CODE OF CIVIL PROCEDURE

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TITLE XIV

CODE OF CIVIL PROCEDURE

CHAPTER 1

GENERAL PROVISIONS

Section 14-1-1

Minors as Parties to Actions

Every person over fourteen (14) years of age and under the age of majority, when subject

to no disability other than being a minor, may sue or be sued. When plaintiff, he shall sue by a

next friend selected by him before suit is commenced. The next friend is liable for the cost

chargeable to the plaintiff. When the minor is sued, he shall appear by guardian nominated by

him and appointed by the court before further proceedings are had in the case, but judgment shall

be against the minor defendant only. In either case, if plaintiff or defendant neglects or refuses

to nominate a next friend or guardian, the court shall appoint a next friend or guardian, who shall

file his consent in writing with the court.

Comparative Negligence

Section 14-1-2

(1)

Contributory negligence shall not bar a recovery in an action by any person or his

legal representative to recover damages for negligence resulting in death or in injury to person or

property, if the contributory negligence was not as great as the negligence of the person against

whom recovery is sought. Any damages allowed shall be diminished in proportion to the

amount of negligence attributed to the person recovering.

(2)

The court may, and when requested by any party shall:

If a jury trial, direct the jury to find separate special verdicts;

If a trial before the court without jury, make special findings of fact,

determining the amount of damages and the percentage of negligence attributable to each

party. The court shall then reduce the amount of such damages in proportion to the

amount of negligence attributed to the person recovering; and

Inform the jury of the consequences of its determination of the percentage

of negligence.

Section 14-1-3

Right to Contribution Among Joint Tortfeasors.

(1)

Except as otherwise provided in Sections 14-1-3 through 14-1-6, where two (2) or

more persons become jointly or severally liable in tort for the same injury to person or property

or for the same wrongful death, there is a right of contribution among them even though

judgment has not been recovered against all or any of them.

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(2)

The right of contribution exists only in favor of a tortfeasor who has paid more

than his pro rata share of the common liability, and his total recovery is limited to the amount

paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution

beyond his own pro rata share of the entire liability.

(3)

There is no right of contribution in favor of any tortfeasor who has intentionally,

willfully or wantonly caused or contributed to the injury or wrongful death.

(4)

A tortfeasor who enters into a settlement with a claimant is not entitled to recover

contribution from another tortfeasor whose liability for the injury or wrongful death is not

extinguished by the settlement nor in respect to any amount paid in a settlement which is in

excess of what was reasonable.

(5)

A liability insurer, who by payment has discharged in full or in part the liability of

an insured tortfeasor and has discharged in full its obligation as insurer, is subrogated to the

insured tortfeasor*s right of contribution to the extent of the amount it has paid in excess of the

insured tortfeasor*s pro rata share of the common liability. This provision does not limit or

impair any right of the subrogation arising from any other relationship.

(6)

Sections 14-1-3 through 14-1-6 do not impair any right of indemnity under

existing law. Where one (1) tortfeasor is entitled to indemnity from another, the right of the

indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled

to contribution from the obligee for any portion of his indemnity obligation.

(7)

Sections 14-1-3 through 14-1-6 do not apply to breaches of trust or of other

fiduciary obligation.

(8)

Sections 14-1-3 through 14-1-6 do not affect the common law liability of the

several joint tortfeasors to have judgments recovered and payment made from them individually

by the injured person for the whole injury. The recovery of a judgment by the injured person

against one (1) joint tortfeasor does not discharge the other joint tortfeasors from liability to the

injured party.

Section 14-1-4

Pro Rata Shares

In determining the pro rata shares of tortfeasors in the entire liability:

(1)

The relative degrees of fault of the joint tortfeasors shall be considered in

determining their pro rata shares solely for the purpose of determining their rights of contribution

among themselves, each remaining severally liable to the injured person for the whole injury as

at common law.

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(2)

If equity requires, the collective liability of some as a group shall constitute a

single share.

(3)

A final verdict in favor of an alleged joint tortfeasor as against the injured party

shall be a conclusive determination that such successful party is not liable to make contribution

to any other tortfeasor.

Section 14-1-5

Enforcement

(1)

Whether or not judgment has been entered in an action against two (2) or more

tortfeasors for the same injury or wrongful death, contribution may be enforced by separate

action.

(2)

Where a judgment has been entered in an action against two (2) or more

tortfeasors for the same injury or wrongful death, contribution may be enforced on that action by

judgment in favor of one against other judgment defendants by motion upon notice to all parties

to the action.

(3)

If there is a judgment for the injury or wrongful death against the tortfeasor

seeking contribution, any separate action by him to enforce contribution shall be commenced

within one (1) year after the judgment has become final by lapse of time for appeal or the

decision on appeal has become final.

(4)

If there is no judgment for the injury or wrongful death against the tortfeasor

seeking contribution, his right of contribution is barred unless he has either:

Discharged by payment the common liability within the statute of

limitations period applicable to claimant*s right of action against him and has

commenced his action for contribution within one (1) year after payment; or

Agreed while action is pending against him to discharge the common

liability and has within one (1) year after the agreement paid the liability and commenced

his action for contribution.

(5)

The recovery of a judgment for an injury or wrongful death against one (1)

tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or

wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not

impair any right of contribution.

(6)

The judgment determining the liability of the several defendants to the claimant

for an injury or wrongful death is binding as among defendants in determining their right to

contribution.

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Section 14-1-6

Release or Covenant not to Sue

(1)

When a release or a covenant not to sue or not to enforce judgment is given in

good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same

wrongful death:

It does not discharge any of the other tortfeasors from liability for the

injury or wrongful death unless its terms so provide, but it reduces the claim against the

others to the extent of any amount stipulated by the release or the covenant, or in the

amount of the consideration paid for it, whichever is the greater; and

It discharges the tortfeasor to whom it is given from all liability for

contribution to any other tortfeasor.

Section 14-1-7

Pleading of Damages

The ad damnum clause or prayer for damages incorporated in a pleading which sets forth

a claim for relief based upon personal injury or wrongful death shall not state any dollar amount

as alleged damages or demand a sum as judgment, other than an allegation that the damages are

of an amount necessary to establish jurisdiction of the court. Nothing herein shall be construed

to prevent any party from arguing to the court or jury the amount of his claim of money. In all

cases, the court shall inform the jury of the consequences of its verdict.

Section 14-1-8

Civil Liability for Dishonored Check

(1)

Any person who issues a check which is not paid because the check has been

dishonored has fifteen (15) days following the date of a written demand, mailed or delivered to

the drawer of the check at the address shown on the check or his last known address, to pay to

the holder of the check the amount of the check and a collection fee not to exceed $15.00.

(2)

Any person who fails to make restitution as set forth in subsection (1) of this

section and who fails to pay the amount of the check and a collection fee not to exceed $15.00,

within thirty (30) days following the date of a written demand mailed to the drawer by certified

mail, return receipt requested, to the address shown on the check or his last known address, is

liable to the holder of the check for twice the amount of the check, but in no case less than

$50.00, and for interest and costs of collection including reasonable attorney fees. In an action

brought under this subsection, the prevailing party may recover court costs and reasonable

attorney fees.

(3)

Nothing in this section shall prevent the criminal prosecution of the person who

issues the check. However, any payment made by the defendant to a victim pursuant to an order

for restitution entered in a criminal case shall be set off against any judgment in favor of the

victim in a civil action brought under this section arising out of the same facts or event.

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CHAPTER 2

IMPLEMENTING THE 1978 INDIAN CHILD WELFARE ACT

Section 14-2-1

Service of Notice on Designated Tribal Agents

(1)

The Shoshone Business Council designates the Chairman, (307) 332-3532, P. O.

Box 217, Fort Washakie, Wyoming 82514, as the designated tribal agent for service of notice

under section 1-2(a) of the Indian Child Welfare Act of 1978.

(2)

The Arapaho Business Council designates the Chairman, (307) 332-5006, P. O.

Box 396, Fort Washakie, Wyoming 82514, as the designated Arapaho Tribal Agent for service

of notice under Section 102 (a) of the Indian Child Welfare Act of 1978.

Section 14-2-2

(1)

Proceedings in State Courts

Transfer of jurisdiction under Section 101 (b):

A decision by either tribe to petition the state court to transfer a case under

the Indian Child Welfare Act to the Wind River Tribal Courts shall include a request for

an acceptance of transfer of jurisdiction by the tribal court; or

A petition for custody shall be filed in the tribal court when the decision is

made to grant the transfer.

(2)

Intervention Under Section 101 (C). A decision by either tribe to intervene shall

result in filing a petition in state court.

Section 14-2-3

Tribal Placement Preferences

(1)

Permit the minor to remain with his parent*s guardian or custodian subject to such

limitations and conditions as the court may prescribe.

(2)

Place the minor with a relative within the external boundaries of the reservation

subject to such limitations and conditions as the court may prescribe.

(3)

Place the minor with a relative outside the external boundaries of the reservation

subject to such limitations and conditions as the court may prescribe.

(4)

Place the minor with a member of his tribe within the external boundaries of the

reservation subject to such limitations and conditions as the court may prescribe.

(5)

Place the minor with a member of his tribe outside the external boundaries of the

reservation subject to such limitations and conditions as the court may prescribe.

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(6)

Place the minor with an Indian of any other tribe within the external boundaries of

the reservation subject to such limitations and conditions as the court may prescribe.

(7)

Place the minor with an Indian of any other tribe outside the external boundaries

of the reservation subject to such limitations and conditions as the court may prescribe.

(8)

A record of each placement of an Indian child under the Children*s Code shall be

maintained by the court. Such record shall document the efforts made to comply with the order

of preference specified in sections (1) through (7) above.

(9)

Except as permitted in sections (1) through (7) above, no Indian child shall be

placed with a non-Indian, unless in an approved foster home, group home, shelter, agency, etc.,

not to exceed one (1) year.

CHAPTER 3

GUARDIANSHIP

Section 14-3-1

Jurisdiction

(1)

The Shoshone and Arapaho Tribal Court and Children*s Court shall have

authority to appoint guardians for the person and/or estates, or for the purpose of actual or

contemplated litigation (guardian ad litem) of either minors or persons incompetent by reason of

physical or mental sickness or deficiency, advanced age, or chronic use of alcohol and/or drugs.

(2)

The Shoshone and Arapaho Tribal Court shall have authority to appoint guardians

when the person for whom the guardianship is sought is a member of either tribe or the child of a

member of either tribe, whether or not he lives on the reservation.

Section 14-3-2

Probating Estate

The court, in the process of administering an estate for which there is a valid will

containing a designation of a guardian for minor children if orphaned by the deceased*s death,

shall appoint such person without a hearing, unless he is unwilling to serve, or if such person is

objected by any child over twelve (12) years of age, or if the court deems a hearing to be in the

best interests of the minor(s).

Section 14-3-3

Petition

(1)

A guardianship proceeding shall be initiated by the filing of a petition by a

relative or other person on behalf of the minor or incompetent, or by a minor himself if over

fourteen(14) years of age. (Form XIV-l)

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(2)

The petition shall:

Set forth the name of the petitioner;

His relationship to the minor or incompetent;

List all known relatives of the minor or incompetent and their addresses,

relationships, and ages, if known;

List all property of the minor or incompetent, real or personal;

List in detail the present conditions and circumstances which warrant the

appointment of a guardian; and

Pray that Letters of Guardianship be issued to himself or some other

suitable person to act as guardian of the minor or incompetent.

Section 14-3-4

Types of Guardianship

(1)

A general guardian or guardian of the person of a minor or incompetent shall have

the right to take or provide for the custody of the person of the minor or incompetent and shall be

required to care for the health, safety and welfare of such person and provide for their education

and medical care as needed, and shall also have authority to invest, manage and dispose of the

property of the minor or incompetent in a prudent and reasonable manner and expend such

portions of the estate, income and then principle, as he shall deem reasonably necessary for the

support, care, and in the best interests of the minor or incompetent.

(2)

A limited guardian shall be limited to either the person or the property as

determined and ordered by the court or any part thereof.

(3)

A guardian ad litem shall have power and authority to represent a minor or

incompetent*s best interests in actual or contemplated litigation upon being appointed by the

court, with or without a petition, and to settle or compromise suits, claims, or disputes on behalf

of the minor or incompetent.

Section 14-3-5

Notice; Hearings

(1)

The clerk of court shall cause notice of the hearing to be given by personal

service or mail to all known interested persons not less than five (5) days before a scheduled

hearing.

(2)

Minor. At a hearing to appoint a guardian for a minor, the court shall:

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Determine the need to have a guardian appointed;

Consider the preference of a minor, especially over age ten (10);

Determine the suitability and willingness of the person to act as guardian;

and

Make an order appointing a guardian, setting forth the scope of his

authority, whether or not security is required and if so how much, and the duration of

such appointment.

(3)

Incompetent. At a hearing to appoint a guardian for an incompetent, the court

shall:

Determine the need to have a guardian appointed based upon at least two

(2) doctors* reports, written or oral, under oath, to the effect that the incompetent is not

presently able to handle his property or affairs, the anticipated duration of incapacity, and

that the best interests of the incompetent will be served by having a guardian appointed;

Determine the person most suitable and willing to serve as guardian; and

Make an order appointing a guardian, setting forth the scope of his

authority, whether or not security is required and if so how much, and the duration of the

appointment.

Section 14-3-6

Who May Serve as Guardian

(1)

Any adult person twenty-one (21) years of age or older and subject to the

jurisdiction of the Wind River Tribal Court may serve as a guardian.

(2)

Preference shall be given to the relatives of the minor or incompetent in order of

their closeness of relationship and to a person with whom the minor or incompetent is living at

the time of the hearing.

(3)

The preference of a minor over age ten (10) shall be considered; however, the

court shall determine the best interest in selecting a guardian.

Section 14-3-7

Security

(1)

The court may require a guardian to provide security in the form of a bond or

otherwise to assure the faithful performance of duties.

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(2)

Any surety of any such security will be deemed to have consented to the

jurisdiction of the Shoshone and Arapaho Tribal Court for the purposes of action against such

security.

Section 14-3-8

Oath; Letters

(1)

The guardian appointed by the court shall be required to take an oath, the form of

which to be prescribed by the court, to the effect that he will faithfully perform his duties as

guardian. (Form XIV-2)

(2)

Upon taking the oath and filing with the court such security, if any, as may have

been required, the guardian shall be issued by the clerk, under the seal of the court, Letters of

Guardianship evidencing his appointment.

Section 14-3-9

Inventory and Appraisement

(1)

Within forty-five (45) days of appointment a general guardian or guardian of the

property or estate of a minor or incompetent, the guardian shall prepare and submit to the court

an inventory and appraisement of the property or estate. (Form XIV-3)

(2)

The appraisement shall be made by three (3) disinterested persons who shall

certify under oath to their appraisement and may receive reasonable compensation for their

services. (Form XIV-4)

(3)

No appraisement shall be required of items of obvious, readily ascertainable value

or where the value of assets is reasonably believed by the guardian to be less than $1,000.00.

Section 14-3-10

Annual Accounting

(1)

The guardian of every estate over $1,000.00 shall submit an annual accounting of

the estate or property to the court for approval prior to the end of the year. (Form XIV-5)

(2)

The accounting shall be supported by vouchers, receipts, statements, cancelled

checks, etc., and indicate all additions and withdrawals.

Section 14-3-11

Compensation

(1)

No guardian shall receive any compensation for acting as such without prior

approval of the court.

(2)

If approved, compensation shall be ordered for services related to the guardian*s

duties specified by time and place.

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(3)

The right to receive compensation as guardian shall be deemed waived for any

year in which such is not requested and received.

Section 14-3-12

Duties of Guardian

A guardian of any kind:

(1)

Shall stand in a fiduciary relationship to the minor or incompetent.

(2)

Shall exercise a high degree of care in managing the estate of the ward.

(3)

Shall derive no personal benefit from carrying out his duties.

(4)

Shall be civilly liable to said ward for any losses to the estate attributed to the

breach of his duties.

Section 14-3-13

Liability of Guardian

Action to enforce the liability of a guardian may be brought by the ward or subsequently

appointed guardian on behalf of the ward within two (2) years after the appointment of a new

guardian or the removal of incompetence or the arriving at the age of majority.

Section 14-3-14

(1)

Discharge of Guardian

Every guardian appointed shall serve until discharged by the court. (Form

XIV-6)

(2)

A guardian of a minor not otherwise incompetent, or the minor himself, may

petition the court on or after the date the minor reaches the age of majority to have the guardian

discharged and the estate turned over to the minor.

(3)

A person, other than a minor, who has had a guardian appointed for reasons of

incompetency, or the guardian or a relative may petition for a determination of restoration to

capacity and for discharge of the guardian:

The court shall hold a hearing with notice to interested persons and

receive evidence, medical and otherwise, bearing on the ward*s competency; and

If it be found that the ward is of sound mind and capable of caring for

himself and his property, his restoration to capacity shall be adjudged and his

guardianship terminated and guardian discharged.

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Section 14-3-15

Records

The clerk shall keep a separate, permanent file for each guardianship proceeding and

shall file all papers relevant thereto. Any guardian duly appointed may be entitled to receive,

without charge, three (3) certified copies of the Letters of Guardianship.

Section 14-3-16

Trust Property

(1)

The court is hereby authorized to appoint a guardian of the trust estate of minors

or incompetents for the purpose of conveying or consenting to the conveyance of an interest in

trust property owned by such minor or incompetent if it appears the price is adequate and that

such sale is to the best interests of said minor or incompetent. The court may enter an order

authorizing such action.

Section 14-3-17

Temporary Guardianship or Custody

Guardianship or custody may be ordered on a temporary basis in the best interests of a

minor or incompetent pending the final determination of a petition or otherwise.

CHAPTER 4

OATHS

Section 14-4-1

Form

A person may be sworn by any form he deems binding on his conscience.

Section 14-4-2

Officers Authorized to Administer Oaths

The following officers are authorized to administer oaths:

(1)

Any judge duly appointed by the Shoshone and Arapaho Tribes.

(2)

The court administrator.

(3)

Notaries public.

(4)

The chairman of the Joint Business Council.

Section 14-4-3

Affirmation in Lieu of Oath

(1)

Persons conscientiously opposed to swearing or to taking any oath may affirm,

and are subject to the penalties of perjury as in the case of swearing an oath.

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(2)

Whenever any person is required to take an oath in any court, or before any

person authorized by law to administer oaths, it is lawful for the court or person administering

the same to administer it in the following manner: The person taking the oath or swearing shall,

with his right hand uplifted, swear or take the oath, concluding with the words, “So help me,

God.”

CHAPTER 5

LIMITATIONS OF ACTIONS

Section 14-5-1

Rural Property

An action for the recovery of the title or possession of lands, tenements or hereditaments

can only be brought within ten (10) years after the cause of action accrues.

Section 14-5-2

Actions Other than Real Property

Actions other than real property can only be brought as provided in Title I, Sec. 8-1 (1).

Section 14-5-3

When Cause Accrues

A cause of action for the taking of personal property is not deemed to have accrued until

the wrongdoer is discovered.

CHAPTER 6

ABATEMENT AND SURVIVAL

Section 14-6-1

Abatement of Actions by Death

No action or proceeding in any court abates by the death of either or both of the parties

thereto except as herein provided: an action for libel, slander, malicious prosecution, assault,

assault and battery, nuisance, or against a justice of the peace for misconduct in office shall abate

by the death of either party.

Section 14-6-2

Causes of Action that Survive

In addition to the causes of action which survive at common law, causes of action for

mesne profits, injuries to the person, an injury to real or personal estate, or any deceit or fraud

also survive. An action may be brought notwithstanding the death of the person entitled or liable

to the same, but in actions for personal injury damages, if the person entitled thereto dies,

recovery is limited to damages for wrongful death.

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CHAPTER 7

ATTACHMENT AND GARNISHMENT

Section 14-7-1

Grounds for Attachment

(1)

At or after commencement of a civil action for the recovery of money, the

plaintiff may have an attachment against the property of the defendant if the defendant:

Is a foreign corporation or a nonresident of the reservation, or is about to

become a nonresident;

Has absconded with intent to defraud his creditors;

Has left the county of his residence to avoid the service of a summons;

So conceals himself that a summons cannot be served upon him;

Is about to remove his property out of the jurisdiction of the court with

intent to defraud his creditors;

Is about to convert his property into money for the purpose of placing it

beyond the reach of his creditors;

Has property or rights in action which he conceals;

Has assigned, removed, disposed or, or is about to dispose of his property

with the intent to defraud his creditors; or

Has fraudulently or criminally contracted the debt or incurred the

obligation for which suit is about to be or has been brought.

(2)

Attachment may also be had when the cause of action sued on arises on a contract

express or implied for the direct payment of money not exceeding $1,500.00 and the contract is

not secured by a mortgage or lien upon real or personal property or pledge of personal property.

Affidavit for Order of Attachment

Section 14-7-2

(1)

An order of attachment shall be made by the clerk of the court in which the action

is brought in any case mentioned in Sec. 14-7-1 when there is filed in his office an affidavit of

the plaintiff, his agent or attorney showing (Form XIV-7):

The nature of the plaintiff*s claim;

That it is just;

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The amount which the affiant believes the plaintiff ought to recover; and

That the affiant has good reason to believe that one (1) or more of the

grounds, stating which ones for attachment enumerated in Sec. 14-7-1 exist.

Section 14-7-3

Attachment Procedure

The procedures to be used in attachment and exemption shall be the same as used in Rule

35, Rules of Civil Procedure.

Section 14-7-4

Garnishment Summons and Proceedings

When an execution from the court is placed in the hands of a proper officer for service,

and sufficient property of the judgment debtor is not found to satisfy the execution, the officer

holding the execution, upon demand of the judgment creditor, shall summon in writing as

garnishee the person named to him by the judgment creditor to appear before the court from

which the execution issued on a certain day and hour specified in the summons, to answer such

interrogatories as may be asked him touching his liability as garnishee. Proceedings thereon

shall be taken to final judgment and execution as upon actions instituted by attachment in the

court from which the execution issued. (Form XIV-8)

Section 14-7-5

Surrender of Property by Garnishee; Attachment Against Partnership or

Firm

Any person attached as garnishee having in his possession or under his control any

property belonging to the judgment debtor may turn the property over to the officer having the

execution, taking a receipt, and by so doing shall be released from further liability. In cases of

attachment against a member of a partnership or firm, the garnishment in aid of attachment may

be served upon any other member of the partnership or firm in the same manner and with the

same effect as in the case of garnishment upon execution. In case of a garnishment against a

partnership or firm upon an execution or attachment against a member thereof, the partnership or

firm may pay into court for the use of the garnishment creditor the amount of the interest in the

partnership or firm of the member against whom execution or attachment issued, but not

exceeding the amount due the garnishment creditor. If the partnership or firm fails to pay into

court as provided, the garnishment creditor has the right by proceedings in equity to cause an

accounting and winding up of the partnership or firm and a distribution of the proceeds. In the

equity proceeding, the garnishment creditor has the rights and remedies that would have been

available to the garnishment debtor in relation to the affairs of the partnership or firm. (Form

XIV-9)

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Section 14-7-6

Garnishment of Partnership or Firm

If the execution is against a member of a partnership or firm, and there is not sufficient

property found belonging to the judgment debtor to satisfy the execution, upon demand of the

judgment creditor the officer holding the execution shall garnishee the partnership or firm by

serving notice in writing on any or all of the other members of the partnership or firm, as

provided in Section 14-7-4, and from the time of the garnishment the partnership or firm shall be

held responsible to the judgment creditor for the full amount of the interest held and had in the

partnership or firm by the judgment debtor at the time of the notice of garnishment. The

proceedings shall be taken to final judgment and execution as set forth in Section 14-7-4.

Section 14-7-7

Salaries of Public Officials and Employees Subject to Garnishment

The salary or wages due any tribal, Bureau of Indian Affairs, Indian Health Service, state,

county, city, town or school district officer or employee are liable and subject to garnishment in

civil actions the same as the salary or wages of any private individual now are, or may hereafter

be, under the laws of the tribes. This provision applies whether the officer or employee is

elected or appointed to the office or position which he holds.

CHAPTER 8

CHANGE OF NAME

Section 14-8-1

Verified Petition to be Presented; Information to be Shown in Petition;

Order of Court Making Change; Record to be Made

Every person desiring to change his name may petition the tribal court. The petition shall

be verified by affidavit setting forth the petitioner*s full name, the name desired, a concise

statement of the reason for the desired change, the place of his birth, his place of residence and

the length of time he has been an actual bona fide resident of the county in which the petition is

filed. If the court is satisfied that the desired change is proper and not detrimental to the interests

of any other person, it shall order the change to be made, and record the proceedings in the

records of the court. (Form XIV-l0)

Section 14-8-2

Residence Requirement

A person petitioning for a change of name shall have been a bona fide resident of the

reservation for at least two (2) years immediately preceding filing the petition.

Section 14-8-3

Notice to be Given by Publication

Public notice of the petition for a change of name shall be given in the same manner as

service by publication upon nonresidents in civil actions. (Form XIV-11)

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Section 14-8-4

Change of Name in Adoption Proceedings

In all cases of the adoption of children in the manner provided by law, the court before

which such adoption proceeding is held may change the name of any child so adopted and make

an order to that effect, which shall be recorded in the records of the proceeding of adoption.

Each child who has heretofore been adopted according to law, may have his name changed to

that of the parents who have adopted him, upon the parents, who have adopted such child, on

behalf of such child, filing a petition therefor.

CHAPTER 9

LIBEL AND SLANDER

Section 14-9-1

Radio and Television Stations; Liability of Owner, Agent, etc. Generally

The owner, licensee or operator of a visual or sound broadcasting station or network of

stations and the agents or employees of the owner, licensee or operator are not liable for

damages for any defamatory statement published or uttered in a visual or sound broadcast by one

other than the owner, licensee, or operator, or agent or employee thereof, unless the complaining

party proves that the owner, licensee, operator, agent or employee failed to exercise due care to

prevent the publication or utterance of such statement in the broadcast.

Section 14-9-2

Same; Liability for Statements Made by Political Candidates

An owner, licensee or operator or the agents or employees of any owner, licensee or

operator of a visual or sound broadcasting station is not liable for any damages for any

defamatory statement uttered over the facilities of the station by any candidate for public office.

Section 14-9-3

Limitation as to Damages

In an action for damages for any defamatory statement published or uttered in or as a part

of a visual or sound broadcast, the complaining party shall be allowed only the actual damages

he has alleged and proved.

Section 14-9-4

Publication of Proceedings, etc. of Governing Bodies Deemed Privileged;

Exception

The publication of a fair and impartial report of the proceedings before tribal legislative

bodies, or before tribal executive bodies, boards or officers, or the whole or a fair synopsis of

any document presented, filed or issued in any proceeding before a legislative or executive body,

board or officer, is privileged unless it is proved that the publication was made maliciously.

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Section 14-9-5

Publication of Criminal and Civil Proceedings Before Courts, etc. Deemed

Privileged; Exceptions

The publication of a fair and impartial report of any indictment, the issuing of any

warrant, the arrest of any person accused of crime, or the filing of any pleading or other

document in any criminal or civil cause in any court, or of the contents thereof, is privileged

unless it is proved that the same was published maliciously or that the defendant has refused or

neglected to publish in the same manner in which the publication complained of appeared a

reasonable written explanation or contradiction thereof by the plaintiff, or that the publisher has

refused upon plaintiff*s request to publish the subsequent determination of the suit or action.

CHAPTER 10

WRONGFUL DEATH

Section 14-10-1

Whenever the death of a person is caused by wrongful act, neglect or default such as

would have entitled the party injured to maintain an action to recover damages if death had not

ensued, the person who would have been liable if death had not ensued is liable in an action for

damages, even though the death was caused under circumstances as amount in law to murder in

the first or second degree or manslaughter. If the person liable dies, the action may be brought

against the executor or administrator of his estate. If he left no estate within the reservation, the

court may appoint an administrator upon application.

Section 14-10-2

Action to be Brought by Personal Representative; Recovery Exempt from

Debts; Measure and Element of Damages; Limitation of Action

(1)

Every such action shall be brought by and in the name of the personal

representative of the deceased person. (Form XIV-12)

(2)

If the deceased left a husband, wife, child, father or mother, no debt of the

deceased may be satisfied out of the proceeds of any judgment obtained in any action brought

under the provisions of this section.

(3)

The court or jury, as the case may be, in every such action may award such

damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose

benefit such action is brought may prove his respective damages, and the court or jury may

award such person that amount of damages to which it considers such person entitled, including

damages for loss of probable future companionship, society and comfort.

(4)

Every action shall be commenced within two (2) years after the death of the

deceased person.

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CHAPTER 11

REPLEVIN

Section 14-11-1

Action for Possession of Specific Personal Property

The possession of specific personal property may be recovered in an action in tribal court

as provided by law, subject to jurisdictional limits of tribal court.

Section 14-11-2

Order for Delivery to be Issued upon Filing of Affidavit; Information to be

Shown in Affidavit

An order for the delivery of property to the plaintiff shall be issued by the court in which

the action is brought following a hearing and when there is filed an affidavit of the plaintiff, his

agent or attorney, showing (Form XIV-13):

(1)

A description of the property claimed.

(2)

That the plaintiff is the owner of the property, or has special interest therein, and

if the ownership or interest is special or partial, the fact shall be stated.

(3)

That the property is wrongfully detained by the defendant.

(4)

That it was not taken upon any process issued against the plaintiff, or if taken

under such process, that the property was exempt from execution expressly or upon demand or

selection by the plaintiff and is not held for a tax, or if held for a tax, that it is not held for any

tax legally assessed or levied against the plaintiff. (Form XIV-14)

CHAPTER 12

LIQUOR REGULATION

That the introduction, possession, transportation, and sale of intoxicating beverages shall

be lawful within the Indian country under the jurisdiction of the tribes, provided:

Section 14-12-1

Conformity with the Laws of Wyoming and this Code

Such introduction, possession, transportation, and sale are in conformity both with the

laws of the State of Wyoming and with this code.

Section 14-12-2

Corporate and Tribal Entity

The Joint Business Council may form a corporation or a subordinate tribal entity, or a

tribal enterprise to operate off-sale or packaged sale of intoxicating beverages, under such

license or licenses as may be required by law.

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Section 14-12-3

Tribal License Required

No person shall engage in the sale of intoxicating beverages within the Indian country

under the jurisdiction of the tribes unless duly licensed by the tribes and, in the case of nonIndians, by the tribes and the State of Wyoming, except that this code shall not apply to any

license under the laws of the State of Wyoming on the effective date of this code until the

expiration of the annual terms of any such license, provided that the tribes, in the discretion of

the Joint Business Council, may require individual Indians to obtain licenses from the state.

Section 14-12-4

Application for Tribal Liquor License; Requirements

No tribal license shall issue under this code except upon a sworn application filed with

the Joint Business Council containing a full and complete showing of the following (Form

XIV-15):

(1)

If the applicant is a non-Indian, satisfactory proof that the applicant is or will be

duly licensed by the State of Wyoming.

(2)

If the applicant is an Indian and the Joint Business Council determines that a State

license should be obtained, satisfactory proof that the applicant is or will be duly licensed by the

State of Wyoming, or that such license has been withheld or denied for reasons in excess of the

powers vested in the state licensing authorities, or for arbitrary or capricious reason

(3)

Satisfactory proof that the applicant is of good character and reputation among the

people of the Wind River Reservation, with particular reference to the Indian people, and that he

is financially responsible.

(4)

The description of the premises in which the intoxicating beverages are to be sold,

proof that the applicant is the owner of such premises, or lessee of such premises, for at least the

term of the license, and a complete detailed, itemized inventory of all intoxicating beverages on

and in the premises where the intoxicating beverages are to be sold.

(5)

license.

(6)

Agreement by the applicant to accept and abide by the conditions of the tribal

Payment of a fee not less than $300.00 or more than $1,500.00 per annum.

(7)

Satisfactory proof that the applicant is not an officer or member of the Joint

Business Council, is not an employee of either of the tribes, and has never been convicted of a

felony.

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Section 14-12-5

Conditions of the Tribal License.

Any tribal license issued under this code shall be subject to the following conditions

(Form XIV-16):

(1)

The license shall be for a term of one (1) year, and shall expire as of even date

with any license issued under the laws of Wyoming.

(2)

The licensee shall at all times maintain an orderly, clean and neat establishment,

both inside and outside the licensed premises.

(3)

The licensed premises shall be subject to patrol by the Wind River Reservation

police force for the purpose of enforcing tribal law, and by state and county law officers for the

purpose of enforcing the state law against non-Indians, and the licensee shall cooperate with

such police and law officers.

(4)

The licensed premises shall be open to inspection by any member of the Shoshone

and Arapaho Joint Business Council, or the duly authorized representative of the council, at all

times during the regular business hours.

(5)

No intoxicating beverages shall be sold, served, disposed of, delivered or given to

any person, or consumed on the licensed premises, except between the hours of 8:00 a.m. and

2:00 a..m. Monday through Friday, 8:00 a.m. Saturday to 2:00 a..m. Sunday, and 1:00 p.m. to

10:00 p.m. on Sunday.

(6)

The premises covered by the tribal liquor license be closed on tribal election days,

or when a referendum is held of the people of either or both the Shoshone or the Arapaho Tribe

and including special days of observance as designated by the Business Councils.

(7)

All acts and transactions under authority of the tribal liquor license shall be in

conformity with the laws of the State of Wyoming, and shall be in accordance with this code and

any tribal license issued pursuant to this code.

(8)

No person under the age of twenty-one (21) shall be admitted into the licensed

establishment.

(9)

There shall be no discrimination in the operations under the tribal license by

reason of race, color or creed.

Section 14-12-6

Cancellation and Suspension

Any license issued hereunder may be suspended or cancelled by the Joint Business

Council for the breach of any of the provisions of this code or of the conditions of the tribal

license upon hearing before the Joint Business Council after ten (10) days’ notice to the licensee.

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Section 14-12-7

Prior Tribal Laws Repealed

Ordinance No. 398, adopted November 3, 1953, by the Joint Business Council, is hereby

repealed.

Section 14-12-8

Effective Date

This code shall be effective upon publication in the Federal Register.

CHAPTER 13

DISCLOSURE OF INFORMATION

Section 14-13-1

Dual Functions of the Business Councils

The Shoshone Business Council and the Arapaho Business Council, separately and

jointly as the duly elected governing bodies of the tribes, act with respect to the governmental

functions of the tribes, and also act as managers of the property and assets of the tribes.

Section 14-13-2

Policy Concerning Governmental Affairs

It is hereby declared to be the policy of the tribes that all information concerning the

governmental affairs of the tribes be open to the adult members of the tribes on the conditions

specified in 14-13-5 of this code.

Section 14-13-3

Policy Concerning Property Affairs

It is hereby declared to be the policy of the tribes to disclose final decisions relating to

the management of the property and assets of the tribes, but to hold as confidential matters

arising in conferences, negotiations, and consultations preliminary to such final decisions, and

matters made available to the tribes on a confidential or privileged basis.

Section 14-13-4

Policy Concerning Protection of Individual Rights

It is hereby declared to be the policy of the tribes to protect the rights of individuals in

their privacy, and in the safeguards afforded to individuals by the Constitution of the United

States and the Indian Civil Rights Act.

Section 14-13-5

Records and Information Subject to Disclosure

To carry out the foregoing policies of the tribes, it is hereby ordained as follows:

(1)

Public Records. Except as herein exempted from public disclosure, or as may be

otherwise provided by special action of the respective Business Councils, matters of official

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record shall be made available to adult members of the tribes properly and directly concerned in

the particular matter of inquiry, except information held confidential for good cause found.

Records shall be withheld if the public interest requires such action to preserve confidentiality or

privilege, or if the records relate solely to the internal management of tribal affairs.

(2)

Exemptions from Public Disclosure. Without intending any limitation thereby,

the following matters shall not be subject to public disclosure:

Contracts and contractual data relating to or affecting the property or

assets, or business of the tribes, unless the adult members requesting such papers furnish

satisfactory proof that they are properly and directly concerned and no breach of

confidence is involved;

Geological and geophysical information and data, including maps, reports,

samples, or correspondence concerning mineral exploration and development, including

oil and gas wells and operations;

practices;

Personnel files, personnel papers, and internal personnel rules and

Any document or matter that would constitute an unwarranted invasion of

personal privacy or a denial of individual rights protected by the Constitution of the

United States or the Indian Civil Rights Act, including without limitation, information

and records relating to individuals receiving welfare, commodities and credit, and

enrollment, except that the enrollment rolls are public;

Investigatory documents or files compiled for law enforcement purposes,

except to the extent that such files are available by law to a person;

Any papers relating to matters in litigation or in threatened litigation

affecting the tribes;

Interoffice memoranda, notes, or other communications; and

Information of a privileged or confidential character or held by the tribes

on a privileged or confidential basis.

Section 14-13-6

(1)

Manner of Obtaining Information

Any person requesting records in pursuance of this code, must:

File the request in writing with the Chairman of either Business Council;

(Form XIV-17)

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Furnish satisfactory proof that the applicant is an adult member of the

Show that the records are available for public disclosure under this code;

tribe;

Provide a reasonable description of the records so that an employee may

locate the requested material;

Pay for the cost of the record search at the rate of $4.00 per hour, with a

minimum charge of $.50; and

per page.

If copies of materials are requested, pay for such copies at the rate of $.15

(2)

No tribal employee shall deliver an entire file for examination, but only the

explicit papers or records requested, and then only upon express authorization from the Joint

Business Council.

CHAPTER 14

DOG REGULATION

It shall be unlawful for any person to have or maintain any dog within the boundaries of

the Wind River Reservation, unless said dog has been duly vaccinated, and in all respects meets

the requirements of this code. This code shall be divided into four component parts:

Sec.

14-14-1

14-14-2

14-14-3

14-14-4

Section 14-14-1

Vaccination

Disposition of Unvaccinated Dogs

Quarantine of Animals

Duty to Enforce Code

Vaccination

(1)

All dogs shall be required to be vaccinated against rabies with a modified live

virus inactivated chick embryo serum and shall be required to be vaccinated every two (2) years.

(2)

Any animal covered by this code shall wear a collar on which is prominently

displayed its rabies vaccination tag. The vaccination tag shall show the certificate number and

the year of vaccination.

Section 14-14-2

Disposition of Unvaccinated Dogs

(1)

The Joint Business Council shall maintain a shelter for the impounding of all

facilities for the destruction, in a humane manner, or all unwanted and unclaimed dogs.

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(2)

All unvaccinated dogs found on the Wind River Reservation shall be impounded

and held in the shelter provided for a period of not less than seven (7) days nor more than ten

(10) days before they are destroyed.

(3)

Claiming of Pet

Any impounded unvaccinated dog may be claimed by its owner at any

time during the animals detention period;

Any individual claiming an impounded dog must have such animal

vaccinated as required by this code; and

Any claimant will be required to pay a fee to the tribes for board of the

animal which shall be based on $.50 per day that the animal has been retained.

Section 14-14-3

Quarantine of Animals

(1)

Any animal reported to have been bitten any person shall be quarantined by its

owner for a period of not less than fourteen (14) days.

(2)

The owner of any quarantined animal shall be required to insure that said animal

is either tied up or penned during the quarantine period and shall not release said animal until so

notified by competent authority. If the owner refuses or fails to tie up or pen a quarantined

animal, the animal shall be impounded.

(3)

The owner of any quarantined animal may select to have the animal held by tribal

authorities in the animal shelter during the quarantine period. If the owner so selects, he will be

required to pay for the boarding of said animal at the rate of $.50 per day.

(4)

Any unwanted, homeless or stray animal reported to have bitten any person shall

be impounded, and disposition of said animal shall be rendered according to this code.

Section 14-14-4

Duty to Enforce

It shall be the duty of the tribal police and tribal game wardens to impound any animal

governed by this code that comes to their attention. The tribal police shall have the additional

duty of maintaining the animal shelter and destroying unwanted animals in accordance with this

code.

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CHAPTER 15

CREDITORS* RIGHTS AND RESPONSIBILITIES

Section 14-15-1

Foreclosure of Secured Obligations

(1)

Self-Help Remedies Eliminated

All self-help remedies for the recovery of real or personal property

secured to insure payment of obligations are hereby declared unavailable except as

otherwise specifically provided herein; and

This section shall not be construed to prevent the voluntary surrender of

secured property to a creditor by a debtor, provided, however, that such voluntary

surrender occurs at the time of such surrender. All contractual provisions of such

executed in advance of the need therefor shall be of no effect.

(2)

One Action to Foreclose Security Interest

There can be but one action in the tribal court to recover any debt or

enforce or foreclose any right secured by a mortgage or other security interest on real or

personal property situated or located on the reservation, which action must be in

accordance with the procedures outlined herein; and

Notwithstanding the provisions next above, if the debt for which the

encumbrance is held is not all due, but is payable in installments, whether such debt is

evidenced by one or more principal notes or otherwise, such encumbrance may be

foreclosed, at the election of the holder thereof, for the installment or installments due or

other charges which are to be paid by the mortgagor, and the court may by its judgment

direct the sale of the encumbered property or of the equity of the defendants therein, or so

much thereof as may necessary to satisfy the amount due, and such encumbrance shall

otherwise remain in full force and effect and the holder thereof shall have the right to

foreclose on the balance or any part thereof.

(3)

Action to Foreclose Interest in Personal Property

An action to foreclose a security interest in personal property shall be

commenced by filing a complaint in the tribal court; (Form XIV-18)

The tribal court shall determine the issues presented and may, by its

judgment, direct the sale of the encumbered property, or so much thereof as is necessary,

and direct the of the proceeds of the sale to the payment of the costs of court, the

expenses of such sale, and to the amount due the plaintiff. If it appears from the return

on the sale that the proceeds thereof are insufficient and that an amount still remains due,

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the court can direct entry of a judgment for such balance against the defendant or

defendants;

If it is reasonably made to appear after the complaint is filed that the

collateral is in imminent danger of being concealed, removed from the reservation, or

otherwise disposed of in a manner inconsistent with the security interest, the court may

order the person having possession or control over such property to appear and show

cause why such property should not be taken into the custody of the court or other

security provided to prevent the improper disposal of the collateral; and

Sale of property under the court’s judgment shall be conducted in the

manner provided for execution sales under Rule 35 of the Rules of Civil Procedure.

(4)

Action to Foreclose Mortgage

An action to foreclose a mortgage or other security interest in real

property shall commence by filing a complaint in the tribal court; (Form XIV-19)

A complaint to foreclose a security interest in real property shall name as

parties all persons who claim an interest in said property as a result of a proper

recordation of such interest in either the tribal or county records or both, as applicable.

No interest of the Shoshone and Arapaho Tribes, whether recorded or not, may be

affected in any action in which the tribe is not a party by its own affirmative action or

consent. Interests in the secured property which are not recorded may be affected as if

recorded and the owner thereof made a party; and

The tribal court shall determine the issues presented and may, by its

judgment, direct the sale of the encumbered property or so much thereof as is necessary,

and direct the application of the proceeds to the costs of court, the expenses of sale, and

to the amount due the plaintiff. If it appears from the return on the sale that the proceeds

thereof are insufficient and that an amount still remains due, the court can direct the entry

of a judgment for such balance against the defendant or defendants as provided below.

(5)

Sale of Property - Notice

Before the sale of real property subject to a decree of foreclosure and

order of sale, notice thereof must be given as follows: By posting written notice of the

time and place of the sale, giving a specific legal and general description of the property,

for twenty (20) days in at least four (4) public places of the reservation, including one

copy posted at the Tribal Headquarters, one copy posted in the post office nearest the

property to be sold, one copy posted on the property to be sold, and one copy posted at

the Tribal Court Building; (Form XIV-20) and

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If ever there is a sale of property conducted without at least good faith and

substantial compliance with the notice requirements as set forth herein, said sale may be

declared void and of no effect by the tribal court.

(6)

Conduct of Sale

All sales of property under decrees of foreclosure and orders for sale must

be made at auction, conducted at the Tribal Court Building, to the highest bidder between

the hours of 9:00 a.m. and 5:00 p.m. on any business day;

Once sufficient property has been sold to satisfy the judgment plus the

costs of court and of the sale, no more property shall be sold;

The person conducting the sale may not be a purchaser or be interested in

any purchase at such sale;

If the property being sold consists of several known lots or parcels, they

must be sold separately. The judgment debtor, if present at the sale, may direct the order

in which the property shall be sold when such property consists of several known lots or

parcels. If a third person claims an interest in part of the property to be sold, he may

require that such part be sold separately; and

If a purchaser refuses to pay the amount bid by him for property sold to

him at sale, the person conducting the sale may again sell the property to the highest

bidder and if any loss be occasioned thereby, the person may recover the amount of such

loss, plus costs, from the bidder so refusing, in the tribal court. When a purchaser refuses

to pay, the person may, in his discretion, thereafter reject any subsequent bid of such

person.

(7)

Return on Sale (Form XIV-21)

The person conducting the sale shall make a return thereon to the tribal

court reciting all of the details of the sale; and

A certified copy of such return, together with a certified copy of the

court*s order directing said sale, shall be filed by the purchaser in the appropriate county

recorder*s office.

(8)

Title to Real Property

On the sale of real property, the purchaser is substituted to, and acquires

all of the right, title, interest and claim of the judgment debtors thereto;

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The property so acquired is subject to redemption as provided herein;

At the time payment for the sale is made, the officer conducting such must

give to the purchaser a Certificate of Sale containing:

the name of the purchaser;

ii)

the name of the judgment debtor;

iii)

the particular legal description of property sold;

iv)

the price bid for each particular lot or parcel (if applicable);

the total price paid; and

vi)

that the sale is subject to redemption;

The person conducting the sale shall provide the purchaser with sufficient

certified copies of the Certificate of Sale that the purchaser may file one copy with the

office of the Recorder in each county where the property is located. The purchaser shall

be provided with one certified copy for his own records and one copy shall be filed with

the person*s return on the sale in the tribal court; (Form XIV-22)

If the purchaser of real property sold pursuant to an order of sale, or his

successor in interest, should be evicted therefrom in consequence of irregularities in the

proceedings concerning the sale, or of the reversal or discharge of the judgment, he may

recover the price paid plus interest at the rate of eight percent (8%) per annum from the

judgment creditor; and

If the purchaser of real property sold pursuant to an order of sale, or his

successor in interest, fails to obtain possession of the property as a consequence of

irregularities in the proceedings related to the sale, or because the property sold was not

subject to execution and sale, the court having jurisdiction thereof must, after notice and

on motion of such party in interest, revive the original judgment in the name of the

petitioner, for the amount paid by such purchaser, with interest thereon at the rate of eight

percent (8%) per annum and the judgment so revived has the same force and effect as

would the original judgment as of the date of revival.

(9)

Redemption

All real property sold as provided herein is subject to redemption in the

manner hereinafter provided by the judgment debtor or his successor in interest in the

whole or any part of the property;

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The judgment debtor or redemptioner may redeem real property from the

purchaser within six (6) months after the sale by paying the purchaser for the amount of

his purchase together with interest thereon at the rate of eight percent (8%) per annum

from the date of sale to the date of redemption, together with the amount of any

assessments or additional costs which the purchaser may have paid thereon after the date

of the purchase;

Written notice of redemption must be given to the court and a duplicate

filed with the officer of the county recorder in each county in which the property is

situated; (Form XIV-23)

his estate;

If the debtor redeems, the effect of the sale is terminated and he is restored

Upon redemption by the debtor, the person to whom the payment is made

must execute and deliver to him sufficient copies of a Certificate of Redemption

acknowledged and proved before an officer authorized to take acknowledgments of

conveyances of real property. Copies of such certificates shall be filed at the appropriate

county recorder*s office;

If no redemption is made within six (6) months, the purchaser or his

assignee is entitled to a conveyance by means of a Deed at the expiration of such time.

Such Deeds shall be recorded at the appropriate county recorder*s office;

Redemption payment must be made in U.S. currency or by certified or

cashier*s check and be made to the purchaser or for him to the officer who made the sale

or his successor in office;

A judgment debtor or successor in interest desiring to redeem property

must present to the person from whom he seeks to redeem or the officer:

a certified copy of the judgment and order of sale under which he

claims a right to redeem; and

ii)

his own affidavit that he is the person entitled to redeem and

showing the amount due to effect the redemption;

Until expiration of the time for the redemption, the court may restrain the

commission of waste or changing the character of the property, but it shall not be waste

for the person entitled to possession of the property to continue to use in the manner it

has been previously used, or use it in the ordinary course of husbandry, or to make

necessary repairs thereon, or to make a reasonable use of the wood and timber thereon for

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the benefit of the property or the possessor in his reasonable enjoyment of the property;

and

The purchaser from the time of sale until redemption is entitled to receive

from the tenants in possession the rents of the property sold, or the value of the use and

occupation thereof. However, when any rents or profits have been received by the

purchaser, or his assigns from the property thus sold prior to redemption, the amount of

such rents and profits shall be a credit on the redemption money to be paid. If the

judgment debtor or person entitled to redeem, prior to the expiration of the time for

redemption, demands of the purchaser or his assigns a written and verified statement of

the amount of such rents and profits received, and/or assessments of costs paid by the

purchaser, the period of redemption is extended until five (5) days after such sworn

statement is received by the redemptioner. If such purchaser or his assign fails or refuses

for a period of one (1) month to give such statement, the redemptioner may, within sixty

(60) days of such demand, bring an action in the tribal court to compel an accounting and

disclosure of such rents and profits, and until fifteen (15) days after the final

determination of such action, the right of redemption is extended to such redemptioner.

(10)

Surpluses and Deficiencies from Sales

If there remains surplus money remaining after the payment of the costs of

court and of the sale and payment of the judgment creditor, such funds shall be

distributed by the court to the judgment debtor or other person entitled thereto; and

A deficiency judgment may be entered by the court in a case involving the

foreclosure and sale of real property whenever the amount due under the secured

indebtedness plus costs of court and of the sale exceed the reasonable value of the

property at the time of sale. The court is not bound by the price for the property received

at the sale, but may take evidence to determine the actual reasonable value.

Section 14-15-2

Actions to Recover Possession of Real Property

(1)

Self-Help Remedies Forbidden. Except in the case where a person in possession

voluntarily surrenders such possession to another claiming a paramount right to such possession,

all self-help remedies to recover possession of real property are forbidden except as otherwise

provided herein.

(2)

“Forcible Entry” Defined. A person commits a forcible entry whenever he either:

Breaks open or by any other type of unauthorized opening of the doors,

windows, or other parts of a house or other residential dwelling or by fraud, intimidation

or stealth, or by any kind of violence or circumstances of terror, enters upon or into any

real property; or

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After entering peaceably upon real property, turns out by force, threats, or

menacing conduct the party in actual possession.

(3)

“Forcible Detainer” Defined. A person commits a forcible detainer whenever he:

By force, or by menaces and threats of violence, unlawfully holds and

keeps the possession of any real property, whether the same was acquired peaceably or

otherwise; or

In the nighttime or in the absence of the occupants of any real property,

unlawfully enters thereon, and, after demand made for the surrender thereof, refuses for

the period of three (3) days to surrender the same to the former occupant. The occupant

of real property within the meaning of this subsection is one who within five (5) days

preceding such unlawful entry was in the peaceable and undisturbed possession of such

property.

(4)

“Unlawful Detainer” Defined. A person commits an unlawful detainer if, being a

tenant of real property with a term of less than his life, he either:

Continues in possession, in person or by subtenant, of the property or any

part thereof after the expiration of the term for which it is let to him. In all cases where

real property is leased or rented for a specified term or period, or by express or implied

contract, whether written or oral, the tenancy shall be terminated without notice at the

expiration of such specified term or period;

Having leased or rented property for an indefinite time with monthly or

other periodic rent reserved, he continues in possession thereof in person or by subtenant

after the end of such month or period after having been served with notice requiring him

to quit the premises at the end of such month or period, such notice having been served

upon him fifteen (15) or more days prior to the end of such month or period, or in cases

of tenancies at will, where he remains in possession of such premises after the expiration

of a notice of not less than five (5) days;

When he continues in possession, either in person or by subtenant, after

default in the payment of any rent and after a notice in writing requiring in the alternative

the payment of the rent or the surrender of the detained premises shall have remained

uncomplied with for a period of three (3) days;

When he assigns or sublets the leased or rented property contrary to the

covenants in the lease or contract, or commits or permits waste thereon, or when he sets

up or carries on thereon any unlawful business, or when he suffers, permits or maintains

on or about said premises any nuisance, and remains in possession after service upon him

of a notice to surrender the premises within three (3) days; or

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Continues in possession in person or by subtenant, after a neglect or

failure to perform any material condition or covenant of the lease or rental agreement

under which the property is held, other than those hereinbefore mentioned, and after

notice in writing requiring in the alternative the performance of such conditions or

covenants or the surrender of the property served upon him, and, if there is a subtenant in

actual occupation of the premises, also upon such subtenant, shall remain uncomplied

with for five (5) days after service thereof. Within the five (5) day period, any subtenant,

or mortgagee of the term, or other person interested in the continuance of the term may

perform such condition or covenant and thereby save the lease or agreement from

forfeiture, unless such condition or covenant cannot then be performed or cannot be

performed by anyone except the original tenant. If the broken covenant or condition is

not capable of remedial performance after its breach, the required notice need not list

such performance as an alternative.

(5)

Notices - How Served. The notices required by the preceding section may be

served either:

By delivering a copy to the tenant personally;

If he is absent from his place of residence or from his usual place of

business, by leaving a copy with some person of suitable age and discretion at either

place and sending a copy thereof through the mail addressed to the tenant at his place of

residence or place of business;

If such place of residence or business cannot be ascertained or a person of

suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous

place on the property and also delivering a copy to a person there residing, if such person

can be found, and also sending a copy through the mail addressed to the tenant at the

place where the leased property is situated; or

(6)

Service on a subtenant may be made in the same manner.

Action to Regain Possession.

The tribal court shall have jurisdiction to hear and decide actions to

recover possession of both trust and non-trust property as a result of an alleged forcible

entry, forcible detainer or unlawful detainer in an accelerated manner as provided herein.

Any other action to regain possession of the property may, at the discretion of the judge,

but need not be handled in an accelerated manner as provided herein;

In any accelerated proceeding allowed herein, the court shall endorse on

the summons the number of days within which the defendant has to answer, which shall

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not be less than three (3) nor more than twenty (20) days from the date of service. The

time for reply to a counterclaim, if any, shall be deemed likewise shortened;

At the close of the pleadings, the court may advance hearing the matter on

its trial calendar;

The plaintiff*s complaint, in addition to setting forth the facts and

allegations on which he seeks to recover, may also set forth therein any circumstances of

fraud, force or violence which may have accompanied the alleged forcible entry or

forcible or unlawful detainer and claim damages therefor or compensation for the

occupation of the premises, or both. When unlawful detainer is charged after default in

the payment of rent, the complaint must state the amount of such rent;

At the trial of any proceeding for forcible entry or forcible detainer, the

plaintiff shall only be required to show, in addition to the forcible entry or detainer

complained of, that he was peaceably in the actual possession of the premises in question

or was entitled to the possession the time of the forcible detainer;

In cases of tenancy of agricultural land where the tenant has held over and

retained possession for more than sixty (60) days after the expiration of his term without

any demand of possession or notice to quit by the landlord or his successor in estate, the

tenant shall be deemed to have the permission of the landlord or his successor in estate to

hold over for a full year under the same terms and conditions as the original tenancy, and

such tenant shall not be guilty of an unlawful detainer for such period by reason of his

holding over;

The remedies available herein shall be available to a tenant to regain

possession from a subtenant in appropriate cases; and

No person other than the tenant of the premises and subtenant if there is

one in actual occupation of the premises at the time the action is commenced need be

made a party defendant. Any person entering into possession with the consent of the

tenant after an action is commenced for forcible entry or forcible or unlawful detainer

shall be bound by such action, whether made a party or not.

(7)

Judgment

If at trial, whether with or without a jury, the finding is in favor of the

plaintiff and against the defendant, judgment shall be entered for the restitution of the

premises to the plaintiff;

In a proceeding for unlawful detainer for neglect or failure to perform any

condition or covenant under a lease or agreement under which property is held, or after

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default the payment of rent, the judgment shall declare the forfeiture of such lease or

agreement;

At trial, the finder of fact, whether the jury or the judge without a jury,

shall also assess damages caused to the plaintiff by the forcible entry or forcible or

unlawful detainer, including damage for waste by the defendant during the tenancy, if

proved, and shall also find the amount of rent due is such is in issue; and

When the action is for unlawful detainer after defaulting in the payment of

rent and the lease or agreement under which the rent is payable has not by its terms

expired, execution upon the judgment shall not issue until five (5) days after the entry of

the judgment, within which time the tenant or any subtenant, or other party interested in

the continuance of the term may pay into the court for the landlord the amount of the

judgment and costs and thereupon that portion of the judgment shall be satisfied and the

tenant*s estate shall be restored. However, if such payment is not made within five (5)

days, the judgment may be enforced in its full amount and for the possession of the

premises. In all other cases, the judgment may be enforced immediately.

(8)

Time for Appeal

The time in which an appeal, if any, shall be taken from an action for

forcible entry or forcible or unlawful detainer shall be ten (10) days and the appellate

court may, but need not, allow expedited handling of such appeal; and

Appeals in other actions to recover possession of real property shall be

handled in the usual manner.

CHAPTER 16

INVOLUNTARY COMMITMENT OF THE SERIOUSLY MENTALLY

ILL

This is a code to provide for the involuntary commitment and treatment of persons who

are seriously mentally ill.

Section 14-16-1

(1)

Definitions

“Applicant” means the person filing the petition to have someone committed.

(2)

“Appropriate facility” is a treatment facility approved for payment by Indian

Health Service.

(3)

“Court” means Shoshone and Arapaho Tribal Court of the Wind River

Reservation.

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(4)

“Emergency situation” means a situation in which another person is in imminent

danger of death or serious bodily harm from the activity of a person who appears to be seriously

mentally ill, or the seriously mentally ill person himself is in imminent danger of seriously

harming himself.

(5)

“Emergency psychiatric admission” against the patient*s will is intended for

situations in which a patient, because of mental illness, poses an immediate physical threat to the

life and limb of others or when in the judgment of a professional person the patient is in

immediate danger of harming himself. In this respect, prevention of significant injury to

property may be considered.

(6)

“Immediate family” includes mother, father, brothers, sisters, or grandparents.

An aunt, uncle or cousin would be considered as immediate family if the individual was raised in

part or whole by and with them.

(7)

“Legal representative” means anyone who is permitted to practice in tribal court

on the Wind River Reservation.

(8)

“Mental disorder” means any organic, mental or emotional impairment which has

substantial adverse effects on an individual’s cognitive or volitional functions.

(9)

“Mental health facility” means a public hospital or licensed private hospital which

is equipped and staffed to provide treatment for persons with mental disorders or a community

mental health center or any mental health clinic or treatment center. A correctional institution or

facility or jail is a mental health facility in the meaning of this definition for emergency

purposes.

(10) “Next of kin” shall include but need not be limited to the spouse, parents, adult

children, and adult brothers and sisters of a person.

(11)

“Patient” means a person committed by the court for treatment for any period of

(12)

“Peace officer” means any tribal policeman or BIA police officer.

time.

(13) “Professional person” means a medical doctor or a person trained in the field of

mental health and certified by the state.

(14) “Reasonable medical certainty” means reasonable certainty as judged by the

standards of a professional person.

(15) “Respondent” means a person alleged in a petition filed pursuant to this code to

be seriously mentally ill.

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(16) “Responsible person” means any person willing and able to assume responsibility

for a seriously mentally ill person including next of kin, legal guardian, or any other person

appointed by the court. Only one person at a time may be the responsible person.

(17) “Seriously mentally ill” means suffering from a mental disorder which has

resulted in self-inflicted injury or injury to others or the imminent threat thereof or which has

deprived the person afflicted of the ability to protect his life or health. No person may be

involuntarily committed to a mental health facility or detained for evaluation and treatment

because he is an epileptic, mentally deficient, mentally retarded, senile, or suffering from a

mental disorder unless the condition causes him or her to be seriously mentally ill within the

meaning of the definition.

Section 14-16-2

Court Records

A record shall be made of all hearings for commitment. Such record shall be made by a

stenographer or by tape recording. The tape recording, petition, mental health evaluation, notice

of hearing, and court order of disposition shall be maintained by the court in a numbered file.

The records of these hearings shall be maintained in a locked file and shall not be open to the

public. These records shall be separate from other court records and shall be opened only under

court order for good cause shown.

Section 14-16-3

Procedural Rights

In addition to any other rights which may be guaranteed by the Constitution of the United

State and the laws of the tribes, any person who is involuntarily detained or against whom a

petition is filed pursuant to this statute will be notified by the court and tribal police of the

following rights to due process:

(1)

The right to reasonable advance notice of a hearing as defined in sections.

(2)

The right to be present at the hearing and to offer any relevant evidence and

witnesses concerning his alleged mental illness.

(3)

The right to question witnesses during the hearing.

(4)

The right to be represented by a responsible person and/or a legal representative.

(5)

The right to remain silent.

(6)

The right to have the evidence presented against him meet the rules of evidence

applicable to civil matters generally.

(7)

The right to view and copy all documents on file with the court concerning him.

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(8)

The right to be examined by another professional person of his choice.

(9)

The right to appeal the order of the court and to be so notified of this right.

(10) The right to refuse medication within twenty-four (24) hours preceding the

hearing unless a professional person determines that the patient will harm himself, others, or

property.

Section 14-16-4

Waiver of Rights

(1)

A person may waive his rights, but if the person is not capable of making any

intentional and knowing decision, these rights may be waived by his counsel and responsible

person acting together if a record is made of the reasons for the waiver. The right to a legal

representative may not be waived. The right to treatment provided for in this part may not be

waived.

(2)

The presence of respondent at the hearing may be waived by the responsible

person and legal representative in consultation with the professional person that the presence of

the respondent at this hearing would seriously, adversely affect his mental condition and no

alternative location would prevent such adverse effects on his mental condition.

Section 14-16-5

Filing of Petition

(1)

Any person acting on good faith upon either actual knowledge or reliable

information shall not be subject to civil or criminal liability for bringing an application under this

code to the court. Any person who, without probable cause or with malicious intent shall make

application for commitment alleging that another person is mentally ill, shall be guilty of a

misdemeanor punishable by imprisonment not to exceed one hundred eighty (180) days or a fine

not to exceed $500.00 or both.

(2)

When any person is alleged to be seriously mentally ill or in an emergency

situation as defined in the foregoing part such that immediate treatment is necessary for the

protection of himself or others from physical harm, any person eighteen (18) years of age or

older may petition the Wind River Tribal Court stating the factual basis for concluding that such

person is seriously mentally ill and in need of immediate treatment. The petition shall be on a

form designated by the court and verified by affidavit.

(3)

The petition to the court shall include the following information (Form XIV-24):

Name and address of applicant;

Name, age, address of respondent;

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Name and address of nearest relative;

A statement by the person filing the petition that he believes, on the basis

of personal observation, that the person is, as a result of mental illness, a danger to

himself or others;

based; and

The specific nature of the danger;

A summary of the observations upon which the statement of danger is

A statement of facts which called the person to be committed to the

applicant*s attention.

(4)

A petition for commitment shall be accompanied by the evaluation of a

professional person unless after reasonable effort this cannot be accomplished, in which case

those circumstances shall be documented for the court and attached to the petition. (Form

XIV-25)

Section 14-16-6

Detention to be in Least Restrictive Environment.

(1)

A person detained pursuant to this code shall be detained in the least restrictive

environment to protect life and physical safety of person detained or members of the public; in

this respect, prevention of significant injury to property may be considered.

(2)

A person may be detained in a jail only if no mental health facility is available or

if the available mental health facilities are inadequate to protect the person detained and the

public. As soon as a mental health facility becomes available or the situation has changed

sufficiently that an available mental health facility is adequate for the protection of the person

detained, then the detained person shall be transferred from the jail to the mental health facility.

(3)

A person detained prior to involuntary commitment may apply to court for

immediate relief with respect to the need for detention or the adequacy of the facility being

utilized to detain.

Section 14-16-7

Emergency Detention

(1)

If, on the basis of the petition and accompanying documents, the court determines

that an emergency situation exists as defined in Section (1), the court may order the respondent

to be detained for a period not to exceed seventy-two (72) hours pursuant to Section 7 of this

code. (Form XIV-26)

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(2)

In an emergency situation as defined in Section (1), a physician may treat a

patient against their will to prevent harm to the life and limb of the patient or others.

(3)

If an emergency situation occurs during normal working hours, a petition will be

filed with the court. If the court finds that an emergency situation exists, a court order

committing the patient to IHS for evaluation and treatment until the emergency no longer exists

as determined by the professional person, but not to exceed seventy-two (72) hours, will be

issued.

(4)

If an emergency situation arises outside of normal working hours, the patient may

be admitted by the physician to an appropriate facility for evaluation and treatment. On the next

working day, the court shall be provided with written documentation of the emergency situation.

A petition for commitment must also be filed with the court on the next working day. If the

court finds on the basis of the documentation provided that probable cause exists, a court order

committing the patient to IHS for evaluation and treatment for a period not to exceed seventytwo (72) hours will be issued.

Section 14-16-8

Notice of Hearing

(1)

If, on the basis of the petition and accompanying documents, the court finds that

probable cause exists, a date will be set for a hearing no later than seven (7) days from the date

of petition. Proper notice will be provided by the court. As much notice as possible not to

exceed seven (7) days and not less than twenty-four (24) hours shall be given to the respondent.

(2)

The notice of a hearing shall be given in writing by personal notice of the court to

the allegedly mentally ill person not less than twenty-four (24) hours prior to the hearing date.

The responsible person, counsel for the respondent, and professional person will be notified

verbally by the court of the hearing date.

(3)

If the respondent does not respond voluntarily to the notice of hearing, the judge

may order the patient apprehended and detained pursuant to Section (7) of this code.

(4)

If the respondent has not been evaluated by a professional person within ten (10)

days of the date of the hearing, the court will provide notice to the respondent to voluntarily

submit to evaluation.

(5)

If the respondent does not voluntarily submit within twenty-four (24) hours to

evaluation by a professional person, the court may order the allegedly mentally ill person

apprehended and detained pursuant to Section (7) of this code.

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Section 14-16-9

Hearing on Petition

(1)

The respondent shall be present unless his presence has been waived as provided

in Section (4) and he shall be represented by a legal representative and a responsible person.

The hearing shall be limited to the determination of whether or not the respondent is seriously

mentally ill within the meaning set forth in this part.

(2)

The persons required to be at the hearing are:

The patient, unless his condition absolutely prohibits this as testified to by

a professional person and agreed to by the appointed responsible person or legal

representative for the seriously mentally ill person;

A responsible person acting for the allegedly mentally ill person;

The tribal judge;

Tribal prosecutor;

A professional person; and

A legal representative of the patient.

(3)

The standard of proof in any hearing held pursuant to this section is proof by clear

and convincing evidence with respect to the physical facts or evidence as to all other matters,

except that mental disorders shall be evidenced to a reasonable medical certainty. Imminent

threat of self-inflicted injury or injury to others shall be evidenced by overt acts sufficiently

recent in time to be relevant as to the respondent*s present condition.

(4)

The professional person appointed by the court shall be present for the hearing

and subject to cross-examination. The written report of the professional person that indicates the

professional person*s diagnosis may be attached to the petition, but any matter otherwise

inadmissable, such as hearsay matter, is not admissible merely because it is contained in the

report. The court may order the hearing closed to the public for protection of the respondent.

(5)

The professional person may testify as to whether the respondent is seriously

mentally ill, but this is insufficient unless it is accompanied by evidence that:

The respondent is suffering from a mental disorder as diagnosed by a

professional person using a recognized diagnostic nomenclature; and

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The mental disorder has resulted in self-inflicted injury or injury to others

or the imminent threat thereof or has deprived the person afflicted of the ability to protect

his life or health.

Section 14-16-10

Post-Hearing Disposition

(1)

If upon hearing it is determined that the patient is not seriously mentally ill within

the meaning of this code, he shall be discharged and the petition dismissed. (Form XIV-27)

(2)

If it is determined that the patient is seriously mentally ill at the conclusion of the

hearing, the court shall:

Commit the patient to IHS for treatment for a period of not more than

three (3) months; (Form XIV-28) and

Order the patient to be placed in custody of his relatives or guardian, or

some other appropriate place. (Form XIV-29)

(3)

No treatment pursuant to this section may affect the patient*s custody for longer

than three (3) months.

(4)

In determining which of the above alternatives to order, the court shall choose the

least restrictive alternative necessary to protect the patient and the public.

(5)

If it shall be shown to the satisfaction of the court that any person found to be

seriously mentally ill and a fit subject to custody and treatment cannot at once be admitted to an

appropriate facility, and cannot with safety be allowed to go at liberty, the court shall require that

the patient be suitably provided for otherwise until such admission can be arranged or until the

occasion therefor no longer exists.

Section 14-16-11

Petition for Extension of the Commitment Period

(1)

Not less than two (2) weeks prior to the end of the three-month detention period,

the professional person in charge of the patient may petition the court for extension of the

detention period. The petition shall be accompanied by a written report and evaluation of the

patient*s mental and physical condition as evaluated at the place of treatment. The report shall

also describe the course of treatment that has been undertaken for the patient and the future

course of treatment anticipated by the professional person. (Form XIV-30)

(2)

Upon filing of the petition, the court shall provide written notice to the patient, his

next of kin if reasonably available, and the patient*s legal representative. The court shall set a

time and date for the hearing within ten (10) days from the receipt of the petition to extend and

notify the same people including the professional person.

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(3)

The hearing shall be held by the tribal court at the tribal court.

(4)

If upon rehearing the court finds the patient not seriously mentally ill, according

to the meaning of this code, he shall be discharged and the petition dismissed. If the court finds

that the patient continues to suffer from serious mental illness, the court may order continued

detention and treatment not to exceed six (6) months.

(5)

Further extensions may be obtained under the same procedures described in (6) of

this section, except that the patient*s custody may not be affected for more than one (1) year

without a renewal of the commitment under the procedures set forth in sections 6, 8, and 9 of this

code and including a statement of the findings.

(6)

The court report must describe alternatives for treatment available, alternatives

investigated, and why investigated alternatives were not deemed suitable. Continuation of

hospitalization or any other alternative must be accompanied by a comprehensive individualized

plan of treatment.

Section 14-16-12

Appeal Procedure

Review of any order of short-term treatment or long-term commitment may be had by

appeal to the Wind River Appellate Court. The patient shall not be released pending appeal

unless ordered by the court.

Section 14-16-13

Civil and Legal Rights of Person Committed

Unless specifically stated by the court, a person involuntarily committed does not forfeit

any legal right or suffer any legal disability by reason of being committed except insofar as it

may be necessary to detain the person for treatment, evaluation, or care.

Section 14-16-14

Guardianship or Conservatorship

(1)

Whenever a person is committed to IHS for mental health treatment for a period

of three (3) months or longer, the court may make an order stating specifically any legal rights

which are denied the respondent. As part of its order, the court may appoint a person to act as

conservator of the respondent*s property. Any conservatorship created pursuant to this section

terminates upon the conclusion of the involuntary commitment if not sooner terminated by the

court. A conservatorship or guardianship extending beyond the period of involuntary

commitment may not be created except under the procedures set forth in the Law and Order

Code for the appointment of conservators and guardians generally.

(2)

All civil and legal rights which may be lost upon commitment are automatically

restored to the person upon termination of the commitment. This subsection, however, does not

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affect a guardianship or conservatorship created independent of the involuntary commitment

procedure.

CHAPTER 17

BUSINESS LICENSE CODE

Section 14-17-1

Purpose

This code has the following purposes:

(1)

To make it possible for the Shoshone and Arapaho Tribes to monitor and regulate

business development on the Wind River Reservation so that scarce commercial land is used to

further tribal goals as much as possible, so that other reservation resources are not abused and

over-exploited, and so that the health, safety, and welfare or reservation residents are not

threatened.

(2)

To ensure that people who benefit from regular use of reservation land and other

reservation resources contribute to tribal efforts to protect and rationally develop those resources.

This code should be liberally interpreted to achieve the purposes stated here.

Section 14-17-2

Business License Required

Every person who carries on business activity within the Wind River Reservation must

obtain a Wind River tribal license for the business that will be carried on. This does not apply to

businesses wholly owned by the Shoshone and Arapaho Tribes, or to Indians trading and selling

traditional arts and craft items. (Form XIV-31)

Section 14-17-3

Definitions

(1)

For the purposes of this code, “business” means any activity whose goal is

financial gain, benefit, or advantage to the person(s) who engage in the activity. It includes

provision of services.

(2)

“Person” means any individual, partnership, corporation, trust, estate, or group of

individuals acting in association, except Indians trading and selling traditional arts and craft

items.

(3)

For the purposes of this code, a person shall be regarded as carrying on business

activity within the Wind River Reservation if the business or any part of it is conducted on or

from a location within the reservation boundaries, whether the activity is seasonal, temporary, or

continuous. The code is not intended to apply to persons who neither have a place of business

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located on the reservation nor occupy reservation land or use reservation resources in carrying

on their business activity under a valid lease with the tribes, or other permit or license.

Section 14-17-4

More than One Business

Any person who carries on more than one kind of integrated business on the reservation

must obtain a separate business license for each kind of business.

Section 14-17-5

Licenses Good One (1) Year

Tribal business licenses shall be good for one (1) year. Each license shall expire on

January 31 of each year unless it is renewed by that date. A person who begins business activity

during the licensing year must obtain a license before beginning and must pay the full license fee

for that year.

Section 14-17-6

Application for License

(1)

Every person who wants to get a tribal business license must submit a written

application to the Joint Business Council. The applicant must submit with his application a fee

of $5.00. If the application is granted, this $5.00 application fee will be credited toward the

annual business license fee. (Form XIV-32)

(2)

Every application for a business license shall contain the following information:

Name of the applicant;

Names and residence addresses of all partners or officers of the business;

Principal place of applicant*s business;

Address or other description of all reservation locations where business

will be conducted;

Name and address of an agent of the business who lives or works on the

reservation and who will accept service of legal process for the applicant;

Nature of the business to be carried on; and

Any other information required by the Joint Tribal Council.

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Section 14-17-7

Action on Application

(1)

Within thirty (30) days after an application for a tribal business license is

submitted, the Joint Business Council shall consider the application and take action on it. The

Joint Business Council may grant the application, grant it subject to certain conditions, deny it,

or ask the applicant to provide more information regarding his plans. The application may be

denied if it appears that the business proposed would pose a danger to the health or welfare of

reservation residents, that the activities planned would be inconsistent with tribal comprehensive

plans or tribal laws, or that the applicant has previously been found guilty of violating tribal

licensing, tax, or land use.

(2)

An applicant may appeal the Joint Business Council decision to the tribal court.

Section 14-17-8

License Fees

(1)

Every person who is granted an annual tribal business license must pay a license

fee no later than five (5) days after the license is granted. A penalty of $10.00 will be imposed

for late payment of a fee.

(2)

The business license fee schedule is as follows:

For operation of general mercantile business, including retail sales of

groceries and dry goods: $50.00;

For the operation of a Christmas tree farm: $25.00;

For the operation of a financial institution (bank, savings and loan, credit

union), motel, hotel, rental cabins, rooming house, resort: $50.00;

For the operation of a gasoline service station, automobile and machine

repair service: $25.00;

For the operation of a public utility: $50.00;

For the operation of a professional services, except those licensed by other

entities: $25.00;

For the operation of a restaurant: $25.00;

For the operation of a timber harvest and sales: $25.00; and

For the operation of other: $25.00.

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Section 14-17-9

License Must be Displayed

Every business licensed by the Shoshone and Arapaho Tribes must display the license

prominently at its principal place of business on the Wind River Reservation. If the business has

no structure or suitable location on the reservation where the license can be displayed, it must

display the license at its place of business closest to the reservation.

Section 14-17-10

Revoking a License

(1)

Violation of any provision of this code, failure to meet the conditions of a license

granted by the tribes, or failure to pay any tribal taxes imposed on a business may be grounds for

revoking a Wind River tribal business license.

(2)

Whenever the Joint Business Council has probable cause to believe that there are

grounds for revoking a business license, the Council shall deliver to the agent of the licensed

business an order which requires the license holder to appear before the council. At the hearing

before the council, the license holder shall be given a fair chance to show why his license should

not be revoked. If the license holder fails to appear, the license may be revoked.

(3)

If the Joint Business Council revokes a business license, the license holder may

appeal this decision to the tribal court.

Section 14-17-11

Operating Unlicensed Business

If any person who does not have a valid tribal license carries on a business within the

Wind River Reservation, the tribal council may take the following remedial actions:

(1)

The council may bring a civil suit in the Wind River Tribal Court. If the court

finds that defendant has carried on a business without the required license, the court may either

Impose a civil fine not to exceed $350.00;

Order defendant to stop further unlicensed business activity; or

Take both of these actions.

A fine imposed pursuant to this section shall become a lien upon any property of

defendant which is located within the jurisdiction of the tribal court.

(2)

The tribal council may bring suit, as provided in the Rules of Civil Procedure of

the Wind River Tribal Court, against property which is being or has been used on the reservation

in violation of this code. The court shall order the forfeiture of any property which it finds to

have been used this way.

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(3)

If the tribal court finds that a person has violated this code more than once, the

tribal council may start proceedings to exclude the person from the Wind River Reservation.

(4)

When necessary to enforce a tribal court judgment, the tribes may bring suit in

any other court to reach property of the defendant which is located outside the Wind River

Reservation.

Section 14-17-12

Use of Revenues

Money collected pursuant to this code shall be deposited in the tribal general fund and

used to cover administrative costs of the tribes licensing and tax programs.

CHAPTER 18

ABANDONED VEHICLES

Section 14-18-1

Presumption, Notice, Impoundment

(1)

A vehicle is presumed to be abandoned if it is left unattended on any highway

within the reservation for more than twenty four (24) hours after a notice of intent to impound

has been placed on it by a police officer or is left on any public or private property without

express consent of the property owner or person in lawful possession or control of the property

for more than five (5) days.

(2)

Notice of Intent to Impound (Form XIV-33)

A notice of intent to impound an abandoned vehicle shall be placed in a

prominent position on a vehicle when a police officer reasonably believes it is

abandoned;

The notice shall remain on the vehicle at least twenty four (24) hours prior

to removal; and

After twenty four (24) hours, any officer may have the abandoned vehicle

removed to a place of impoundment and safe storage.

(3)

Removal and storage is at the expense of the owner.

(4)

The police department shall then notify the vehicle owner, the lien holder and

place of impoundment that the vehicle has been impounded and that the owner or lien holder has

thirty (30) days to redeem the vehicle. The thirty (30) days shall begin four (4) days after notice

is mailed.

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(5)

Any person showing proof of ownership or right of possession may redeem the

vehicle within thirty (30) days by paying the costs of towing, storage and other costs of

impoundment, if any.

Section 14-18-2

When Not Redeemed

(1)

After thirty (30) days, if no one shows proof of ownership or possession, the

vehicle may be sold by the police chief.

(2)

The sale is by public auction and notice of the sale, giving a full description of the

vehicle with engine or serial marks or numbers, if any, and the amount of money claimed to be

due thereon and the time and place of sale.

(3)

After the sale, the proceeds are to pay all expenses incident to the sale and storage

of the vehicle. Any residue shall be paid in the general fund of the Shoshone and Arapaho

Tribes to be used as they designate.

(4)

The police chief shall give the purchaser a certificate of sale upon which the

purchaser may obtain a new title to the vehicle.

CHAPTER 19

CHILD CUSTODY JURISDICTION ACT

Section 14-19-1

Title

This act may be cited as the Uniform Child Custody Jurisdiction Act.

Section 14-19-2

(1)

Purpose

The general purposes of this act are:

To avoid jurisdictional competition and conflict with courts of other tribes

or states in matters of child custody which have in the past resulted in the shifting of

children from jurisdiction to jurisdiction with harmful effects on their well-being;

To promote cooperation with the courts of other tribes and states to the

end that a custody decree is rendered by that tribe or state which can best decide the case

in the interest of the child;

To assure that litigation concerning the custody of a child take place

ordinarily on the reservation or in the state with which the child and his family have the

closest connection and where significant evidence concerning his care, protection,

training and personal relationships is most readily available, and that the Shoshone and

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Arapaho Tribal Court decline the exercise of jurisdiction when the child and his family

have a closer connection with another tribe or state;

To discourage continuing controversies over child custody in the interest

of greater stability of home environment and of secure family relationships for the child;

To deter abductions and other unilateral removals of children undertaken

to obtain custody awards;

To avoid re-litigation of custody decisions of other tribes or states in the

Shoshone and Arapaho Tribal Court insofar as feasible;

To facilitate the enforcement of custody decrees of other tribes or states;

To promote and expand the exchange of information and other forms of

mutual assistance between the Shoshone and Arapaho Tribal Court and those of other

tribes or states concerned with the same child; and

To make uniform the law of those tribes and states which enact it.

(2)

The provisions of this act shall be construed to promote the general purposes

stated in this section.

Section 14-19-3

(1)

Definitions

As used in this act:

“Contestant” means a person who claims a right to custody or visitation

rights with respect to a child;

“Custody determination” means a court order and instructions providing

for the custody of child including visitation rights, but does not include a decision

relating to child support or any other monetary obligation of any person;

“Custody proceeding” includes proceedings in which a custody

determination is one of several issues, such as an action for divorce or separation, and

includes child neglect and dependency proceedings except as governed by the Indian

Child Welfare Act;

“Decree” or “custody decree” means a custody determination contained in

a judicial decree made in a custody proceeding, and includes an initial decree and a

modification decree;

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“Home jurisdiction” means the reservation or state in which the child

immediately preceding the time involved has lived with his parents, a parent or a person

acting as parent, for at least six (6) consecutive months, and in the case of a child less

than six (6) months old the jurisdiction in which the child has lived since birth with any

of the persons mentioned. Periods of temporary absence of any of the named persons are

counted as part of the six (6) month or other period;

“Initial decree” means the first custody decree concerning a particular

child;

“Modification decree” means a custody decree which modifies or replaces

a prior decree, whether made by the court which rendered the prior decree or by another

court;

“Physical custody” means actual possession and control of a child;

“Person acting as parent” means a person other than a parent who has

physical custody of a child and who has either been awarded custody by a court or claims

a right to custody;

“State” means any state, territory or possession of the United States, the

commonwealth of Puerto Rico or the District of Columbia;

“Tribe” means any federally recognized Indian tribe; and

“This reservation” means the Wind River Indian Reservation.

Section 14-19-4

Jurisdiction to Make Child Custody Determination

(1)

A court of the Shoshone and Arapaho Tribes competent to decide child custody

matters has jurisdiction to make a child custody determination by initial decree or modification

decree if:

This reservation is the home of the child at the time of commencement of

the proceeding, or was the child*s home within six (6) months before commencement of

the proceeding and the child is absent from the reservation because of his removal of

retention by a person claiming his custody or for other reasons, and a parent or person

acting as parent continues to live on this reservation;

It is in the best interest of the child that a court of the Shoshone and

Arapaho Tribes assume jurisdiction because the child and his parents, or the child and or

at least one (1) contestant, have a significant connection with the tribes including tribal

membership status and there is available on this reservation substantial evidence

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concerning the child*s present or future care, protection, training and personal

relationships;

The child is physically present on this reservation and has been abandoned

or if it is necessary in an emergency to protect the child because he has been subjected to

or threatened with mistreatment or abuse or is otherwise neglected or dependent; or

It appears that no other tribe or state would have jurisdiction under

prerequisites substantially in accordance with paragraphs (a), (b) or (c) of this subsection,

or another tribe or state has declined to exercise jurisdiction on the grounds that this

reservation is the more appropriate forum to determine the custody of the child and it is

in the best interest of the child that the Shoshone and Arapaho Tribal Court assume

jurisdiction.

(2)

Except under paragraphs (1) (c) and (d) of this section, physical presence on this

reservation of the child or of the child and one (1) of the contestants is not alone sufficient to

confer jurisdiction on a court of this reservation to make a child custody determination.

(3)

Physical presence of the child, while desirable, is not a prerequisite for

jurisdiction to determine his custody.

Section 14-19-5

Notice Before Decree

Before making a decree under this act, reasonable notice and opportunity to be heard

shall be given to the contestants, any parent whose parental rights have not been previously

terminated and any person who has physical custody of the child.

Section 14-19-6

Notice of Exercise of Jurisdiction over Person Outside this Reservation;

Time; Service; Exception

(1)

Notice required for the exercise of jurisdiction over a person outside this

reservation shall be given in a manner reasonably calculated to give actual notice, and may be:

By personal delivery outside this reservation in the manner prescribed for

service of process within this reservation;

In the manner prescribed by the law of the place in which the service is

made for service of process in that place in an action in any of its courts of general

jurisdiction;

receipt; or

By any form of mail addressed to the person to be served and requesting a

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As directed by the court including publication if other means of

notification are ineffective.

(2)

Notice under this section shall be served, mailed, delivered or last published at

least twenty (20) days before any hearing on this reservation.

(3)

Proof of service outside this reservation may be made by affidavit of the

individual who made the service, or in the manner prescribed by the law of this reservation, the

order pursuant to which the service is made or the law of the place in which the service is made.

If service is made by mail, proof may be a receipt signed by the addressee or other evidence of

delivery to the addressee.

(4)

Notice is not required if a person submits to the jurisdiction of the court.

Section 14-19-7

Exercise of Jurisdiction by Shoshone and Arapaho Tribal Court;

Proceedings on Other Reservations or in States

(1)

A court of this reservation shall not exercise its jurisdiction under this act if, at the

time of filing the petition, a proceeding concerning the custody of the same child was pending in

a court of another tribe or state exercising jurisdiction substantially in conformity with this act,

unless the proceeding is stayed by the court of the other tribe or state because this reservation is

a more appropriate forum or for other reasons.

(2)

Before hearing the petition in a custody proceeding, the court shall examine the

pleadings and other information supplied by the parties under section 14-19-10 and shall consult

the child custody registry established under section 14-19-17 concerning the pendency of

proceedings with respect to the child on other reservations or in states. If the court has reason to

believe that proceedings may be pending in another tribe or state, the court shall direct an inquiry

to the tribe or state court administrator or other appropriate official of the other tribe or state.

(3)

If the court is informed during the course of the proceeding that a proceeding

concerning the custody of the child was pending in another tribe or state before this court

assumed jurisdiction, the court shall stay the proceeding and communicate with the court in

which the other proceeding is pending to the end that the issue may be litigated in the more

appropriate forum and that information be exchanged in accordance with section 14-19-22

through section 14-19-23. If a court of this reservation has made a custody decree before being

informed of a pending proceeding in a court of another tribe or state, it shall immediately inform

that court of this fact. If the court is informed that a proceeding was commenced on another

reservation or state after this court assumed jurisdiction, it shall likewise inform the other court

to the end that the issues may be litigated in the most appropriate forum.

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Section 14-19-8

Court May Decline to Exercise Jurisdiction

(1)

A court which has jurisdiction under this act to make an initial decree or a

modification decree may decline to exercise its jurisdiction any time before making a decree if it

finds that it is an inconvenient forum to make a custody determination under the circumstances

of the case and that a court of another tribe or state is a more appropriate forum.

(2)

A finding of inconvenient forum may be made upon a court*s own motion or upon

motion of a party or a guardian ad litem or other representative of the child.

(3)

In order to determine whether it is an inconvenient forum, the court shall consider

whether it is in the interest of the child that another tribe or state assume jurisdiction, and for this

purpose may take into account the following factors, among others:

jurisdiction;

Whether another tribe or state is or recently was the child*s home

Whether another tribe or state has a closer connection with the child and

his family or with the child and one (1) or more of the contestants;

Whether substantial evidence concerning the child*s present or future care,

protection, training and personal relationships is more readily available on another

reservation or state;

Whether the parties have agreed on another forum which is no less

appropriate; and

Whether the exercise of jurisdiction by a court of this state would

contravene any of the purposes stated in section 14-19-2.

(4)

Before determining whether to decline or retain jurisdiction the court may

communicate with a court of another tribe or state and exchange information pertinent to the

assumption of jurisdiction by either court with a view to assuring that jurisdiction will be

exercised by the most appropriate court and that a forum will be available to the parties.

(5)

If the court finds that it is an inconvenient forum and that a court of another tribe

or state is a more appropriate forum, it may dismiss the proceedings, or it may stay the

proceedings upon the condition that a custody proceeding be promptly commenced in another

named reservation or state or upon any other conditions which may be just and proper, including

the condition that a moving party stipulate his consent and submission to the jurisdiction of the

other forum.

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(6)

The court may decline to exercise its jurisdiction under this act if a custody

determination is incidental to an action for divorce or other proceeding, while retaining

jurisdiction over the divorce or other proceeding.

(7)

Whenever it appears to the court that it is clearly an inappropriate forum, it may

require the party who commenced the proceeding to pay, in addition to the costs of the

proceedings on this reservation, necessary travel and other expenses including attorneys* fees

incurred by other parties or their witnesses. Payment is to be made to the clerk of the court for

remittance to the proper party.

(8)

Upon dismissal or stay of proceedings under this section, the court shall inform

the court found to be the more appropriate forum of this fact, or if the court would have

jurisdiction on the other reservation or state is not certainly known, shall transmit the

information to the court administrator or other appropriate official for forwarding to the

appropriate court.

(9)

Any communication received from another tribe or state informing this

reservation of a finding of inconvenient forum because a court of this reservation is the more

appropriate forum shall be filed in the custody registry of the appropriate court. Upon assuming

jurisdiction in the case, the court of this reservation shall inform the original court of this fact.

Section 14-19-9

Wrongful or Improper Removal of a Child from Another Tribe or State

(1)

If the petitioner for an initial decree has wrongfully taken the child from another

reservation or state or has engaged in similar reprehensible conduct, the court in its discretion

may decline to exercise jurisdiction.

(2)

Unless required in the interest of the child and subject to section 14-19-15, the

court shall not exercise its jurisdiction to modify a custody decree of another tribe or state if the

petitioner without consent of the person entitled to custody has improperly removed the child

from the physical custody of the person entitled to custody or has improperly retained the child

after a visit or other temporary relinquishment of physical custody. If the petitioner has violated

any other provision of a custody decree of another tribe or state, the court in its discretion and

subject to section 14-19-8 may decline to exercise jurisdiction.

(3)

In appropriate cases, a court dismissing a petition under this section may charge

the petitioner with necessary travel expenses and other expenses, including attorneys* fees,

incurred by other parties or their witnesses.

Section 14-19-10

Custody Proceedings; Required Information

(1)

Every party in a custody proceeding in his first pleading or in an affidavit

attached to that pleading shall give information under oath as to the child*s present address, the

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places where the child has lived within the last five (5) years, and the names and present

addresses of the persons with whom the child has lived during that period. In this pleading or

affidavit, every party shall further declare under oath:

Whether he has participated in any capacity in any other litigation

concerning the custody of the same child in this or any other tribe or state;

Whether he has information of any custody proceeding concerning the

child pending in a court of this or any other reservation or state, and

Whether he knows of any person not a party to the proceeding who has

physical custody of the child or claims to have custody or visitation rights with respect to

the child.

(2)

If the declaration as to any of the above items is in the affirmative, the declarant

shall give additional information under oath as required by the court. The court may examine

the parties under oath as to details of the information furnished and as to other matters pertinent

to the court*s jurisdiction and the disposition of the case.

(3)

Each party has a continuing duty to inform the court of any custody proceeding

concerning the child in this or any other reservation or state of which he obtained information

during this proceeding.

Section 14-19-11

Person having Custody to be Joined as a Party

Whenever the court learns that a person not a party to the custody proceeding has

physical custody of the child or claims to have custody or visitation rights with respect to the

child, it shall order that person to be joined as a party and to be duly notified of the pendency of

the proceeding and of his joinder as a party. If the person joined as a party is outside this

reservation, he shall be served with process or otherwise notified in accordance with section

14-19-6.

Section 14-19-12

Court May Order Party to Proceeding to Appear

(1)

The court may order any party to the proceeding who is on this reservation to

appear personally before the court. If that party has physical custody of the child, the court may

order that he appear personally with the child.

(2)

If a party to the proceeding whose presence is desired by the court is outside the

reservation with or without the child, the court may order that the notice given under section

14-19-6 include a statement directing that party to appear personally with or without the child

and declaring that failure to appear may result in a decision adverse to that party.

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(3)

If a party to the proceeding who is outside the reservation is directed to appear

under subsection (2) of this section or desires to appear personally before the court with or

without the child, the court may require another party to pay to the clerk of the court travel and

other necessary expenses of the party so appearing and of the child.

Section 14-19-13

Custody Decree Binding on All Parties

A custody decree rendered by a court of this reservation which had jurisdiction under

section 14-19-7 binds all parties who have been served on this reservation or notified in

accordance with section 14-19-6 or who have submitted to the jurisdiction of the court and who

have been given an opportunity to be heard. As to these parties, the custody decree is conclusive

as to all issues of law and fact decided and as to the custody determination made until that

determination is modified pursuant to law.

Section 14-19-14

Recognition and Enforcement of Initial or Modification Decree made by

Court of another Tribe or State

The courts of this reservation shall recognize and enforce an initial or modification

decree of another tribe or state which had assumed jurisdiction under statutory provisions

substantially in accordance with this act, or which was made under factual circumstances

meeting the jurisdictional standards of the act, so long as this decree has not been modified in

accordance with jurisdictional standards substantially similar to those of this act.

Section 14-19-15

Modifying Custody Decree Made by Court of Another Tribe or State

(1)

If a court of another tribe or state has made a custody decree, a court of this

reservation shall not modify that decree unless it appears that the court which rendered the

decree does not have jurisdiction under jurisdictional prerequisites substantially in accordance

with this act or has declined to assume jurisdiction to modify the decree, and the court of this

reservation has jurisdiction.

(2)

If a court of this reservation is authorized under subsection (1) of this section and

section 14-19-4 to modify a custody decree of another tribe or state, it shall give due

consideration to the transcript of the record and other documents of all previous proceedings

submitted to it in accordance with section 14-19-23.

Section 14-19-16

Effect of Custody Decree Made by Court of Another Tribe or State

(1)

A certified copy of a custody decree of another tribe or state may be filed in the

office of the clerk of the Shoshone and Arapaho Tribal Court. The clerk shall treat the decree in

the same manner as a custody decree of the Shoshone and Arapaho Tribal Court.

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(2)

A custody decree so filed has the same effect and shall be enforced in like manner

as a custody decree rendered by a court of this reservation.

(3)

A person violating a custody decree of another tribe or state making it necessary

to enforce the decree on this reservation may be required to pay necessary travel and other

expenses including attorneys* fees incurred by the party entitled to the custody of his witnesses.

Section 14-19-17

Clerk of Tribal Court to Maintain Registry; Contents

(1)

The clerk of the Shoshone and Arapaho Tribal Court shall main a registry in

which he shall enter: (Form XIV-34)

Certified copies of custody decrees of other tribes or states received for

filing;

Communications as to the pendency of custody proceedings in other

reservations or states;

Communications concerning a finding of inconvenient forum by a court of

another tribe or state; and

Other communications or documents concerning custody proceedings on

another reservation or state which may affect the jurisdiction of a court of this reservation

or the disposition to be made by it in a custody proceeding.

Section 14-19-18

Forwarding Copy of Decree

At the request of the court of another tribe or state or at the request of any person who is

affected by or has a legitimate interest in a custody decree, the clerk of the Shoshone and

Arapaho Tribal Court shall certify and forward a copy of the decree to that court or person.

Section 14-19-19

Testimony of Witnesses; Method of Obtaining

In addition to other procedural devices available to a party, any party to the proceeding or

a guardian ad litem or other representative of the child may adduce testimony of witnesses

including parties and the child by deposition or otherwise in another reservation or state. The

court on its own motion may direct that the testimony of a person be taken in another reservation

or state and may prescribe the manner in which and the terms upon which the testimony shall be

taken.

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Section 14-19-20

Requesting Court of Another Tribe or State to Adduce Evidence; Order

Party to Appear

(1)

A court of this reservation may request the appropriate court of another tribe or

state to hold a hearing to adduce evidence under other procedures of that tribe or state or to have

social studies made with respect to the custody of a child involved in proceedings pending in the

court of this reservation, and to forward to the court of this reservation certified copies of the

transcript of the record of the hearing, the evidence otherwise adduced or any social studies

prepared in compliance with the request. The cost of the services may be assessed against the

parties or will otherwise by paid.

(2)

A court of this reservation may request the appropriate court of another tribe or

state to order a party to custody proceeding pending in the court of this reservation to appear in

the proceedings, and if that party has physical custody of the child to appear with the child. The

request may state that travel and other necessary expenses of the party and of the child whose

appearance is desired will be assessed against another party or will otherwise be paid.

Section 14-19-21

Request from Courts of Another Tribe or State

(1)

Upon request of the court of another tribe or state, the courts of this reservation

which are competent to hear custody matters may order a person of this reservation to appear at a

hearing to adduce evidence or to produce or give evidence under other procedures available on

this reservation or may order social studies to be made for use in a custody proceeding on

another reservation or state. A certified copy of the transcript of the record of the hearing or the

evidence otherwise adduced and any social studies prepared shall be forwarded by the clerk of

the court to the requesting court.

(2)

A person within this reservation may voluntarily give his testimony or statement

on this reservation for use in a custody proceeding outside this reservation.

(3)

Upon request of the court of another tribe or state, a competent court of this

reservation may order a person in this reservation to appear along or with the child in a custody

proceeding in another reservation or state. The court may condition compliance with the request

upon assurance by the other tribe or state that travel and other necessary expenses will be

advanced or reimbursed.

Section 14-19-22

Preserving Records of Custody Proceedings

In any custody proceeding on this reservation, the court shall preserve the pleadings,

orders and decrees, any record that has been made of its hearings, social studies and other

pertinent documents until the child reaches twenty-one (21) years of age. Upon appropriate

request of the court of another tribe or state, the court shall forward to the other court certified

copies of any or all of such documents.

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Section 14-19-23

Custody Proceedings; Record from Another Reservation or State

Whenever a custody decree has been rendered on another reservation or state concerning

a child involved in a custody proceeding pending in a court of this reservation, the court of this

reservation, upon taking jurisdiction of the case, shall request of the court of the other tribe or

state a certified copy of the transcript of any court record and other documents mentioned in

section 14-19-23.

Section 14-19-24

Policies of Act Applicable to International Area

The general policies of this act extend to the international area. The provisions of this act

relating to the recognition and enforcement of custody decrees of other tribes or states apply to

custody decrees and decrees involving legal institutions similar in nature to custody rendered by

appropriate authorities of other nations if reasonable notice and opportunity to be heard was

given to all affected persons.

Section 14-19-25

Priority of Custody Proceeding Raising Question or Jurisdiction

Upon request of a party to a custody proceeding which raise a question of existence or

exercise of jurisdiction under this act, the case shall be given calendar priority and handled

expeditiously.

Section 14-19-26

This Act not Inconsistent with Indian Child Welfare Act

Nothing contained in this act shall be interpreted or applied so as to conflict with the

purpose, scope or language of the Indian Child Welfare Act.

CHAPTER 20

COMMUNICABLE DISEASES

Section 14-20-1

Purpose

This code has the following purposes:

(1)

Upon application of any authorized medical officer of the United States, the

Shoshone and Arapaho Tribal Court is authorized to issue an order requiring any person subject

to the jurisdiction of the said court, who is thought to be suffering from a communicable disease,

to undergo such examination or treatment as may be necessary to protect the community from

contagion.

(2)

Any person violating such an order shall be subject to the penalties provided

under section 1-4-1, Contempt, of the Law and Order Code of the Shoshone and Arapaho Tribes.

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CHAPTER 21

CONTROL OF TRESPASS AND UNAUTHORIZED USE OF TRIBAL

AND MEMBER LANDS

Section 14-21-1

Definitions

As used in this Ordinance:

(1)

“Court” means the Tribal Court of the Eastern Shoshone and Northern Arapaho

Tribe of the Wind River Reservation, Wyoming.

(2)

“Fee land” shall mean all land within the exterior boundaries of the Wind River

Reservation not defined as “Member land” or “Tribal land.”

(3)

“Immediate family” shall mean a person related to the Member as mother, father,

spouse, son, daughter, brother, sister, grandparent, grandchild, or legal custodian or guardian,

provided that such definition also shall apply to adoptive relations when applicable. “Immediate

family” also shall include all persons permanently residing in the Member*s household, defined

as a continuous period of six (6) months or more immediately prior to any action under this

Ordinance.

(4)

“Joint Business Council” means the Eastern Shoshone Business Council and the

Northern Arapaho Business Council, the respective governing bodies of the Tribes, acting in

joint session.

(5)

“Member” means any person enrolled in either Tribe, or a member of the

immediate family of an enrolled member.

(6)

“Member land” means land titled to the United States of America in trust for a

member or members of either Tribe.

(7)

“Non-member” means any person not enrolled in either Tribe and not a member

of the immediate family of an enrolled member.

(8)

“Person” shall include members, non-members, individuals, partnerships,

corporations and any other business or governmental entity or affiliation.

(9)

“Reservation” means the Wind River Reservation, Wyoming.

(10)

“Trespass” means an unauthorized entry upon tribal or member lands.

(11) “Tribal land” means land titled to the United States of America in trust for the

Tribes, fee lands owned by either of them, or Tribal land assigned to a Tribal member.

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(12) “Tribes” means the Eastern Shoshone and Northern Arapaho Tribes of the Wind

River Reservation, Wyoming.

(13) “Unauthorized use” means any use of tribal or member land, performed or

occurring in violation of this Ordinance, applicable federal or tribal law or regulations, or

controlling permit, license, lease, or grant of right-of-way.

Section 14-21-2

Entry Upon and Use of Land

(1)

Effective Date. Due to multiple trespasses upon and unauthorized uses of tribal

and member lands, the Tribes hereby declare that enforcement of this Ordinance shall commence

effective thirty (30) days from enactment of this Ordinance by both Tribes. The effective date of

this Ordinance shall not be deemed, construed, or interpreted to mean that the Tribes have ever

given their consent in the past to the unauthorized use of their lands by any persons. Notice of

this ordinance shall be provided through compliance with the provisions of Section 14-21-6(2)

hereof.

(2)

Tribal Land.

Application. Non-members desiring to enter upon or use tribal land shall

apply in writing to the Secretary of the Joint Business Council (hereinafter “Joint

Secretary”) for a Use Permit. No non-member may enter upon or use tribal land without

a valid permit, license, lease, or grant of right-of-way from the Tribes, provided that

business invitees, for commercial or governmental purposes, or persons on Tribal

business shall be deemed to have a valid permit. Upon receipt of a Use Permit

application, the Joint Secretary shall schedule consideration of the application before the

Joint Business Council according to the procedures for scheduling routine matters for

Joint Business Council action. The Joint Business Council may grant, grant with

conditions, or deny the application. The decision of the Joint Business Council shall be

final.

If the application involves lands owned solely by one Tribe and the requested

activity will not have an impact on surrounding joint tribal lands, the Joint Secretary shall

forward the application to the Tribal Secretary for the affected Tribe. In such event, the

Business Council of the individual Tribe shall be substituted for the Joint Business

Council for purposes of application of this Ordinance.

Notification. After action by the Joint Business Council, the Joint

Secretary shall notify the applicant that a Use Permit is granted, granted with conditions

or denied. If a Use Permit is granted, the Joint Secretary will issue it in accordance with

the terms and conditions specified by the Joint Business Council, subject to approval by

the Secretary of the Interior or his authorized representative, when applicable. If a Use

Permit is denied, the Secretary will notify the applicant of the right to appeal in writing to

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the Joint Business Council within ten (10) days of receipt of the Secretary*s notice. The

Joint Business Council shall provide a hearing within ten (10) days of receiving a written

appeal, and the Joint Business Council shall within five (5) days from the hearing date

make a decision. The decision of the Joint Business Council shall be final.

Regulations. The Joint Business Council shall within sixty (60) days of

enactment of this Ordinance promulgate rules and regulations governing the criteria for

approval, disapproval, and revocation of Use Permits.

Revocation. The Joint Business Council may require the Joint Secretary

to revoke a Use Permit if the permittee is adjudged by the court to have violated this

Ordinance or any of the terms and conditions of his Use Permit. The permittee shall be

notified by the Joint Secretary of the right to appeal in writing to the Joint Business

Council within ten (10) days of receipt of the Joint Secretary*s notice. The Joint

Business Council shall provide a hearing, at which the permittee shall be allowed to

present evidence and question witnesses, within ten (10) days of receiving a written

appeal, and the Joint Business Council shall within five (5) days from the hearing date

make a decision. The decision of the Joint Business Council shall be final.

(3)

Member Land and Fee Land. Persons desiring to enter upon or use member or

fee land in which the user has no ownership interest must obtain the prior written consent of the

owner of the land. No non-member may enter upon or use member or fee land without a valid

permit, license, lease, or grant of right-of-way from the owner of the land, provided that invitees,

personal or commercial, and persons on tribal business shall be deemed to have a valid permit.

(4)

Evidence of Permission. Persons entering upon or using tribal land, member land,

or fee land are required to have upon their person evidence of permission to enter upon or use the

land and to supply such evidence to authorized enforcement officers upon request; provided, that

permission to go upon tribal land shall be presumed for those members possessing proof of their

membership in the Tribes or relationship as a member of the immediate family of an enrolled

member.

(5)

Registration. Any non-member or member in possession of a document entitling

him to use tribal or member land on the effective date hereof may register evidence of such

entitlement with the Joint Secretary. Upon registration, the Joint Secretary shall issue to the

registrant a Use Permit reflecting the location, terms, and conditions of such pre-existing

entitlement. The Use Permit here authorized shall be deemed that evidence required under

Section 14-21-2(4).

(6)

Use of Roadways. Use of valid roadways or rights-of-way by persons shall not be

prohibited hereunder if that use complies with the original purposes for which the right-of-way

or roadway was granted. Permission to use valid roadways or rights-of-way does not constitute

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permission to access lands adjacent to roadways or rights-of-way, except in compliance with

Tribal law.

(7)

Other Valid Use Documents. Nothing herein shall be construed to invalidate or

impair valid permits, licenses, leases, or grants of rights-of-way, now in existence or acquired in

the future, provided, that the terms and conditions of such permits, licenses, leases, or grants of

rights-of-way are being complied with fully.

(8)

Livestock. This Ordinance shall be inapplicable to violations of this Ordinance

by members falling within the purview of Ordinance No. 52, entitled “For the Control of Stray or

Trespassing Livestock.”

Section 14-21-3

Sanctions For Non-Compliance

(1)

Civil Redress. The Tribes and/or owners of member land may seek civil redress

and damages for trespasses upon or unauthorized uses of tribal or member.

(2)

Damages and Penalties. Any person adjudged by the Court to have trespassed

upon or engaged in unauthorized use of tribal or member land may have court costs, attorneys*

fees, and reasonable incidental and consequential damages assessed against him. In addition,

any person who violates this Ordinance may be assessed a civil penalty up to $100.00 for the

first violation and up to $500.00 for each subsequent violation, which amounts are payable to the

Joint Business Council. The purpose of a civil penalty provision is to ensure compensation to

the Tribes and/or member owners for damages resulting from a trespass or unauthorized use of

their land. In setting these penalties, the Joint Business Council has considered:

The cost and necessity of protecting tribal and member land and of

preserving peace;

The cost and necessity of replacing, protecting, and restoring natural,

cultural, and religious resources;

The cost and necessity of regulating land use and member and nonmember activity on the Reservation;

The cost and necessity of enforcement and record keeping; and

The need to deter negligent and willful or wanton injury to the interests

which this Ordinance seeks to protect, including, but not limited to, the Tribe*s and

member*s privacy and proprietary interests, and interests in personality, realty, natural

resources, cultural resources, and religious resources.

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(3)

Adjustment of Penalty Limits. The Joint Business Council may adjust the civil

penalty limits annually, and shall publish such adjustments locally and cause the same to be

made available to interested persons upon request.

(4)

Consent. All non-members, whether Indian or non-Indian, shall be deemed to

have consented to all provisions of Tribal laws, including the civil penalty allowed for herein,

and the jurisdiction of the Court by their entry upon or use of tribal or member land.

(5)

Punitive Damages. Nothing in this Ordinance shall preclude the Court from

awarding punitive damages in any action filed for a violation of this Ordinance, if the Court

determines that the person has acted wantonly, willfully, or maliciously. The Court, in assessing

punitive damages, shall determine the amount in the same manner in which it would determine

punitive damages in any other civil action.

(6)

Other Sanctions. All sanctions described herein or otherwise provided for or

allowed by law are cumulative and not exclusive of any other remedy to which the Tribes or a

member may be lawfully entitled.

Contempt. All parties to actions brought under this Ordinance, whether

members or non-members, shall be subject to the civil contempt power of the court and

may be sanctioned by any means provided for in the applicable provisions of the Tribes*

Law and Order Code; and

Exclusion. Nothing in this Ordinance shall be deemed to preclude the use

of the remedy of exclusion of non-members from the reservation, and an action for

exclusion may be initiated in conjunction with, in addition to, or in lieu of any other

enforcement procedure provided for by this Ordinance.

Section 14-21-4

Citations/Complaints

(1)

Court. The Court is hereby authorized to hear and adjudicate all causes of action

arising under this Ordinance, whether originating by Citation to the Court or by Complaint.

(2)

Enforcement. All Tribal Police Officers, Tribal Fish and Game Officers, and

131A Law Enforcement Officers (hereinafter “authorized officers”) are hereby authorized to

enforce the provisions of this Ordinance.

(3)

Citations/Complaints

If an authorized officer reasonably believes that a person has violated this

Ordinance, such officer shall issue a Citation to Court to answer for the alleged violation.

A Citation to Court shall provide the time and place for a hearing concerning the alleged

violation;

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Cited persons shall be asked to sign the Citation to Court. In the event a

cited person shall refuse to sign the Citation to Court, the officer shall make note of the

request to sign, the time and location thereof, and the refusal to sign, whereupon effective

notice shall be presumed;

Cited non-members shall be escorted from Tribal or Member land;

Any member who believes that a person has violated this Ordinance may

swear out a civil complaint alleging the general facts constituting violation, and must

cause the alleged violator to receive actual notice of such complaint against him and of

the time and place of the hearing;

Any person who is named in a Citation to Court or Complaint shall have

ample opportunity to appear in Court in his defense; and

The procedures for all court actions arising hereunder shall be governed

by the applicable provisions of the Tribes* Law and Order Code.

Section 14-21-5

Federal Prosecution

The civil remedies provided for in this Ordinance are independent of and in addition to

any federal prosecution under 18 U.S.C. 1165 or 18 U.S.C. 1163, which prosecution shall not be

precluded hereby.

Section 14-21-6

General Provisions

(1)

Severability. If any provision of this Ordinance, any regulations promulgated

hereunder, or any application hereof is held invalid by a court of competent jurisdiction, the

valid provisions of this Ordinance and the valid regulations shall continue in full force and

effect, and, to this end, the provisions of this Ordinance are declared to be severable.

Notice. As a convenience to the public, this Ordinance shall be conspicuously

posted in the Wind River Indian Agency, the Tribal Office building, and in such other public

places on and adjacent to the Reservation as the Joint Business Council may direct, including, if

permissible, the post offices in Lander, Riverton, Shoshoni, Thermopolis, and Dubois,

Wyoming. A classified advertisement shall be published in the newspapers of general

publication serving the towns mentioned above, describing the nature and purpose of the

Ordinance, specifying that copies of the Ordinance are available on request at the Wind River

Indian Agency and the Tribal Office, and identifying the places where the full text of the

Ordinance is posted. Nothing stated in this Section and no action or failure to act under this

section shall affect the validity of this Ordinance.

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History:

Chapter 21, Control of Trespass and Unauthorized Use of Tribal and Member Lands, was passed by the Shoshone

General Council on April 23, 1994, and by the Northern Arapaho Business Council on July 19, 1994. The Joint

Business Council passed Resolution No. 7243 on July 22, 1994, to confirm that all actions necessary to passage of

the law had been taken and to provide for its codification. Effective date: August 19, 1994.

Adopted 1987. Restated Nov. 1, 2004, by the Shoshone & Arapaho Tribal Court.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.