# Comprehensive Code of Justice

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Fort Peck Tribes
Comprehensive Code of Justice

© Fort Peck Tribal Court 2025 - All Rights Reserved
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.
(c) “Executive Board” and “Tribal Executive
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.

1

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
AS
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
1

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.
(c) Criminal jurisdiction over non-Indian
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,
or
(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.

2

(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
(c) To make any order appropriate to preserve the status quo or to protect any ultimate
judgment of the Court of Appeals.

3

(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.
(c) Unless the Court stays an order pursuant to
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.
(c) Notice of appeal. The notice of appeal shall
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
4

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.
(c) Designation of parties. The party taking the
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.

5

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.
(c) The Chief Justice and the associate justices
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.

6

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.

7

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.
(c) The Lawyer Judge shall ensure that every
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)
8

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.)

9

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.

10

(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.)
(c) Any person whose application to practice as
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.
11

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.
(c) Any person who is disbarred or suspended
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;
12

(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;

13

(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;
(c) Outstanding debts and liabilities;
(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

14

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.
(c) Service Delivery:
(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.
15

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.
(c) The Assiniboine and Sioux Tribal Flag
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.
(c) The Flag should never be fastened, displayed, used or stored in such a manner as will
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
1

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:
2

(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.
(c) All Reservation police officers shall retire at
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;
(c) To report and investigate all violations of
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.
(c) The hearing shall be before a panel of three
(3) persons, selected by the Executive Board.
None of the persons selected shall be employees
3

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.
(c) The Chief Jailer may from time to time designate reliable prisoners to assist in operation of
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.
(c) The prisoner shall then be placed in a cell
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.
4

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.
(c) Prisoners shall not receive or make phone
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
Title 3

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.

5

(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.
(c) Immediately notify the Chairman of the
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.
Title 3

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.
(c) Whether the circumstances surrounding
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.

6

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.
(c) Whenever the Fort Peck Tribal Executive
Board desires to consult with any government or

Title 3

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.

7

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.
(c) State the date, time and place of the Tribal
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
8

safety of an Indian or Indians residing on the Reservation.
(c) A hearing need not be afforded on a petition
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.)

Title 3

9

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.)
(c) Adoptees. Each person adopted into tribal
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

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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.
(c) “Section 1(a) annuity roll or allotment
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;

2

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
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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.

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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.)

4

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,
(c) Address,
(d) Sex,
(e) Date of birth,
(f) Degree of Indian blood and

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(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
5

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 b

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aassiniboine_sioux%3Adfd9dda5c574fdb4. Public record. Not legal advice.