# PAWNEE NATION OF OKLAHOMA (1993)

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## Record

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

## Text

PAWNEE NATION OF OKLAHOMA
Law and Order Code

Prepared By:
Marvin E. Stepson
Attorney at Law
Fairfax, Oklahoma
October 1, 1993

PAWNEE NATION OF OKLAHOMA
Law and Order Code
General Index

Constitution
Title I

Tribal Courts

Title II

Appellate Procedure

Title III

Civil Procedure

Title IV

Evidence

Title V

Criminal Procedure

Title VI

Criminal Offenses

Title VII

Juvenile Procedure

Title VIII

Election Ordinance

Title IX

Enrollment Ordinance

Title X

Guardianship & Protective Proceedings
Act

Title XI

Conservation and Safety Code

Title XII

Natural Resource Protection Act

Title XIII

Energy Resource Protection Act

Title XIV

Cannabis sativa L. Farming Act

PAWNEE NATION OF OKLAHOMA
Law and Order Code

CONSTITUTION

Constitution of the
Pawnee Nation of Oklahoma
INDEX

Preamble
Article I

Name

Article II

Purpose

Article III

Membership of Tribe

Article IV

Pawnee Business Council

Article V

Duties of Officers

Article VI

Vacancies

Article VII

Forfeiture, Recall, Removal

Article VIII Nasharo Council
Article IX

Courts

Article X

Bill of Rights

Article XI

Amendments

Article XII

Place of Meetings

Article XIII Adoption
Article XIV Savings Clause
Article XV

Severability
Certificate of Approval

CONSTITUTION
OF THE PAWNEE NATION
OF OKLAHOMA
(Revised by Referendum vote on July 14, 1998
and as Amended on January 4, 2003 and further revised by referendum vote on
June 14, 2008)
PREAMBLE
We, the members of the four confederated bands of Indians, namely, Chaui,
Kitkehahki, Pitahawirata and Skidi which now constitute the Pawnee Nation of
Oklahoma, with faith in the purposes of our Supreme Being, with abounding
pride in our cultural heritage and the determination to promote through
marshaled efforts our social, economical and political advancement, do
solemnly ordain and establish this Pawnee Nation of Oklahoma and adopt this
constitution pursuant to the Oklahoma Indian Welfare Act of June 26, 1936 (49
Stat. 1967) which shall supersede the constitution approved by the Secretary of
the Interior on November 26, 1937, and ratified on January 6, 1938, as
amended.
ARTICLE I-NAME
The name of this organization shall be the “Pawnee Nation of Oklahoma.”
ARTICLE II-PURPOSE
Section 1. To secure for the Pawnee Nation of Oklahoma and its members
rights, powers, privileges and benefits of a sovereign nation.
Section 2. To establish its Jurisdiction and Powers.
(i)
The governmental powers of the Pawnee Business Council, acting for
the sovereign Pawnee Nation of Oklahoma shall extend to all persons
and to all real and personal property including lands and other
natural resources, and to all waters and air space, within the Indian
Country over which the Pawnee Nation of Oklahoma has jurisdiction.
The governmental powers of the Pawnee Nation of Oklahoma shall
also extend outside the exterior boundaries of Indian Country to any
persons or properties which are, or may be included within the
jurisdiction of the Pawnee Nation of Oklahoma.
(ii)
The Pawnee Nation of Oklahoma is empowered to maintain under any
laws of the U.S. and/or Pawnee Nation of Oklahoma’s law and order,
and judicial systems to protect the peace, safety, health, and welfare
of the members of the Pawnee Nation of Oklahoma, provided the
concepts of separation of powers is maintained.
(iii)
The Constitution is the supreme law of the Pawnee Nation of
Oklahoma and all persons subject to its jurisdiction. The Pawnee
Business Council shall exercise its power consistent with the
provisions of this Constitution and the Corporate Charter of the
Pawnee Nation of Oklahoma.
ARTICLE III-MEMBERSHIP OF TRIBE
Section 1. The current membership of the Pawnee Nation of Oklahoma shall
consist of:

(a) All persons enrolled or entitled to be enrolled on the official
annuity (base) roll of the Pawnee Nation of Oklahoma as of
February 19, 1937; and
(b) All children born of a lawful marriage between members of the
Tribe since the date of said roll;
(c) All children of one-quarter (1/4) or more Pawnee Indian blood
born on or after February 9, 1938, of a lawful marriage of an
enrolled member.
Section 2. The future membership of the Pawnee Nation of Oklahoma, after the
adoption of this Constitution, shall include any individual who applies for
membership and possesses at least one-eighth (1/8) degree Pawnee Indian
Blood, as amended on January 4, 2003 on Amendment Number 1.
Section 3. The Pawnee Business Council shall have power to prescribe rules
and regulations covering future membership of the Pawnee Nation, including
the approval and loss of membership, provided:
(i)
Such rules and regulations shall be subject to the review of the
Nasharo Council;
(ii)
A person shall not be eligible for membership, if enrolled as a member
of another Indian Tribe.
ARTICLE IV-PAWNEE BUSINESS COUNCIL
Section 1. The supreme governing body of the Pawnee Nation of Oklahoma
shall be the Pawnee Business Council, which shall consist of eight (8) members.
Section 2. Subject to the limitations imposed by this Constitution and
applicable Federal law, the Pawnee Business Council shall exercise all the
inherent, statutory, and treaty powers of the Pawnee Nation of Oklahoma by the
enactment of legislation, the transaction of business, and by otherwise speaking
or acting on behalf of the Pawnee Nation of Oklahoma on all matters which the
Pawnee Nation of Oklahoma is empowered to act, including the authority to hire
legal counsel to represent the Pawnee Nation of Oklahoma.
Section 3. All acts regarding Membership or Claims or Treaty Rights of the
Pawnee Business Council shall be subject to review by the Nasharo Council in
accordance with this Constitution.
Section 4. The present Pawnee Business Council members shall serve until the
next regular election or until their successors are elected and installed
provided:
(i)
The Pawnee Business Council shall provide an election commission to
conduct all elections, provided that regular elections are held on the
first Saturday in May of each odd numbered year.
(ii)
No member of the Pawnee Nation of Oklahoma, eighteen (18) years of
age or older, shall be denied the right to vote by secret ballot, either in
person or by absentee ballot, provided that no write-in votes shall be
allowed.
(iii)
Members of the Pawnee Nation of Oklahoma, twenty-five (25) years of
age or older, shall be eligible for election to the Pawnee Business
Council. Members of the Pawnee Nation convicted of a felony or
dishonorably discharged from the Armed Forces of the United States
of America are ineligible for candidacy.
(iv)
At the first regular election after the adoption of this Constitution
(1999), the President, Treasurer, and the First and Second Council
Members shall be elected to a four year term and the Vice-President,

Secretary, and Third and Fourth Council Members shall be elected to
a two-year term in order to stagger the terms of office:
(a) Candidates shall declare the position they are seeking.
(b) If there are positions which are vacant due to lack of candidates,
those positions shall be considered vacant and filled according to
Article VI.
Thereafter, all members of the Pawnee Business Council shall be elected
to a four-year term of office and shall serve until their successors shall
be duly installed in office. In cases when a vacancy is being filled to
complete an un-expired term due to death, resignation, forfeiture, or
recall of a Pawnee Business Council member, a successor will be
appointed pursuant to Article VI of this Constitution.
(v)
A Nasharo Council member shall resign his/her position if elected or
appointed to the Pawnee Business Council.
(vi)
A Pawnee Nation of Oklahoma employee shall resign his/her position
if elected or appointed to the Pawnee Business Council.
(vii)
A Pawnee Business Council member shall not be eligible for
employment by the Pawnee Nation of Oklahoma.
(viii) Elected members of the Pawnee Business Council shall be
inaugurated and sworn into office fourteen (14) calendar days after
the Election Day.
(ix)
Pawnee Business Council records and all related documentation for
each outgoing Pawnee Business Council member shall be made
available to the newly elected Pawnee Business Council members.
Failure to comply shall result in ineligibility to file for candidacy for
the Pawnee Business Council for ten (10) years or until records and
documents are returned.
Section 5. All acts of the Pawnee Business Council shall be determined by a
majority vote of the membership present, provided five (5) members of the
Council shall constitute a quorum to transact business. In the event of a tie,
the chairperson or chairperson pro tem shall cast the deciding vote.
Section 6. Regular quarterly meetings of the Pawnee Business Council shall be
held on the first Saturday in February, June, August and November of each
year in a place designated by the Pawnee Business Council, provided:
(i)
Special meetings may be called by the President.
(ii)
Special meetings shall be called by the President within two (2) weeks
after receiving a written request, by regular mail or by certified and
return receipt mail, from a majority of the occupied Pawnee Business
Council positions, provided:
(a) If the President fails to call and conduct a special meeting as
requested within two (2) weeks, a majority of the occupied
members of the Pawnee Business Council shall be authorized to
call and conduct a special meeting by affixing their signatures to a
document listing in detail the need for the meeting and citing this
Section of the Constitution as their authority to meet.
(b) A minimum of two (2) days notice of all meetings, regular or
special, shall be published in a newspaper and posted in public
view. Provided, that in an emergency, posting in public view for
two (2) days shall be deemed sufficient notice. Notice shall include
the agenda.
Section 7. All members of the Pawnee Business Council shall attend tribal
constitution orientation classes as prescribed by the Pawnee Business Council.

ARTICLE V-DUTIES OF OFFICERS
Section 1. The President shall preside at all meetings of the Pawnee Business
Council, joint meetings of the Pawnee Business Council and the Nasharo
Council, and all general meetings and shall vote only in the case of a tie. The
President shall have general supervision of the affairs of the Pawnee Business
Council and shall perform all duties pertaining to the office of the President.
The President shall administer oaths and affirmations when required or
permitted. The President shall be bonded.
Section 2. In the absence of the President, the Vice-President shall perform the
duties of that office. In the case of vacancy, the Vice-President shall succeed at
once to the office of the President. The Vice-President shall be bonded.
Section 3. The Secretary shall, be responsible for the following duties:
(i)
Record the proceedings of all meetings of the Pawnee Business
Council and Nasharo Council, and all special meetings as assigned by
the Pawnee Business Council.
(ii)
Prepare the agenda for meetings of the Pawnee Business Council.
(iii)
Maintain all records and files of the Pawnee Business Council. All
records and files of the Pawnee Business Council, except such
records as shall be explicitly made exempt by law, shall be public
information to any member of the Pawnee Nation of Oklahoma.
(iv)
Maintain the Pawnee Nation of Oklahoma official membership roll.
(v)
Attest to enactments of the Pawnee Business Council.
(vi)
In absence of the President and Vice-President, call to order regular
and special meetings of the Pawnee Business Council until a
Chairman pro tem is selected.
(vii)
Perform the duties of the Treasurer, in the absence of the Treasurer.
(viii) The Secretary shall be bonded.
Section 4. The Treasurer shall, be responsible for the following duties:
(i)
Receive funds from all sources for which the Pawnee Business
Council is held accountable, and maintain financial records which
shall reflect actual receipts and disbursements of all funds and which
shall reflect the financial position of the Pawnee Nation of Oklahoma.
(ii)
Deposit funds from any and all sources for which the Pawnee
Business Council is held accountable in an insured bank or other
approved financial institution.
(iii)
Disburse by check, the funds from any and all funds for which the
Pawnee Business Council. All checks shall be signed by the Treasurer
and countersigned by the President.
(iv)
An annual independent audit of all funds for which the Pawnee
Business Council is held accountable.
(v)
Present financial status reports and budget reports as determined by
the Pawnee Business Council.
(vi)
Perform the duties of Secretary, in the absence of Secretary.
(vii)
The Treasurer shall be bonded.
ARTICLE VI-VACANCIES
Section 1. - In the event of Presidential vacancy, the Vice-President shall
temporarily vacate their office and fulfill the duties of the office of President
until another president is elected by a majority of Pawnee tribal voters in a
specially called election. The Business Council shall elect from the current
council membership a Temporary Vice President to serve until the next

President is elected by a majority of Pawnee tribal voters in a specially called
election, at which time the Temporary Vice President shall return to his/her
previous position.
Section 2. – If the offices of President and Vice President are vacant the
Treasurer shall temporarily vacate their office and fulfill the duties of President
and the secretary shall temporarily vacate their office and fulfill the duties of
Vice President. The Business Council shall elect from the current council
membership a Temporary Treasurer and a Temporary Secretary until the next
President and Vice President are elected by a majority of Pawnee tribal voters in
a specially called election, at which time the Temporary Treasurer and
Temporary Secretary shall return to their previous position.
Section 3. – If the offices of President, Vice President, and Treasurer are vacant
the Secretary shall temporarily vacate their office and fulfill the duties of the
President. The Business Council shall elect from the current council
membership a Temporary Vice President, Temporary Treasurer, and Temporary
Secretary until the next President, Vice President, and Treasurer are elected by
a majority of Pawnee tribal voters in a specially called election, at which time
the Temporary Vice President, Temporary Treasurer and Temporary Secretary
shall return to their previous position.
Section 4. – Notwithstanding Article 4 Section 5, if four or more positions are
vacant a quorum shall consist of all of the remaining members. If all officer
positions are vacant any remaining council members may call a special
Business Council meeting, at which that council member shall chair and the
council shall elect officers.
Section 5. – If a vacancy occurs in a First, Second, Third, or Fourth Business
Council member position before the last six months of a term, it shall be filled
by a majority of Pawnee member voters in a specially called election.
Section 6. – If a vacancy occurs in a First, Second, Third, or Fourth Business
Council member position in the latter six month of that term, that position shall
remain vacant until the next general election.
Section 7. – If a vacancy occurs in any Business Council position in the six
months prior to a general election, the specially called election shall be held
with the general election.
Section 8. – Any successful candidate who is elected in a special election shall
serve only the remaining term of that vacant position.
Section 9. – Unless section 6 & 7 apply, the election Board shall set and
conduct a special election within 60 days but not before 30 days after a position
is vacant.
Section 10. – A position is vacant when:
(i)
Subject to an effective date, a resignation is received in writing by the
Office of the president
(ii)
Vacant pursuant to Article VII, Section One
(iii)
Death
(iv)
Recall
(v)
Removal
(vi)
A suspension is imposed under Section 3, in which case a specially
called election is not required if the Business Council finds that
suspension is likely to be resolved within six months. If the Business
Council finds that the suspension is likely to be longer than six
months, they may call a special election. If the suspension is
removed, the person elected in the special election shall step down

and the suspended Business Council Member shall retake their
position.
ARTICLE VII-FORFEITURE, RECALL, REMOVAL
Section 1. Forfeiture – If a member of the Pawnee Business Council fails or
refuses to attend two (2) regular or special meetings per year from the date of
oath of office, unless excused by the Pawnee Business Council President for
illness or other causes for which the member cannot be held responsible,
his/her office shall be declared forfeited by a resolution of the Pawnee Business
Council and the vacancy shall be filled.
Section 2. Recall – Upon receipt of a petition signed by twenty five per cent
(25%) of the number of voters who voted in the last regular election call for the
recall of any member of the Pawnee Business Council, it shall be the duty of the
election commission to call and conduct within thirty (30) days an election on
such recall. Recall shall be effective only if a majority of those voting shall vote
in favor of such recall and that at least 50 per cent (50%) + one (1) of the
number voting in the previous election vote in the recall election. Once a
member has faced a recall attempt, no further recall action shall be brought
against that member until at least twelve (12) months have passed. No member
of the Pawnee Business Council shall be subject to recall action within the first
six (6) months of that member’s term.
Section 3. Suspension:
(i)
A Pawnee Business Council member shall be suspended from the
Business Council without compensation when:
(a) charged with a criminal offense, and
(b) that offense would be cause for removal as defined in Section
4.iv.(a), and
(c) the charging jurisdiction guarantees similar civil rights and due
process as is guaranteed within the Pawnee Nation.
(ii)
The suspension shall be effective from the date of the filing of the
charges until dismissed.
(iii)
It is the duty of the defendant Business Council Member to timely
notify the Business Council and the Attorney General of the charges.
(iv)
A suspended Business Council Member is excused from attending
meetings and other official duty during the suspension.
(v)
Any vote cast or other official action taken after such charges have
been filed shall be valid, but taking such official action while under
suspension shall constitute the crime of unofficial misconduct.
(vi)
The Business Council may by majority vote, with the subject member
abstaining, lift the suspension if it finds that the requirements of
paragraph (i) are not met.
(vii)
The suspended Business Council Member may bring a declaratory
judgment action in Pawnee Nation Tribal Court to challenge the
application of this Section.
(viii) If the charges are dismissed because the defendant is found innocent,
the suspension is automatically removed and all withheld
compensation shall be paid without interest.
Section 4 – Removal of Pawnee Business Council Members
(i)
Removal for Cause – Pawnee Business Council members may be
removed for cause by petition filed in Pawnee Nation District Court
with right of appeal to the Pawnee Nation Supreme Court.
(ii)
A petition may be filed only;

(iii)

(iv)

(a) by the Attorney General, or
(b) by Resolution of the Pawnee Business Council, or
(c) by any individual or individuals who deposits $10,000 in cash or
bond with the court clerk.
Conviction is defined as a final conviction or a plea of no contest or
guilty, whether or not dismissed, pardoned or expunged, and
irrespective of whether it is denominated a felony, misdemeanor, or
otherwise.
Cause if defined as:
(a) conviction of any of the following offenses in any legitimate
governmental jurisdiction:
A. Fraud
1. Making false representation
2. Knowledge of such false representation by the perpetrator
3. Reliance on the false representation by the person
defrauded
4.
An intent to defraud
5. The actual act of committing fraud
6. Passing bad checks
7. Knowingly possessing stolen property
B. Evil Intent
1. Arson
2. Blackmail
3. Embezzlement
4. Extortion
5. False pretenses
6. Forgery
7. Fraud
8. Larceny (grand or petty)
C. Crimes against property
1. Malicious destruction of property
2. Receiving stolen goods (with guilty knowledge)
3. Robbery
4. Theft (when it involved the intention of permanent taking)
5. Transporting stolen property (with guilty knowledge)
D. Crimes against Governmental authority
1. Bribery
2. Counterfeiting
3. Fraud against revenue or other governmental functions
4. Mail fraud
5. Perjury
6. Harboring a fugitive from justice (with guilty knowledge)
7. Tax evasion (willful)
8. Carry a concealed weapon
9. Desertion from the Armed Forces
10. Dishonorable Discharge from the Armed Services
11. Failure to report for military induction
12. Drunk driving
13. Habitual drunkenness
14. Escape from prison
15. Gambling violations
16. Controlled Dangerous Substances violations

(v)

17. Liquor violations
18. Vagrancy
E. Crimes committed against person, family relationship, and
sexual
morality
1. Abandonment of a minor child (if willful and resulting in
the destitution of the child)
2. Assault
a. Assault with intent to kill, commit rape, commit
robbery or commit serious bodily harm
b. Assault with a dangerous or deadly weapon
3. Contributing to the delinquency of a minor
4. Gross indecency
5. Incest
6. Kidnapping
7. Lewdness
8. Manslaughter
a. Voluntary
b. Involuntary, where the statue requires proof of
recklessness
9. Mayhem
10. Murder
11. Pandering
12. Prostitution
13. Rape (including “Statutory rape”)
14. Sodomy
15. Libel/Slander
16. Mailing an obscene letter
F. Crimes attempting, aiding and abetting, accessories, and
conspiracy
1. an attempt to commit a crime listed in this Section,
2. Aiding and abetting in the commission of a crime listed in
this Section,
3. Being an accessory (before or after the fact) in the
commission of a crime listed in this Section,
4. Taking part in conspiracy (or attempting to take part in a
conspiracy) to commit a crime listed in this Section.
(b) Willful neglect or refusal to fulfill statutory duties.
(c) Intentional conduct reflecting very negatively on the dignity and
integrity of the tribal government.
Court Review
(a)The District Court shall review the removal petition in a new trial.
The
Judge must hold an initial hearing within 30 days and resolve the
case within 90 days. The petitioner must prove the facts by clear
and convincing evidence. Any party to the case shall have a right
to appeal.
(b) The defending Council member may be represented by Counsel. If
the
Court denies the petition then the defending Council
member shall be awarded costs and attorney fees not to exceed
$10,000.00.

(c) If the petition was filed by Business Council or the Attorney
General the cost of attorney fees shall be paid from tribal funds. If
the petition was filed by an individual the cost of attorney fees
shall be paid from the deposit. An exonerated Council member
charged under paragraph (iv) (b) or (iv) (c) of this Section shall not
be charged again under such paragraph until more than twelve
months have passed since the previous petition was filed.
(d) If a petition filed by individual(s) is successful then their $10,000
deposit shall be refunded. If the attorney fees of a winning
defendant are less than $10,000 then the balance shall be
refunded.
ARTICLE VIII-NASHARO COUNCIL
Section 1. The Nasharo Council shall consist of eight (8) members with a
quorum of five (5) to transact business. Each band shall have two (2)
representatives on the Nasharo Council selected by the members of the tribal
bands, Chaui, Kitkehahki, Pitahawirata and Skidi. The Nasharo Council shall
have the right to review all acts of the Pawnee Business Council regarding the
Pawnee Nation of Oklahoma membership and Pawnee Nation of Oklahoma
claims or rights growing out of treaties between the Pawnee Nation of Oklahoma
and the United States, provided:
(i)
Such acts of the Pawnee Business Council shall be valid and valid
unless formally disapproved by the Nasharo Council within thirty (30)
days after such acts are referred to the latter Council;
(ii)
Where such are disapproved by the Nasharo Council, the Pawnee
Business Council may submit them to a referendum of the Pawnee
Nation of Oklahoma and they shall be valid and effective if approved
by a majority vote of the adult members voting in person or by
absentee ballot; provided, that, at least fifty (50) of those qualified to
vote shall cast ballots in such election.
Section 2. The Bands of the Pawnee Nation of Oklahoma shall elect their
respective representative under rules and regulations prescribed by the Chiefs
of each Band. The representatives selected shall serve until the next regular
selection of members of the Nasharo Council.
Section 3. Vacancies in the membership of the Nasharo Council shall be filled
under rules and regulations prescribed by the Nasharo Council.
Section 4. The Nasharo Council shall have the power to establish its own
offices and to designate its own officers, to fix is own meeting days, and to adopt
its own rules of procedure; provided a quorum is present to transact business.
Records of the proceedings of this body shall be kept.
Section 5. All members of the Nasharo Council shall attend tribal constitution
classes as prescribed by the Pawnee Business Council.
ARTICLE IX- COURTS
Section 1. Establishment of Authority - The judicial power of the Pawnee
Nation of Oklahoma shall be vested in the current Pawnee Nation Courts
established by Resolution 93-65 and shall consist of five Justices and at least
one trial court, known as the District Court, and additional courts as may be
established by tribal law. The courts shall be a separate branch of government.
Section 2. Jurisdiction – The Courts of the Pawnee Nation of Oklahoma shall
be courts of general jurisdiction and shall further have jurisdiction in all cases
arising under the constitution, laws, and treaties of the Pawnee Nation of

Oklahoma. The Supreme Court shall have original jurisdiction in only such
cases as may be provided by law, and shall have appellate jurisdiction in all
other cases.
Section 3. Selection of Judicial Officers – The Justices of the Supreme Court
and Judges of District Courts shall be selected by a majority vote of the
Business Council. Justices and Judges may by Supreme Court rule assume
the duties of a member of the other court to hear a specific case in which the
regular Justices or Judges are disqualified or are otherwise unable to perform
their duty as to the case.
Section 4. Term of Office – The Justices and Judges of the Pawnee Nation of
Oklahoma shall serve six year terms beginning at the date of their confirmation
in office and continuing if reconfirmed or until their successor shall be duly
confirmed and installed.
Section 5. Removal – Justices and Judges of the Pawnee nation of Oklahoma
may be removed from office only by a majority of the other active Justices and
Judges sitting together upon a showing of habitual neglect of the duties of
office, oppression in office for personal gain or advantage, or for cause as
defined in Section 4, D. In no case may a judicial officer be removed from office
because of his decision in any case before the Court.
Section 6. Judicial Review – The Courts are specifically authorized to review,
in any case properly before them, the actions of the Business Council, or any
other officers, agents, or employees of the government of the Pawnee Nation of
Oklahoma to determine whether those actions are prohibited by Federal law,
this constitution or the laws of the Pawnee Nation of Oklahoma. If the action
complained of is outside the scope of authority delegated to entity in question,
or if a proper authority is being exercised in a prohibited manner, the Court
may enter injunction or other proper equitable relief or declare the action
unconstitutional and void as justice may require.
Section 7. Effective date, Interim Provision – This article shall be effective
upon approval in accord with Article X. The Business Council shall thereafter
have the authority to enact such laws as may be necessary for the full and
proper functioning of the Courts of the Pawnee Nation of Oklahoma not
inconsistent with this article. All current laws regarding courts shall remain in
effect and as amended to the extent that they do not conflict with this
Constitution.
Section 8. Court Funding – The Court shall be funded in a reasonable amount
in the annual budget.
1. Court funding shall be equal to or exceed funding amounts
for fiscal year 2007.
2. In the event that overall funding shortfalls require budget
cuts, the court budget may be reduced but proportionately not
more than any other department.
ARTICLE X-BILL OF RIGHTS
Section 1. All members of the Pawnee Nation shall enjoy without hindrance
freedom of worship, conscience, speech, press, assembly, and association.
Section 2. The Constitution shall not in any way alter, abridge or otherwise
jeopardize the rights and privileges of the Pawnee Nation as citizens of the State
of Oklahoma or of the United States. The Indian Civil Rights Acts of 1968 (ICRA)
and rights guaranteed under this Act is applicable to the tribal members and
other persons within tribal jurisdiction.

Section 3. The individual property rights of any member of the Pawnee Nation
shall not be altered, abridged or otherwise affected by the provisions of this
Constitution and By-Laws without the consent of such individual member.
ARTICLE XI-AMENDMENTS
Amendments to this Constitution may be proposed by a majority vote of the
Pawnee Business Council or by a petition signed by at least fifty (50) of the
adult members of the Pawnee Nation of Oklahoma.
This Constitution may be amended by a majority vote of the qualified voters of
the Pawnee Nation voting in an election called for that purpose by the Secretary
of Interior and conducted pursuant to the rules and regulations of the Pawnee
Nation of Oklahoma. Provided, that, at least fifty (50) of those qualified to vote
shall cast ballots in such election. The amendment shall become effective when
approved by the Secretary of Interior, so long as such approval is required by
Federal law, and ratified by the adult members of the Nation.
ARTICLE XII-PLACE OF MEETINGS
Unless some other location in the Pawnee Nation of Oklahoma jurisdiction is
designated in the notice, all meetings of the Pawnee Business Council and of
the Nasharo Council shall be held at the Pawnee Nation Reserve at Pawnee,
Oklahoma.
ARTICLE XIII-ADOPTION
This Constitution when approved by the Secretary of Interior, shall be
submitted to referendum vote of the adult members of the Nation, and shall
become effective if approved by two-thirds vote of the adult members voting in
person, provided that at least fifty votes are cast.
ARTICLE XIV-SAVINGS CLAUSE
All enactments of the Nation adopted before the effective date of this
Constitution shall continue in effect to the extent to that they are not
inconsistent with this constitution.
ARTICLE XV-SEVERABILITY
If any part of this Constitution is held by the Federal Court to be invalid or
contrary to the U.S. Constitution or Federal law, the remainder shall continue
to be in full force and effect.
CERTIFICATE OF APPROVAL
I, NANCY JEMISON, Acting Deputy Commissioner of Indian Affairs, by virtue of
the authority granted to the Secretary of the Interior by the Oklahoma Indian
Welfare Act of June 26, 1936 (49 Stat. 1967) and delegated to me by Secretarial
Order No. 3150 as extended by Secretarial Order No. 3177, as amended, do
hereby approve the Constitution of the Pawnee Nation of Oklahoma. This
Constitution is effective on the date ratified by the adult members of the Pawnee
Tribe of Oklahoma; PROVIDED, that nothing in this approval shall be
construed as authorizing any action under this document that would be
contrary to Federal law.
NANCY JEMISON
Acting Deputy Commissioner
Of Indian Affairs
Washington, D.C.
Date: April 27, 1998

PAWNEE TRIBE OF OKLAHOMA
Law and Order Code

TITLE I
TRIBAL COURTS

Prepared By:
Marvin E. Stepson
Attorney at Law
Fairfax, Oklahoma
October 1, 1993

TITLE

TRIBAL COURTS
INDEX

Section
1
2
3
4
5
6
7
8
9

Name
Authorization
Definitions
Territorial Jurisdiction
Civil Jurisdiction
Criminal Jurisdiction
Probate Jurisdiction
Juvenile Jurisdiction
Law to Be Applied
Amendments
CHAPTER ONE
DISTRICT COURT

101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116 -119
120

Judges of the District Court
Minimum Qualifications of Judge of the District Court
Manner of Selection of Justices and Judges
Term of Office
Oath of Office
Duties and Powers of Judges
Trial Panel
Special Appointments
Compensation of Judges
Removal of Judges
Disqualifications, Conflict of Interest
Decisions
Records
Files
Motion Day
Reserved
Practice Before the Tribal Court

1

TITLE

TRIBAL COURTS
CHAPTERTWO
SUPREMECOURT

201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216

General Provisions
Composition of the Supreme Court
Minimum Qualifications of Justices
Selection of Justices
Term of Office
Oath of Office
Duties and Powers of Justices
Compensation of Justices
Removal of Justices
Disqualifications, Conflict of Interest
Decisions
Rules of the Court
Special Appointments
Supreme Court's Action on Appeals
Terms of the Court
Court Fund
CHAPTERTHREE
COURTCLERK

301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317

Establishment
Clerk to Serve Supreme and District Courts
Clerk as Department Director
Powers and Duties
Seal
Certification of True Copies
Courts Always Open
Trials and Hearings — Orders in Chambers
Clerk's Office and Orders by the Clerk
Notice of Orders or Judgments
Books and Records Kept by the Clerk and Entries Therein
Stenographic Report or Transcript as Evidence
Judgment Docket
Execution Docket
Clerk May Collect Judgment and Costs
Clerks to Issue Writs and Orders
Clerk to File and Preserve Papers

2

TITLE

TRIBAL COURTS

318
319
320
321
322
323

Each Case to be Kept Separate
Indorsements
Entry on Return of Summons
Material for Record
Memorializing Record
Clerk to Keep Court Records, Books and Papers —
Statistical and Other Information
Applicable to District and Supreme Court
Bonds

324
325

CHAPTER FOUR
CHIEF OF THE TRIBAL POLICE — PROCESS
401
402
403
404
405
406

Style of Process
Appointment of Substitute for Tribal Police Chief
Tribal Police Chief to Indorse Time of Receipt on Process
Tribal Police Chief to Execute and Return Process
When Bailiff or Tribal Police Chief May Adjourn Court
Other Duties of Tribal Police Chief — Disposition of Fees
CHAPTER FIVE
BONDS AND SURETIES

501
502
503
504
505
506
507

Justification of Surety
Qualifications of Surety
Real Estate Mortgage as Bond
Valuation of Real Estate
False Valuation — Penalty
Action by Tribe or Tribal Department — No Bond Required
Appearance Bond — Enforcement
CHAPTER SIX
MISCELLANEOUS

601
602
603
604

Deputy May Perform Official Duties
Affirmation
Publications in "Patent Insides"
Action on Official Bond

3

TITLE
605
606
607
608
609
610
611
612
613
614
615
616
617
618

TRIBAL COURTS
May be Several Action on Same Security
Immaterial Errors to be Disregarded
Payments Into Court for Minors and Incompetents
Conserving Moneys Obtained for Minors or Incompetent
Persons
Sharing of Judicial Officers
Sharing of Other Judicial Personnel
Sharing of Material Resources
Sharing of Financial Resources
Indians Employed in the Indian Service
Copies of Laws
Cooperation by Federal Employees
Effect of Prior Decisions of the Court
Judicial Review of Legislative and Executive Actions
Action When No Procedure Provided

4

§

TITLE

TRIBAL COURTS

§

Section 1. Authorization
There is hereby established, ordained, and activated pursuant to
the Constitution of the Pawnee Tribe of Oklahoma a Judicial Branch of
the Government of the Pawnee Tribe of Oklahoma with a lower Court
known as the District Court and an upper Court known as the Supreme
Court.
Section 2. Definitions
The following words have the meanings given below when
used in this Act, unless a different meaning is obvious from the
context:
(a)

"Clerk" shall mean the Clerk of the Court.

(b)

"Code" shall mean the Statutory laws of the Tribe.

(c)

"Constitution" shall mean the Constitution of the Tribe.

(d) "District Court" shall mean the lower or general trial Court
operating within the jurisdiction of the Tribe.
(e) "He", "him", and "his" shall mean the masculine, feminine
and neuter forms as appropriate unless a particular masculine, feminine
or neuter foim is necessary for the phrase to have meaning.
(f) "Jurisdiction" shall mean the Indian Country within the
territorial jurisdiction of the Tribe.
(g) "Supreme Court" shall mean the Court of last resort to
which appeals may be taken from the District Court. The judicial
decisions of the Supreme Court are final and are not subject to further
appeal.
Section 3. Territorial ,Jurisdiction
The Territorial Jurisdiction of the Courts shall extend to all
territory described as Indian Country, within the meaning of Section

TITLE

TRIBAL COURTS

1151 of Title 18 of the United States Code, over which the Tribe has
authority, including tribal or individual, trust, non-trust and
restricted land, and including all land owned by tribal agencies in
their own name, all waters, minerals and wildlife, and any other
such land, or interest in land, which may be subsequently acquired
by virtue of an Executive Order, a declaration or regulation of the
United States Department of Interior, a declaration or order of a
Court of competent jurisdiction, by purchase, gift, relinquishment,
or by any other lawful means.
Section 4. Civil jurisdiction
The Courts shall have general civil jurisdiction over all civil
actions arising under the Constitution, laws, or treaties of the Tribe
including the tribal common law, over all general civil claims which
arise within the tribal jurisdiction, and over all transitory claims in
which the defendant may be served within the tribal jurisdiction.
Personal jurisdiction shall exist over all defendants served within the
territorial jurisdiction of the Court or served anywhere in cases
arising within the territorial jurisdiction of the Tribe, and all persons
consenting to such jurisdiction. The act of entry within the territorial
jurisdiction of the Court shall be considered consent to the
jurisdiction of the Court with respect to any civil action arising out of
such entry. The act of entry upon the territorial jurisdiction by an
extraterritorial seller, merchant, or their agent(s) shall be considered
consent by the seller or merchant to the jurisdiction of this Court for
any dispute arising out of any sale or commercial transaction
regardless of where the sale or transaction was entered into or took
place.
Section 5. Criminal jurisdiction
The Courts shall have original jurisdiction over all criminal
offenses enumerated and defined in any ordinance adopted by the
Tribe insofar as not prohibited by federal law.

2

TITLE

TRIBAL COURTS

Section 6. Probate Jurisdiction
To the extent permitted by federal law the Courts shall have
probate jurisdiction over all the real and personal property located
within the jurisdiction of the Court at the time of death, and the
personal property, wherever located, of any person who is domiciled
within the boundaries of the jurisdiction of the Court at the time of
death.
Section 7. Juvenile Jurisdiction
The Juvenile Division of the District Court shall have exclusive
original jurisdiction in all proceedings and matters affecting
dependent or neglected children, children in need of supervision, or
children under the age of eighteen (18) accused of crime, when such
children are found within the jurisdiction of the Court, or when
jurisdiction is transferred to the Court pursuant to law. The Supreme
Court shall hear appeals in juvenile cases as in other civil actions.
Section 8. Law to Be Applied
The Courts shall apply the Tribal Constitution, and the
provisions of all statutory law heretofore or hereafter adopted by the
Tribe. In matters not covered by Tribal Statute, the Court shall apply
traditional tribal customs and usage's, which shall be called the
Common Law. When in doubt as to the Tribal Common Law, the
Court may request the advice of counselors and tribal elders familiar
with them. In any dispute not covered by the Tribal Constitution,
Tribal Statute, or Tribal Common Law, the Court may apply any
laws of the United States or any State which would be cognizable in
the courts of general jurisdiction therein, and any regulation of the
Department of Interior which may be of general or specific
applicability. Upon this Code becoming effective, neither Part 11 of
Title 25 of the Code of federal Regulations, except those Sections
thereof which are effective when the Tribe receives certain funding
from the Bureau of Indian Affairs, nor State law shall be binding
upon the Court unless specifically incorporated into tribal law by
Tribal Statute or be a decision of the Tribal Courts adopting some
federal or state law as Tribal Common Law.

3

TITLE

TRIBAL COURTS

Section 9. Amendments
The Tribal legislative body shall have the authority to alter,
amend, or repeal any provision of this Act or to add new sections to
this Act in its discretion.

4

§

TITLE

TRIBAL COURTS
CHAPTER ONE
DISTRICT COURT

Section 101 Judges of the District Court
The District Court shall consist of the Chief Judge, and such
District Judges, Special Judges, and Magistrates as may be
appointed according to law.
Section 102.
District Court

Minimum Qualifications of Judge of the

A Judge shall, in order of preference:
(a) be an attorney who is
(1)
an enrolled member of the Pawnee Tribe, actually
domiciled within the territorial jurisdiction of the Tribe, or
(2)
the parent, child, or spouse of an enrolled member
of the Pawnee Tribe, domiciled within the territorial
jurisdiction of the Tribe, or
(3)
a non-member Indian domiciled
territorial jurisdiction of the Pawnee Tribe, or

within

the

(4)
an Indian graduate of an American Bar Association
approved Law School, or a Paralegal program approved by the
Supreme Court; or
(5)

an attorney who is a non-Indian, or

(6)
a lay advocate who has regularly practiced before
the Court as a member of the Bar of the Court for a period of
five years, or
(b) have demonstrated moral integrity and fairness in his
business, public and private life, and

TITLE

TRIBAL COURTS

(c) have never been convicted of a felony or an offense
punishable by banishment, whether or not actually imprisoned or
banished, and have not been convicted of any offense, except traffic
offenses, for a period of two years next preceding his appointment.
The two year period shall begin to run from the date the person was
unconditionally released from supervision of any sort as a result of a
conviction.
(d) have regularly abstained from the excessive use of
alcohol an any use whatsoever of illegal drugs or psychotoxic
chemical solvents.
(e)

be not less than twenty-five (25) years of age.

(f) not be a member of the Tribal Legislative Body, or the
holder of any other elective Tribal Office of this Tribe, provided, that a
candidate who is a member of the Tribal Legislative Body, or the
holder of some other elective Tribal Office, may be confirmed as a
Judge subject to his resignation. Upon resignation from his office, he
may be sworn in as and assume the duties of judicial office.
(g) if less than fifty (50) years of age, have completed at least
thirty (30) semester credit hours at an accredited college or university,
or at least two years of previous experience as a Judicial Officer for
some recognized Court.
Section 103. Manner of Selection of Justices and Judges
Justices and Judges of the Tribe shall be nominated by the Chief
Executive Officer and confirmed by the Tribal Legislative Body upon a
vacancy occurring in a judicial office in the following manner:
(a) Within thirty days after a vacancy occurs the Chief
Executive-Officer shall cause a. notice of the vacancy stating the
minimum qualifications, salary, and any other pertinent information
to be published once in the Tribal newspaper and once each week
for two (2) consecutive weeks in a newspaper of general circulation
in the tribal jurisdiction. Copies of the notice shall be posted at the
Tribal Office, the nearest Agency of the Bureau of Indian of Affairs,
2

TITLE

TRIBAL COURTS

Chief Executive Officer shall direct. The notice shall direct that
inquires, nominations and applications be directed to the Tribal
Secretary who shall keep a permanent record of responses to such
notices.
(b) No sooner than twenty (20), nor more than thirty (30) days
after the date on which last required notice was published or posted,
the Secretary shall deliver the names and files of all persons
nominated or applying for the Judicial Office to the Chief Executive
Officer, who shall select no more than three qualified candidates for
each vacant Judicial Office and place consideration of the candidate(s)
he nominates on the agenda of the next regular or special meeting of
the Tribal Legislative Body.
(c) The Tribal Legislative Body shall review the qualifications
of the nominees, and may interview nominees at their meetings at
their discretion. In making a selection, the Tribal Legislative Body
shall give preference to those candidates who:
(1) have more formal education and experience in the
legal field.
(2) by written examination conducted by the Supreme
Court or by interview have shown that they are familiar with the
Constitution, Code and Common laws of the Tribe.
(3)

have demonstrated decision making ability.

(d) If the nominee for the Judicial Office is confirmed by the
Tribal Legislative Body, the nominee shall be sworn into office by the
Chief Justice, or the next ranking available Justice of the Supreme
Court.
(e) If the nominee(s) is not confirmed, the Chief Executive
Officer shall either republish the notice and establish a new list of
eligible candidates, or he may reconsider the candidates on the list
gathered from the previous notice. The Chief Executive Officer
nomination - Legislative confirmation process shall continue until
some nominee be confirmed.

3

TITLE

TRIBAL COURTS

(f) Upon the expiration of a judicial term of office, the Judicial
Officer is entitled upon request, filed with the Secretary not less than
sixty days prior to the expiration of his term, to be considered for
confirmation to a new term at the next meeting of the Tribal
Legislative Body at which a quorum is present. If the Legislature, a
quorum being present, does not confirm the outgoing officer, they
shall so declare and direct the Chief Executive Officer to begin the
selection process. The outgoing judicial officer's term shall expire upon
confirmation of the new Justice of Judge.
Section 104. Term of Office
All Judges of the District Court shall serve six (6) year terms of
office beginning from the date of their confirmation and until their
successors take office, unless removed for cause, or by death or
resignation.
Section 105. Oath of Office
Before assuming office each Judge, Special Judge, and
Magistrate shall take an oath to support and protect the Constitution
of the Tribe and to administer justice in all causes coming before him
with integrity and fairness, without regard to the persons before him
to be administered by the Chief Justice or the next ranking available
Justice of the Supreme Court as soon after confirmation as may be
practical.
Section 106. Duties and Powers of Judges
All Judges of the District Court, and Special Judges in cases
within their authority, shall have the duty and power to conduct all
court proceedings, and issue all orders and papers incident thereto, in
order to administer justice in all matters within the jurisdiction of the
Court. In doing so the Court shall:
(a) Be responsible for creating and maintaining rules of the Court,
not in conflict with the Tribal Code or the Rules of the Supreme Court
regulating conduct in the District Court, for the orderly and
4

TITLE

TRIBAL COURTS

efficient administration of justice. Such rules must be filed in the
office of the Tribal Secretary and the District Court Clerk before
becoming effective.
(b)

Hold Court regularly at a designated time and place.

(c) Have the power to administer oaths, conduct hearings,
and otherwise undertake all duties and exercise all authority of a
judicial officer under the law.
(d)
Court.

Hear and decide all cases properly brought before the

(e)

Enter all appropriate orders and judgments.

(f)

Issue all appropriate warrants and subpoenas

(g)

Keep all Court and other records as may be required.

(h)

Perform the duties of the Clerk in his absence.

(i) Subject to the confirmation of the Supreme Court, to
appoint such Magistrates as may be necessary for the convenient
functioning of the Court. These Magistrates shall have the authority to
issue arrest and search warrants, search warrants for the protection of
children, emergency custody orders in children's cases, temporary
commitments of persons accused of offenses, to conduct
arraignments in criminal or juvenile delinquency cases, and to act on
such ex parte, summary, or other matters as may be determined by
Rule of the Supreme Court. Magistrates shall meet the minimum
qualifications for Judges of the District Court except that Section
102(a) and (g) shall not apply.
(j) Unless a coroner is appointed in accordance with the
provisions of the Tribal Code, any Judge designated by the Chief
Judge shall have the authority to perform the duties of a coroner.

5

TITLE

TRIBAL COURTS

Section 107. Trial Panel
In any case to be tried by a Trial Panel, the Chief Judge shall
assign by random lot at least three Judges to try the case, one of
whom shall be designated as the Presiding Judge. The Presiding
Judge assigned to the case shall have the duty before, during and
after trial of making procedural and evidentiary rulings on issues
raised by the case, after conferring with the other assigned Judges
when he feels it necessary to do so. All assigned Judges shall have an
equal vote on the merits of each case. The panel's deliberations on
the merits shall be held in strict privacy and no one shall disclose
anything said during the deliberation. A majority of the assigned
Judges may take action on the merits of any matter, but no one shall
reveal the vote of any of the Judges of the panel or the final
numerical vote of the panel, the decision should simply reflect that it
is the decision of the Court.
Section 108. Special Appointments
Whenever, due to vacancies in office, disqualification of Judges,
or other cause, a trial panel cannot be convened from the available
Judges, or an additional Judicial Officer is needed to efficiently
dispense with the business of the District Court, due to vacancies in
office, disqualification of Judges, or other cause, the Supreme Court
may designate by Court Order one or more duly qualified magistrates
or Justices to sit on the trial panel, or may make one or more special
appointments from among the members of the Bar of the Court to
act as a Special Judge to hear specific named cases, or cases filed
prior to the date a trial panel of regular Judges can be convened, the
vacancy is filled, or the Special Judge is no longer needed. No special
procedure need by followed in making such appointments and such
Special Judges need not meet the qualification of Section 102 (a) or
(g) of this Act. Whenever a Justice of the Supreme Court sits on the
trial panel, that Justice may not participate in any appeal of the case
to-the Supreme Court. Special Judges may be compensated from the Court fund in such reasonable amounts as the Supreme Court shall
order.

6

TITLE

TRIBAL COURTS

Section 109. Compensation of judges
(a) The compensation of all Judges of the District Court shall
be set by appropriate legislation of the Tribal Legislative Body. No
Judge shall have his compensation reduced during his term of office,
except that if funds be unavailable for appropriation, the
compensation of all judicial officers may be reduced proportionally to
the availability of funds.
(b) Nothing in this section shall prohibit the Tribal
Legislative from contracting or agreeing with the Bureau of Indian
Affairs or any other government, agency, or organization that such
government, agency, or organization shall provide all or part of the
compensation of a Judge or Magistrate of the District Court, and
shall in return have control over the compensation of such Judges or
Magistrate. In such situations the Tribal Legislative body shall
recommend to the funding party the compensation of District Judges
and Magistrates.
(c) Subsection (a) of this Section shall not apply to
Magistrates. The compensation of all Magistrates shall be set by order
of the Supreme Court from available appropriate funds, or from
funds made available pursuant to an agreement entered into
according to Subsection (b) of this Section.
Section 110. Removal of Judges
(a) The Judges of the District Court shall be removed only for
cause by the Tribal Legislative Body upon the recommendation of the
Supreme court. Neither the Supreme Court, nor the Tribal Legislative
Body may remove a Judge of the District Court independently, but the
Supreme Court must first recommend the removal, and the Tribal
Legislative Body must then concur. The term "cause" shall include any
reason sufficient for disbarment of an Attorney from the Bar of the
Supreme Court, or a violation of the Canons of Judicial Ethics
promulgated by the American Bar Association.
Court.

(b)

Magistrates shall serve at the pleasure of the District

7

TITLE

TRIBAL COURTS

Section 111. Disqualifications, Conflict of Interest
(a) No Judge shall hear any case when he has a direct
financial, personal or other interest in the outcome of such case or is
related by blood or marriage to one or both of the parties as:
husband; wife; son; daughter; father; mother; brother; sister;
grandfather; grandmother; or any other legal dependent. A Judge
should attempt to prevent even the appearance of partiality or
impropriety.
(b) Either party of interest in such case or the Judge may arise
the question of conflict of interest. Upon decision by the Judge
concerned or the Supreme Court that disqualification is appropriate,
another Judge shall be assigned to hear the matter before the Court.
(c) Any Judge otherwise disqualified because he is related to
one or more of the parties in one of the relationships enumerated in
subsection (a) of this Section, may hear a case if all parties are
informed of the blood or marriage relationship on the record in open
Court and of their right to have a different Judge hear the case, and
consent to further action by that Judge in the case in open Court
upon the record, or in a writing filed in the record, in spite of the
conflict of interest.
Section 112. Decisions
(a) Each decision of the District Court at trial shall be
recorded on a form approved by the Supreme Court for such
purpose, or embodied in written findings of fact and conclusions of
law containing all the information required by the approved form.
The form shall provide for recording the date of the decision, the case
number, the names of all parties, the substance of the complaint, the
relevant facts found by the Court to be true, the Court's decision, and
the conclusions of law supporting the Court's decision.
(b) In a case tried to a Judicial Panel, the Presiding Judge
shall sign such form or decision indicating that the decision is the
true decision of a majority of the trial panel on the case whether or
not the Presiding Judge agreed with that decision.

8

TITLE

TRIBAL COURTS

(c) The decision four or the written findings of fact and
conclusions of law shall be placed in the case file as an official document
of the case.
Section 113. Records
The District Court shall be a Court of Record. To preserve such
records:
(a) In all Court proceedings, the Court Reporter, which may
be the Clerk in the absence of an official Court Reporter, shall
record the proceedings of the Court by electronic or stenographic
means. The recording shall be identified by case number and kept
for five (5) years for use in appeals or collateral proceedings in
which the events of the hearing are in issue. At the close of each
hearing, or as otherwise specified, the Reporter shall cause a
transcript to be made of the recording upon the request of any party
or the Court as a permanent part of the case record. Court
Reporters may be licensed by the Supreme Court, and shall be
allowed such fees from the Parties for their services as shall be set
by Rule of the Supreme Court
(b) To preserve the integrity of the electronic record, the
Reporter shall store the recording in a safe place and release it only to
the relevant Court or pursuant to an Order of a Tribal Judge or
Justice.
(c) The Clerk shall keep in a file bearing the case name and
number every written document filed in the case.
(d) All Court records shall be public records except as otherwise
provided by law.
(e) After five (5) years, court records except judgments,
appearance, and other dockets may be reproduced on computer tape
or disk, microfilm, or microfiche or similar space saving record
keeping methods, provided, that at least one (1) hard copy, including
microfilm or microfiche, of electronically stored data shall be kept at
all times.

9

TITLE

TRIBAL COURTS

(f) The Supreme Court shall provide for the publication in books
or similar reporters of all of its decisions and opinions in cases before
it, and the opinions and decisions of the District Court which would be
useful to the Bar of the Court and the public.
Section 114. Files
(a) Except as otherwise provided by law, such as in juvenile
cases, Court files on a particular case are generally open to the public.
Any person may inspect the records of a case and obtain copies of
documents contained therein during normal business hours.
(b) Any persons desiring to inspect the records of a case or
obtain copies thereof may inspect such files only during the ordinary
working hours of the Clerk, or a Judge and in their presence to insure
the integrity of Court records. Under no circumstances shall anyone,
except a Judge or a licensed advocate, attorney or the Clerk taking a file
to a Judge in his chambers or a courtroom, take a file from the Clerk's
office.
(c) A copy of any document contained in such a file may be
obtained from the Clerk by any person for a reasonable copy fee, to be
set by rule of the Supreme Court. The Clerk is hereby authorized to
certify under the seal of his office that such copies are accurate
reproductions of those documents on file in his office. The Supreme
Court by rule may provide for such certification.
Section 115. Motion Day
Unless conditions make it impractical, the District Court shall
establish regular times and places, at intervals sufficiently frequent
for the prompt dispatch of business, at which motions requiring
notice and hearing may be heard and disposed of; but the Judge at
any time or place, and on such notice, if any, as he considers
reasonable, may make orders for the advancement, conduct, and
hearing of actions, or, the Court may make provision by rule or
order for the submission and determination of motions without oral
hearing upon brief written statements of reasons in support and
opposition.

10

TITLE

TRIBAL COURTS

§

Section 116 -119. Reserved
Section 120. Practice Before the Tribal Court
(a)
No person shall be denied the right to have a member of
the Bar of the Court represent him and present his case before the
Courts.
(b)
The Supreme Court, after conferring with the District
Court, shall make rules which shall govern who may practice before
the District Court and the Supreme Court. Such rules shall be filed
in the office of the Tribal Secretary and the office of the Clerk of the
Supreme and District Courts.

11

TITLE

TRIBAL COURTS
CHAPTER TWO
SUPREME COURT

Section 201. General Provisions
The Supreme Court may hear appeals resulting from all final
orders or judgments rendered by the District Court, appeals of other
orders of the District Court subject to interlocutory appeal by law, and
such original actions as may be provided by tribal law, and shall render
its decision in writing to the parties of interest, file a copy thereof in the
Supreme Court Clerk's office and the Tribal Secretary's office, and, at
the time of filing, submit a copy to the official reporter of the decisions
of the Court. The decision of the Supreme Court shall be final and
binding upon the parties.
Section 202. Composition of the Supreme Court
The Supreme Court shall consist of one (1) Chief Justice, and four
(4) Associate Justices.
Section 203. Minimum Qualifications of Justices
To be eligible for selection or confirmation as a Justice of the
Supreme Court, a person shall:
(a) be either
(1)

an enrolled member of the Tribe, or

(2) the parent, child, or spouse of an enrolled member of
the Tribe, or
(3) actually domiciled within the territorial jurisdiction of
the Tribe, or
(4)

an attorney, or

1

TITLE

TRIBAL COURTS

(5) a lay advocate who has regularly practiced before the
Court as a member of the Bar of the Court for a period of seven
years, or
(6) An Indian graduate of an American Bar Association
approved Law School, or a Paralegal program approved by the
Supreme Court; and
(b) have demonstrated moral integrity and fairness in his
business, public and private life, and
(c) have never been convicted of a felony or an offense
punishable by banishment or involving moral turpitude, whether or not
actually imprisoned or banished, and have not been convicted of any
offense, except traffic offenses, for a period of five years next
preceding his appointment. The five year period shall begin to run
from the date the person was unconditionally released from
supervision of any sort as a result of a conviction.
(d) have regularly abstained from the excessive use of alcohol
and any use whatsoever of illegal drugs or psychotoxic chemical
solvents.
(e)

be not less than thirty (30) years of age.

(f) not be a member of the Tribal Legislative Body, or the
holder of any other elective Tribal Office of this Tribe, provided, that a
candidate who is a member of the Tribal Legislative Body, or the
holder of some other elective Tribal Office, may be confirmed as a
Justice subject to his resignation. Upon resignation from his office, he
may be sworn in as and assume the duties of judicial office.
(g) if less than fifty (50) years of age, have completed at least
sixty (60) semester credit hours at an accredited college or university, or
at least four years of previous experiences as a Judicial Officer for
some recognized Court.

TITLE

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Section 204. Selection of justices
Justices shall be selected in accordance with the provisions of
Section 103 of this Act.
Section 205. Term of Office
All Justices of the Supreme Court shall serve eight (8) year
terms of office beginning from the date of their confirmation and
until their successors take office, unless removed for cause, or by
death or resignation. The first appointments of Justices hereunder
shall be for terms which may vary in order to provide for staggered
terms of office.
Section 206. Oath of Office
Before assuming office each Justice shall take an oath to
support and protect the Constitution of the Tribe and to administer
justice in all causes coming before him with integrity and fairness,
without regard to the persons before him to be administered by the
Chief Justice, the Chief Executive Officer, or the ranking available
Justice of the Court.
Section 207. Duties and Powers of Justices
All Justices of the Supreme Court, unless disqualified for
conflict of interest of other cause, shall participate in the
deliberations of that body and shall have the duty and power to
conduct all Court proceedings, and issue all orders and papers
incident thereto, in order to administer justice in all matters within
the jurisdiction of the Supreme Court. In doing so the Supreme
Court shall:
(a) Be responsible for creating and maintaining rules of the
Court, not contrary to the Tribal Constitution or Code, regulating
conduct in the Supreme and District Courts to provide for the orderly
and efficient administration of justice and the administration of the
Courts. Such rules shall determine, where not otherwise provided by
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law, what actions be taken by a single Justice of the Court, and shall be
filed with the Clerk of the Court and the Tribal Secretary.
(b) Hear appeals from the District Court at a designated time
and place.
(c)

Enter all appropriate orders and judgments.

(d)

Keep all appropriate records as may be required.

(e) Perform any and all other duties as may be required for the
operation of the Supreme Court and the District Court.
(f) Supervise the actions of the District Court and all Clerks,
Reporters, Bailiffs, and other officers of the Courts.
(g) Perform any of the duties and powers of a District Judge
in appropriate cases.
Section 208. Compensation of Justices
(a) The compensation of all Justices of the Supreme Court
shall be set by legislation of the Tribal Legislative Body. No Justice
shall have his compensation reduced during this term of office,
except that if funds be unavailable for appropriation, the
compensation of all judicial officers may be reduced proportionally to
the availability of funds.
(b) Nothing in this section shall prohibit the Tribal
Legislative from contracting or agreeing with the Bureau of Indian
Affairs or any other government, agency, or organization that such
government, agency, or organization shall provide all or part of the
compensation of a Justice of the Supreme Court, and shall in return
have control over the compensation of such Justice. In such
situations the Tribal Legislative Body shall recommend to the
funding party the compensation of Supreme Court Justices.

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Section 209. Removal of Justices
Justices of the Supreme Court may not be removed from office
except upon final conviction of a felony, or an offense punishable by
banishment, or an offense involving moral turpitude, in which case the
Supreme Court shall enter its order disbarring and expelling such Justice
from the Court and declaring that Judicial Office vacant.
Section 210. Disqualifications, Conflict of Interest
(a) No Justice shall hear any case when he has a direct
financial, personal, or other interest in the outcome of such case or
is related by blood or marriage to one or both of the parties as:
husband, wife, son, daughter, father, mother, brother, sister,
grandfather, grandmother, or any other legal dependent. A Justice
should attempt to prevent even the appearance of partiality or
impropriety.
(b) Either party in interest in such case or the Justice may raise
the question of conflict of interest. Upon decision by the Justice
concerned or the Supreme Court that qualification is appropriate, a
Judge, Magistrate, or Special Justice may be appointed to sit on the
Supreme Court to hear the matter before the Court.
(c) Any Justice related to one or more of the parties in one
of the relationships enumerated in Subsection (a) of this Section,
may hear a case if all parties are informed of the blood or marriage
relationship on the record in open Court and of their right to have
the interested Justice disqualified from the case, and consent in
writing filed in the case, or upon the record in open Court to the
conflict of interest. Normally, the Justice knowing of the conflict of
interest should simply file an order recusing himself from the action
and stating his relationship with the parties. Thereafter, if the parties
consent to that Justice hearing the action, they should file their
written consent for such Justice to continue in the cause. If all
parties file such consents, the Justice may then enter his order
withdrawing the his recusation on grounds of the consents filed. A
consent to the withdrawal of a Justices recusation may not be
withdrawn.

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Section 211. Decisions
(a) All decisions and opinions of the Supreme Court shall be
rendered in writing to the parties in interest, the District Court in
appeal cases, filed in the Supreme Court Clerk's Office and the
Tribal Secretary's office, transmitted to the official reporter of the
decisions of the Court, and recorded on a form approved by the
Supreme Court for such purpose. The form shall provide for
recording the date of the decision or opinion, the case number, the
names of the parties before the Court, the issues presented of appeal
or the substance of the complaint in an action within the court's
original jurisdiction, the relevant facts upon which the decision on
appeal was made or as found by the Court to be true in an original
action, the Court's decision, and the legal principals and reasoning
supporting the Court's decision. A written Court opinion containing
the above information may be filed by the majority or dissent in lieu
of the form.
(b) Each Justice shall record in writing his decision, or the
fact of his not participating when he is disqualified, on each case
decided by the Supreme Court as part of the permanent record.
(c) The decision form or Court opinion shall be placed in the
file of the case on appeal as an official document of the case.
Section 212. Rules of the Court
(a) The Supreme Court shall establish rules concerning the
administration of the Courts and conduct in the Supreme and District
Courts not inconsistent with Tribal Ordinance or the Tribal
Constitution. Such rules shall govern the conduct, demeanor, and
decorum of those in the Court as well as the form and filing of
appeals, briefs, pleadings, and other matters which will make the
Court function more efficiently.
(b) The Rules shall be filed in the Court Clerk's office, the office
the Tribal Secretary, and delivered to the official reporter of decisions of
the Court.

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(c) The Court may require the observance of its Rules as a
prerequisite before taking any action in a matter.
Section 213. Special Appointments
Whenever, due to vacancies in office, disqualification of
Justices, or other cause, a minimum of three (3) Justices to hear and
decide the merits of a case before the Court cannot be convened
from the available Justices, the Court, including any disqualified
Justices, may designate by Court Order one or more duly qualified
Judges of the District Court or Magistrates, not having served on the
trial of the case, or some member of the Bar of the Court to sit on
the Supreme Court as a Special Justice for purposes of the appeal or
the original action, or request the Tribal Legislative Body to make
one or more special appointments to hear specific named cases, or
cases filed prior to the date a minimum of three (3) Justices can be
convened on such cases. No special procedure need by followed in
making such appointments and special Justices need not meet the
qualifications of Section 102 (a) and (g) of this Act, although special
appointments by the Tribal Legislative Body shall be made by formal
action with notice to the parties in a case where appropriate.
Section 214. Supreme Court's Action on Appeals
In any appeal properly before it, the Supreme Court shall have
full authority to affirm, reverse, modify, or vacate any action of the
District Court or other entity from whom the appeal is taken as
authorized by law, and may enter such order as is just or remand the
case for the entry of a specified judgment, for a new trial, or for such
further action in accordance with the Supreme Court's opinion or
instructions as shall be just.
Section 215. Terms of the Court
The regular term of the Court shall commence on the first
Monday in October of each year, and upon that date the Supreme
Court shall convene in its Courtroom for the purpose of disposing
of the actions and other business before the Court. The term shall

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continue until such time as the Court determines that its business is
properly disposed of and the term shall then be declared completed.
Special terms may be convened at any time upon the call of the Chief
Justice for the purpose of dispensing with pressing matters which may
not be justly delayed until the regular term of the Court.
Section 216. Court Fund
There is hereby authorized to be maintained by the Clerk under
the supervision of the Court, a find to be known as the "Court
Fund" into which shall be deposited all fines, fees, penalties, costs,
and other moneys authorized or required by law to be paid to the
Courts which are not to be distributed to any party to a case and for
which no requirement is imposed by law for the deposit of such
funds into a particular account. These funds shall be maintained by
the court and used exclusively for the purchase of supplies,
materials, and personal property for the use of the Courts, the
maintenance of the Court law library, and such other applications as
shall be specifically authorized by law. The Court Fund shall not be
used for the payment of salaries of regular Judges of Justices of the
District or Supreme Courts.

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CHAPTER THREE
COURT CT.FRK

Section 301. Establishment
There is hereby established a Court Clerk's Office to, be
administered by one (1) Court Clerk and such Deputy Court Clerks
as may be necessary. The Court Clerk shall be appointed by the
Supreme Court, and Deputy Court Clerks shall be appointed by the
Court Clerk subject to the approval of the Supreme Court.
Section 302. Clerk to Serve Supreme and District Courts
Until such time as the Supreme Court determines that
separate Clerks are necessary to efficiently administer the business
of the Courts and funding is available, the Court Clerk shall serve as
the Clerk of the Supreme Court and the Clerk of the District Court.
When serving the Supreme Court, the Clerk's title shall be "Clerk of
the Supreme Court". When serving the District Court, the Clerk's
title shall be "Clerk of the District Court".
Section 303. Clerk as Department Director
The Court Clerk is a supervisory administrative position of the
Judicial Branch of the Government of the Tribe with the same rank
as Department Director. The Court Clerk shall serve as the Court
Administrator and shall be charged with the preparation of Court
budgets, the acquisition of necessary supplies, the maintenance and
upkeep of the Court's law library, the custody, upkeep and
maintenance of the records, papers, effects, and property of the
Court and such other matters as shall be assigned to the Clerk of
the Court -by law or Court rule. -Section 304. Powers and Duties
The Court Clerk shall have the following powers and duties:

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(a)
To undertake all duties and functions otherwise
authorized by law, or necessary and proper to the exercise of a duty
of function authorized by law.
(b)
Subject to the approval of the Supreme Court, to
supervise and direct the hiring, firing, and work of all deputy court
clerks and other employees in his office.
(c)
To collect all fines, fees, and costs authorized or required
by law to be paid to the Courts, to receipt therefore, and to deliver
them to the Tribal Treasurer for deposit in the Court fund.
(d)
To accept, when ordered by the Court, monies for the
payment of civil judgments and to pay same by check to the party
entitled to them. For the purpose of taking such action, the Clerk is
authorized to maintain a bank checking account subject to the
oversight of the Supreme Court and to deposit and withdraw funds
therefrom. This account shall be audited at least once each year by
the Tribal Accounting Department or an independent Certified
Public Accountant, and the Clerk shall give a fidelity or performance
bond to guarantee the funds deposited therein in such amount as
the Supreme Court shall direct.
(e)
To administer oaths, issue summons and subpoenas,
certify a true copy of Court records, and to accurately keep each and
every record of the Supreme and District Court.
(f)
To provide a record in the absence of a Court Reporter to
accurately and completely record all proceedings and hearings of the
Courts. If a Court Reporter is available, the Court Reporter shall
have the authority to administer oaths and undertake such other
Court functions as shall be provided by law or Court Rule.
(g)
To provide stenographic and clerical services to the Court
and the Attorney General or Prosecuting Attorney when requested.
(h)
To act as librarian, and to keep and maintain the Court's
law library.
(j)
To undertake all duties assigned or delegated to the
Clerk's office by Tribal law or Court Rule.

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Section 305. Seal
The Court Clerk is authorized to have and use a seal which
shall be circular in form and contain the words, "District Court
Clerk", and the name of the Tribe around the edge thereof, and the
words "Official Seal" or the official Tribal emblem in its center.
When acting as the Clerk of the Supreme Court the Clerk's seal shall
be circular in form and contain the words "Supreme Court Clerk"
and the name of the Tribe around the edge thereof, and the words
"Official Seal" or the Tribal emblem in the center. The seal shall be
impressed upon all warrants, subpoenas, summons, certified copies
of records, judgments, orders, decrees, and similar documents, as
evidence of their authenticity.
Section 306. Certification of True Copies
The Court Clerk is authorized to certify that a copy of any
record in his office is a true and accurate copy of the record on file
by signed stamp or writing placed on such copy, sealed with the seal
of the Court Clerk's office, and in substantially the following form:
CERTIFICATE OF TRUE COPY

I hereby certify that the above and foregoing
______________ is a true, accurate and exact
copy of the original of same as it remains of record
on file in my office.
Clerk of the District Court [or Supreme Court]
[NAME OF TRIBE]
Date

Certified copies of records shall be admissible as evidence without
further authentication in all judicial and administrative proceedings
of this Tribe.

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Section 307. Courts Always Open
The District and Supreme Court shall be deemed always open
for the purpose of filing any pleading or other proper paper, of
issuing and returning mesne and final process, and of making and
directing all interlocutory motions, orders, and rules.
Section 308. Trials and Hearings — Orders in Chambers
All trials upon the merits, except as specifically provided by
law and in children's cases shall be conducted in open Court and so
far as convenient in a regular courtroom. All other acts or
proceedings may be done or conducted by a Judge in chambers,
without the attendance of the clerk or other court officials in any
place either within or without the tribal jurisdiction; but no hearing,
other than one ex parte, shall be conducted outside the tribal
jurisdiction without the consent of all parties affected thereby,
except when determined by the Court to be necessary or expedient
in children's cases arising under the Indian Child Welfare Act of
1978, or when the Tribe has entered into an agreement with
another government for the sharing of judicial officers and
courtroom space in which case the Court may sit in any place
authorized by such agreement.
Section 309. Clerk's Office and Orders by the Clerk
The Clerk's office with the Clerk or a deputy in attendance shall
be open during business hours on all days except Saturdays, Sundays,
and legal holidays, but the Court may provide by rule or order that its
Clerk's office shall be open for specified hours on Saturdays or
particular legal holidays other than New Year's Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day, and Christmas Day. All-motions
and applications in the Clerk's office for issuing mesne process, for
issuing final process, to enforce and execute judgments, for entering
defaults or judgments by default, and for other proceedings which do
not require allowance or order of the Court are grantable of course by
the Clerk, unless the Civil Procedure Act

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requires previous approval by the Court, but his action may be
suspended or altered or rescinded by the Court upon cause shown.
Section 310. Notice of Orders or judgments
Immediately upon the entry of an order or judgment, the Clerk
shall serve a notice of the entry by mail upon each party or their
attorney who is not in default for failure to appear, and shall make
note in the docket of the mailing. Such mailing is sufficient notice
for all purpose for which notice of the entry of an order is required
by law, but any party may in addition serve a notice of such entry in
the manner provided in the Civil Procedure Act for the service of
papers. Lack of notice of the entry by the Clerk does not affect the
time to appeal or relieve or authorize the Court to relieve a party for
failure to appeal within the time allowed, except as permitted in the
Civil Procedure Act.
Section 311. Books and Records Kept by the Clerk and Entries
Therein
(a) The Clerk shall keep a book known as the "Civil Docket" of
such form and style as may be prescribed by the Justices of the
Supreme Court, and shall enter therein each civil action. Actions
shall be assigned consecutive file numbers. The file number of each
action shall be noted on the folio of the docket whereupon the first
entry of the action is made. All papers filed with the Clerk, all process
issued and returns made thereon, all appearances, orders, verdicts,
and judgments shall be entered chronologically in the civil docket on
the folio assigned to the action and shall be marked with its file
number. These entries shall be brief but shall show the nature of
each paper filed or writ issued and the substance of each order or
judgment of the Court and of the returns showing execution of
process. The entry of an order or judgment shall show the date the
entry is made. When in an action trial by jury has been properly
demanded or ordered, the Clerk shall enter the word "jury" on the
folio assigned to that action. When in an action trial by judicial panel
has been properly demanded or ordered, the Clerk shall enter the
words "judicial panel" on the folio assigned to that action.

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(b)
In like fashion, the Clerk shall keep suitable dockets,
indices, calendars, and judgment records for the criminal, juvenile,
and small claims dockets of the District Court, and the appeals and
original action docket of the Supreme Court. The appeals and
original action dockets of the Supreme Court may be combined if the
Supreme Court shall so direct.
(c)
The Clerk shall also keep such other books and records
as may be required from time to time by law or the Supreme Court.
Section 312. Stenographic Report or Transcript as Evidence
(a)
Whenever the testimony of a witness at a trial or hearing
which was stenographically reported is admissible in evidence at a
later trial, it may be proved by the transcript thereof duly certified by
the person who reported the testimony.
(b)
Whenever the testimony of a witness at a trial or hearing
which was electronically taped is admissible in evidence at a later
trial, it may be proved by the tape recording thereof maintained in
the custody of the Court Clerk with the records of the trial, or by
some other person duly certified as correct by the Court Clerk, or by
some other person duly authorized to administer oaths, who has
prepared or caused to be prepared under his direction a transcript of
the recording.
Section 313. Judgment Docket
The judgment docket shall be kept in the form of an index in
which the name of each person against whom judgment is rendered
shall appear in alphabetical order, and it shall be the duty of the
Clerk immediately after the rendition of a judgment to enter on said
judgment docket a statement containing the names of the parties, the
amount and nature of the judgment and costs, and the date of -its
rendition, and the date on which said judgment is entered on said
judgment docket; and if the judgment be rendered against several
persons, the entry shall be repeated under the name of each person
against whom the judgment is rendered in alphabetical order.

6

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Section 314. Execution Docket
In the execution docket the Clerk shall enter all executions as
they are issued. The entry shall contain the names of the parties, the
date and amount of the judgment and costs, and the date of the
execution. The Clerk shall also record in full the return of the Chief
of the Tribal Police to each execution, and such record shall be
evidence of such return, if the original be mislaid or lost.
Section 315. Clerk May Collect judgment and. Costs
Where there is no execution outstanding, the Clerk of the Court
may receive the amount of the judgment and costs, and receipt
therefore, with the same effect as if the same had been paid to the
Chief of the Tribal Police on an execution, and the Clerk shall be liable
to be amerced in the same manner and amount as the Chief of the
Tribal Police for refusing to pay the same to the party entitled thereto,
when requested, and shall also be liable on his official bond.
Section 316. Clerks to Issue Writs and Orders
All writs and orders for provisional remedies, and process of
every kind shall be prepared by the party or his attorney who is
seeking the issuance of such writ, order, or process and shall be
issued by the Clerk. Except for summons and subpoena, the Clerk
shall not issue any such writ, order, or process except upon order or
allowance of the Court unless specific authorization for his issuing
such document is found in the Tribal Code.
Section 317. Clerk to File and Preserve Papers
It is the duty of the Clerk to file together and carefully preserve
in his office, all papers delivered to him for that purpose in every
action or proceeding.

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Section 318. Each Case to be Kept Separate.
The papers in each case shall be kept in a separate file marked
with the title and number of the case.
Section 319 Indorsements
He shall indorse upon every paper filed with him, the day of
filing it; and upon every order for a provisional remedy, and upon
every undertaking given under the same, the day of its return to his
office.
Section 320. Entry on Return of Summons
He shall, upon the return of every summons, enter upon the
appearance docket whether or not service has been made; and if the
summons has been served, the name of the defendant or defendants
summoned and the day and manner of the service upon each one.
The entry shall be evidence in case of the loss of the summons.
Section 321. Material for Record
The record shall be made up from the complaint, the process,
return, the pleadings subsequent thereto, reports, verdicts, orders,
judgments, and all material acts and proceedings of the Court, but
if the items of an account, or the copies of papers attached to the
pleadings, the voluminous, the Court may order the record to be
made by abbreviating the same, or inserting a pertinent description
thereof, or by omitting them entirely. Evidence must not be
recorded in the file or appearance docket, provided that the
transcript of testimony may be appended to the record when paid
for by a party for the purpose of appeal.
Section 322. Memorializing Record
It is the duty of the Court to write out, sign, and record its
orders, judgments, and decrees within a reasonable time after their

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rendition. To aid in the performance of this duty, the Court may
direct counsel or the Court Clerk to prepare the written
memoriali7ation for its signature and, after it is signed, to file it in
the case record, or, the Court may direct the Clerk to prepare the
written memorialization dictated by the Court and sign and file the
same on the Court's behalf.
Section 323. Clerk to Keep Court Records; Books and Papers —
Statistical and Other Information
The Clerk shall keep the records and books and papers
appertaining to the Court and record its proceedings, and exercise
the powers and pedal. iii the duties imposed upon him by Tribal
statute, order of the Court, or Court rule. The Clerk is directed to
furnish annually, or at such times as shall be requested, without
cost to the Supreme Court and to the Tribal Legislative Body, such
statistical and other information as the Supreme Court or the Tribal
Legislative Body may require, including, but without being limited
to, the number and classification of cases:
(a)

Filed with the Court.

(b)
Disposed of by the Court, and the manner of such
disposition.
(c)

The number of cases pending before the Court.

Section 324. Applicable to District and Supreme Court
The provisions of this Chapter shall apply to the Clerk of the
Tribal District Court and the Tribal Supreme Court insofar as they
may be applicable.
Section 325. Bonds
The Court Clerk and each deputy Clerk shall be bonded by a
position fidelity bond to guarantee the proper performance of their
duties and their fidelity in the handling of the money and other

9

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property coming into their hands in the performance of their duties.
The amount of such bond shall be set by the Tribal Legislative Body
and the cost thereof shall be paid from Tribal funds.

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CHAPTER FOUR
CHIEF OF THE TRIBAL POLICE — PROCESS

Section 401. Style of Process
The style of all process shall be "[The [NAME OF TRIBE] to:"
and all process shall be under the seal of the Court Clerk and shall
be signed by the Court Clerk, and dated the day it is issued.
Section 402. Appointment of Substitute for Tribal Police
Chief
The Court or a Judge thereof, or any Clerk in the absence of
the Judge and upon his oral or written order, for good cause, may
appoint a person to serve a particular process or order, who shall
have the same power to execute it which the Chief of the Tribal
Police has. The person may be appointed on the application of the
party obtaining the process or order, and the return must be
verified by affidavit. He shall be entitled to the same fees allowed to
the Chief of the Tribal Police for similar services.
Section 403. Tribal Police Chief to Indorse Time of Receipt on
Process
The Chief of the Tribal Police shall indorse upon every
summons, order of arrest, or for the delivery of property or of
attachment or injunction, the day and hour it was received by him.
Section 404. Tribal Police Chief to Execute and Return
Process
The Chief of the Tribal Police shall execute every summons,
order or other process, and return the same as required by law, and if
he fails to do so, unless he make it appear to the satisfaction of the
Court that he was prevented by inevitable accident from so doing, he
shall be amerced by the Court in a sum not exceeding Five Hundred

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Dollars ($500.00) upon motion and ten (10) days notice, and shall be
liable to the action of any person aggrieved by such failure. Provided
that whenever any party, his agent or attorney shall make and file
with the Clerk of the Court an affidavit, stating that he believes that
the Chief of the Tribal Police will not, by reason of either partiality,
prejudice, consanguinity or interest, faithfully perform his duties in
any suit commended in Court, the Clerk shall direct the original, or
other process, in such suit to the Chief Executive Officer of the Tribe
or his designate other than the Chief of the Tribal Police who shall
execute the same in like manner as the Chief of the Tribal Police
might or ought to have done, and who shall be subject to the same
penalties as the Chief of the Tribal Police if he fail to do so, unless he
make it appear that he was prevented by inevitable accident from so
doing, and the Chief Executive Officer or his designate other than the
Chief of the Tribal Police shall perform all of the other duties of the
Chief of the Tribal Police when the Tribal Police Chief shall be a party
to the case, or is disqualified.
Section 405. When Bailiff or Tribal Police May Adjourn
Court
If the Judge fails to attend at the time and place appointed for
holding his Court, the Chief of the Tribal Police, or other person
appointed by the Court as bailiff, or in the absence of either the
Court Clerk, shall have power to adjourn the Court, from day to day,
until the regular or assigned Judge attend or a Special Judge, or
Judge pro tempore, be selected.
Section 406. Other Duties of Tribal Police Chief —
Disposition of Fees
The Chief of the Tribal Police shall exercise the powers and
duties conferred and imposed upon him by the Tribal Code, Court
rule, and -the Common law. The Police Chief's fees allowed by the
Court for the service of process and mileage shall be paid into the
general miscellaneous account of the Tribal Police Department and
may be transferred to another line item upon order of the Chief of the
Tribal Police or used for any allowable expense or cost of the Tribal
Police Department other than the payment of salaries.

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CHAPTER FIVE
BONDS AND SURETIES

Section 501. Justification of Surety
A ministerial officer whose duty it is to take security in any
undertaking provided for by the Tribal Code shall require the person
offered as surety, if not a qualified surety or bonding company, to
make an affidavit of his qualifications, which affidavit may be made
before such officer, and shall be indorsed upon or attached to the
undertaking. If the undertaking is given by a qualified surety or
bonding company, the credentials of the persons making the
undertaking shall be shown and attached thereto. The ministerial
officer shall have the power to administer oaths for the purpose of
making any affidavits required by this Chapter.
Section 502. Qualifications of Surety
The surety in every undertaking provided for by the Tribal Code,
unless a surety or bonding company authorized to give their bond or
undertaking by Tribal law, irrevocably submits himself to the
jurisdiction of the Tribal Court for the purpose of enforcement of said
bond or undertaking, and must be worth double the sum to be
secured, over and above all exemptions, debts, and liabilities. Where
there are two or more sureties in the same undertaking, they must in
the aggregate have the qualifications prescribed in this Section.
Section 503. Real Estate Mortgage as Bond
In every instance where bond, indemnity or guaranty is
required, a first mortgage upon real estate within a State in which
any portion of the Tribal jurisdiction lies shall be accepted, provided,
that the amount of such bond, guaranty, or indemnity shall not
exceed fifty per cent of the reasonable valuation of such improved
real estate, provided further, that where the amount of such bond,
guaranty or indemnity shall exceed fifty per cent of the reasonable

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valuation of such improved real estate, then such first mortgage shall
be accepted to the extent of such fifty per cent valuation.
Section 504. Valuation of Real Estate
The officer, whose duty it is to accept and approve such bond,
guaranty or indemnity shall require the affidavits of two landowners
or licensed real estate appraisers or brokers versed in land values in
the community where such real estate is located to the value of such
real estate. Said officer shall have the authority to administer the
oaths and take said affidavits.
Section 505. False Valuation — Penalty
Any person willfully making a false affidavit as to the value of
any such real estate shall be guilty of perjury and punished
accordingly. Any officer administering or accepting such affidavit
knowing it to be false shall be guilty of conspiracy to commit perjury
and punished accordingly. Any such wrongdoer shall be liable in a
civil action to the party injured by such false affidavit to the extent of
the injury proximately caused thereby.
Section 506. Action by Tribe or Tribal Department — No Bond
Required
Whenever an action is filed in the Court by the Tribe, or by
direction of any department of the Tribe, its agencies, Commissions,
or political branches, no bond, including costs, replevin, attachment,
garnishment, re-delivery, injunction bonds, appeal bonds, or other
obligations of security shall be required from such party either to
prosecute said suit, answer, or appeal the same. In case of an adverse
decision, such costs as by law are taxable against such party shall be
paid out of the miscellaneous fund or other available fund of the
party under whose direction the proceedings were instituted.
Section 507. Appearance Bond — Enforcement

2

TITLE

TRIBAL COURTS

(a)
If a bench warrant or command to enforce a Court order
by body attachment is issued in a cause for divorce, legal separation,
annulment, child support, or alimony, or in any civil proceeding in
which a judgment debtor is summoned to answer as to assets, and
the person arrested, pursuant to the authority of such process,
makes a bond for his appearance at the time of trial or other
proceeding in the case, the bond made shall be disbursed by the
Court Clerk upon order of the Court ,to the party in the suit who has
procured the bench warrant or command for body attachment rather
than to the Tribe as the Court shall direct for the payment of any
sum due. The penalty on the bond or any part thereof, shall, when
recovered, first be applied to discharge the obligation adjudicated in
the case in which the bond was posted, and any excess shall be
deposited in the Court fund. The party who is the obligee on such
bond shall have the right to enforce its penalty to the same extent
and in the same manner as the Tribe may enforce the penalty on a
forfeited bail bond.
(b)
Upon forfeiture of a bond payable to the Tribe as ordered
by the Court, including bail bonds, the Tribe may enforce the penalty
on the bond upon motion filed in the case by any method authorized
for the execution of civil judgments. All amounts received upon such
forfeited bonds as penalty shall be deposited in the court fund. The
Court may, for good cause shown, vacate an order of bond forfeiture.

3

TITLE

TRIBAL COURTS
CHAPTER SIX
MISCELLANEOUS

Section 601. Deputy May Perform Official Rules
Any duty enjoined by the Tribal Code upon a ministerial
officer, and any act permitted to be done by him, may be performed
by his lawful deputy unless otherwise specifically stated.
Section 602. Affirmation
Whenever an oath is required by the Tribal Code, the
affirmation of a person, conscientiously scrupulous of taking an
oath shall have the same effect.
Section 603. Publications in "Patent Insides"
(a)
Every daily or weekly newspaper published continuously
for a period of two years in any county in which a portion of the
tribal jurisdiction lies, or within or adjacent to the tribal jurisdiction,
and the Tribal Newspaper shall be recognized and authorized to
publish all publications and notices required or permitted to be
published by the Tribal Code.
(b)
All publications and notice required by law to be
published in a newspaper, if published in newspapers having one
side of the paper printed away from the office of publication, known
as patent outsides or insides, shall have the same force and effect as
though the same were published in newspapers printed wholly and
published as required by Subsection (a) of this Section if at least one
side of such paper is printed within the legal area.
Section 604. Action on Official Bond
When an officer, executor, or administrator within the
jurisdiction of the Tribe by misconduct or neglect of duty, forfeits his

1

TITLE

TRIBAL COURTS

bond or renders his sureties liable, any person injured thereby, or
who is, by law, entitled to the benefit of the security, may bring an
action thereon in his own name, against the officer, executor, or
administrator and his sureties, or may proceed in a proper case as
provided in the Civil Procedure Act, to recover the amount to which
he may be entitled by reason of the delinquency.
Section 605. May be Several Action on Same Security
A judgment in favor of a party for one delinquency does not
preclude the same or another party from an action on the same
security for another delinquency.
Section 606. Immaterial Errors to be Disregarded
The Court, in every stage of action, must disregard any error or
defect in the pleadings or proceedings which does not affect the
substantial rights of the adverse party, and no judgment shall be
reversed or affected by reason of such immaterial or harmless error
or defect.
Section 607.
Incompetents

Payments

Into

Court

for

Minors

and

Where any amount of money not exceeding Five Hundred
Dollars ($500.00) shall be deposited and paid into Court by virtue of
any judgment, order, settlement, distribution, or decree for the use
and benefit of, and to the credit of, any minor or incompetent person
having no legal guardian of his estate appointed by the Court, and no
person shall within ninety (90) days thereafter become the legal and
qualified guardian of the estate of such minor or incompetent person,
if it appears to the Court that such money is needed for the support
of such minor or incompetent person or that it is otherwise for the
best interest of such minor or incompetent person, the Court may, in
its discretion, order payment of such funds to be made to any proper
and suitable person as trustee for such minor or incompetent person,
with bond, as the Court may direct, to be expended for the support,
use, and benefit of such minor or incompetent person. Such order

2

TITLE

TRIBAL COURTS

may be made by the Court in the original cause in which the funds
are credited upon the application of any interested person; and the
Court may direct the Clerk of the Court to make payment of the same
to be made in installments or in one lump sum as may seem for the
best interests of such minor or incompetent person. If a qualified
guardian has been appointed by the Court with bond, the Court shall
order the money paid to the guardian for the use of the minor or
incompetent person subject to such restrictions and accountings as
the Court may direct.
Section 608. Conserving
Incompetent Persons

Moneys

Obtained

for

Minors

or

Moneys recovered in any Court proceeding by a next friend or
guardian ad litem for or on behalf of a person who is less than
eighteen (18) years of age or incompetent in excess of Five Hundred
Dollars ($500.00) over sums sufficient for paying costs and expenses
including medical bills and attorney's fees shall, by order of the
Court, be deposited in a banking or savings and loan institution,
approved by the Court. Until the person becomes eighteen (18) years
of age or competent to again handle his affairs, withdrawals of
moneys from such account or accounts shall be solely pursuant to
order of the Court made in the case in which recovery was had.
When an application for the order is made by a person who is not
represented by an attorney, the Judge of the Court shall prepare the
order. This Section shall not apply in cases where a legal guardian
has been appointed by the Court for the estate of the minor or
incompetent person with adequate bond to secure any money
released. In such cases, such money, or any portion thereof as the
Court may direct, may be paid over to the guardian to be used
exclusively for the support and education of such minor or
incompetent person, subject to such restrictions and accounting as
the Court shall direct.
Section 609. Sharing of Judicial Officers
Notwithstanding any other provision of this Act, the Tribal
Legislative Body is hereby authorized to negotiate an agreement with
the Bureau of Indian Affairs or other Indian Tribes for the shared

3

TITLE

TRIBAL COURTS

use of magistrates, trial judges, and appellate court justices. In
addition to any other necessary or convenient provision, such
agreements may determine the method of selection and retention of
shared judicial officers, their compensation, and required duties.
When acting on behalf of the Tribe, such magistrates, judges, or
justices shall have all the powers and authority vested in a
Magistrate, Judge, or Justice of the Tribe. Such judicial officers may
be in addition to, in lieu of, or the same as, those Magistrates,
Judges, and Justices authorized by this Act.
Section 610. Sharing of Other Judicial Personnel
Notwithstanding any other provision of this Act, the Tribal
Legislative Body is hereby authorized to negotiate an agreement with
the Bureau of Indian Affairs or other Indian Tribes for the shared use
of Court Clerks, District Attorneys, Bailiffs, Court Reporters, and
other judicial related or support personnel. In addition to any other
necessary or convenient provision, such agreements may determine
the method of selection and retention of shared personnel, their
compensation, and requiring duties. When acting on behalf of the
District and Supreme Courts, such personnel shall have all the
powers and authority of the equivalent position in the Tribal Code.
Such personnel may be the same as, in addition to, or in lieu of,
tribal personnel in these positions.
Section 611. Sharing of Material Resources
Notwithstanding any other provision of Tribal law, the Tribal
Legislative Body is hereby authorized to negotiate an agreement with
the Bureau of Indian Affairs, other Indian Tribes, or any other unit of
government for the shared use of facilities, including courtroom,
offices, and jail space, equipment, and supplies necessary for the
operation of the Court and law enforcement agencies of the Tribe.
Section 612. Sharing of Financial Resources
Provision may be made in the above mentioned agreements for
the allocation of fines, fees, and court costs to support the functions

4

TITLE

TRIBAL COURTS

of the judicial system, provided, that the salaries of the magistrates,
judges, justices, and District Attorney shall not be subject to, or
contingent upon the assessment or collection of any such fines, fees,
court costs, or penalties. Such agreements may also provide for
certain monetary contributions by the participating Tribes or
agencies to the funding of the Court and provide a formula therefore,
and may designate any particular grant money for the use of the
Court, or may designate the Court as a prime contractor, grantee, or
similar designation to authorize the Court to apply directly to any
funding source for any grant or contract funds available for the
operation of the Court.
Section 613. Indians Employed in the Indian Service
All persons employed in the Indian Service shall be subject to
the jurisdiction of the Court to the extent permitted by law in any
civil or criminal action, but any such employee appointed by the
Secretary of the Interior shall not be subject to any sentence or
judgment of the Court for actions while one official duty except to
the extent permitted by federal law, unless such sentence or
judgment shall have been approved by the Secretary of the Interior.
Section 614. Copies of Laws
(a)
The Supreme Court law library shall be provided with
copies of all Federal, Tribal, and State laws and the regulations of
the Bureau of Indian Affairs which may be applicable to the conduct
of any persons within the tribal jurisdiction.
(b)
Whenever the Court is in doubt as to the meaning of any
law, treaty, or regulation, it may request the Tribal Attorney General
to furnish an opinion on the point in question.
Section 615. Cooperation by Federal Employees
(a) No field employee of the Indian Service shall obstruct,
interfere with, or control the functions of the Courts of the Tribe, of
influence, or attempt to influence, interfere with, obstruct, or control

5

TITLE

TRIBAL COURTS

such functions in any manner except in response to a request for
advice or information from the Court.
(b) Employees of the Bureau of Indian Affairs and the Indian
Health Service, particularly those who are engaged in police, social
service, health, and educational work, shall assist the Court upon its
request in the preparation and presentation of the facts in the case,
and in the proper treatment of offenders and juveniles.
Section 616. Effect of Prior Decisions of the Court
The prior decisions of the Courts acting for the Tribe shall be
binding upon the parties thereto. The rules of laws stated in such
decisions, not inconsistent with Tribal statutes enacted after such
decisions, shall be precedent in the Courts subject to modification or
being overruled by subsequent opinion of the Court as in other cases.
Section 617. Judicial Review of Legislative and Executive
Actions
The District and Supreme Courts shall have the authority to
review any act by the Tribal Legislative Body, or any tribal officer,
agent, or employee to determine whether that action, and the
procedure or manner of taking that action, is Constitutional under the
Tribal Constitution, authorized by tribal law, and not prohibited by the
Indian Civil Rights Act. If the Court finds that the contemplated action
is authorized by the Constitution and Tribal Statutes enacted thereto,
or the common law, and that the manner in which the authorized
action is to be exercised is not prohibited by the Tribal
Constitution, Tribal statutes enacted pursuant thereto, or federal
law, the Court shall dismiss the case. The Court shall not otherwise
review the exercise of any authority committed to the discretion of a
tribal officer, agency, agent, or employee by Tribal law unless some
specific provision of law authorizes -judicial review of the- merits of
the discretionary decision of action.

6

TITLE

TRIBAL COURTS

§

Section 618. Action When No Procedure Provided
Whenever no specific procedure is provided in the Tribal Code,
the Court may proceed in any lawful fashion.

7

PAWNEE TRIBE OF OKLAHOMA
Law and Order Code

TITLE II
APPELLATE PROCEDURE

Prepared By:
Marvin E. Stepson
Attorney at Law
Fairfax, Oklahoma
October 1, 1993

TITLE

APPELLATE PROCEDURE
INDEX

Section
1
2
3

Name
Scope and Applicability of Rules
Suspension and Revision of Rules
Discretionary Authority

CHAPTER ONE
APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL
COURT
101
102
103
104
105
106
107
108
109
110
111

Appeal As Of Right — How Taken
Appeal As Of Right — When Taken
Interlocutory Appeals in Civil Actions
Interlocutory Appeals In Criminal Actions
Appeals by the Tribe in Criminal Actions
Bond For Costs On Appeal In Civil Cases
Stay Or Injunction Pending Appeal
Release in Criminal Cases
The Record on Appeal
Transmission of Record
Docketing The Appeal; Filing The Record
CHAPTER TWO
EXTRAORDINARY WRITS

201
202
203
204

Mandamus or Prohibition Directed To a Judge or Judges
Denial Or Order Directing Answer
Other Extraordinary Writs
Form of Papers, Number of Copies
CHAPTER THREE
HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
SUBCHAPTER A - HABEAS CORPUS

301
302
303

Habeas Corpus Proceedings
Transfer Of Custody Pending Review
Detention Or Release Pending Review Of Decision Failing
To Release

1

TITLE
304
305

APPELLATE PROCEDURE
Detention Or Release Pending Review Of Decision Ordering
Release
Modification of Initial Order Respecting Custody
SUBCHAPTER B - PROCE1-.1)INGS IN FORMA PAUPERIS

311
312
313

Leave From Tribal District Court to Proceed to Supreme
Court
Special Rule For Parties Previously Granted Permission To
Proceed In Forma Pauperis
Remedy For Denial Of Motion By Tribal District Court
CHAPTER FOUR
GENERAL PROVISIONS

401
402
403
404
405
406
407

Filing and Service
Service of All Papers Required
Manner Of Service
Proof Of Service
Computation of Time
Enlargement Of Time
Additional Time after Service By Mail
SUBCHAPTER A - MOTIONS AND BRIEFS

411
412
413
414
415
416
417
418
419
420
421
422
423
424
425

Content, Response, and Reply to Motions
Determination of Motions for Procedural Orders
Power of a Single Judge to Entertain Motions
Form of Papers; Number of Copies
Brief of Appellant
Brief of Appellee
Reply Brief
References in Briefs to Parties
References in Briefs to the Record and Statutes
Length of Briefs
Briefs in Cases Involving Cross Appeals
Briefs in Cases Involving Multiple Appellants or
Appellees
Citation of Supplemental Authorities
Brief of an Amicus Curiae
Appendix to the Briefs

TITLE

APPELLATE PROCEDURE

47 6
477
478
429
430

Time for Filing and Service of Briefs
Number of Copies to Be Filed and Served
Consequence of Failure to File Briefs
Form of Briefs, the Appendix and Other Papers
Form of Other Papers
SUBCHAPTER B - ARGUMENT

441
442
443
444
445
446
447
448
449
450
451

Pre-hearing Conference
Oral Argument in General
Notice of Argument; Postponement
Order and Content of Argument
Cross and Separate Appeals
Non-Appearance of Parties
Submission on the Briefs
Use of Physical Exhibits at Argument; Removal
When Hearing or Rehearing in Banc Will Be Ordered
Suggestion of a Party for Hearing or Rehearing In Banc
Time for Suggestion of a Party for Hearing or Rehearing
in Banc; Suggestion does not Stay Mandate
SUBCHAPTER C - JUDGMENT

461
462
463
464
465
466
467
468
469
470
471
472
473

Entry of Judgment
Interest on Judgments
Damages for Delay
To Whom Costs Allowed
Costs For Or Against the Tribe
Costs of Briefs, Appendices, and Copies of Records
Bill Of Costs; Objections; Costs Inserted In Mandate Or
Added Later
Costs On Appeal Taxable in the Tribal District Court
Petition For Rehearing
Issuance of Mandate
Voluntary Dismissal
Substitution of Parties
Cases Involving Constitutional or Indian Civil Rights Act
Questions Where the Tribe Is Not A Party
APPENDIX Rules Relating to Attorneys and Lay Advocates

3

TITLE

APPELLATE PROCEDURE
CHAPTER ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL
COURT
Section 101. Appeal As Of Right — How Taken
(a)
Filing the Notice Of Appeal. An appeal permitted by the
laws of the Tribe as of right from the Tribal District Court to the
Supreme Court of the Tribe shall be taken by filing a notice of
appeal with the Clerk of the Tribal District Court within the time
allowed by Section 102, or by the statute applicable in the specific
case. Failure of an appellant to take any step other than the timely
filing of a notice of appeal does not affect the validity of the appeal
but is grounds only for such action as the Supreme Court deems
appropriate, which may include dismissal of the appeal.
(b)
Joint or Consolidated Appeals. If two or more persons
are entitled to appeal from a judgment or order of Tribal District
Court, and their interests are such as to make joinder practicable,
they may file a joint notice of appeal, or may join in appeal after
filing separate timely notices of appeal, and they may thereafter
proceed on appeal as a single appellant. Appeals may be
consolidated by order of the Supreme Court upon its own motion or
upon motion of a party, or by stipulation of the parties to the
several appeals.
(c)
Content of the Notice of Appeal. The notice of appeal
shall specify the parties to the appeal; shall designate the order,
commitment, or judgment appealed from, the docket, civil,
criminal, juvenile, or small claims of the Tribal District Court from
which the appeal is taken, and a short statement of the reason or
grounds for the appeal. An appeal shall not be dismissed for
informality of form or title of the notice of appeal.
(d)
Service of the Notice of Appeal. The Clerk of the Tribal
District Court shall serve notice of the filing of an appeal by mailing
a copy of the notice of appeal, which copy shall be provided by the
appealing party, to counsel of record of each party other than the
appellant, and to the party at his last known address; and shall

TITLE

APPELLATE PROCEDURE

forthwith certify and deliver to the Clerk of the Supreme Court, for
filing in the Supreme Court, a certified copy of the notice of appeal.
The Clerk of the Supreme Court shall enter such filing upon the
docket of the Supreme Court. When an appeal is taken by a
defendant in a criminal case, the Clerk of the Tribal District Court
shall also serve a copy of the notice of appeal upon the appellant,
either by personal service or by mail addressed to him. The Clerk of
Tribal District Court shall note on each copy served the date on
which the notice of appeal was filed. Failure of the Clerk to serve
notice shall not affect the validity of the appeal.. Service shall be
sufficient notwithstanding the death of a party or his counsel. The
Clerk shall note in the docket the names of the parties to whom he
mails copies, with the date of mailing.
(e) Payment of Fees. Upon the filing of any separate or joint
notice of appeal from the Tribal District Court, the appellant shall
pay to the Clerk of the Tribal District Court, for deposit in the Court
Fund, of the filing fee which shall be in such amount as may be
determined by rule of the Supreme Court, except that payment of a
filing fee shall not be required for an appeal by the Tribe, its officers,
or agents when acting in their official capacity. If a private party
joins in an appeal by the Tribe, tribal officers, or tribal agents, the
private party shall pay the required filing fee. The Supreme Court, or
a Justice thereof, may waive payment of the filing fee in criminal
cases when the defendant, by affidavit or otherwise, establishes that
he is without sufficient funds or resources with which to pay the
required fees.
Section 102. Appeal As Of Right — When Taken (a)
Appeals In Civil Cases.
(1) In a civil case in which an appeal is permitted by
law as of right from the Tribal District Court to the Supreme
Court, the. notice of appeal required by Section 101_shall be
filed with the Clerk of the Tribal District Court within the
following time periods after entry of the judgment or order
appealed from, if a time certain is not otherwise provided by
statute:

2

TITLE

APPELLATE PROCEDURE
(i)
From an order or judgment is an action for
forcible entry or forcible or unlawful detainer. Ten (10)
Days;
(ii)
From an order, decree, or judgment of the
Juvenile Division of the District Court, (except an order,
decree, or judgment which terminates parental rights).
Thirty (30) Days.
(iii) From an order, decree, or judgment of the
Juvenile Division of the District Court which terminates
parental rights. Ninety (90) Days.

(2)
Except as provided in subsection (a)(4) of this
Section, a notice of appeal filed after the announcement of a
decision or order but before the formal entry of the judgment
or order shall be treated as filed after such entry and on the
day thereof.
(3)
If a timely notice of appeal is filed by a party, any
other party may file a notice of appeal within 14 days after the
date on which the first notice of appeal was filed, or within the
time otherwise prescribed by this Section, whichever period
last expires.
(4)
If a timely motion under the Civil Procedure Act is
filed in the Tribal District Court by any party.
(i)

for judgment notwithstanding the verdict, or

(ii)
to amend or make additional findings of fact,
whether or not an alteration of the judgment would be
required if the motion is granted, or
trial,

(iii)

to alter or amend the judgment or for a new

then, and in that event, the time for appeal for all parties shall run
from the entry of the order denying a new trial or granting or
denying any other such motion. A notice of appeal filed before the
disposition of any of the above motions shall have no effect. A new

3

TITLE

APPELLATE PROCEDURE

notice of appeal must be filed

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Apawnee_oklahoma%3Ab786dca3f4409929. Public record. Not legal advice.