this section:

(1) Crime of Violence- The term

“crime of violence” means—

(i) an offense that has as an element the use,

attempted use, or threatened use of physical

force against the person or property of another,

(ii) any other offense that is a felony and that, by

its nature, involves a substantial risk that

physical force against the person or property of

another may be used in the course of committing

the offense.

(2) Indian Country- The term “Indian

Country” means “all land within the limits or

under the authority of the Fort Peck Indian

Reservation, including land located within the

exterior boundaries of the Fort Peck Indian

Reservation.” (AS PER RESOLUTIONS NOS.

27-201-2013-12, DATED 12/23/2013;

27-788-2014-06, DATED 6/09/2014;

AMENDED PER RESOLUTION NO.

31-2228-2023-08, DATED 8/17/2023.)

Sec. 107. Civil jurisdiction of the Court.

The Court shall have jurisdiction over any action where one party to the action shall be an Indian,

Title 2

or a corporation or entity owned in whole or in

substantial part by an Indian or the Tribes or a

corporation or entity chartered by the Tribes; and

(a) The cause of action arises under the Constitution or laws of the Tribes; or

(b) An Indian party to the action resides on

the Fort Peck Reservation.

Sec. 108. Jurisdiction over persons outside

Reservation.

In a case where it otherwise has jurisdiction,

the Court may exercise personal jurisdiction over

any person who does not reside on the Fort Peck

In-dian Reservation if such person, personally

or through an agent:

(a) Transacts any business on the Reservation, or contracts or agrees anywhere to supply

goods or services to persons or corporations on

the Reservation; or

(b) Commits an act on the Reservation that

causes injury.

Sec. 109. Jurisdiction over suits commenced

by Tribes.

Notwithstanding any other provision of this

Code, the Tribal Court shall have jurisdiction of

all civil actions commenced by the Assiniboine

and Sioux Tribes of the Fort Peck Reservation,

or by any agency or officer thereof expressly

author-ized to file suit by the Fort Peck Tribal

Executive Board.

Sec. 110. Tribes immune from suit.

The Tribes shall be immune from suit. Nothing

in the Code shall be construed as consent of the

Tribes to be sued.

Sec. 111. Suits against Tribal officials.

The Court shall have jurisdiction over all suits

in which Tribal officials or employees are defendants, except habeas corpus proceedings authorized by 25 U.S.C. 1303.

(a) Suits for money damages. No elected official or judge of the Tribes shall be subject to

suit for any action taken in the course of his/her

offi-cial duties, or in the reasonable belief that

such action was within the scope of his/her

official du-ties.

(b) No employee of the Tribes shall be subject to suit for money damages for any action

taken in the course of his/her official duties, or in

the reasonable belief that such action was within

the scope of his/her official duties, unless it is

clearly established that such action was taken

with malicious intent and in bad faith. The Court

shall have jurisdiction over actions seeking declaratory and equitable relief against tribal employees, but the Court shall not grant any relief

against tribal employees except after service of

process has been made as prescribed in this Code

and proof of service has been received by the

Court.

Sec. 112. Jurisdiction over suits concerning

ownership of trespassing livestock.

The Court shall have jurisdiction over any action under Chapter 1 or Chapter 2 of Title 18,

(Livestock), to resolve ownership of trespassing

livestock.

Sec. 113. Review of administrative decisions.

(a) The Court shall have exclusive jurisdiction

over all appeals from actions by agencies or offices of the Tribes, where such appeals are authorized by this Code, except where a provision of the

Code vests such jurisdiction in the Court of Appeals.

(AMENDED AS PER RESOLUTION NO.

2644-95-2, DATED 02/13/95.)

(b) Notwithstanding Section 110 of this Title,

the Tribes hereby waive their immunity from suit

in Tribal Court for appeals under subsection (a).

Relief against the Tribes shall be limited to that

specified in the provisions of the Code authorizing the appeal. In no event shall the Tribes be liable for money damages, except that the Tribal

Court may order refunds of taxes or fees erroneously collected where such relief is specifically

authorized by the provision of the Code under

which the appeal is taken.

(AMENDED AS PER RESOLUTION NO.

1903-84- 12, DATED 12/11/84.)

Title 2

Chapter 2. Fort Peck Court of Appeals

Sections:

Sec. 201. Creation of Court of Appeals. ........ 3

Sec. 202. Jurisdiction of Court of Appeals. ... 3

Sec. 203. Composition of Court of Appeals. . 4

Sec. 204. Records of Court of Appeals.......... 4

Sec. 205. Right of Appeal. ............................. 4

Sec. 206. Procedure on appeal of criminal

cases. .............................................................. 4

Sec. 207. Procedure on decision for review in

civil cases. ...................................................... 4

Sec. 208. Judgment against surety. ................ 5

Sec. 209. Record on appeal............................ 5

Sec. 210. Briefs and memoranda. .................. 5

Sec. 211. Oral argument. ............................... 6

Sec. 212. Separate docket for Court of

Appeals. ......................................................... 6

Sec. 201. Creation of Court of Appeals.

There is hereby created a Fort Peck Court of

Appeals.

Sec. 202. Jurisdiction of Court of Appeals.

The jurisdiction of the Court of Appeals shall

extend to all appeals from final orders and judgments of the Tribal Court, appeals of administrative decision where a provision of this Code expressly vests such jurisdiction in the Court of Appeals, and from final decisions of the Tribal Alcohol Licensing and Regulation Commission

(Commission). The Court of Appeals shall review de novo all determinations of the Tribal

Court on matters of law, but shall not set aside

any factual determinations of the Tribal Court if

such determinations are supported by substantial

evidence. The Court of Appeals, or the Chief Justice alone, shall have jurisdiction:

(a) To take all necessary steps to preserve and

protect the jurisdiction of the Court;

(b) During the pendency of any criminal appeal, to release the appellant on his/her own recognizance or on bail pursuant to Section 206(e)

of this Code; and

judgment of the Court of Appeals.

(AMENDED AS PER RESOLUTION NO.

2644-95-2, DATED 02/13/95, and RESOLUTION NO. 2646-97-4, DATED 04/25/97.)

Sec. 203. Composition of Court of Appeals.

The Tribal Executive Board shall appoint a

Chief Justice and two (2) associate justices, none

of whom shall be judges of the Tribal Court.

Sec. 204. Records of Court of Appeals.

The Court of Appeals shall keep a record of all

proceedings of the Court, showing the title of the

case, the name and addresses of all parties and attorneys, the briefs, the date of any oral argument,

the names of the justices who heard and decided

the case, and the judgment, together with any

other facts and circumstances deemed of importance to the case. A record of all proceedings

leading to incarceration shall be submitted to the

Superintendent, Fort Peck Agency, to be made a

part of the records of the Agency Office as required by 25 U.S.C. 200. Unless specifically excepted by this Code or rule of court, all decisions

and opinions of the Court shall be published in a

format that shall be available to the public at the

Tribal Office.

Sec. 205. Right of Appeal.

(a) Criminal cases. The defendant in a criminal

case shall have an appeal as of right from a judgment of conviction. The Tribe shall have no right

of appeal from a jury verdict of "not guilty" in

criminal cases, but shall have a right of appeal

from a judgment of "not guilty" rendered by the

Tribal Court without a jury. Appeals in criminal

cases shall be taken as provided in Section 206.

(b) Civil cases. Any party who is aggrieved by

a final order or judgment of the Tribal Court may

file a petition requesting the Court of Appeals to

review that order or judgment as provided in Section 207.

Section 206(e) or Section 207(e) of this Title, all

final orders of the Court shall be carried out while

appeals are pending.

(AMENDED AS PER RESOLUTION NO.

1287-86-7, DATED 07/28/86; AMENDED AS

Title 2

PER RESOLUTION 26-736-2012-05, DATED

05/15/2012.)

Sec. 206. Procedure on appeal of criminal

cases.

(a) Time to appeal and how to appeal. An appeal must be taken within fifteen (15) days from

the judgment appealed from by filing a written

notice of appeal with the clerk of the Fort Peck

Tribal Court. No extension of the fifteen (15) day

period shall be granted. Upon request, the clerk

of the Tribal Court shall prepare the notice of appeal.

(b) Bond. The Court shall set the amount of a

bond to be filed with the notice of appeal. The

maximum amount of the bond is fifty dollars

($50.00). The Court may reduce or waive the

bond if it finds the appellant is indigent.

specify the party or parties taking the appeal, shall

designate the judgment, or part thereof appealed

from, and shall contain a short statement of reasons for the appeal. The clerk shall mail a copy of

the notice of appeal to all parties other than parties taking the appeal.

(d) Designation of parties. The party taking the

appeal is an appellant. All other parties are appellees.

(e) Release on bond pending appeal. In criminal

cases the defendant may be continued on release

or be released on bail, as provided by Title 6,

Chapter 4, Section 402(c) of this Code, by the

Tribal Court. The appellant may petition the

Court of Appeals, or Chief Justice thereof, to review any decision of the Tribal Court taken under

this Section.

Sec. 207. Procedure on decision for review in

civil cases.

(a) Time to petition and how to petition. A party

to a civil case may petition for review. Upon appellant's request, the Tribal Public Defender shall

prepare the petition for review. The petition for

review must be taken within fifteen (15) days

from the date of entry of the final order or judgment appealed from by filing such petition with

the clerk of the Tribal Court together with the

docket fee and any bond required pursuant to this

Section. No extensions of the fifteen (15) day period shall be granted.

(b) Contents of petition for review. The petition

for review shall specify the parties taking the appeal, shall designate the final order or judgment,

or part appealed from, and shall contain a short

statement why the petition should be granted. The

clerk shall mail a copy of the petition for review

to all parties other than the petitioner. Other parties shall have fifteen (15) days to respond to the

petition for review, after which time the Court of

Appeals or the Chief Justice thereof shall grant

the petition and allow the appeal to be heard or

shall deny the petition.

appeal is the appellant. All other parties are appellees.

(d) Docket fee and bond. The petition for review shall be accompanied by a docket fee of fifty

dollars ($50.00) and a bond to be set by the Court.

The maximum amount of the bond is fifty dollars

($50.00). The Court may waive or reduce the

bond and the docket fee if it finds that the appellant is indigent.

(e) Stay on appeal. In civil cases the petitioner

may request the Trial Court to stay the judgment

pending action on the petition and on the appeal

if the petition is granted, and either party may request the Tribal Court to grant or stay an injunction pending appeal. The Court may condition a

stay or injunction pending appeal on the depositing of cash or bond satisfactory to the Tribal

Court. The appellant's bond shall be sufficient to

cover the damages awarded by the Tribal Court

together with interest. The cash or bond may be

deposited at or after the time petition is filed. The

stay shall be effective when the deposit of cash or

bond is approved by the Tribal Court. The appellant may petition the Court of Appeals, or the

Chief Justice thereof, to review any decision of

the Tribal Court under this Section.

Sec. 208. Judgment against surety.

Any surety to a bond thereby submits himself/herself to the jurisdiction of the Tribal Court,

and irrevocably appoints the clerk of the Court as

Title 2

his/her agent upon whom any papers affecting

his/her liability on the bond may be served. The

liability of a surety may be enforced on motion

without the necessity of an independent action.

The motion and such notice of motion as the

Court prescribes may be served on the clerk of

Court who shall forthwith mail copies to the

surety at his/her last known address.

Sec. 209. Record on appeal.

(a) Within 5 days after a notice of appeal is filed

in a criminal case or a petition for review is filed

in a civil case, the clerk of the Tribal Court shall

certify and file with the Court of Appeals all papers comprising the record of the case.

(b) The transcript of the criminal or civil case

will be produced in written or electronic format

and available to the parties at a cost to be determined by the Tribal Court Administrator.

(AMENDED AS PER RESOLUTION NO. 26737E-2012-5; DATED 05/15/2012.)

Sec. 210. Briefs and memoranda.

Within thirty (30) days after the notice of appeal is filed, or a petition for review is granted, or

within such other time as the Court allows, the

appellant may file a written brief, memorandum

or statement in support of his/her appeal. An original and one (1) copy for each appellee shall be

filed with the clerk who shall mail one (1) copy,

registered or certified mail, return receipt requested, to each appellee. The return receipt shall

then be filed with the clerk. The appellee shall

have fifteen (15) days after receipt of the appellant's brief, memorandum or statement, or such

other time as the Court of Appeals allows, within

which to file an answer brief, memorandum or

statement if he/she desires. An original and one

(1) copy for each appellant shall be filed with the

clerk who shall mail one (1) copy, registered or

certified mail, return receipt requested, to each

appellant. The return receipt shall be filed with

the clerk. No further briefs, memoranda or statements shall be allowed without leave of Court.

Sec. 211. Oral argument.

The Court of Appeals shall assign all criminal

cases for oral argument. The Court may in its discretion assign civil cases for oral argument or

may dispose of civil cases on the briefs without

argument.

Sec. 212. Separate docket for Court of Appeals.

The judges of the Court of Appeals, or the

Chief Justice thereof, shall prescribe all necessary

rules concerning:

(a) The operation of the Court of Appeals.

(b) The time and place of meeting of the Court

of Appeals.

The rules shall be approved by the Fort Peck

Tribal Executive Board prior to becoming effective and shall be consistent with the provisions of

this Code.

Chapter 3. Justices and Judges

in the opinion of the Fort Peck Tribal

Executive Board be of sound judgment and

good character and possess a reputation for

honesty, fairness and impartiality.

To be eligible to hold the position of Chief

Justice, a person must also have a degree in

law from an accredited law school and be a

member in good standing of the bar of any

state or federal court. Between equally

qualified candidates for a position as judge or

justice, preference shall be given to an Indian

candidate.

Any person otherwise qualified may be

appointed as a justice on a probationary basis

prior to taking the judges qualifying

examination. Any such person shall take and

pass the judges qualifying examination during

his/her probationary period.

(AMENDED AS PER RESOLUTIONS NOS.

2417-85-4, DATED 04/29/85; 17-85-11,

DATED 11/12/85; 292-85-12, DATED

12/23/85; 1617-86-10, DATED 10/13/86;

2582-91-9, DATED 9/9/1991; 2157-2001-9,

DATED9/10/2001;736-2004-6, DATED

6/2/2004; 28-0761-2016-06, DATED

6/13/2016.)

Sections:

Sec. 301. Qualifications. ................................ 6

Sec. 302. Terms, appointment and election. . 6

Sec. 302-A. Special Appointments. ............... 7

Sec. 303. Appointment of judge following

removal, death or resignation. ........................ 7

Sec. 304. Compensation and bond. ................ 7

Sec. 305. Oath of office. ................................ 8

Sec. 306. Judicial Conduct Commission.......... 8

Sec. 307. Disqualification. ............................. 8

Sec. 308. Duties. ............................................ 8

(a) Judges shall be elected for a term of 4

years unless removed for cause.

Sec. 301. Qualifications.

To be eligible to hold the office of justice or

judge, a person must have an Associate of Arts

degree or Bachelor of Arts or Science degree

from an accredited college in law and criminal

justice or similar field of study, or 4 years

judicial experience; be at least 25 years of age;

not have been convicted of a felony; not have

been dishonorably discharged from the Armed

Forces; be physically capable of carrying out the

duties of the office; have successfully completed

a judge’s qualifying examination administered

as prescribed by the Tribal Executive Board; and

(b) Justices shall be appointed for a term of 4

years commencing with a date fixed by the

Tribal Executive Board unless removed for

cause.

of the Court of Appeals, prescribed by Chapter 2

of this Title, and the Lawyer Judge of the Tribal

Court, prescribed by Chapter 3 of this Title,

shall be appointed by a two-thirds vote, taken by

secret ballot, of those members present at a

meeting of the Fort Peck Tribal Executive Board

at which a quorum is present. Any vacancy

under this

Title 2

Sec. 302. Terms, appointment and election.

subsection shall be filled by a two-thirds vote,

taken by secret ballot, of those members present

at a meeting of the Fort Peck Tribal Executive

Board at which a quorum is present.

(d) Following the effective date of this section,

and any unexpired appointment made by the

Tribal Executive Board prior to the adoption of

this section, the Chief Judge and associate

judges of the Tribal Court, prescribed by Section

102 of this Title, shall be elected from a list of

qualified candidates by a majority of the eligible

voters voting at the general election. Any judge

so elected shall serve a term of four years,

unless such judge is removed or leaves office.

Thereafter, judges shall be elected at the general

elections held on odd-numbered years.

A qualified candidate for judge under this

subsection is a person who has been certified by

the Election Commission prescribed by Title 5

to be an adult member of the Tribes and eligible

voter of the Tribes and meets the qualifications

set forth in Title 5, Section 201 of this Code, and

who meets the qualifications of Title 2, Section

301 as determined by the Tribal Executive

Board. Qualified candidates shall be certified by

the Election Commission and the Tribal

Executive Board on or before the close of

candidate registration for the general election.

The Tribal Executive Board shall prescribe a

process for the submission and screening of an

applicant for a judicial position.

Any vacancy under this subsection shall be

filled by a two-thirds vote, taken by secret

ballot, of those members present at a meeting of

the Fort Peck Tribal Executive Board at which a

quorum is present. Each judge appointed to fill a

vacancy by the Tribal Executive Board shall

serve the balance of the unexpired term.

(AS PER RESOLUTION NOS.

27-2002-2015-07, DATED 7/13/2015;

29-868-2018-08, DATED 8/27/2018)

Sec. 302-A. Special Appointments.

In such cases where justices or judges have

been disqualified or where the needs of the Fort

Peck Tribal Court or the Fort Peck Court of Ap-

Title 2

peals require, the Tribal Executive Board may appoint a person otherwise qualified to sit as a special judge or justice. Such special appointment

shall not exceed 90 days.

Special appointments shall be by majority vote

of those members of the Tribal Executive Board

at which a quorum is present. Upon determination

of the Tribal Executive Board, the judge’s qualifying examination may or may not be waived.

(AMENDED AS PER RESOLUTION NOS.

3257-95-5, DATED 5/16/1995; 26-1445-201209, DATED 9/24/2012; 27-325-2014-02,

DATED 2/10/2014.)

Sec. 303. Appointment of judge following

removal, death or resignation.

In such case where a judge or chief judge has

resigned from office, died in office or been removed from office, a judge shall be appointed by

two-thirds vote, taken by secret ballot, of those

members present at a meeting of the Fort Peck

Tribal Executive Board at which a quorum is present to complete the term of the judge who resigned from office, died in office or has been removed from office.

A judge appointed in this manner, shall meet

the eligibility requirements for the office of judge

or chief judge.

(RESOLUTION

NO.

27-2002-2015-07;

DATED 7/13/2015)

Sec. 304. Compensation and bond.

Compensation of all justices and judges shall

be fixed by the Tribal Council or the United

States depending on which pays the compensation. The rates of compensation may not be decreased during their term of office. The Chief Justice and Chief Judge shall be bonded by a surety

bond satisfactory to the Tribal Executive Board

or the United States depending on which pays the

compensation. Judges and justices shall receive

compensation only for the days they sit as members of the Court of Appeals or Tribal Court or

otherwise perform the duties of their office.

Sec. 305. Oath of office.

Before entering upon the duties of office, each

judge shall take the following oath or affirmation:

"I, …., do solemnly swear (or affirm) that I

will administer justice and do equal right without

respect to persons and will truly, faithfully, and

impartially discharge and perform all duties incumbent upon me as (Justice)(Judge) according

to the best of my abilities and understanding. So

help me God."

Sec. 306. Judicial Conduct Commission.

There is created a Judicial Conduct Commission

to protect the public from improper conduct or

behavior of judges; preserve the integrity of the

judicial process; maintain confidence in the

judiciary; create a greater awareness of proper

judicial conduct on the part of the judiciary and

public; and provide for expeditious and fair

disposition of complaints of judicial misconduct.

The Judicial Conduct Commission shall consist

of the three members of the Fort Peck Court of

Appeals.

The Commission shall make rules for the

conduct of its affairs and the enforcement of

confidentiality. (Appendix 7, CCOJ)

(AMENDED AS PER RESOLUTION NO.

28-0393-2016-02; DATED 2/22/2016)

Sec. 307. Disqualification.

A justice or judge shall be disqualified

in any proceeding in which his/her impartiality

might reasonably be questioned, in which he/

she has any personal bias or prejudice

concerning any party, in which he/she or a

member of his/her im-mediate family might be

a witness, has any inter-est, or has any personal

knowledge of any dis-puted evidentiary facts

concerning the proceed-ing, or has acted or is

acting as a lawyer or lay counselor in the

proceeding, or in which he/she might otherwise

appear to be biased or preju-diced. The Lawyer

Judge must determine all dis-qualifications in

the Tribal Court.

Title 2

In cases where the Lawyer Judge disqualifies

himself/herself, the case shall be assigned, by

the Chief Judge, to a judge other than the

Lawyer Judge. As used in this Section,

immediate family shall include spouses,

grandparents, parents, children, grand-children,

brothers, sisters and in- laws.

(AMENDED AS PER RESOLUTION NO.

1616-86-TED 10/13/86.)

Sec. 308. Duties.

(a) The Lawyer Judge, in his/her duties as a

judge, shall supervise the other judges of the

Court. He/she shall, as needed, advise the other

judges of the Court on the law. Except as

provided in Section 307 (Disqualification), he/

she shall also be responsible for assignment of

all civil and criminal cases to the judges of the

Court. When the position of Lawyer Judge is

vacant or when the Lawyer Judge is absent from

duty for a prolonged period, the Chief Judge

shall be responsible for assignment of civil and

criminal cases to the judges of the Court. The

Chief Judge is hereby authorized to delegate

supervisor authority to other judges of the Tribal

Court, and/or the Court Administrator, as

necessary.

(b) If a judge does not have a Juris

Doctorate, they must complete 40 hours of

training annually, with a minimum of 5 of those

hours in research and writing.

judge has a performance evaluation annually

and that a probationary judge has a performance

evaluation every quarter.

(d) In responding to a judicial complaint, the

Lawyer Judge or Chief Judge shall follow the

procedures of the Judicial Conduct Commission

set out in Appendix 7 of the Comprehensive

Code of Justice.

(1) The Lawyer Judge or Chief Judge may

suspend a judge for 10 days without pay for

insubordination.

(AMENDED AS PER RESOLUTION NOS.

2417-85-5, DATED 04/29/1985; 1616-86-10,

DATED10/13/1986; 2280-89-4, DATED

04/24/1989; 2156-2001-9, DATED 09/10/2001;

26-1253-2012-08, DATED 08/13/2012;

27-446-2014-03; DATED 03/10/2014;

28-0394-2016-02; DATED 2/22/2016)

Chapter 4. Court Administration

Sections:

Sec. 401. Office of Clerk. .............................. 9

Sec. 402. Qualifications. ................................ 9

Sec. 403. Duties. ............................................ 9

Sec. 404. Tribal Court Administrator. .......... 10

Sec. 405. Qualifications. .............................. 10

Sec. 406. Compensation and bond. .............. 10

Sec. 407. Oath of office. .............................. 10

Sec. 408. Duties. .......................................... 10

Sec. 409. Termination of services. ............... 10

Sec. 410. Court Complaint Procedure. ......... 10

Sec. 401. Office of Clerk.

The Tribal Executive Board shall appoint a

chief clerk of court and such assistant clerks of

court as may be required, to be compensated at a

rate fixed by the Tribal Executive Board or by the

United States, depending on which pays the compensation. The chief clerk shall be bonded.

Sec. 402. Qualifications.

To be eligible to serve as chief clerk of court, a

person

(1) Must be at least twenty one (21) years of

age;

(2) Must be of high moral character and integrity;

(3) Must be a high school graduate or equivalent;

(4) Must be proficient in typing;

(5) Must never have been convicted of a felony;

(6) Must never have been dishonorably discharged from the Armed Services;

(7) Must be physically able to carry out the

duties of the office; and

(8) Must be a member of the Tribes. To serve

as an assistant clerk of court, a person must satisfy all the foregoing requirements except that an

assistant clerk shall be at least eighteen (18) years

of age, and preference shall be given to persons

able to speak the Assiniboine and Sioux languages.

Title 2

Sec. 403. Duties.

(a) The clerk shall render assistance to the

courts, to the authorized law enforcement officers

of the Reservation, and the Indians of the Reservation, in drafting complaints, subpoenas, warrants, notices of appeal, and any other documents

incidental to the lawful functions of the courts.

The clerk shall attend and keep written records of

all proceedings of the courts, administer oaths

and collect fines, costs, fees and other moneys.

The clerk shall be bonded and shall account to the

authority of all moneys collected, and the amount

of the bond of the clerk shall be fixed by the

Tribal Executive Board or the

United States, depending on which pays the compensation.

(b) The clerk shall complete 16 hours of continuing education annually, preferably through

the Fort Peck Community College, at the Court

Administrator’s discretion.

(AMENDED AS PER RESOLUTION NO.

2153-2001-9, DATED 09/10/01.)

Sec. 404. Tribal Court Administrator.

A Tribal Court Administrator shall be appointed by the Tribal Executive Board to be compensated at a rate fixed by the Tribal Executive

Board or the United States, depending on which

pays the compensation.

Sec. 405. Qualifications.

To be eligible to serve as the Tribal Court Administrator, a person

(1) Must be at least twenty five (25) years of

age;

(2) Must be of high moral character and integrity;

(3) Must be a college graduate or equivalent;

(4) Must never have been convicted of a felony;

(5) Must never have been dishonorably discharged from the Armed Services; and

(6) Must be physically able to carry out the

duties of the office.

Preference shall be given in selection of the

Tribal Court Administrator to members of the

Tribes, and to persons able to speak and understand the Assiniboine and Sioux languages.

Sec. 406. Compensation and bond.

The Tribal Court Administrator shall be

bonded. The compensation of the Tribal Court

Administrator and amount of the bond shall be

fixed by the Tribal Executive Council or the

United States, depending on which pays the compensation.

Sec. 407. Oath of office.

Before entering upon the duties of office, the

Tribal Court Administrator shall take the following oath or affirmation:

"I, ...., having been appointed Tribal Court

Administrator of the Tribal Court, do solemnly

swear (or affirm) that I will truly, faithfully, and

impartially discharge all duties of my office to the

best of my abilities and understanding. So help

me God."

Title 2

Sec. 408. Duties.

The Tribal Court Administrator shall be responsible for the planning and management of the

administration of the Fort Peck Court of Appeals

and Fort Peck Tribal Court. He/she shall supervise all employees of the Court, as designated by

the Tribal Executive Court, except for judges and

justices. The Tribal Court Administrator shall

plan, prepare and manage the budget, acquisition

of supplies and services, the necessary financial

accounting practices of the courts, and shall oversee all record keeping and reporting of the courts,

and shall adjudicate court complaints.

(AMENDED AS PER RESOLUTION NO.

2154-2001-9, DATED 09/10/01; RESOLUTION NO. 2281-89- 4, DATED 04/24/89. AND

RESOLUTION NO. 435-2006-3, DATED

03/14/06)

Sec. 409. Termination of services.

Termination of services of a Tribal Court Administrator, chief clerk of any assistant clerk shall

be by a majority vote of the Tribal Executive

Board at a meeting at which a quorum is present.

Sec. 410. Court Complaint Procedure.

(a) Any complaint to be properly noted against

any court employee shall be filed with the Court

and shall be reviewed by the Court Administrator.

The Court Administrator shall have ten (10) days

from the date of the filing of the complaint in

which to investigate the complaint, and an additional fifteen (15) days in which to produce a final

evaluation of the complaint and to take whatever

action deemed necessary by the Court Administrator.

(b) Any complaint against an employee of the

court shall be filed within ten (10) days from the

date of the specific action and include:

(1) The name of the complainant (person filing the complaint);

(2) The name of the court personnel against

whom the complaint is brought;

(3) A detailed description of the specific action of court personnel; and

(4) The date, time and place of action.

(ADOPTED AS PER RESOLUTION NO.

2155-2001-9, DATED 09/10/01).

Chapter 5. Attorneys and Lay Counselors

Sections:

Sec. 501. Qualifications for admissions as

attorney or lay counselor. ............................. 11

Sec. 502. Roll of attorneys and lay counselors

...................................................................... 11

Sec. 503. Right to counsel. ........................... 11

Sec. 504. Disbarment. .................................. 11

Sec. 505. Members of the Tribal Executive

Board shall not practice as attorneys or lay

counselors or attempt to influence Tribal

Court decisions............................................. 12

Sec. 501. Qualifications for admissions as attorney or lay counselor.

(a) Attorneys. No person may practice as an attorney before the Tribal Court or Court of Appeals unless admitted to practice and enrolled as

an attorney of the Tribal Court upon written application. Any attorney at law who is a member

in good standing of the bar of any state or federal

court shall be eligible for admission to practice

before the Tribal Court upon approval of the

Chief Judge, and successful completion of a bar

examination administered as prescribed by the

Tribal Executive Board.

(b) Lay counselor. Any person who meets qualifications established in this Section shall be eligible for admission to practice before the Court

as a lay counselor upon written application and

approval of the Chief Judge. To be eligible to

serve as a lay counselor, a person

(1) Must be at least twenty one (21) years of

age;

(2) Must be of high moral character and integrity;

(3) Not have been dishonorably discharged

from the Armed Services;

(4) Must have successfully completed a bar

examination administered as prescribed by the

Tribal Executive Board;

(5) Must not have been convicted of a felony

in any jurisdiction.

Title 2

(AMENDED AS PER RESOLUTION NO.

904-90-6, DATED 06/25/90.)

an attorney or lay counselor is denied by the Chief

Judge may appeal that determination to the Fort

Peck Court of Appeals within fifteen (15) days of

the denial. The Fort Peck Court of Appeals shall

request a statement of the reasons for the denial

from the Chief Judge, and after receiving such

statement shall review the application and any

other record which was before the Chief Judge

and may, in its discretion, hear oral argument by

the applicant. The Court of Appeals shall determine de novo whether the applicant shall be admitted, and its determination shall be final.

Sec. 502. Roll of attorneys and lay counselors.

A roll of attorneys and lay counselors admitted

to practice before the Court shall be maintained

by the clerk of court.

Sec. 503. Right to counsel.

Any person at his/her own expense may have

assistance of counsel in any proceeding before

the Tribal Court. The Tribal Court in its discretion

may appoint counsel to defend any person accused of a crime.

Sec. 504. Disbarment.

(a) The Tribal Court or the Court of Appeals

may disbar an attorney or lay counselor from

practice before the courts, or impose suspension

from practice for such time as the Court deems

appropriate, pursuant to rules adopted by the

Court, provided that the Court shall give such attorney or lay counselor reasonable prior notice of

the charges against him/her and an opportunity to

respond to them. The rules shall include significant violations of the Code of Ethics of the Assiniboine and Sioux Tribes of the Fort Peck Reservation as grounds for disbarment.

(AMENDED AS PER RESOLUTION NO.

2982-87- 8, DATED 08/10/87.)

(b) Any person who is disbarred or suspended

by the Tribal Court may appeal that determination to the Fort Peck Court of Appeals within fifteen (15) days of the disbarment or suspension.

The Fort Peck Court of Appeals shall request a

statement of the reasons for the disbarment or

suspension from the Chief Judge, and after receiving such statement shall review the record

which was before the Tribal Court and may, in its

discretion, hear oral argument by the applicant.

The Court of Appeals shall determine de novo

whether the applicant shall be disbarred or suspended and its determination shall be final.

by a justice of the Court of Appeals may appeal

that determination to the Fort Peck Court of Appeals within fifteen (15) days of the disbarment

or suspension. The appeal shall be determined by

those justices of the Court not involved in the initial determination. The Court shall request a

statement of the reasons for the disbarment or

suspension from the justice who took the initial

action, and after receiving such statement shall

review the record which was before the justice

and may, in its discretion, hear oral argument by

the applicant. The Court of Appeals shall determine de novo whether the applicant shall be disbarred or suspended and its determination shall

be final.

(AMENDED AS PER RESOLUTION NO.

1905-84-12, DATED 12/11/84.)

(d) Any person who has been disbarred or suspended in excess of one (1) year from the practice

of law before the Fort Peck Tribal Courts may reapply for admission before the Chief Judge of the

Fort Peck Tribal Court. If the Chief Judge had

previously disbarred or suspended the applicant,

then the application shall be filed with an Associate Judge of the Tribal Court. The person must

submit a statement for readmission to the appropriate judge of the Tribal Court. After receiving

such statement, the appropriate judge shall determine whether there is good cause for the applicant to be readmitted to practice before the Fort

Peck Tribal Courts. If the applicant for readmission is denied by the judge, the applicant may appeal such decision to the Fort Peck Court of Appeals within ten (10) working days from receipt

of such denial in writing. The decision of the

Court of Appeals shall be final.

Title 2

(AMENDED AS PER RESOLUTION NO.

903-90-6, DATED 06/25/90.)

Sec. 505. Members of the Tribal Executive

Board shall not practice as attorneys or lay

counselors or attempt to influence Tribal

Court decisions.

No member of the Tribal Executive Board shall

practice before or in any manner attempt to influence any decision of the Tribal Court or Court of

Appeals during his/her term of office. Attempts

to influence Tribal Court decisions shall be

grounds for removal from office under Section

2(b), Article 6 of the Tribes' constitution and bylaws.

Chapter 6. Tribal Court Prosecutor and

Public Defender

Sections:

Sec. 601. Office of tribal court prosecutor... 12

Sec. 602. Qualifications. .............................. 12

Sec. 603. Appointment and compensation... 13

Sec. 604. Oath of office. .............................. 13

Sec. 605. Term of office. ............................. 13

Sec. 606. Duties. .......................................... 13

Sec. 607. Termination of services of tribal

court prosecutor. .......................................... 13

Sec. 608. Office of tribal public defender. ... 13

Sec. 609. Qualifications. .............................. 13

Sec. 610. Compensation. ............................. 14

Sec. 611. Oath of office. .............................. 14

Sec. 612. Term of office. ............................. 14

Sec. 613. Duties and policy guidelines..........14

Sec. 614. Termination of services of tribal

public defender. ........................................... 14

Sec. 601. Office of tribal court prosecutor.

There shall be a tribal court prosecutor, and

such assistant prosecutors as the Tribal Executive

Board may determine.

Sec. 602. Qualifications.

To be eligible to serve as tribal court prosecutor

or assistant prosecutor, a person shall

(1) Have an Associate of Arts degree or

Bachelor of Arts degree from an accredited college in law and justice or similar field of study;

(2) Be at least twenty-one (21) years of age;

(3) Be of high moral character and integrity;

(4) Not have been dishonorably discharged

from the Armed Services;

(5) Be physically able to carry out the duties

of the office;

(6) Have successfully completed a bar examination administered as prescribed by the Tribal

Executive Board;

(7) Must be a Fort Peck Tribal member capable of maintaining good relationships with the

Tribal Courts;

(8) And must have training in Fort Peck

Tribal Court Law and Assiniboine and Sioux culture.

(AMENDED AS PER RESOLUTION NO.

2152-2001-9, DATED 09/10/01, AND RESOLUTION NO. 25-87-11, DATED 11/09/87.)

Special Tribal Prosecutors may be appointed as

required by Resolution of the Tribal Executive

Board. Such person(s) appointed as Special

Tribal Prosecutor must meet the qualifications set

forth in this Section except that such person(s)

need not be Fort Peck Tribal members.

(AMENDED AS PER RESOLUTION NO.

639-90-4, DATED 04/23/90).

Sec. 603. Appointment and compensation.

The tribal court prosecutor shall be appointed

by a two-thirds (2/3) vote of the Tribal Executive

Board taken at a meeting at which a quorum is

present. Assistant tribal prosecutors shall be appointed by a majority vote of those voting at a

meeting of the Tribal Executive Board at which a

quorum is present. The Tribal Executive Board

shall establish rates of compensation of the tribal

court prosecutor and any assistants.

Sec. 604. Oath of office.

Before entering upon the duties of office, the

tribal court prosecutor and assistant prosecutors

shall take the following oath of affirmation:

"I, …., do solemnly swear (or affirm) that I

will truly, faithfully and impartially discharge all

duties of my office as prosecutor to the best of my

abilities and understanding. So help me God."

Title 2

Sec. 605. Term of office.

Repealed as per Resolution No.

145-2009-12; Dated 12/14/2009.

Sec. 606. Duties.

The tribal court prosecutor and assistant

prose-cutors shall, in the name of the Tribes,

prosecute criminal cases in Tribal Court. The

prosecutors shall review and approve all

criminal complaints, unless signed by a law

enforcement

officer

hav-ing

personal

knowledge of the violation, shall su-pervise the

gathering of evidence by law enforce-ment

officers to make sure each case is promptly and

fairly presented, shall represent the Tribes at

arraignments, and shall be authorized to dismiss

any criminal complaint that is not supported

by sufficient evidence or is improvidently

brought. The tribal court prosecutor and

assistant prosecu-tors shall represent juveniles

in Juvenile Court proceedings where parents

or guardians are charged with neglect, abuse

or abandonment, or where the custody of a

child is disputed. The tribal court prosecutor

shall make recommenda-tions from time to

time to the Tribal Executive Board on the

administration of justice on the Res-ervation.

Sec. 607. Termination of services of tribal

court prosecutor.

Repealed as per Resolution No.

145-2009-12; Dated 12/14/2009.

Sec. 608. Office of tribal public defender.

The Tribal Executive Board may appoint

a tribal public defender and any assistants it

deems necessary by majority vote of those

voting at a meeting of the Tribal Executive

Board at which a quorum is present.

Sec. 609. Qualifications.

(a) To be eligible to serve as Tribal public

defender or assistant defender, a person shall:

(1) Be at least 21 years of age;

(2) Be of high moral character and integrity;

(3) Not have been dishonorably discharged

from the Armed Services;

(4) Be physically able to carry out the duties

of the office; and

(5) Successfully completed, during their

probationary period, a bar examination

administered as prescribed by the Tribal

Executive Board.

(b) A public defender who has a Juris Doctor

degree from an ABA accredited law school,

passed the Fort Peck Bar Exam, taken the oath of

office and passed a background check, is

sufficiently qualified under the Indian Civil

Rights Act to represent a defendant imprisoned

more than one year and any defendant charged

under the Tribes’ Special Tribal Criminal

Jurisdiction.

(AMENDED PER RESOLUTION NO.

31-2228-2023-08, DATED 8/17/23.)

Sec. 610. Compensation.

The Tribal Executive Board shall establish

rates of compensation for the tribal public defender and assistants.

Sec. 611. Oath of office.

Before entering upon the duties of office, the

tribal public defender and assistant defenders

shall take the following oath or affirmation:

"I, …., do solemnly swear (or affirm) that I

will truly, faithfully and impartially discharge all

duties of my office as defender to the best of my

abilities and understanding. So help me God."

Sec. 612. Term of office.

Repealed as per Resolution No. 145-2009-12;

Dated 12/14/2009.

Sec. 613. Duties and Policy Guidelines.

Eligibility:

Duties and policy guidelines.

(a) Eligibility for Tribal Public Defender.

(1) The Tribal Court Judges may refer any

individual, adult or juvenile, that meets the

eligibility requirements to the Public

Defender for representation.

Title 2

(2) For a Defendant to be granted a courtappointed public defender, the Court may

consider,

but is not limited to, the following factors to

determine financial eligibility:

(a) Ability to make bond;

(b) Earning capacity and living expenses;

(d) The number of dependents in the

Defendant’s family;

(e) The willingness and ability of the

Defendant’s family to assist the Defendant

with attorney fees;

(f) Past and present financial history;

(g) Property owned; and

(h) Any other relevant considerations as

determined by the Court.

(3) When a Defendant makes a request for a

court-appointed public defender, an

application and an Affidavit of Indigence

shall be completed in written form and signed

under oath. The initial determination of

indigence shall be based on the Defendant’s

application and

Affidavit of Indigence, which shall be filed in

the case with the Tribal Court.

(4) A status of indigence is subject to change

and the determination of indigence shall be

continually subject to review by the Judge of

the Tribal Court.

(b) Priority of Appointment in Certain

Cases.

(1) Criminal: The Public Defender may

assume representation for adult misdemeanor

or felony offenses in which the defendant is

facing potential imprisonment, including

Class A misdemeanor and Felony offenses

under the Fort Peck Comprehensive Code of

Justice. The following cases shall have

priority:(a) All felony cases

(b) Class A misdemeanors: abuse of child,

neglect of child, statutory rape, stalking,

sexual assault, simple assault, domestic abuse

partner or family member assault, concealed

weapon, driving under the influence,

hindering law enforcement, criminal

contempt, resisting, false imprisonment,

abandonment of child, elder abuse, possession

of explosives, use of dangerous weapons by

children, unlawful possession of dangerous

drugs, unlawful possession of toxic

substances, drug paraphernalia, violation of

temporary restraining order, resisting arrest,

threats and other improper influences in

official matters.

(2) Non-priorities: The Public Defender will

have discretion to represent the following

charges based on current caseload, facts of the

particular case, implications of representation,

and potential sentence.

(a) Class A Misdemeanors: aiding suicide,

harboring a child, indecent exposure, criminal

trespass, theft (less than $100), criminal

mischief (damage more than$100), injury to

public property (more than $100), issuing bad

checks (3rd or subsequent offense), forgery

(less than $100), violation of tribal permit or

lease, void liens, unlawful discharge of

firearms, unlawful possession of liquor by

someone under 21 (2nd or subsequent

offense), unlawful sale or distribution of

liquor to minor, contributing to the

delinquency of a minor, unlawful distribution

of tobacco to minor, unlawful possession of

dangerous drugs, unlawful possession of toxic

substances, interfering with elections,

tampering withwitnesses or informants,

disorderly conduct, desecration of tribal flag,

failure to support dependent persons, failure to

send children to school, curfew, restaurants

and itinerant restaurants, entering a closed

area, driving without a license, reckless or

careless driving, unlawful use of or tampering

with a motor vehicle, driving in violation of

an order of the court, mandatory financial

responsibility.

(3) Juvenile and Family Law cases—The

Public Defender will consider Juvenile and

Family Law cases which are referred by a

Judge, or at the Public Defenders’ discretion,

but will not represent one tribal member

against another tribal member, with priority

given to cases involving potential civil rights

violations within the scope of the Indian Civil

Rights Act.

(4) Civil Cases: Other cases may be specially

referred to the Public Defender by a Tribal

Title 2

Court Judge, subject to availability, time, and

resources after fulfilling priorities listed

below, or at the Public Defenders’ discretion.

(5) Conditions and Limitations:(a) When

there are simultaneous requests by opposing

individuals that meet the income eligibility

requirements, such as in the case of codefendants, the Public Defender will represent

the first individual to make a request or the

first party referred by a judge.

(b) The Public Defender shall not represent

any tribal member against another tribal

member.

(1) Any individual that meets the eligibility

criteria may request the advice of the public

defender before he/she pleads to the charge

pursuant to CCOJ, Title 6, Ch. 4, Sec.

401(c(2)(d).

(2) Individuals who have not been taken into

custody and who desire representation for a

criminal proceeding may contact the Public

Defender’s Office to determine eligibility.(3)

An individual seeking representation must fill

out an application and financial statement.

(4) The Public Defender will either accept or

decline representation in a timely manner or

notify the individual of reason for delay.

(5) The Public Defender shall not accept any

applications for cases in which trial has been

scheduled for two weeks or less from the date

of the application.

(6) The Public Defender shall contact new

clients as soon as possible after accepting

their applications.

(d) Code of Ethics.

(1) The Public Defender shall adhere to the

Fort Peck Tribal Court Code of Ethics for

Attorneys and Lay Counselors of the Fort

Peck Indian Reservation.

(e) Referrals.

(1) The Public Defender may maintain a list

of local attorneys and lay advocates to refer

fee generating cases for which the Public

Defender has declined representation.

(AMENDED AS PER RESOLUTION NO.

31-2228-2023-08, DATED 08/17/2023.)

Sec. 614. Termination of services of tribal

public defender.

Repealed as per Resolution No.

145-2009-12; Dated 12/14/2009.

Fort Peck Tribal Court

807 Court Avenue - P.O. Box 1027

Poplar, MT 59255

Title 3 – Government Organization

Table of Contents

Chapter 1. Assiniboine and Sioux Tribal Flag .............................................................................................. 1

Chapter 2. Police and Law Enforcement ...................................................................................................... 2

Chapter 3. Tribal Jail..................................................................................................................................... 4

Chapter 4. Extradition ................................................................................................................................... 5

Chapter 5. Parks ............................................................................................................................................ 7

Chapter 6. Relationships with Other Governments ...................................................................................... 7

Chapter 7. Exclusion from the Fort Peck Reservation .................................................................................. 7

Chapter 1. Assiniboine and Sioux Tribal

Flag

Sections:

Sec. 101. The Assiniboine and Sioux Tribal

Flag. ............................................................... 1

Sec. 102. Display of the flag. ......................... 1

Sec. 103. Manner of display........................... 1

Sec. 104. Proper methods of handling, storage

and destruction. .............................................. 1

Sec. 105. Desecration of the Tribal Flag. ....... 2

Sec. 101. The Assiniboine and Sioux Tribal

Flag.

The Assiniboine and Sioux Tribal Flag shall

consist of a sky blue field, containing two (2) Indian chiefs in war bonnets holding a buffalo robe.

The words "Fort Peck Tribes" shall appear on the

buffalo robe, the word "Assiniboine" on the left

hand war bonnet and the word "Sioux" on the

right hand war bonnet.

Sec. 102. Display of the flag.

(a) The Assiniboine and Sioux Tribal Flag shall

be displayed, except on days when the weather is

inclement, within, on or near the main building or

entrance of the Tribal Office.

(b) The Assiniboine and Sioux Tribal Flag may

be displayed within buildings, or outside where it

shall be displayed only from sunrise to sunset,

and only on flagstaffs or staffs affixed to buildings. The flag may be otherwise displayed in an

appropriate manner on special occasions.

Sec. 103. Manner of display.

(a) The manner in which the Assiniboine and

Sioux Tribal Flag is displayed with or near the

Flag of the United States shall be in conformance

with laws governing the display of the Flag of the

United States.

(b) The Assiniboine and Sioux Tribal Flag

should be displayed in a proper and respectful

manner, conspicuously placed and well secured.

When the Flag is displayed otherwise than being

flown from a staff, it should be displayed flat,

whether indoors or out, or so suspended that its

folds fall as free as though the Flag were staffed.

should be hoisted briskly and lowered ceremoniously.

(d) The Assiniboine and Sioux Tribal Flag

should be displayed above any flags on a single

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staff, except the United States Flag, and if several

Flags are displayed together, the Assiniboine and

Sioux Tribal Flag should occupy the place of central or greatest prominence, except when the

United States Flag is displayed, in which case the

Assiniboine and Sioux Tribal Flag should be displayed immediately to the left and slightly lower

than the United States Flag.

(e) The Chairman of the Assiniboine and Sioux

Tribes is hereby authorized to order that the Assiniboine and Sioux Tribal Flag be displayed at

half-staff, whenever appropriate, and to prescribe

the length of time the Flag should be so displayed.

The Flag, when displayed at half-staff, should

first be hoisted to the peak of the staff for an instant and then lowered to the half-staff position.

The Flag should again be raised to the peak of the

staff before it is lowered for the day.

Sec. 104. Proper methods of handling, storage

and destruction.

(a) The Flag should never touch anything beneath it, such as the ground, the floor, water, or

merchandise, and should always be kept or placed

in a clean container or wrapping used for the purpose of keeping the Flag.

(b) The Flag should never be used as drapery of

any sort whatsoever, never festooned, drawn

back, nor up, in folds, but always allowed to fall

free.

permit it to be easily torn, soiled or damaged in

any way.

(d) The Flag should never have placed upon it,

nor any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or

drawing of any nature.

(e) The Flag should never be used for advertising purposes in any manner whatsoever. It should

not be embroidered on such articles as cushions

or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard, or used as any portion of a costume or athletic uniform. Advertising signs should not be

fastened to a staff or halyard from which the Flag

is flown.

(f) The Flag, when it is in such condition that it

is no longer a fitting emblem for display, should

be destroyed in a dignified way, preferably by

burning.

such proper disciplinary measures as may be consistent with existing regulations.

Sec. 105. Desecration of the Tribal Flag.

No person shall knowingly cast contempt upon

the Assiniboine and Sioux Tribal Flag by publicly

mutilating, defacing, defiling, burning or trampling upon it. Any non- Indian violating this provision may be excluded from lands subject to the

jurisdiction of the Tribes by order of the Fort Peck

Tribal Court.

Sec. 203. Police commissioners.

The commander of Reservation police, with the

approval of the Commissioner of Indian Affairs,

may designate a police commissioner. Wherever

any special federal officer is regularly employed

on the Reservation, he/she shall be police commissioner. The police commissioner shall enforce

all orders of the Fort Peck Tribal Court and Court

of Appeals. The police commissioner shall be responsible to the commander for the conduct and

efficiency of the Reservation police under his/her

direction and shall give such instruction and advice to them as may be necessary. The police

commissioner shall promptly report all violations

of law or regulation and any misconduct of any

member of the Reservation police to the commander.

Chapter 2. Police and Law Enforcement

Sections:

Sec. 201. Superintendent to command

Reservation police. ......................................... 2

Sec. 202. Duties of commander of

Reservation police. ......................................... 2

Sec. 203. Police commissioners. .................... 2

Sec. 204. Police training. ............................... 2

Sec. 205. Appointment and qualifications of

Reservation police. ......................................... 2

Sec. 206. Duties of Reservation police. ......... 3

Sec. 207. Procedures for discipline and

dismissal. ........................................................ 3

Sec. 208. State and local law enforcement

officials authorized to make arrests................ 4

Sec. 201. Superintendent to command Reservation police.

The Superintendent of the Fort Peck Agency

shall be the commander of the Reservation police.

Sec. 202. Duties of commander of Reservation

police.

The commander shall be responsible for the

general efficiency and conduct of the Reservation

police. He/she or his/her duly qualified representative shall keep informed as to the efficiency

of the police officers in the discharge of their duties, inspect the force at regular times, inform the

police officers of their duties, and account for the

equipment issued in connection with their official

duties. The commander shall detail such Reservation police officers as may be necessary to carry

out the orders of the Fort Peck Tribal Court or

Court of Appeals and to preserve order in the

Courts. The commander shall investigate all reports and charges of misconduct on the part of

Reservation police officers and shall exercise

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Sec. 204. Police training.

The commander shall conduct or maintain, as

circumstances require, classes for the instruction

of the Reservation police in the proper enforcement of their duties. Such classes shall familiarize

the police officers with

(1) The manner of making searches and arrests;

(2) The proper and humane handling of prisoners;

(3) The keeping of records of offenses and

police activities;

(4) The court's orders and legal forms and the

duties of the police in relation thereto; and

(5) Any other subjects of importance for efficient police duty. Particular instruction shall be

given to the methods of preventing crime and of

securing cooperation with Indian and non-Indian

communities in establishing better social relations.

Sec. 205. Appointment and qualifications of

Reservation police.

(a) When appointment of Reservation police is

subject to control by the Tribes, the Executive

Board, with the approval of the Assistant Secretary for Indian Affairs, may appoint Indians as

Reservation police;

(b) To be eligible for appointment, an Indian

shall possess qualifications as follows:

(1) Be of sound physical condition and sufficient size and strength to perform the duties required of a police officer;

(2) Be of courage, self- reliance, intelligence

and high sense of loyalty and duty;

(3) Never have been convicted of a felony for

which he/she has not received a pardon, nor have

been convicted of any misdemeanor for a period

of one (1) year prior to appointment;

(4) Have a high school degree or its equivalent;

(5) Be at least eighteen (18) years of age;

(6) If the appointment is to be a permanent

appointment, have attended and satisfactorily

completed the course of study at a duly accredited

police academy.

the age seventy (70).

Sec. 206. Duties of Reservation police.

The duties of a Reservation police officer shall

be as follows:

(a) To obey promptly all orders of the police

commissioner or the Fort Peck Tribal Court or

Court of Appeals when assigned to that duty;

(b) To lend assistance to other officers;

any laws or regulation coming to his/her notice or

reported for attention;

(d) To arrest all persons observed violating

the laws or committing the offenses enumerated

in Title 7 (Criminal Offenses) of this Code;

(e) To inform himself/herself as to the laws,

regulations and offenses applicable to the Reservation and as to the laws of arrest, including

Chapter 2 of Title 6 (Criminal Procedure);

(f) To prevent violations of the law and the

committing of offenses enumerated in Title 7

(Criminal Offenses) of this Code;

(g) To report to his/her superior officers all

accidents, births, deaths, and events or impending

events of importance;

(h) To abstain from the use of intoxicants and

narcotics while on duty and to refrain from engaging in any act which would reflect discredit

upon the police force;

(i) To refrain from the use of profane, insolent or vulgar language while on duty;

(j) To use only necessary force in making an

arrest, search, or seizure;

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(k) To keep all equipment furnished by the

United States and the Tribes in reasonable repair

and order;

(l) To report the loss of any and all property

issued by the United States or the Tribes to the

appropriate officials;

(m) To arrest non-Indians on the Reservation

for violations of state of local law pursuant to any

state or local law or agreement authorizing Indian

police to make such arrests. Any person arrested

under this subsection shall be promptly delivered

to state or local authorities in accordance with the

law or agreement authorizing the arrest;

(n) To arrest Indians or non-Indians for violations of federal law on the Reservation. Any

person arrested under this subsection shall be

promptly delivered to appropriate federal authorities. No police officer shall be assigned or detailed for duty as janitor or chauffeur or for any

duty not connected with the administration of law

and order.

Sec. 207. Procedures for discipline and dismissal.

(a) Whenever a charge or complaint is brought

against any employee of the Reservation police

force, the commander of Reservation police in

his/her discretion may place the employee on administrative leave and suspend the employee

from all duties, or may assign the employee to administrative duties. Any suspension under this

section shall be without pay.

(b) At the time action under subsection (a) is

taken, the employee shall be informed of the reason for the action and promptly after the action is

taken the commander shall:

(1) Serve the employee with a written statement of the charges or complaints and the names

of all persons on whose information the charges

or complaints are based. Service shall be in person, or by leaving the written statement at the last

known place of residence of the employee with

some person of suitable age and discretion then

living in the residence.

(2) Set a hearing date not less than five (5)

days, or more than ten (10) days, after the employee has been served with the written statement

of charges.

(3) persons, selected by the Executive Board.

None of the persons selected shall be employees

of the Reservation police force or members of the

Executive Board.

(d) The parties shall be entitled to counsel and

an opportunity to confront and examine witnesses.

(e) The hearing panel shall render a decision

promptly and issue a final order in writing that

shall be binding on the parties. If the decision is

adverse to the employee, the order shall specify

the penalty, which may include termination of

employment, suspension from duty without pay

for a specified period, not to exceed two (2)

weeks, or a monetary penalty. If a monetary penalty is imposed, the employee, at his/her option,

may resign rather than pay the penalty.

(f) The procedures set forth in this Section shall

be in lieu of those set forth in 25 C.F.R.

11.304(k). The procedures set forth in this Section shall be included in any contract or grant under 25 C.F.R. Part 271 or Part 272 for the administration of the Reservation police force.

Sec. 208. State and local law enforcement officials authorized to make arrests.

(a) All law enforcement officials vested with

general law enforcement authority by the State of

Montana, or by any County or City within the

boundaries of the Fort Peck Reservation and approved by Executive Board on recommendation

of the safety committee, are hereby authorized to

arrest Indians on any highway on the Reservation

or within the boundaries of the cities of the Reservation for violations of the Tribal Code of Justice. Each jurisdiction shall from time to time

submit the names of new law enforcement officials to the safety committee for approval.

(b) Upon arresting any Indian as authorized by

this Section, such law enforcement officials shall

promptly deliver the individual to the Tribal

Court or to the appropriate tribal law enforcement

officers for action under tribal laws.

Chapter 3. Tribal Jail

Sections:

Sec. 301. Duties of the Chief Jailer and jailers.

........................................................................ 4

Sec. 302. Procedures upon arrival of new

prisoners. ........................................................ 4

Sec. 303. Prisoners to be kept in cells. ........... 4

Sec. 304. Property permitted in the jail. ......... 5

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Sec. 305. Meals. ............................................. 5

Sec. 306. Work details. .................................. 5

Sec. 307. Visitors and phone calls. ................ 5

Sec. 308. Medical care for prisoners.............. 5

Sec. 309. Women's cell block. ....................... 5

Sec. 310. Release. .......................................... 5

Sec. 301. Duties of the Chief Jailer and jailers.

(a) The Chief Jailer and the assistant jailers are

responsible for the safety, cleanliness and general

well-being of all persons confined as prisoners of

the Fort Peck Tribal Court.

(b) The duty jailer shall monitor the Indian police radio frequency, and shall keep an accurate

radio log of all police calls and document all complaints, arrests and police calls on the radio log.

the jail. Only four (4) such trustees may be allowed outside the cell block at a time.

Sec. 302. Procedures upon arrival of new

prisoners.

(a) Upon incarceration of each person held in

the Fort Peck Tribal Jail, all personal property in

the possession of the person to be confined shall

be taken from the prisoner, properly inventoried

and stored in a safe place until the person is released from custody.

(b) Any new prisoner who is not intoxicated

may use the telephone for one (1) completed call

to an attorney or lay counselor and one (1) completed call to a friend or relative prior to being

placed in the cell block. Any long distance calls

must be made collect.

block for detention until release or further court

action.

Sec. 303. Prisoners to be kept in cells.

(a) All prisoners are to be locked in their respective cells at all times, with exception of the

trustee, and such others actually performing work

on assigned work details.

(b) If, in his/her judgment, he/she can do so

without risk to the security of the jail, the Chief

Jailer may designate a daily exercise period during which the prisoners, under supervision, may

be out of their cells.

Sec. 304. Property permitted in the jail.

(a) No property shall be allowed to be furnished

incarcerated prisoners with exception to tobacco

products and clean clothing. No foods other than

scheduled meals shall be furnished to prisoners.

No knives, beer openers, bottles, metal objects or

other items which could produce bodily harm

shall be allowed inside the cell blocks.

(b) Each prisoner will be furnished with eating

materials and bedding as required.

Sec. 305. Meals.

(a) All persons confined shall be fed a minimum of three (3) meals each day while confined;

breakfast shall be fed before 8:00 a.m., lunch at

approximately noon, and dinner at approximately

5:00 p.m.

(b) The Chief Jailer shall direct preparation of

and establish procedures for serving these meals.

Sec. 306. Work details.

(a) Incarcerated prisoners shall be assigned

work details for the benefit of the Tribes only

upon authorization of the Presiding Judge of the

Tribal Court.

(b) The Chief Judge and the assistant jailers

may use prison labor for internal cleaning of the

jail such as scrubbing floors, walls, sweeping and

mopping. The jail should be kept in clean and

sanitary condition, and should be scrubbed at

least two (2) times each week, swept daily, and

trash should be emptied daily or more frequently

as needed.

Sec. 307. Visitors and phone calls.

(a) No unauthorized persons shall be allowed

inside or around the Fort Peck Jail.

(b) Visiting hours shall be posted at the gate

and strictly enforced.

calls at the jail.

(d) Prisoners shall be afforded adequate opportunity to consult privately with their attorneys or

lay counselors. Notwithstanding subsection (c),

prisoners may have reasonable access to the telephone to communicate with their attorney and lay

counselors.

Sec. 308. Medical care for prisoners.

(a) When any prisoner confined requires medical attention, the Chief Jailer or his/her assistant

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on duty shall arrange with the Tribal police for

transportation to the necessary medical facility.

Any medications prescribed for prisoners' use

shall be kept and issued by the duty jailer. No

medicines will be allowed in cell blocks.

(b) The Chief Jailer shall maintain records each

showing the date, time and reason for each instance of medical treatment of prisoner, and

showing all prescriptions issued to each prisoner,

and showing the date and time of each issuance

of medication to each prisoner.

Sec. 309. Women's cell block.

Female prisoners shall be confined in a separate

cell block. The Chief Jailer shall assure the privacy of the women's cell block. To the extent reasonably possible, a female jailer shall be available

for duty in the women's cell block. Only under

emergency circumstances shall any male jailer or

police officer, or other male person enter the

women's cell block.

Sec. 310. Release.

No prisoner shall be released from custody until a release form or other order is signed by the

presiding tribal judge, the prisoner's sentence is

served, or release is ordered by a court having jurisdiction over the matter.

Chapter 4. Extradition

Sections:

Sec. 401. Definitions...................................... 5

Sec. 402. Tribal Court to issue warrant. ........ 6

Sec. 403. Notice of hearing; waiver of

hearing. .......................................................... 6

Sec. 404. Accused may be admitted to bail

conditions of bond. ........................................ 6

Sec. 405. Issues for determination. ................ 6

Sec. 406. Entry of judgment. ......................... 7

Sec. 401. Definitions.

(a) Fugitive from justice. Any Indian who has

fled to the Reservation and is charged by a state

with a crime committed within the jurisdiction of

the state but outside of Indian country, or is

charged by an Indian tribe with an offense committed in Indian country.

(b) Demanding jurisdiction. The governor of

the state, or tribal chairman of the Indian Reservation, from which the fugitive from justice fled,

or the authorized agent of such person.

Sec. 402. Tribal Court to issue warrant.

Whenever a demanding jurisdiction requests a

fugitive from justice and produces a copy of the

indictment found, or complaint and warrant, or

other judicial evidence, charging any Indian with

having committed a crime within the jurisdiction

of the demanding jurisdiction, the Tribal Court

may issue a warrant for the apprehension and

commitment of the Indian so charged, to the end

that such Indian may be brought before the Tribal

Court for hearing and determination of the issues

set forth in Section 405 of this Chapter.

Sec. 403. Notice of hearing; waiver of hearing.

As soon as possible after the apprehension of

the accused Indian, and in any event within

twenty four (24) hours, the Tribal Court shall fix

a date for the hearing on the issues defined in Section 405 of this Chapter. The hearing date shall be

not more than two (2) weeks after the date of apprehension of the accused, unless the accused is

in custody at the time the demand is received. At

the same time, the Tribal Court shall:

(a) In open Court and on the record advise the

accused Indian of his/her rights to present evidence and testimony at the hearing on the issues

defined in Section 405 of this Chapter, furnish the

accused Indian with a copy of this Chapter calling

particular attention to Section 405 defining the issues to be heard, and advise the Indian that the

Indian may voluntarily waive the hearing and

agree to be delivered to the demanding jurisdiction.

(b) Immediately notify the demanding jurisdiction of the date of the hearing by telephone if

necessary, furnish the demanding jurisdiction

with a copy of this Chapter calling particular attention to Section 405 of this Ordinance defining

the issues to be heard, and advise the demanding

jurisdiction of its right to present evidence and

testimony and to be represented by counsel.

Executive Board of the date of the hearing. The

Executive Board may, through any representative

designated by it, be present at the hearing, and

present evidence and legal arguments.

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Sec. 404. Accused may be admitted to bail

conditions of bond.

The Tribal Court may release the accused Indian from custody pending the hearing provided

for in Section 405 of this Chapter in accordance

with Title 7 (Criminal Procedure), Section

402(a), provided that the Court shall impose such

conditions of release as it deems proper for the

appearance of the Indian before the Tribal Court

at the hearing and for the surrender of the Indian

to the demanding jurisdiction, if so adjudged after

the hearing.

Sec. 405. Issues for determination.

At the hearing as provided in Section 403

hereof, the Tribal Court shall hear and determine

the following issues:

(a) Whether the accused Indian is the person

before the court and is the person charged by the

demanding jurisdiction with the commission of a

crime.

(b) Whether there is evidence of criminality.

For purposes of this Section, criminality is established if evidence is found sufficient to justify

commitment for trial if the crime had been committed on the Reservation. Evidence need not be

such as is required to convict an accused at a trial.

The Tribal Court shall not determine guilt or innocence.

the charge by the demanding jurisdiction indicate

that the accused Indian was the victim of discrimination by reason of his/her race.

(d) Whether the demanding jurisdiction can

assure the accused Indian of nondiscriminatory

and safe treatment in jail of the demanding jurisdiction. (e) Whether the demanding jurisdiction

can assure the accused Indian of a fair trial in the

area of the demanding jurisdiction where such a

trial would be held.

(f) Whether the criminal charges by the demanding jurisdiction were in good faith, or for the

purpose of using criminal process to compel payment of a civil debt or some other improper motive.

(g) Whether, under all the facts and circumstances, justice would best be served by delivering the Indian to the demanding jurisdiction.

Sec. 406. Entry of judgment.

If the accused Indian waives in writing the right

to a hearing, or if the issues defined in Section

405 hereof are resolved against the accused Indian, the Tribal Court shall enter a judgment authorizing the demanding jurisdiction to arrest and

remove the accused Indian from the Reservation.

Chapter 5. Parks

Sections:

Sec. 501. Closing times. ................................. 7

Sec. 502. Consumption of liquor.................... 7

Sec. 501. Closing times.

All tribal parks and celebration grounds on the

Fort Peck Indian Reservation shall be closed from

10:00 p.m. until dawn each day, except that use

of the parks after 10:00 p.m. may be authorized

by the Executive Board for organized functions

such as a recognized pow wow.

Sec. 502. Consumption of liquor.

No liquor shall be consumed in tribal parks or

celebration grounds at any time.

Chapter 6. Relationships with Other Governments

Sections:

Sec. 601. Consultation with governmental

entities. ........................................................... 7

Sec. 601. Consultation with governmental entities.

(a) It is the policy of the Assiniboine and Sioux

Tribes that the federal, state and local governments and any agencies thereof should consult

with the Tribes concerning any policy, decision

or enactment which may significantly affect the

Tribes or the Fort Peck Indian Reservation prior

to such policy, decision or enactment.

(b) Any government entity desiring to initiate

consultation about any matter of mutual interest

may do so by contracting the Chairman of the

Fort Peck Tribal Executive Board. Consultation

shall be with the Executive Board, the Chairman,

or such agency or representative of the Tribes as

the Chairman or Board may direct.

Board desires to consult with any government or

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governmental entity it shall initiate such consultation by a communication directed to the head of

such government or governmental entity, except

that:

(1) Consultations with a federal agency or instrumentality may, if appropriate, be initiated by

a communication directed to the regional director

of such agency for the region which includes the

Fort Peck Indian Reservation;

(2) Consultations with the Bureau of Indian

Affairs may, if appropriate, be initiated by a communication directed to the Superintendent of the

Fort Peck Agency; and

(3) Any government or governmental entity

may, by so informing the Chairman, appoint a

representative to whom such communication

shall be directed.

(d) This section shall not be construed to forbid

or limit informal communications and cooperation between the Tribes and their agencies and

other governmental entities. However, all such

informal communications and cooperation shall

be subject to supervision by the Executive Board.

Chapter 7. Exclusion from the Fort Peck

Reservation

Sections:

Sec. 701. Grounds for Exclusion. .................. 7

Sec. 702. Initiation of Exclusion Proceedings.

....................................................................... 8

Sec. 703. Notices. .......................................... 8

Sec. 704. Hearing on Charges........................ 8

Sec. 705. Content of Exclusion Order. .......... 8

Sec. 706. Revocation of Exclusion Orders. ... 8

Sec. 707. Procedures for entering Reservation

for exclusion, revocation or Tribal Court

hearing. .......................................................... 9

Sec. 701. Grounds for Exclusion.

Any person may be excluded from the Reservation for:

(a) Conduct which substantially threatens the

life, the physical health or the safety of an Indian

or Indians residing on the Reservation.

(b) Conviction in Tribal Court of at least

three felonies or Class A Misdemeanors which

involve acts of violence against persons under the

laws of the Tribes.

Sec. 702. Initiation of Exclusion Proceedings.

(a) Exclusion proceedings shall be initiated by

written charges of specific conduct justifying exclusion made by the Tribal Civil Prosecutor or a

member of the Tribal Executive Board. Such

charges shall also include the text of a proposed

exclusion order. The charges and order must then

be adopted by a majority vote of the Tribal Executive Board at a meeting at which a quorum is

present.

(b) In an emergency situation and for good

cause shown, the Board may, at the time it adopts

charges, enact a temporary exclusion order, effective upon adoption, against the person or persons

charged. Such temporary exclusion order shall be

effective for 30 days or until the date of the hearing pursuant to Section 704, whichever comes

first. Notwithstanding any other provision, such a

temporary exclusion order shall not be construed

to prevent the person or persons excluded from

appearing at the hearing on the charges against

them pursuant to Section 704, or at any Tribal

Court hearings at which the excluded person or

persons are otherwise required to appear.

Sec. 703. Notices.

Written notice of exclusion charges, including

the complete text of the charges adopted by the

Tribal Executive Board, shall be served on the

person or persons against whom the charges are

made by personal delivery or by certified or registered mail, return receipt requested. Such notice

shall be accompanied by a copy of this ordinance

and shall advise the person or persons of the date

of the Tribal Court hearing on the charges. Such

notice shall be delivered not less than 10 days before the date of the hearing.

Sec. 704. Hearing on Charges.

(a) Not less than 10 days after service of notice

of charges pursuant to Section 703, the Tribal

Court shall hold a public hearing on the charges.

The charges must be proven by sworn testimony

of witnesses and reliable documentary evidence.

The person or persons charged shall be given the

opportunity to answer the charges by written or

oral presentation before the Court, and shall have

the right to cross-examine witnesses, to present

witnesses or evidence in defense against the

charges and to be represented by counsel at their

own expense.

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(b) After the hearing, the Court shall determine

whether the charges have been proven by a preponderance of the evidence. If it determines the

charges have been so proven, it shall adopt the

exclusion order and set a date when the exclusion

order shall take effect. If the Court determines the

charges have not been so proven, it shall not

adopt the exclusion order, and the charges shall

be dropped. In either case, the decision of the

Court shall be reviewable only in the manner provided for appeal of a final decision in a civil action by the Tribal Court of Appeals.

Sec. 705. Content of Exclusion Order.

Every exclusion order proposed as part of

charges pursuant to Section 702, or adopted pursuant to Section 704(b) shall:

(a) Specifically identify by name, and such

other information necessary to avoid any ambiguity, the person or persons to be excluded from the

Reservation.

(b) Include, either directly or by reference to

the charges, a description of the specific conduct

for which exclusion is ordered.

Court hearing on the charges.

(d) State that the excluded person may be allowed or required to appear in Tribal Court in any

proceedings within the jurisdiction of Tribal

Court, notwithstanding the exclusion order.

Sec. 706. Revocation of Exclusion Orders.

(a) A person excluded from the Reservation

may, at any time at least six months following entry of an exclusion order, petition the Court to revoke the exclusion order. The petition shall be

made in writing and shall set forth in detail the

grounds upon which revocation is sought.

(b) Except as provided in subsection (c), the

Court shall afford a person petitioning for revocation of an exclusion order a hearing in the manner provided in Section 704. Notwithstanding the

outstanding exclusion order, the petitioner may

enter the Reservation to appear at the hearing, under procedures set forth in Section 707. At the

hearing the burden shall be on the petitioner to

show that revocation is appropriate, but revocation shall be ordered by the Court only if it determines that the petitioner no longer poses a substantial threat to the life, the physical health or the

safety of an Indian or Indians residing on the Reservation.

for revocation filed within six months of the effective date of the exclusion order or within one

year of a hearing on a previous petition for revocation filed by the same person.

Sec. 707. Procedures for entering Reservation

for exclusion, revocation or Tribal Court

hearing.

Any person excluded from the Reservation under this ordinance, who is entitled under this ordinance to appear at a Tribal Court hearing on exclusion or revocation, or is required to appear in

Tribal Court in any proceeding, may enter the

Reservation only in compliance with this section.

The person excluded must provide the Tribal

Chairman with seven (7) days’ notice, in writing,

of the date, time and purpose for seeking entry to

the Reservation. Upon receipt of such a notice,

the Chairman shall determine if the request by the

excluded person complies with this ordinance. If

not, the Chairman shall inform the excluded person that his request to enter the Reservation has

been denied. If the request is in compliance with

this ordinance, the Chairman shall notify the excluded person that he may enter the Reservation,

but only for the purpose of attending the specified

Tribal Court hearing. In such event, the Chairman

shall arrange for a tribal police escort of the excluded person from the boundary of the Reservation to the designated hearing, and, immediately

after the designated hearing, to the Reservation

boundary. For purposes of this section, the term

“Chairman” shall mean the Tribal Chairman or

his designee.

(CHAPTER ADOPTED AS PER RESOLUTION NO. 1290-2003-1, DATED 01/27/03.)

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Fort Peck Tribal Court

807 Court Avenue - P.O. Box 1027

Poplar, MT 59255

Title 4 – Enrollment

Table of Contents

Chapter 1. Enrollment Ordinance No. 1 ....................................................................................................... 1

Chapter 2. Enrollment Procedure .................................................................................................................. 2

Chapter 1. Enrollment Ordinance No. 1

NOTE: Pursuant to Article 3 of the Constitution and Bylaws of the Assiniboine and Sioux

Tribes of the Fort Peck Indian Reservation, this

Chapter was adopted and should be amended

only by a referendum vote of the Tribes.

Sections:

Sec. 101. Qualifications. ................................ 1

Sec. 102. Loss of membership. ...................... 1

Sec. 103. Rules of procedure. ........................ 1

Sec. 104. Appeals........................................... 2

Sec. 105. Definition. ...................................... 2

Sec. 101. Qualifications.

The following individuals automatically qualify for membership in the Assiniboine and Sioux

Tribes of the Fort Peck Reservation and shall be

enrolled if they comply with the rules of procedure prescribed for enrollment by the Tribal Executive Board:

(a) Basic rolls. Each living person of Assiniboine and/or Sioux blood whose name appears on

either the 1932 annuity payment roll or an allotment schedule prepared and approved pursuant to

the Acts of February 8, 1887 (24 Stat. 388), February 28, 1891 (26 Stat. 794), May 30, 1908 (35

Stat. 558), August 1, 1914 (38 Stat. 593), February 14, 1920 (41 Stat. 408), and March 3, 1927

(44 Stat. 1401), provided that he or she is not enrolled as a member of some other tribe.

(b) Descendants of persons on basic roll.

Each living person who is of one-fourth (1/4) or

more Assiniboine or Sioux blood born prior to the

effective date of this Constitution who is a lineal

descendant of a person whose name appears on

one or both of the documents specified in (a) of

this Section regardless of whether such annuitant

or allottee is living or deceased, provided that he

or she is not a member of some other tribe at the

time of application for enrollment and provided

further that he or she is a citizen of the United

States. Any such person may apply for enrollment

at any time.

(AMENDMENT NO. 1 AS PER REFERENDUM VOTE OF 05/07/88.)

membership by the General Council prior to the

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effective date of this constitution whose adoption

was approved by the Secretary of the Interior, or

his/her authorized representative, provided such

adoptee has not subsequently become enrolled as

a member of some other tribe.

(d) Future members. Each child of one-fourth

(1/4) or more Assiniboine and/or Sioux blood

born after the effective date of this ordinance to

any member of the Assiniboine and Sioux Tribes

provided that the child is not a member of some

other tribe at the time of application for enrollment and provided further, that the child is a citizen of the United States at the time of the child's

birth.

(AMENDMENT NO. 2 AS PER REFERENDUM VOTE OF 05/07/88.)

(e) Associate members. Each child of oneeighth (1/8) or more but less than one-quarter

(1/4), Assiniboine and/or Sioux blood born to any

member of the Assiniboine and Sioux Tribes,

provided the child is a citizen of the United States

at the time of the child's birth. Associate members

shall not be eligible to vote in Tribal elections or

to share in any distribution of tribal funds or property, but shall otherwise be eligible for benefits as

Indians as provided by Law.

(AMENDMENT NO. 4 AS PER REFERENDUM VOTE OF 05/07/88.)

Sec. 102. Loss of membership.

In no case shall a member lose his/her membership other than by personal request in writing to

the Tribal Executive Board or establishing residence in a foreign country.

Sec. 103. Rules of procedure.

The Tribal Executive Board shall have the authority to appoint an Enrollment Committee of

seven (7) tribal members and to prescribe rules to

be followed by the Committee and by the tribal

members in compiling a membership roll in accordance with the provisions of this article. The

completed roll to be approved by the Tribal Executive Board, and in a case of distribution of

tribal assets the roll shall be submitted to the Secretary of the Interior for final approval by him/her

or by his/her authorized representative prior to

such distribution.

Sec. 104. Appeals.

Any person who has been rejected for enrollment as a member of the Assiniboine and Sioux

Tribes shall have the right to appeal within sixty

(60) days from the date of receipt of written notice of rejection to the Secretary of the Interior

from the decision of the Tribal Executive Board,

and the decision of the Secretary of the Interior

shall be final.

Sec. 105. Definition.

The terms "Assiniboine or Sioux blood" or

"Assiniboine and/or Sioux blood" as used in this

Ordinance, means the blood of the Assiniboine or

the Sioux Tribes of the Fort Peck Reservation,

Montana, or the blood of any other federally recognized Assiniboine or Sioux Tribes, or any combination of Assiniboine and Sioux blood. The

burden shall be on the applicant for enrollment to

establish the requisite degree of blood by evidence satisfactory to the Executive Board.

(AMENDMENT NO. 3 AS PER REFERENDUM VOTE OF 05/07/88.)

Chapter 2. Enrollment Procedure

Sections:

Sec. 201. Definitions. ..................................... 2

Sec. 202. Who is eligible for enrollment. ...... 2

Sec. 203. Who must file applications for

enrollment. ..................................................... 3

Sec. 204. Where application forms may be

obtained. ......................................................... 3

Sec. 205 Where applications must be filed. ... 4

Sec. 206. When applications must be filed. ... 4

Sec. 207. Review of Groups 1, 2, 3, 4 and 5

applications. ................................................... 4

Sec. 208. Review of Group 4 applications. .... 4

Sec. 209. Applicant's right of appeal.............. 5

Sec. 210. Preparation of proposed roll. .......... 5

Sec. 211. Notice and posting of proposed roll.

....................................................................... 5

Sec. 212. Who may file protests to the

proposed roll. ................................................. 5

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Sec. 213. How, where and when protests must

be filed. .......................................................... 5

Sec. 214. Preparation and approval of roll..... 6

Sec. 215. Finality of the roll. ......................... 6

Sec. 216. Publicity. ........................................ 6

Sec. 217. Removal from roll; false statements.

....................................................................... 6

Sec. 217-A. Relinquishment of Enrollment Tribal Membership. ....................................... 7

Sec. 217-B. Re-enrollment of Prior Tribal

Members. ....................................................... 7

Sec. 218. Roll to be kept under security. ....... 7

Sec. 219. Directions to Enrollment

Committee. .................................................... 8

Sec. 220. Cost of preparation of the roll. ....... 8

Sec. 201. Definitions.

(a) "Applicant" means the applicant for enrollment.

(b) “Enrollment Ordinance” is the ordinance

adopted by referendum and effective as of October 1, 1960, and codified as Chapter 1 of this Title.

schedules” embraces the documents identified in

Section 101(a) of the enrollment ordinance.

(d) "Secretary" means the Secretary of the Interior.

(e) "Superintendent" means the Superintendent

of the Fort Peck Indian Agency or the person authorized to act in that office.

Sec. 202. Who is eligible for enrollment.

Persons eligible for enrollment fall into five (5)

groups. The first three (3) groups are made up of

persons born or adopted into the Tribes on or before October 1, 1960. The fourth (4th) group is

made up of persons born after October 1, 1960.

The fifth (5th) group is made up of persons born

prior to and after October 1, 1960. The following

are eligible for enrollment:

Group 1. Living annuitants and allottees.

Any person of Assiniboine and/or Sioux blood

living on October 1, 1960, whose name is listed

on the Section 101(a) annuity roll or allotment

schedules, who was not a member of some other

tribe on or since October 1, 1960;

Group 2. Living lineal descendants of annuitants and allottees. Any lineal descendant living

on October 1, 1960, of any ancestor whose name

is listed on the Section 101(a) annuity roll or allotment schedules, regardless of whether such ancestor is living or dead (the applicant must be of

one-fourth (1/4) or more Assiniboine or Sioux

blood, must be born on or before October 1, 1960,

must not be enrolled as a member of any other

tribe on or since October 1, 1960, and must be a

citizen of the United States). Any such person

may apply for enrollment at anytime.

(AMENDMENT NO. 1 AS PER REFERENDUM VOTE OF 05/07/88.)

Group 3. Adoptees. Any person living on October 1, 1960, adopted into the Tribes by the General Council of the Tribes prior to October 1,

1960, with the approval of the Secretary, who did

not become enrolled as a member of some other

tribe subsequent to his/her adoption;

Group 4. Persons born after October 1, 1960.

Any persons born after October 1, 1960 to a

member under Groups 1, 2, or 3. The applicant

must possess one-fourth (1/4) or more Assiniboine and/or Sioux blood and must be a citizen of

the United States at the time of birth. Applicants

of illegitimate birth shall be eligible but in determining their degree of Assiniboine and/or Sioux

blood, only the blood of the mother shall count,

and the applicant shall take one-half (½) the

mother’s Assiniboine and/or Sioux blood; however, if the applicant is accompanied by an order

of the Fort Peck Tribal Court; or an order of another jurisdiction recognized by the Fort Peck

Tribal Court, establishing paternity, then the applicant’s degree of blood shall include one-half of

the Assiniboine and/or Sioux blood of the father.

(AMENDED AS PER RESOLUTION #26644-2012-04; DATED 4/10/2012)

Group 5. Associate members. Each child of

one-eighth (1/8) or more but less than one-quarter

(1/4) Assiniboine and/or Sioux blood born to any

member of the Assiniboine and Sioux Tribes,

provided the child is a citizen of the United States

at the time of the child's birth. Associate members

shall not be eligible to vote in Tribal Elections or

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to share in any distribution of tribal funds or property, but shall otherwise be eligible for benefits as

Indians as provided by law.

Burden of Proof. The burden of proving eligibility for enrollment shall be upon the applicant.

The basic membership roll of the Assiniboine and

Sioux Tribes, as set out in Section 101 of this Title, shall be the authoritative document used to

determine blood quantum of all applicants.

(AMENDMENT NO. 4 AS PER REFERENDUM VOTE OF 05/07/88, AND AMENDED

AS PER RESOLUTION NO. 3151-89-10,

DATED 10/24/89.)

Sec. 203. Who must file applications for enrollment.

All persons in Groups 1, 2, 3, 4 and 5 interested

in seeking membership in the Tribes must apply

for enrollment under the provisions of this Chapter. Except as specified herein, persons who do

not file applications will not be enrolled. Applications for persons in Groups 1, 2, 3, 4 and 5 who

are minors, or under any other legal disability, or

members of the Armed Forces stationed outside

of the continental United States, and applications

for persons in Groups 1, 2 or 3 who died after October 1, 1960, may be filed and prosecuted by a

parent, recognized guardian, next of kin, spouse,

or other person responsible for the applicant's

care, or by the Superintendent, except that the Superintendent may not file for any Group 4 or 5

applicant.

Applications will be necessary for deceased

persons in Groups 1, 2 and 3 who died after October 1, 1960, only in instances where a Group 4

and 5 application must establish that a parent was

a member of the Tribes.

(AMENDED AS PER RESOLUTION NO.

3151-89-10, DATED 10/24/89.)

Sec. 204. Where application forms may be obtained.

Application forms may be obtained upon request from the Fort Peck Tribal Office, Poplar,

Montana, or the Fort Peck Indian Agency, Poplar,

Montana. The request shall state the name of the

applicant for whom the application is sought and

a record shall be maintained of the prospective

applicants for whom application forms are obtained and the dates furnished. The Enrollment

Committee shall mail an appropriate application

form to each living person or Assiniboine and/or

Sioux blood whose name is listed on Section 1(a)

annuity roll or allotment schedules (Group 1 applicants) and shall lend all assistance possible in

obtaining the completion and filing of such applications. Publicity shall be given to the availability

of application forms pursuant to Section 216 of

this Chapter.

Form 1 is for Group 1 applicants.

Form 2 is for Group 2 applicants.

Form 3 is for Group 3 applicants.

Form 4 is for Group 4 applicants.

Form 5 is for Group 5 applicants.

(AMENDED AS PER RESOLUTION NO.

3151-89-10, DATED 10/24/89.)

Sec. 205 Where applications must be filed.

All applications must be filed in the Tribal Office, Poplar, Montana. A receipt or written acknowledgment shall be furnished for each application filed.

Sec. 206. When applications must be filed.

Groups 1 and 3. Except as specified herein, applicants under Groups 1 and 3 must file their applications by May 7, 1962 except that any person

in Groups 1 and 3 who, during the period allowed

for filing applications, is a member of the Armed

Forces of the United States may file his or her application for membership and that of the applicant's spouse and children any time within one

hundred twenty (120) days after the date of discharge from the Armed Forces. Applications filed

after May 7, 1962 shall be rejected, except that

the Tribal Executive Board shall add to the rolls

the name of any person qualified under Section

101(a) of the enrollment ordinance regardless of

whether an application was ever filed.

Group 2. Applicants under Group 2 (persons before October 1, 1960) may file at any time.

Group 4. Applicants under Group 4 (persons born

after October 1, 1960) may file at any time.

Title 4

Group 5. Applicants under Group 5 (persons born

before and after October 1, 1960) may file at any

time.

(AMENDED AS PER RESOLUTION NO.

3151-89-10, DATED 10/24/89.)

Sec. 207. Review of Groups 1, 2, 3, 4 and 5 applications.

The Enrollment Committee shall review all

Group 1, 2, 3, 4 and 5 applications and shall submit to the Tribal Executive Board at a regular

meeting its recommendation for or against enrollment of each applicant, exercising care to follow

the requirements of the enrollment ordinance and

this procedure and not to discriminate for or

against any applicant. If the Tribal Executive

Board determines that an applicant is qualified,

his/her name shall be listed for entry on a proposed roll and the applicant shall be so notified

by mail. If the Tribal Executive Board rejects an

applicant for enrollment, the applicant shall be

notified of the decision, by certified mail, return

receipt requested, together with a statement of the

reasons for the rejection and shall be advised of

his/her right to appeal to the Secretary and the

procedure for taking such an appeal. Any person

in Group 2 where application was timely filed but

who was rejected on the grounds that the Group

1 ancestor through whom eligibility was claimed

had not filed an application to be enrolled shall be

reviewed by the Tribal Executive Board and if the

applicant meets the requirements his/her name

shall be entered on the roll and the Tribal Secretary shall notify the applicant of the action. The

Tribal Enrollment Committee shall present all

group applications separately, by group number,

to the Tribal Executive Board for consideration.

(AMENDED AS PER RESOLUTION NO.

3151-89-10, DATED 10/24/89.)

Sec. 208. Review of Group 4 applications.

(THIS SECTION HAS BEEN REPEALED

AS PER RESOLUTION NO. 3148-89-10,

DATED 10/24/89.)

Sec. 209. Applicant's right of appeal.

An applicant aggrieved by the decision of the

Tribal Executive Board shall have a right of appeal to the Secretary. The appeal must be in writing and filed with the Superintendent within sixty

(60) days from the date of receipt of the notice of

rejection of the application. The Superintendent

shall serve a copy of the appeal on the Tribal Secretary at the time of filing. The Superintendent

shall present to the Tribal Executive Board any

evidence reflected in the Agency records bearing

on the eligibility of the applicant. If upon review

of the evidence the Tribal Executive Board is satisfied that the right to enrollment has been established the applicant's name shall be entered on the

roll. The Tribal Secretary shall notify the applicant of the decision. If the Tribal Executive Board

is not so satisfied, the Secretary shall act on the

appeal. The applicant may submit with his/her appeal supporting evidence not previously furnished. The decision of the Secretary on the appeal shall be final and conclusive.

(Sections 210-215 pertain only to Tribal Executive Board activities with regard to the original tribal membership roll processes which

took place circa 1960-1962. Nothing in Section

210- 215 shall be construed to effect a mandate

on the Tribal Executive Board to prepare

and/or post any new proposed tribal membership roll. INSERTED AS PER RESOLUTION

NO. 3152- 89-10, DATED 10/.24/89.)

Sec. 210. Preparation of proposed roll.

After the time for filing applications for Groups

1, 2 and 3 has expired and the Tribal Executive

Board has completed action on all applications

filed, a proposed roll shall be prepared listing the

name of each person in Groups 1, 2 and 3 determined to be qualified as a member. Opposite each

name shall be shown

(a) The new roll number,

(b) Allotment or annuity roll number,

(d) Sex,

(e) Date of birth,

(f) Degree of Indian blood and

Title 4

(g) A column headed "Remarks" under which

shall be shown the name, relationship, the Section

1(a) annuity roll or allotment schedule number of

the ancestor from whom the enrollee derives

his/her enrollment and related information.

Sec. 211. Notice and posting of proposed roll.

The proposed roll shall be posted for examination for not less than forty-five (45) days at each

of the prominent public places listed below and

such other places as the Tribal Executive Board

deems appropriate:

1. Tribal Office, Poplar

2. Agency, Poplar

3. Poplar Post Office

4. Wolf Point Post Office

5. Brockton Post Office

6. Oswego Post Office

7. Frazer Post Office

8. Culbertson Post Office

9. Froid Post Office

10. Nashua Post Office

11. Fort Kipp Community Hall

12. Glasgow Post Office

The Tribal Executive Board shall certify the

date on which the proposed roll is posted and this

date shall be conclusive for purposes of filing

protests under this procedure. Publicity shall be

given to the posting of the proposed roll pursuant

to Section 216 of this Chapter.

Sec. 212. Who may file protests to the proposed roll.

Any person claiming the right to enrollment, or

the Superintendent, may protest the inclusion of a

name on the proposed roll or the omission of a

name from the proposed roll, by filing a protest

within sixty (60) days after the proposed roll is

posted.

Sec. 213. How, where and when protests must

be filed.

All protests must be in writing and filed with

the Superintendent within sixty (60) days after

the proposed roll is posted. Each protest must be

in writing and supported by documentary evidence. The Superintendent shall serve notice of

the protest on the protestee by certified mail, return receipt requested, and at the same time shall

notify the protestee that his/her answer to the protest, including any evidence to support his/her position, must be filed with the Superintendent

within thirty (30) days from the date of the Superintendent's service on the protestee.

The protests, answers and all related materials

shall be submitted to the Tribal Executive Board

and if based on the information submitted by the

Superintendent the individual meets the qualifications for enrollment specified in the enrollment

ordinance, his or her name shall be entered on the

roll. If for any reason the Tribal Executive Board

determines that the individual does not meet the

requirements of the enrollment ordinance, it shall

pass a resolution to that effect and submit it to the

Superintendent who shall transmit it together

with all related material through proper channels

to the Secretary and his/her decision shall be final

and conclusive. In the event the Tribal Executive

Board fails to act on any protests, the Superintendent shall forward the case through proper channels to the Secretary and his/her decision shall be

final and conclusive. The Tribal Executive Board

and all persons affected shall be advised of the

Secretary's decision.

Sec. 214. Preparation and approval of roll.

Upon expiration of the period during which

protests may be filed, the Tribal Executive Board

shall cause to be prepared multiple copies of a roll

composed of the names of those persons in

Groups 1, 2 and 3 determined by the Tribal Executive Board to be eligible for membership and

against whom no protests have been filed. Three

(3) copies of this roll duly certified by resolution

of the Tribal Executive Board shall be submitted

to the Secretary for approval. As appeals and protests are determined by the Tribal Executive

Board or by the Secretary, the names of additional

members shall be added to the roll. Any person

who did not file an application and who is enrolled under these procedures but who does not

desire that his/her name be entered on the roll

may at any time have his/her name removed by

Title 4

filing a request in writing with the Tribal Executive Board that his/her name be removed from the

roll.

Sec. 215. Finality of the roll.

The roll approved by the Secretary shall be

closed as to persons in Groups 1, 2 and 3 and after

approval of the roll no further names of persons

in Group 1, 2 and 3 shall be added, except the following:

(a) The name of any person required to be

added by any decision of the Tribal Executive

Board or by the Secretary in an appeal or protest

taken under this procedure;

(b) The name of any person qualified under

Section 101(a), (b) or (c) of the enrollment ordinance where the application was timely filed but

the name was omitted from the roll by inadvertence, mistake or neglect or in the case of a person

qualified under Section 101(a) because the application was not timely filed; such names shall be

added upon action of the Tribal Executive Board

with the approval of the Secretary;

Forces of the United States and such person's

spouse and children qualified under Section

101(a), (b) or (c) of the enrollment ordinance and

files his or her application for membership within

one hundred twenty (120) days after the date of

discharge from the Armed Forces.

Sec. 216. Publicity.

Publicity shall be given to the enrollment program. Particular emphasis shall be placed on the

availability of application forms, the time within

which such forms must be filed.

(AMENDED AS PER RESOLUTION NO.

3149-89-10, DATED 1-0/24/89.)

Sec. 217. Removal from roll; false statements.

Any enrollment granted in reliance on information which is false shall be void and of no force

and effect. The Tribal Executive Board shall give

a challenged enrollee ten (10) days’ notice by certified mail, return receipt requested, to show

cause why his/her name should not be removed

from the roll, stating in the notice the reason for

removal. The last known address of the enrollee,

and where applicable, the person who represented

the enrollee in filing the application for enrollment shall be conclusive for purposes of service.

Following the expiration of the time for responding to the notice to show cause the Tribal Executive Board shall act. The enrollee shall be advised

of the Tribal Executive Board's decision. If it is

adverse, the enrollee shall have a right of appeal

to the Secretary by filing a notice of appeal with

the Superintendent a copy with the Tribal Secretary within thirty (30) days after receiving notice

of the Tribal Executive Board's adverse action.

The Secretary's decision on appeal shall be final.

Each application form shall contain a certification

by the applicant, or the one authorized to act on

behalf of the applicant, that the information given

in the application is true and correct and that if

any material statement is false, any enrollment

granted pursuant to the application shall be void

and of no force and effect and that the name shall

be removed from the roll by action of the Tribal

Executive Board subject to the enrollee's right of

appeal to the Secretary. This Section provides additional reasons for loss of membership in conjunction with those reasons set forth in Section

102 of this Title.

(AMENDED AS PER RESOLUTION

NO.3150-89-10, DATED 10/24/89.)

Sec. 217-A. Relinquishment of Enrollment Tribal Membership.

(a) In no case, shall any person be allowed to

relinquish the enrollment or tribal membership of

any minor Indian.

(b) Any adult member of the Assiniboine

and/or Sioux Tribes may apply for relinquishment of their respective tribal enrollment, at any

time. Relinquishment of an adult’s tribal membership for the purpose of becoming enrolled in

another Indian Tribes is allowed only if another

Indian Tribes declares, in writing, that such adult

Indian is eligible for enrollment in such Tribe.

This is called a “conditional relinquishment”.

Forms for “conditional relinquishment” shall be

available at the Fort Peck Tribal Enrollment Office.

Title 4

(AMENDED AS PER RESOLUTION NO.

149-89-12, DATED 12/11/89.)

Sec. 217-B. Re-enrollment of Prior Tribal

Members.

(a) Any person, whose prior enrollment on the

Assiniboine and/or Sioux Tribes of the Fort. Peck

Reservation was relinquished when said person

was a minor, by a parent or other adult person,

may apply for re-enrollment in the Tribes. If such

applicant meets the qualifications for enrollment

set forth in this Title, then said applicant shall be

re-enrolled with all rights and privileges attaching

to such enrollment. Nothing in this Section shall

be construed so as to allow any such re-enrolled

person to receive any prior rights or monetary

payments made prior to such re-enrollment.

(b) Any person, who had by their own volition,

previously relinquished their tribal enrollment as

an adult, shall not be eligible for re-enrollment

into the Fort Peck Assiniboine and/or Sioux

Tribes, unless such individual can show that their

relinquishment was for the purpose of enrolling

in another tribe and was subsequently rejected,

where no conditional relinquishment was operative in this Title.

(AMENDED AS PER RESOLUTION NO.

151-89-12, DATED 12/11/89.)

Sec. 218. Roll to be kept under security.

The roll approved by the Secretary shall be

stamped "ORIGINAL" on each page of the roll.

It shall be the official tribal roll. It shall be kept

under security in a safety deposit box in a local

bank. The box shall be in the names of the Tribes.

The box shall be opened and changes made in the

roll only in the presence of the Chairman of the

Tribal Executive Board, the Chairman of the Enrollment Committee and the Superintendent or

person delegated to act for the Superintendent.

No changes or alterations shall be made in the roll

without a resolution of the Tribal Executive

Board approved by the Secretary and a duplicate

original of the resolution shall be placed in security with the roll. Duplicates of the original roll

shall be maintained at the Tribal Office. Copies

of the roll shall be furnished to the Agency. All

authorized changes shall be shown on the duplicate roll maintained at the Tribal Office. From

time to time, but at least twice a year, the original

roll shall be brought up to date.

Sec. 219. Directions to Enrollment Committee.

The Enrollment Committee is directed to exercise the greatest care in its work to insure that the

objectives of the enrollment ordinance are carried

out in accordance with the requirements of this

procedure. The Enrollment Committee is specifically directed to open a separate jacket for each

application filed and to maintain a filing system

which will permit efficient handling of applications.

Sec. 220. Cost of preparation of the roll.

All tribal costs incurred in the preparation of

the tribal roll shall be paid by appropriate withdrawals from tribal funds. The necessary expenditures are hereby authorized by the Tribal Executive Board subject to the preparations and submission of budgets for the review and action by

the Tribal Executive Board.

Title 4

Fort Peck Tribal Court

807 Court Avenue - P.O. Box 1027

Poplar, MT 59255

Title 5 - Elections

Table Of Contents

Chapter 1. Election Procedures ..................................................................................................................... 1

Chapter 2. Eligibility for and Filing for Tribal Office ................................................................................ 11

Chapter 3. Removal of Members of the Tribal Executive Board............................................................... 14

Chapter 4. Eligibility for and Filing for the Office of Judge ..................................................................... 15

Title 5

Chapter 1. Election Procedures

Sections:

Sec. 101. Definitions. ..................................... 1

Sec. 102. Who is qualified to vote. ................ 1

Sec. 103. Registration of voters. .................... 1

Sec. 104. Absentee voters. ............................. 3

Sec. 105. Scheduling of elections. ................. 5

Sec. 106. Election officials. ........................... 5

Sec. 107. Duties and powers of the Election

Commission. .................................................. 6

Sec. 108. Duties of Election Supervisor. ....... 6

Sec. 109. Duties of district election judges. ... 7

Sec. 110. Polling places; procedure at the

polls. ............................................................... 8

Sec. 111. Delivery of ballots; tabulating the

votes. .............................................................. 8

Sec. 112. Partial invalidity shall not invalidate

the entire ballot. ........................................... 10

Sec. 113. Recounts. ...................................... 10

Sec. 114. Intent, purpose and construction of

this Chapter. ................................................. 11

Sec. 101. Definitions.

For the purposes of this Chapter, the terms

listed below shall mean:

(a) District. One of the districts of the

Reservation designated in the Tribal Constitution,

which also serve as election districts;

(b) Elector. A member of the Tribes qualified

to vote;

pursuant to Section 106(b) of this Chapter;

(d) Secretary. The Secretary Accountant of

the Tribe;

(e) Supervisor. The Election Supervisor

appointed pursuant to Section 106(a) of this

Chapter;

(f) Election Commission. The Election

Commission appointed pursuant to Section

106(a) of this Chapter.

(g) Central Tabulation Area. The area

designated by the Executive Board for the

location of the automatic scanning machines used

to tabulate votes.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

Title 5

Sec. 102. Who is qualified to vote.

(a) Resident voters. Any member of the Tribes,

as determined by Article 3 of the Constitution,

who

(1) Is eighteen (18) years of age or over,

(2) Resides on the Reservation,

(3) Is duly registered to vote, and

(4) Did not fail to vote in any general election

subsequent to his/her last registration, is eligible

to vote in the district in which he/she has last

resided for a full sixty (60) days immediately

preceding the election. Registration for voting at

a State or County election shall be conclusive as

establishing the residence of a voter.

(b) Non-resident voters. Any member of the

Tribes, as determined by Article 3 of the

Constitution, who

(1) Is eighteen (18) years of age or over,

(2) Does not reside on the Reservation,

(3) Is duly registered to vote in the last

district of former affiliation at least thirty (30)

days prior to the date of election, is eligible to

vote by absentee ballot in the last district of

his/her former affiliation.

(AMENDED PER RESOLUTION NO. 16991-12, DATED 12/09/91.)

Sec. 103. Registration of voters.

(a) Secretary ex officio registrar of voters. The

Secretary, or such other person as the Executive

Board may designate, shall be ex officio registrar

of voters and shall have custody and

responsibility for all registration books, records

and materials. The registrar may appoint not more

than one (1) assistant registrar to register voters.

(b) Registration records. The official register

shall be contained in a card index and a book

designated as "Register of Electors" arranged

alphabetically by districts and designed to record

all requisite information.

the Tribes, otherwise qualified to vote, may

Secretary or any member of the Tribal Executive

Board, and a non-resident before a notary, at least

15 days before a general or special election in

which the registrant seeks to vote, and completing

and signing the registration card set out as Form

1 of this Title or a form containing the same

information. The registrant shall be furnished a

receipt

evidencing

his/her

registration.

Registration before a member of the Tribal

Executive Board shall not be effective unless the

registration card is filed with the Secretary before

the close of registration.

(AMENDED AS PER RESOLUTION NOS.

169-91-12, DATED 12/09/1991; 26-1541-201210, DATED 10/22/2012.)

(d) How to transfer registration. The

registration and voting district of any voter who

changes his/her residence from one district to

another, shall be correspondingly transferred by

the Secretary upon written request by the voter

made at least 15 days before the next election.

(e) Cancellation of registration. Immediately

after every general election the Secretary shall

compare the list of electors who voted, as shown

by the official poll books, with the list of

registered voters and shall remove from the

to the Secretary to be deceased, either on the

Secretary’s own knowledge, or on the basis of

satisfactory information or other proof of death.

The Secretary shall mark the registry cards of

such deceased persons "Canceled" and shall place

the cards in a separate file drawer marked

"Canceled Deceased Registrants' File".

(AMENDED PER RESOLUTION NO. 16991-12, DATED 12/09/91.)

(f) Close of registration. Registration shall

close 15 days prior to a general election and 15

days prior to a special election, and shall reopen

on the day following election.

(AMENDED PER RESOLUTION NO. 242091-7, DATED 07/22/91.)

(g) Preparation and posting list of registered

voters. Upon the close of registration, the

Secretary shall prepare for each District a list

signed and dated by the Secretary of all registered

voters entitled to vote in that District as shown by

the official registration records. In any district

where there is more than one polling place (see

Section 110 of this Title), the Secretary shall

divide the voter registration list for that district

into portions so that each polling place is assigned

approximately an equal number of voters. At least

15 days prior to a general election, and at least 5

days prior to a special election, the Secretary shall

post such lists for each district in a conspicuous

place in each district, and on the list shall

designate the location of the polling place.

(AMENDED AS PER RESOLUTION NO.

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2995-85- 10, DATED 10/03/85.)

(h) Preparation of poll books. After the close of

registration, the Secretary shall prepare and

furnish for each District poll books in the

following form:

POLL BOOK OF _____ DISTRICT NO. ____

Ballots by Number and Name of

Elector Voting Same

Ballot Name of Ballot Name of

No. Voter No. Voter

************

Return of Certification of

Election Judges and Clerk

DISTRICT NO. ________

No. unmarked ballots received __________

No. ballots spoiled __________

No. ballots rejected __________

No. ballots unused and returned __________

Account for any discrepancy: __________

Total No. votes cast at

District No._______ __________

We, the undersigned, Judges and Clerks of an election held at District _______ of the Fort Peck Indian

Reservation on the _______ day of ____________, _______ having first been severally sworn according

to law, hereby certify that the foregoing is a true and correct statement of the number and names of

persons voting at said district at said election; that the foregoing figures showing the number of ballots

received, cast, spoiled, rejected and returned are true and correct and that the number of votes cast for

each of the candidates by office and for each question presented on the ballot is as follows:

(List of names of candidates by offices and questions on the ballot and number of votes counted for each.)

________________

_______________

Clerk

_______________

Election Judges

Sec. 104. Absentee voters.

(a) Who may vote by absentee ballot. Any nonresident

elector duly qualified to vote under Section

102 of this Chapter may vote by absentee ballot.

Any resident elector duly qualified to vote under

Section 102 of this Chapter, upon making

written proof satisfactory to the Supervisor that

he/she expects to be absent from the Reservation

on the day of election, or who is physically incapacitated

so as to be unable to go to the polls or

who is a member of the Armed Forces of the

United States stationed away from the Reservation,

may vote by absentee ballot.

(b) How to obtain an absentee ballot. An elector,

eligible to vote by absentee ballot, shall file

with the Secretary, at least 30 days before the

election, a completed and signed application for

an absentee ballot in the form set out as Form 2

of this Title, or a form containing the same information.

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(AMENDED AS PER RESOLUTION NO.

2420-91-7, DATED 07/22/91.)

ballot shall be sealed in an envelope marked on

the outside:

Absentee ballot within.

The absentee ballot so sealed in an envelope

shall be placed in an outer envelope marked

"OFFICIAL

BALLOT", together with a return envelope

pre- address to the Secretary and marked

"ABSENT VOTER'S BALLOT" on the front. On

the back of the return envelope there shall be set

forth the following:

State of _____________ ) ss (for nonresidents)

County of __________ )

I, ____________________ , do solemnly

swear that I am at least eighteen (18) years of

age, a member of the Assiniboine and Sioux

Tribes of the Fort Peck Indian Reservation, duly

registered and entitled to cast the enclosed ballot,

and a nonresident of the Reservation, and the is

the _____________ District of my last affiliation.

____________________

Voter's Signature

State of _____________ ) ss (for residents) County

of ____________)

I, __________________ , do solemnly swear that I

am at least eighteen (18) years of age, a member of

the Assiniboine and Sioux Tribes of the Fort Peck

Indian Reservation, duly registered and entitled to

cast the enclosed ballot, and a resident of

the Reservation, _____________ District, duly

qualified to vote by absentee ballot.

____________________

Voter's Signature

Subscribed and sworn to before me this ____ day

of ____________, 19____.

____________________

Secretary,

Tribal Notary Public

Executive Board

My commission expires:

Received by: _____________

Date: Time:

Absentee ballots shall be mailed priority mail,

or given to the applicant in person and to no one

else. When an absentee ballot is delivered in person

the Secretary shall obtain a receipt from the

person to whom it is delivered. No absentee ballots

shall be mailed on or after the 5th day preceding

the election. A small absentee pencil,

conforming to the standard required to make a

mark readable by the automatic scanner, shall be

provided to each absentee voter along with the

ballot. (AMENDED AS PER RESOLUTION

NO. 2405-91-7, DATED 07/22/91.)

(d) How ballots are marked and returned. Upon

receipt of the absentee ballot, the voter shall open

the sealed envelope marked "Absentee Ballot

within" shall separate the stub from the ballot and

shall then and there mark and refold the ballot

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without assistance and without making known

the manner of marking same, and shall place the

ballot and the detached stub in the pre-addressed,

return envelope provided for the purpose, seal the

envelope and fill in and sign the affidavit printed

on the back of the envelope in the presence of a

notary or other person hereinabove provided. The

voter shall then mail the envelope registered or

certified mail, return receipt requested, to the

Secretary, or shall personally deliver the

envelope to the Secretary.When an envelope is

personally delivered, the

Secretary shall give the voter a receipt for it.

(e) Cut-off for delivery of absentee ballots to

Secretary. No absentee ballots shall be counted

unless received in hand by the Secretary of the

Executive Board before the official hour for

opening the polls on election day. The Secretary

shall check at the post office for absentee ballots

at approximately 7:00 a.m. on election day. The

Secretary shall be in his/her office at least one

(1) hour before the polls open on election day to

receive absentee ballots.

(f) Absentee voting by residents after ballots

are printed. Any resident elector who duly

qualifies

himself/herself under subsection (a) hereof to

vote by absentee ballot by reason of expected

absence

from the Reservation on election day, or

who is physically incapacitated so as to be unable

to go to the polls, and who is present in his/her

district after the official ballots have been

printed,

may vote before the Secretary in the same

manner

as provided in subsection (d) hereof up to but not

including the day of election.

(g) Record of absentee ballots. The Secretary

shall make and keep a record of ballots mailed or

delivered, to whom mailed or delivered, the date

of mailing or delivery, the address on the

envelope,

the date and time of return of the ballot and

from whom received. The Secretary shall

preserve

all receipts received in connection with

mailing or delivery of ballots.

(h) Delivery of absentee ballots to districts. The

Secretary shall deliver to the Supervisor all

absentee

voters’ ballots sealed and intact together

with the applications for such ballots as soon as

possible after the polls open on election day. The

Supervisor shall deliver the ballots sealed and

intact to the election judges of the respective

districts. The absentee ballots shall be held,

sealed and intact, until the polls close. After the

polls close and immediately before removal of

the ballot boxes to the central tabulation area,

the clerk of each election district, in public and

in the presence of all persons assembled, shall

note on the poll book the name of each elector

who voted by absentee ballot and shall open the

sealed envelope,

remove the stub and deposit it in the box

for detached stubs and remove the folded ballot

without disclosing its marking and deposit it in

the ballot box for counting with the other

ballots.

(AMENDED AS PER RESOLUTION NOS.

2405-91-7, DATED 07/22/91; 29-1713-201908, DATED 8/12/2019.)

Sec. 106. Election officials.

(a) Election Supervisor and Election

Commission. The Executive Board, at least 45

days before a general election and as early as

practicable but at least 30 days before a special

election, shall appoint an Election Supervisor,

and an Election Commission. The Commission

shall be made up of 2 members from any district

where the last registration showed 800 or more

voters, and one member from each district of the

Reservation to constitute the Election

Commission. The Supervisor shall be the head of

the Commission. Each of the other members of

the Commission shall serve as one of the election

judges of his/her respective district.

The

Executive Board shall designate one of these

Commission members as the alternate Election

Supervisor.

The alternate Supervisor shall

become the Supervisor if the original

Commissioner resigns or if the Executive Board

disqualifies the original Commissioner from

service, either under subsection 106(d) of this

Sec. 105. Scheduling of elections.

(a) Time of general elections. General elections

of the Board shall be held on the last Saturday in

October in every odd-numbered year. If such day

is a holiday, the election shall be held on the first

subsequent day that is not a holiday.

(b) Time of special elections. Special elections

shall be held on dates specified by the Executive

Board.

days before a general election the Executive

Board shall cause a proclamation of the election

and a notice that registration will close forty-five

(45) days prior to the election, to be printed in a

newspaper or newspapers of general circulation

on the Reservation. As early as practicable but not

less than fifty (50) days before a special election,

the Board shall cause a proclamation of the

special election and a notice that registration will

close twenty (20) days prior to the election to be

similarly printed.

(AMENDED AS PER RESOLUTION NO.

2420-91-7, DATED 07/22/91.)

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Section, or because the Supervisor fails to carry

out the duties of the office.

(AMENDED AS PER RESOLUTION NOS.

2995-85-10, DATED 10/03/85; 3290-87-9,

DATED 9/30/87; 2420-91-7, DATED 7/22/91.)

(b) Election judges. The Tribal Executive

Board, at least ten (10) days before a general

election, shall appoint ten (10) judges of election

for each district where the last registration

showed eight hundred (800) or more voters, five

(5) judges of election for each district where such

registration showed two hundred (200) or more

but less than eight hundred (800) voters and three

(3) judges of election for each district where such

registration showed less than two hundred (200)

voters. In each district where the last registration

showed eight hundred (800) or more voters, two

(2) of the judges shall be members of the

Commission, and in each other district one (1)

member of the Commission. If any person

appointed by the Executive Board does not accept

the appointment or fails to appear for duty, the

supervisor shall appoint a replacement. The

Executive Board, as early as practicable but at

least five (5) days before a special election or

runoff election, shall appoint judges for the

district or districts affected.

(AMENDED AS PER RESOLUTION NO.

2995-85- 10, DATED 10/03/85.)

election judge of each district shall designate one

of their members as Chief Judge and another

member as Clerk of Election for that district.

(d) Qualifications of election officials. The

Supervisor, all other members of the Commission

and election judges must be qualified voters and

none shall be a candidate for office in the election,

a member of the Executive Board, an employee

of the Tribes or of the United States, or the

spouse, brother, sister or parent of a candidate for

office. No person may serve as an election official

if they have been convicted of a felony in any

Tribal, Federal or State Court, unless such person

has received a full pardon from an appropriate

official authorized to grant such pardon by the

government in which they received the felony

conviction.

(AMENDED AS PER RESOLUTION

NO.2346-89-5, DATED 05/08/89.)

(e) Oath. All election officials, before entering

upon their duties, shall take the same oath as

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taken by a member of the Executive Board before

taking office.

(f) Compensation of election officials. The

compensation of election officials shall be fixed

by the Executive Board, provided that it shall not

exceed the rate of compensation of members of

the Executive Board.

(g) Duties of the Election Supervisor. The

Election Supervisor, or such other person as the

Executive Board may designate, shall be

responsible for the maintenance, preparation and

operation of the automatic scanning equipment

used to tabulate ballots pursuant to Section 111(e)

hereof. The Election Supervisor shall familiarize

himself or herself with all operating manuals,

manufacturer’s instructions and technical

requirements necessary for the operation of the

ballot scanner. The Election Supervisor shall also

be responsible for maintaining an inventory of

supplies necessary for the operation of the

scanner and shall further be responsible for

programming and preparing the automatic

scanner prior to each election.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

Sec. 107. Duties and powers of the Election

Commission.

(a) Testing eligibility of candidates. The

Commission shall test the eligibility of each

person seeking to become a candidate in

accordance with Section 204 of this Title, and

rule on challenges in accordance with Sections

205 and 206 of this Title.

(b) Board of canvassers. The Commission shall

constitute the board of canvassers as set forth in

Section 111(k).

Commission within the scope of its authority

shall be final.

Sec. 108. Duties of Election Supervisor.

(a) Publication of notice of election. The

Supervisor shall cause a notice of election to be

published for two (2) successive issues before

any general election and for one (1) issue in any

special election in a newspaper or newspapers of

general circulation on the Reservation. The notice

shall state the date and time of the election and

list the names of all candidates, the respective

offices, the questions on any referendum, and the

polling places.

(b) Preparation of ballots and election

materials. The Supervisor shall arrange for all

election supplies including the printing of all

ballots and for the printing or other reproduction

of poll list, tally lists, lists of electors and shall

arrange for the delivery of the same to the judges

before opening of the polls.

and a stub printed on the same leaf and divided

by a perforated line. The ballots shall be uniform

in size, white in color, of good quality paper. The

ballot shall be printed and produced in

conformance with specification for machinereadable ballots set by the manufacturer of the

automatic scanner equipment used to scan and

tabulate the ballots.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

(d) Form of ballot. The ballot shall set forth the

name of the office and list all candidates under

each office with the incumbents' names listed first

in order of filing and the names of all other

candidates listed in the order of their filing, with

ovals for the voter's mark. Questions on a

referendum shall be fairly and clearly stated with

ovals for the voter's mark "For" and "Against".

(e) Form of stub. The portion of the ballot

above the perforated line is the stub. On the face

of the stub shall be printed appropriate

instructions to the voter as to the manner of

designating his/her vote. On the back of the stub

shall be printed or stamped by the Secretary the

consecutive number of the ballot beginning with

number "1" for each district through the total

number required for each district.

(f) Delivery and receipt for ballots. The

Supervisor shall cause to be delivered to the

election judges of the respective districts the

printed blank ballots and the other election

materials including ballot boxes, each with a

lock, and fitted with one (1) opening, and no

more, of sufficient size to admit a single folded

ballot. The key to the lock shall be given to the

election judge who is the member of the

Commission. A duplicate key shall be retained by

the Supervisor. The election judges for each

district shall count all ballots delivered to them

and shall receipt for the ballots and all election

materials to the Supervisor or his/her authorized

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representative, and shall be responsible for an

account for all ballots until delivered as provided

in Section 111(h).

Sec. 109. Duties of district election judges.

(a) Voting booths. The election judges shall

provide sufficient private booths or other places

for the voters to mark their ballots in secrecy and

privacy. Instructions for marking ballots and for

handling spoiled ballots shall be posted in the

booths or voting places.

(b) Present at polls. The election judges shall be

presented at the district polling place on election

day an hour before the polls open and shall

remain until the polls close, and the ballot boxes

have been removed for delivery to the central

tabulation area pursuant to Section 111(a). At

least two of the judges shall accompany the ballot

boxes to the central tabulation area.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

Before receiving any ballots, the judges must, in

the presence of all persons assembled at the

polling place, open and exhibit the ballot box and

remove any contents thereof, and then close and

lock the same, delivering the key to the judge who

is the member of the Commission. Thereafter, the

ballot box must not be opened until after the polls

are finally closed as provided in Section 110(b),

nor must the ballot box be removed from the

polling place or from the presence of the public

until it is removed for delivery to the central

tabulation area as provided in

Section 111(a).

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

(d) General duties. The judges shall judge the

election, be responsible for the ballots, voting

records and materials for their respective district,

for supervising the automatic tabulation of the

ballots for their respective district, and for

certifying the votes. The judges for each district

shall be responsible for the security and integrity

of the ballots cast in their respective district

throughout the process of balloting and

tabulation.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

Sec. 110. Polling places; procedure at the polls.

(a) Polling places. Each district where the last

registration showed eight hundred (800) or more

voters shall maintain two (2) polling places,

which may be either in the same or different

locations. Other districts shall maintain one (1)

polling place. In districts with two (2) polling

places, five (5) judges shall be assigned to each

polling place, and the judges shall perform their

duties at the polling place to which they are

assigned.

(AMENDED AS PER RESOLUTION NO.

2995-85- 10, DATED 10/03/85.)

(b) Voting hours. The polls in each district shall

open at 8:00 a.m. of election day and shall remain

open until 8:00 p.m. of that day when they must

be closed, provided that when all registered

voters in any district have voted the polls shall be

closed.

elector must sign the district registration book

before such elector may vote. If the elector cannot

write his/her name, he/she shall sign by mark

before two (2) witnesses. The judges shall note by

marking "X" or some other appropriate mark in

the register book on the line opposite the name of

the elector to show that the elector voted and the

elector shall then be given a ballot.

(d) Voting and casting ballot. Upon receipt of a

ballot, the elector shall retire to one of the private

voting booths or other designated places and

there vote his/her ballot in secret. Only one (1)

person shall occupy a voting booth at one time,

except as provided in subsection (e). The elector

must mark and cast his/her ballot without leaving

the polling place. The elector shall mark the ballot

by using a pencil to fill completely the oval space

or spaces on the ballot as appropriate to reflect the

elector’s vote. After the ballot is so marked, the

elector shall tear off the stub, and shall place the

ballot in a secrecy sleeve so that the marked

portion of the ballot is completely concealed, and

shall deposit the ballot in the ballot box and

deposit the stub in the box for detached stubs.

(AMENDED AS PER RESOLUTION NO.

2405-91-7, DATED 07/22/91.)

(e) Disabled electors. Any electors who cannot

read the English language or, because of

blindness or other disability, cannot mark the

ballot, may, upon request, be assisted by two (2)

election judges in marking the ballot, but the

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judges shall neither by word, action or expression

influence or attempt to influence the elector.

(f) Spoiled ballots. Any elector who spoils a

ballot shall be entitled to a new ballot upon

surrender of the spoiled ballot to the election

judges. No elector shall receive more than one

additional ballot. A judge shall place the name of

the elector and the judge's initials on the back of

the spoiled ballot. All spoiled ballots shall be kept

in a separate envelope, securely sealed, marked

"SPOILED BALLOTS". All spoiled ballots shall

be accounted for separately on the tally sheets.

(g) Removing voting materials. No person shall

take or remove from the voting place any ballot,

ballot box, or other voting records or materials

furnished by the Secretary, the Commission or the

Supervisor, except as provided in Section 111(h).

(h) No electioneering. There shall be no

electioneering within the polling place or within

fifty (50) feet of the polling place.

(i) No loitering. There shall be no loitering in

the polling places during voting hours.

Sec. 111. Delivery of ballots; tabulating the

votes.

(a) Ballots to be delivered to central tabulation

area after polls close. After the polls close and

after the absentee ballots are deposited in the

ballot box as prescribed in Section 104(h) of this

Chapter, the judges shall take the ballot box, and

without unlocking or opening the ballot box, shall

deliver forthwith the ballot box to the central

tabulation area, along with the poll books, check

lists, detached stubs from voted ballots and the

unused ballots. At the time the polls close, the

Election Supervisor shall be present at the central

tabulation area and shall cause a written record to

be made of the districts and polling places that

have delivered ballot boxes to the central

tabulation area, and the time that each ballot box

was delivered.

b) Tabulation of ballots. When all ballot boxes

have been delivered to the central tabulation area,

the ballots shall be tabulated. The tabulation

process shall be open and in the presence of the

public and shall be continued without

adjournment until completed and the result

thereof publicly declared.

number of ballots. The judges shall unlock and

open the ballot box of each district or polling

place and remove the ballots unopened. It two or

more ballots are found so folded together so as to

present the appearance of a single ballot, they

shall be laid aside until the number of ballots is

determined. A judge shall count the number of

ballots in the ballot box of each district and

compare the number of ballots to the number of

names on the poll list for that district. If, on

comparison and further considering the

appearance of ballots which are laid aside as

noted above, a majority of the judges are of the

opinion that ballots thus folded together were

voted by one single elector, such ballots must be

rejected; otherwise they must be added to the

other ballots for tabulation. The ballots for each

district shall be kept together and apart from the

ballots for each other district.

(d) Where ballots are in excess of the names on

the poll lists. If the number of ballots cast in the

ballot box for any district are found to exceed the

number of names on the poll list, this fact shall be

noted in writing by the clerk. No ballots shall be

destroyed.

(e) Ascertaining the number of votes cast for

each candidate, office or issue. The number of

votes cast for each candidate, office or issue shall

be determined by automatic scanning of the

ballots. The scanning process shall be conducted

by the Secretary at the central tabulation area

under the supervision of the Election Supervisor.

After the ballots from each district have been

scanned, they should be removed from the

automatic scanner and held by the Supervisor.

(f) Ballots rejected by automatic scanner. The

automatic scanner shall be set to sort out any

blank ballots, over voted ballots or otherwise

damaged or defective ballots. Any such ballots

sorted out by the scanner shall be presented to the

judges who shall view such ballots. Any ballot

sorted by the scanner as damaged or defective

such that it cannot be automatically scanned shall

be manually tabulated as determined by a

majority of the judges and added to the automatic

tabulation. Any ballots sorted by the scanner as

blank shall be presented to the judges an

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