PONCA TRIBE OF NEBRASKA

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LAW AND ORDER CODE

TITLE I

GENERAL PROVISIONS

CHAPTER 1

PRELIMINARY PROVISIONS

Section 1-1-1. Constitutional Authority. This Law and Order Code

is adopted pursuant to the authority vested in the Ponca Tribal

Council under the Constitution of the Ponca Tribe of Nebraska.

Section 1-1-2.

Designation of Code.

This Law and Order Code shall be the official Code of

the Ponca Tribe of Nebraska and shall be composed of all ordinances

enacted by the members and/or the Tribal Council of the Tribe and

all amendments and supplements thereto.

This Law and Order Code shall be known as the Code of

the Ponca Tribe of Nebraska and cited as “Ponca Tr. of Neb. Code”

followed by the number of the title, the number of the chapter in

the title, and the number of the section in the chapter, each

separated by a dash.

Example: This section shall be cited as

“Ponca Tr. of Neb. Code § 1-1-2.” This Law and Order Code may also

be referred to as the “Code” or “Ponca Tribe of Nebraska Code,”

and may be abbreviated as PTNC.

The matter set forth in the official edition of the Code

of the Ponca Tribe of Nebraska current at any time shall, together

with any then current supplement, if any, establish prima facie

the laws of the Ponca Tribe of Nebraska, general and permanent in

their nature.

Whenever the titles of this Code or any portion

thereof are enacted by resolution or ordinance, the text of such

resolution or ordinance and any accompanying enactment shall be

legal evidence of the laws therein contained.

Section 1-1-3.

Effective Date of Enactments.

When a title of this Code or any portion thereof provides

by its terms that it shall take effect on a specified time and

date, such enactment shall become effective on the date and time

therein specified.

When a title of this Code or any portion thereof provides

by its terms that it shall take effect on a specified day only,

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such enactment shall become effective at midnight on the date

specified in the enactment.

When a title of this Code or any portion thereof does

not provide by its terms for an effective date, it shall be deemed

to take effect immediately.

Section 1-1-4.

Retroactive Effect of Enactments.

No title of this Code or any portion

retroactive unless expressly declared therein.

thereof

When a title of this Code or any portion thereof provides

that it will only apply to conduct, acts, transactions or

occurrences on or after a certain date, including the effective

date, conduct, acts, transactions or occurrences before such date

shall be governed by the version of the Code in effect at the time

of such conduct, act, transaction or occurrence.

Section 1-1-5. Prior Inconsistent Ordinances Repealed. Any and

all ordinances and codifications enacted before November 21, 2015

by the Ponca Tribal Council that are of the same subject matter or

conflict in any way with the provisions of this Code are hereby

repealed and shall not be cited other than for documenting history

or legislative intent; however, this repeal shall not affect the

validity of any actions undertaken under previous laws and

ordinances.

Section 1-1-6. Amendment of Law and Order Code. This Code may be

amended, additions made thereto, or deletions made therefrom, in

the manner provided for the adoption of Tribal Council ordinances.

Amendments and additions to this Code shall become a part thereof

for all purposes and shall be codified and incorporated herein in

a manner consistent with the numbering and/or annexation hereof.

Section 1-1-7. Effective Date. This Code shall become effective

upon passage by the Tribal Council in accordance with the Tribal

Ordinance governing adoption of Ordinances.

Section 1-1-8. Territorial Applicability. The effective area of

this Code shall be the territory of the Tribe, as defined herein.

Section 1-1-9. General Rules of Construction. In construing the

provisions of this Code, unless the context otherwise requires,

the following shall apply:

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This Code shall be liberally construed to effect its

object and purpose and to promote justice;

This Code shall not be construed as waiving or diluting

or limiting the sovereignty, authority, or jurisdiction of the

Tribe; and

Whenever possible, this Code shall

consistent with the common law of the Tribe.

Section 1-1-10.

construed

Words and Phrases.

Words and phrases shall be construed according to their

common and approved meaning and use within the territory of the

Tribe and nearby surrounding communities.

Technical words and phrases and those which have

acquired a peculiar and appropriate meaning in the law shall be

construed according to such peculiar and appropriate meaning.

Section 1-1-11. Tense, Number, and Gender. Unless the context

requires otherwise, in this Code:

Words in the present tense include the future and the

past tense;

Words in the singular number include the plural, and

words in the plural number include the singular;

Words of the masculine gender include masculine and

feminine genders and the neuter;

Words of the feminine gender include the feminine and

masculine genders and the neuter; and

Words of the neuter include the neuter and the masculine

and feminine genders.

Section 1-1-12. Severability. If any provision of this Code or

the application of any provision to any person or circumstance is

held invalid, the remainder of this Code shall not be affected

thereby and to this end the provisions of this Code are declared

to be severable.

Section 1-1-13.

Definitions.

Unless the context requires

otherwise or another definition is provided for a particular title,

article, chapter, or section, in this Code:

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“Adult” means a person who is nineteen (19) years of age

or older or a child who has been emancipated.

“Child” means a person who is under nineteen (19) years

of age and has not been emancipated.

“Code” means the Code of the Ponca Tribe of Nebraska in

its entirety.

“Constitution” means the Constitution of the Ponca Tribe

of Nebraska.

“Includes” and “including” means not limited to and is

not a term of exclusion.

“Indian” or “Indian Person” means any person of Indian

descent who is a member of any federally recognized Tribe.

“Laws of the Tribe” means the Constitution and By-Laws

of the Ponca Tribe of Nebraska; this Code; any ordinances, rules

and regulations of the Tribe, or any of its departments,

commissions, boards, or agencies; any orders or decisions of the

Tribal Council or any other department, commission, board, agency,

court or tribunal of the Tribe; and the common law of the Tribe.

“Majority” and “age of majority” as used in reference to

the age of persons means the age of nineteen (19) years or more.

“Member” means a person

Membership Roll of the Tribe.

whose

name

appears

the

10. “Minor” as used in reference to the age of persons means

a person under the age of nineteen (19) years.

11. “Person” means any individual, sole proprietorship,

partnership, association, company, limited liability company,

corporation, foundation, labor organization, firm, society, joint

stock company, group of organizations or other organized group of

individuals.

12. “Territory of the Tribe” means all territory of the Ponca

Tribe of Nebraska, including, but not limited to, those lands and

communities defined as Indian Country, by 18 U.S.C. Section 1151,

including those lands held in trust by the United States for the

benefit of the Tribe and members of the Tribe, and dependent Indian

communities; all lands within any service area of the Tribe as

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defined by Public Law 101-484 and any amendments thereto and all

lands within the territory to which the Ponca Tribe of Nebraska

and its members retain aboriginal right, title or interest, and

those lands to which right, title or interest is reserved under

the Treaty, March 12, 1858, 12 Stat. 997, and created or reserved

under the Treaty of March 10, 1865, 14 Stat. 675.

13. “Tribal Council” means the Ponca Tribal Council as set

out in Article IV of the Constitution.

14. “Tribal Court” means the Tribal Court of the Ponca Tribe

of Nebraska established by Article VI of the Constitution.

15. “Tribe” means the Ponca Tribe of Nebraska and, unless

the context requires otherwise, its Tribal Council, commissions,

boards, agencies, departments, divisions, instrumentalities,

economic enterprises, Tribal Council members, commissioners, board

members, officials, agents, officers and employees.

Section 1-1-14.

Principles of Common Law.

Except as superseded by the Constitution and By-laws of

the Tribe or this Code, the customs and traditions of the Tribe

are hereby declared to be the common law of the Tribe and shall be

the law applicable within the territory of the Tribe and shall be

the rule of decision in all agencies, departments, commissions,

courts, and tribunals of the Tribe.

The common law of the Tribe expressly does not include

the common law of any other Indian tribe, the common law of

England, the United States or any other foreign jurisdiction nor

any interpretation thereunder of the laws of the Tribe by any

courts or tribunals other than the courts and tribunals of the

Tribe.

Nothing in this subsection shall prevent an agency,

department, commission, or tribunal of the Tribe from utilizing

the laws of another Indian tribe, the United States, or any other

foreign jurisdiction for the purpose of guidance and example when

permitted by the laws of the Tribe and when no applicable specific

Tribal common law is available.

Where possible, the common law of the Tribe shall

supplement this Code and this Code shall be interpreted whenever

possible as supplementing and not displacing the common law of the

Tribe.

Section 1-1-15.

Legal Holidays.

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The following days shall be legal holidays of the Tribe:

Sunday of each week;

January 1, “New Year’s Day;”

Third Monday of January, “Martin Luther King Jr. Day;”

May

Leaders;”

12,

“Chief

Standing

Bear

Day:

Last Monday in May, “Memorial Day;”

July 4, “Independence Day;”

First Monday in September, “Labor Day;”

October

31,

“Northern

Remembering our Elders;”

Ponca

Remembering

Restoration

Day

November 11, “Veterans’ Day;”

Fourth Thursday in November, “Thanksgiving Day;”

Fourth Friday in November, “Native American Day;”

December 24, “Christmas Eve;”

December 25, “Christmas Day;” and

Our

–

Any other day the Tribal Council may, from time to time,

declare to be a legal holiday.

With the exception

subsection 1, paragraph a:

the

holiday

enumerated

When any of the holidays enumerated in subsection 1 falls

on a Sunday, the following Monday shall be observed as a holiday;

and

When any of the holidays enumerated in subsection 1 falls

on a Saturday, the preceding Friday shall be observed as a holiday.

Section 1-1-16.

Closure of Offices.

Except as expressly provided elsewhere by the laws of

the Tribe, offices, departments and agencies of the Tribe shall

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not be open, and no court or tribunal of the Tribe shall be open

on a legal holiday.

The following entities of the Tribe shall not be subject

to this Section:

Any law enforcement offices, agencies, and departments

of the Tribe, including departments and commissions charged with

the regulation of gambling, hunting, or fishing;

The Health Services Department; and

All economic enterprises of the Tribe.

Section 1-1-17.

Computation of Time.

Whenever a time is prescribed in this Code, or otherwise

provided or agreed upon, for the doing of an act or the occurrence

of an event, such time shall be calculated by excluding the first

day and including the last day.

If the last day in the time prescribed, provided or

agreed upon for doing an act is a weekend or legal holiday, it

shall be excluded from calculating the time for doing such act and

the act may be performed on the next business day as though

performed on the appointed day.

CHAPTER 2

ESTABLISHMENT OF COURTS;

JUDGES AND OTHER COURT PERSONNEL

Section 1-2-1.

Definitions.

Unless

otherwise, as used in this Chapter:

the

context

requires

“Chief Judge” means the Chief Judge of the Trial Court.

Appeals.

“Chief Justice” means the Chief Justice of the Court of

“Court of Appeals” means the Court of Appeals of the

Tribal Court established in this Chapter.

“Immediate Family” means mother, father, grandparent,

child, grandchild, brother, sister, spouse, domestic partner, or

individuals residing in the same household, including half, step

and in-law relations.

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“Judge” means a judge of the Trial Court duly appointed

by the Tribal Council and includes a justice of the Court of

Appeals.

“Justice” means a justice of the Court of Appeals of the

Tribal Court duly designated pursuant to this Chapter.

“Trial Court” means the Trial Court of the Tribal Court

established by this Chapter.

Section 1-2-2. Courts Established. There is hereby established

a court of general jurisdiction known as the Tribal Court of the

Ponca Tribe of Nebraska and consisting of a Court of Appeals, a

Trial Court, and such lower or intermediate courts and divisions

as the Tribal Council from time-to-time may establish or deem

necessary.

Section 1-2-3. Court of Appeals. The Court of Appeals shall be

comprised of a Chief Justice and such associate justices as are

required.

The Chief Justice shall be appointed as provided in

this Chapter.

In the absence of the appointment of associate

justices, the associate justices shall be selected from the judges

of the Trial Court, provided that no judge of the Trial Court shall

serve on a panel of the Court of Appeals involving an appeal or

review of that judge’s judgment, order, or decision.

Section 1-2-4.

Justices and Judges.

There shall be appointed one Chief Justice who shall be

called into service when the need arises.

Court.

There shall be appointed one Chief Judge of the Trial

There may be appointed such associate justices

judges as the Tribal Council deems necessary or desired.

and

The appointment, qualification, and compensation to be

received by such judges shall be determined by the Tribal Council,

provided, however, that once appointed a judge shall not have his

compensation decreased during his term of office, and provided

further that no judge shall be suspended or removed from office

prior to the expiration of his term, except as provided

hereinafter.

Justices and judges shall be appointed to six year terms

and may be appointed to successive terms of office.

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Section 1-2-5.

Selection of Justices and Judges.

Justices and judges shall be selected for appointment by

the Tribal Council from nominees received from the Judicial

Nominating Committee.

The Judicial Nominating Committee shall consist of five

members appointed by the Tribal Council, with each district having

at least one representative on the Committee.

The Judicial Nominating Committee shall nominate from

applicants those persons the Committee deems qualified to serve as

justices and judges of the Tribal Court and certify those

nominations to the Tribal Council for consideration.

The Tribal Council shall conduct an open hearing for

each nominated person and then select from the candidates the

justices or judges to be appointed.

Section 1-2-6.

Judges Pro Tempore.

In the absence of the appointment of at least two

associate justices and/or judges, there shall be appointed at least

two judges pro tempore who may be called into service when the

need arises, but there may be appointed as many judges pro tempore

as the Tribal Council deems necessary or desired.

Judges pro

tempore shall serve as judges and justices from time to time as

provided in this Section.

Judges pro tempore shall not serve on the Trial Court or

Court of Appeals or perform any duties related to the Tribal Court

except when designated or requested to do so by the Chief Justice

or the Chief Judge, provided that the Chief Judge may only

designate or request the services of a Judge pro tempore for

matters before the Trial Court or as otherwise provided by the

laws of the Tribe.

Judges pro tempore shall meet the same requirements and

qualifications applicable to other judges and justices of the

Tribal Court.

A judge pro tempore may serve as a judge or justice, as

the case may be, only under the following circumstances:

When necessary to comprise a full Court of Appeals in

those cases where there are insufficient judges to serve as

justices to hear a particular matter;

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When necessary to fill the role of a judge due to recusal

or other unavailability of a particular judge to hear a particular

matter before the Trial Court;

When necessary to fill the role of a judge who is

unavailable for a duration of time due to vacation, illness, or

other similar reason;

For the purpose of performing specific duties as may be

assigned by the Chief Judge or the Chief Justice, as the case may

be; or

When necessary to fill a vacancy in the office of the

Chief Judge pending appointment of a Chief Judge.

When sitting on a Trial Court or Court of Appeals, a

judge pro tempore shall perform the duties and functions of a judge

of the Trial Court or justice of the Court of Appeals, as the case

may be, and shall have all of the prerogatives and authority of

office of a judge or justice, as the case may be.

The term of a judge pro tempore may be for any period of

time not to exceed one year for any one term and a person previously

appointed as judge pro tempore may be reappointed by the Tribal

Council, provided that the powers and duties of a judge pro tempore

shall extend beyond the period of his appointment where necessary

to hear and determine any proceeding required for a final

determination of a cause heard by him in whole or in part during

the period of his appointment.

Judges pro tempore shall be compensated based upon the

actual performance of duties at a rate and manner set by the Tribal

Council. In no event shall a judge pro tempore be compensated for

attending Tribal Court proceedings or serving as judge pro tempore

except when sitting as a judge or justice or otherwise performing

the duties of a judge or justice upon proper request of the Chief

Judge or the Chief Justice.

The Tribal Council may at any time terminate the term of

a judge pro tempore, except that a judge pro tempore shall not be

removed from a case, matter, dispute, or proceeding to which he is

assigned until the termination or resolution of such case, matter,

dispute or proceeding unless the judge pro tempore is removed from

office for cause related to or reflecting upon the office of judge

pro tempore.

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Section 1-2-7.

Removal of Judges.

During tenure in office, a justice or judge may be

removed from office for any one of the following reasons:

Habitual neglect of duties of office;

Oppression in office for personal gain or advantage; or

Conviction in any court of competent jurisdiction of a

felony or crime involving moral turpitude.

Removal shall be by petition, signed by at least twentyfive percent of the number of votes cast in the last tribal

election. The Petition for removal shall be filed with the Tribal

Council.

Any justice or judge subject to removal shall be entitled

to a hearing before the Tribal Council and the right to due process

of the law.

A two-thirds affirmative vote of the full Tribal

Council shall be required to remove the justice or judge from

office.

Section 1-2-8.

Powers and Duties of Judges.

The justices and judges of the Tribal Court shall:

Administer justice and discharge all duties imposed upon

them by the laws of the Tribe;

Bear and decide matters of a judicial nature and enter

judgments and orders disposing of such matters; and

Conform their conduct to the Code of Judicial Conduct as

adopted by the American Bar Association or other rules or code of

judicial conduct adopted by the Tribal Court in accordance with

the laws of the Tribe.

All justices and judges shall have the power to:

Preserve and enforce order in their immediate presence,

and in proceedings before them, when engaged in the performance of

their judicial duties;

Compel obedience to their lawful orders;

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Compel the attendance of persons to testify

proceedings before them as provided by the laws of the Tribe;

Administer oaths to persons in proceedings before them

and in any other case where such shall be necessary in the exercise

of their powers and duties; and

Impose civil contempt by fine or other means as provided

under the laws of the Tribe to assure the effectual exercise of

these powers.

In the absence of the Tribal Court Administrator, a

justice or judge may perform the Tribal Court Administrator’s

duties in addition to his own.

The

Chief

Judge

shall

responsible

for

the

administration of the Trial Court, including assignment of cases

and the management of the Trial Court’s calendar and business.

The Chief Justice shall be responsible for the administration of

the Court of Appeals, including the management of the Court of

Appeals’ calendar and business.

Section 1-2-9. Disqualification of Judges.

shall apply to all judges:

where:

The following rules

A judge shall disqualify himself from hearing any matter

the judge has been engaged as counsel in the matter prior

to appointment as judge;

the judge is otherwise interested in the matter;

either party to the matter is a member of the judge’s

immediate family;

the judge is a material witness in the matter; or

there is cause to believe that on account of bias,

prejudice, or interest of the judge he will not be able to provide

a fair and impartial trial or render a just decision.

Any party to a legal proceedings may request a change of

assignment of judges to hear the proceedings by following the rules

proscribed in Title 2, Rule 33.

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Section 1-2-10. Separation of Powers. There shall be a separation

of power between the Tribal Court and the Tribal Council.

Decisions of the Trial Court may be appealed to the Court of

Appeals, but shall not be subject to review by the Tribal Council.

Section 1-2-11. Oath of Office of Judge. Every judge, prior to

taking office or acting in such office, shall take the following

oath or affirmation:

I, _______________, do solemnly swear (affirm) that I will support,

defend, and uphold the Ponca Tribal Constitution, that I will

support, uphold and enforce the Law and Order Code of the Ponca

Tribe of Nebraska, and that I will faithfully and impartially

discharge the duties of my office to the best of my ability.

Said oath shall be administered by the Chairperson of the Tribal

Council.

Section 1-2-12.

Court.

Tribal Court Administrator.

There shall be a Tribal Court Administrator of the Tribal

The Tribal Court Administrator

following duties and functions:

shall

perform

the

Supervise and keep all records, files, dockets or other

records required to be kept by the laws of the Tribe;

Keep a written or electronic record of all proceedings

of the Tribal Court;

Administer oaths;

Collect and account for all fines, fees or other charges

which cause money to come to the Tribal Court, deposit and account

for all such moneys in the manner prescribed by the Tribal Council,

and disburse such moneys as authorized by the laws of the Tribe;

Assist the Tribal Court in any way required to facilitate

the performance of its duties;

Aid the police or private citizens in their dealings

with the Tribal Court;

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Render assistance to individual members of the Tribe or

their counsel in the drafting of documents incidental to

proceedings in the Court.

advice.

The

Tribal

Section 1-2-13.

Court

Administrator

may

not

give

legal

Law and Justice Committee.

There is hereby established a Law and Justice Committee

as a committee of the Tribal Council and composed of an odd number

of members all appointed by the Tribal Council. The members of

the Law and Justice Committee shall have at least one member of

each of the following areas:

Legal area such as an attorney or lay advocate designated

by the Tribal Court and admitted to practice law before the Tribal

Court; an active judge, other than from the Ponca Tribal Court; or

a retired judge appointed by the Tribal Council; and Tribal Court

staff member;

Senior staff members or designee from the different

branches of the Tribe; and

Members of the Tribe appointed by the Tribal Council.

follows:

The duties of the Law and Justice Committee shall be as

Council;

To act as a liaison between the Tribal Court and Tribal

To oversee the budget of the Tribal Court and make

recommendations to the Tribal Council regarding the same;

To provide oversight of the Tribal Court and make

recommendations to the Tribal Council relating to the operations

and growth of the Court, including additional dispute resolution

methods;

To review complaints of judicial misconduct or

disability under the Code of Judicial Conduct or other applicable

rules or statutes of conduct governing the Judges and Justices of

the Tribal Court, hold public fact-finding hearings when such

complaints are supported by probable cause with the Judge or

Justice given a full opportunity to defend and be heard with legal

counsel and, if such hearing reveals clear, cogent and convincing

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evidence of a violation, to publicly admonish, reprimand or censure

the Judge or Justice or recommend suspension or removal from office

in accordance with the laws of the Tribe;

To make recommendations on amendments to the Rules of

Court to the Tribal Council and establish such rules in the absence

of Tribal Council action as permitted herein;

To approve Rules of Court governing or related to

judicial conduct as provided herein;

To set filing fees for the Tribal Court as permitted

herein;

To provide annual evaluations of the Judges and Justices

of the Tribal Court and provide the same to the Tribal Council and

members of the Tribe;

To make recommendations to the Tribal Council regarding

amendments, modifications, and additions to this Code; and

Such other duties and responsibilities as the Tribal

Council may from time designate.

The Law and Justice Committee shall designate one of its

members to act as the representative of the Committee before the

Tribal Council and to communicate the activities of the Committee

to the Tribal Council quarterly. In the absence of such

designation, the Tribal Court Administrator shall act as the

representative of the Committee before the Tribal Council.

The Law and Justice Committee shall be authorized to act

and conduct business with a majority of its appointed or designated

members, so long as at least three (3) positions on the Committee

have been filled by designation or appointment.

Section 1-2-14.

Locations/Sessions of Court.

The Tribal Court may convene for hearing cases in

Niobrara, Norfolk, Omaha, or Lincoln, Nebraska, and at such other

locations within the territory of the Tribe which may be necessary

to provide for the orderly administration of justice.

Sessions of the Tribal Court for trial of cases in all

courts and divisions, excepting the Court of Appeals, shall be

held by the Chief Judge, or in case of his disability, absence or

unavailability, by an associate judge, provided that an associate

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judge may be called in to hear cases at any time for any reasonable

cause by the Chief Judge.

In the event no associate judge is appointed, a case may

be heard by a Judge pro tempore as provided in this Chapter.

Section 1-2-15.

Rules of the Court Procedures.

The time and place of sessions of the Tribal Court and

all other details of judicial procedure not prescribed by this

Code shall be governed by Rules of Court promulgated as herein

provided.

It shall be the duty of the Law and Justice Committee,

in consultation with the Tribal Court, to make recommendations to

the Tribal Council for enactment or amendment of such Rules of

Court as it believes to be in the interests of improved judicial

procedures.

In the case of failure of the Tribal Council to establish

or approve Rules of Court, the Law and Justice Committee acting

jointly with the Chief Judge, Chief Justice, and any associate

judges shall have authority to establish such rules.

Rules of Court, enacted or amended in the above manner,

will be made a part of this Code, but failure to so codify them

shall not affect their validity.

Section 1-2-16. Rules of Professional Conduct. The Tribal Court

may adopt rules governing the professional conduct of attorneys

and judges of the Tribal Court, including amendments thereto, as

follows:

The Tribal Court, any person admitted to practice before

the Tribal Court, or any member of the Tribe may file a petition

with the Tribal Court Administrator to adopt, amend, or repeal any

rule of professional conduct. The petition shall state the grounds

for the adoption, amendment or repeal of the rule, include a draft

of the proposed new or amended rule, and may be accompanied by

supporting documentation. The form and filing of the petition and

supporting documentation shall substantially conform, insofar as

practicable, to the filing of complaints and other petitions with

the Trial Court.

After the filing of a petition, the Chief Judge shall

review the petition and any supporting documentation and determine

whether to reject it for lack of need, merit, or substance. If

the Chief Judge denies the petition for lack of need, merit, or

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substance, the Tribal Court Administrator shall promptly notify

the petitioner of the decision of the Chief Judge. The petitioner

may appeal such denial to the Court of Appeals.

If the Chief Judge does not deny the petition, the Tribal

Court Administrator shall prepare a request for comment stating

that the Court invites written comment on the merits of the

petition and indicating the place for filing such comments and the

expiration date for filing such comments, which shall be no less

than sixty (60) days from the date of service and publication of

the request.

The Tribal Court Administrator shall serve the

request for comment and a copy of the petition on all persons

admitted to practice before the Tribal Court and shall also publish

the request for comment in the Tribal newsletter or other medium

readily available to members of the Tribe.

Any person admitted to practice before the Tribal Court

and any member of the Tribe may file written comments with the

Court on the petition.

The form and filing of comments shall

substantially conform, insofar as practicable, to the filing of

complaints and other petitions with the Court. The Tribal Court

Administrator shall serve all comments filed on the petitioner

within ten (10) days of the expiration date for filing comments

and the petitioner shall have thirty (30) days from the date of

service to file any reply to the comments.

At any time prior to the expiration of the time allowed

for comment on a petition, the Chief Judge, on his own motion or

at the request of the petitioner or any person admitted to practice

before the Tribal Court or any member of the Tribe, may order that

a public hearing be held on the petition.

The Court shall

determine the method and manner of holding such hearing, which

shall be held before the Chief Judge.

The Chief Judge shall decide to either grant or deny the

petition within thirty (30) days from the expiration of the

petitioner’s time to reply or any public hearing, whichever is

later. The Chief Judge’s decision shall be served upon each person

admitted to practice before the Tribal Court and published in the

same manner as the original petition. If the Chief Judge grants

the petition, the Chief Judge shall designate an effective date

for the rule change. If the Chief Judge denies the petition, the

petitioner may appeal the denial to the Court of Appeals.

Any petition which involves the adoption, repeal, or

amendment of rules governing or related to judicial conduct shall

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also be approved by the Law and Justice Committee prior to being

effective.

Section 1-2-17. Tribal court funds. Any funds received by the

Court, whether in the form of filing fees, costs, or other fees,

shall be deposited into a tribal court account which shall be held

and maintained by the Tribe. Such funds may be used for Tribal

Court development and expenses as directed by the Tribal Council.

The funds shall be disbursed in the manner for disbursing all other

Tribal funds.

CHAPTER 3

CONTEMPTS

Section 1-3-1. Acts or Failure to Act Which Constitute Contempt

of Court. The following acts or failures to act may serve as the

basis for finding an individual or other entity in contempt of

court:

Disorderly, contemptuous, or insulting behavior toward

a justice or judge while holding court, which tends to interrupt

the course of the proceedings or undermine the dignity of the

court.

A breach of the peace, or loud, boisterous conduct which

tends to interrupt the court in a judicial proceeding.

Deceit, or abuse of process or proceedings of the court

by a party or counselor to a judicial proceeding.

Disobedience to a lawful judgment, order or process of

the court.

Assuming to be an officer, spokesman or other official

of the court and acting as such without authority.

Rescuing or taking any person or property from the court

or an officer acting under court order, contrary to the order of

the court.

Unlawfully detaining or otherwise interfering with a

witness or party to an action while such person is going to or

from a court proceeding or attending court.

Disobedience of a subpoena duly served, or refusing to

be sworn or answer as a witness.

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Any other interference with the process, proceeding, or

dignity of the court, or of a justice or judge of the Tribal Court

while in performance of his official duties.

Section 1-3-2. Civil Contempt. The following rules apply to civil

contempt:

A civil contempt is prosecuted to preserve, protect,

enforce or restore the duly adjudicated rights of a party to a

civil action against one under legal obligation to do or refrain

from doing something as a result of a judicial decree or order.

Relief in a civil contempt proceeding may be coercive or

compensatory in nature as to the complaining party and may include

a fine payable to the court or to the complaining party.

Relief for civil contempt shall be in the form of a civil

judgment and may be enforced by the court or the complaining party,

if relief is payable to the complaining party, through wage

garnishment or other means available for the enforcement of civil

judgments.

Section 1-3-3. Contempt Procedures.

contempt procedures:

The following rules apply to

A direct contempt is one committed in the presence of

the court or so near thereto as to be disruptive of the court

proceedings, and such may be adjudged and punished summarily.

All other contempts shall be determined by a hearing at

which the person accused of contempt is given notice and an

opportunity to be heard.

CHAPTER 4

JURISDICTION

Section

1-4-1.

Territorial

Jurisdiction.

The

general

jurisdiction of the Tribal Court shall be the territory of the

Tribe. As to lands ceded to the United States, or to which the

Tribe retains right, title or interest, the Court retains original,

exclusive jurisdiction over members of the Tribe engaged in

hunting, fishing, and gathering for subsistence, ceremonial and

religious purposes.

Section 1-4-2.

Personal Jurisdiction.

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Except for limitations, restrictions, or exceptions

imposed by or under the authority of the Constitution or laws of

the United States or by express provision elsewhere in the laws of

the Tribe, the Trial Court shall have personal jurisdiction over:

Any person residing, located or present within

territory of the Tribe for any civil cause of action;

the

Any person who transacts, conducts or performs any

business or activity within the territory of the Tribe, either in

person or by an agent or representative, for any civil cause of

action arising from such business or activity;

Any person who owns, uses, leases or possesses any

property within the territory of the Tribe for any civil cause of

action arising from such ownership, use, lease or possession;

Any person who commits a tortious act or engages in

tortious conduct within the territory of the Tribe, either in

person or by an agent or representative, for any civil cause of

action arising from such act or conduct;

Any person who commits an act or omission which occurs,

wholly or in substantial part, within the territory of the Tribe,

by his own conduct or the conduct of another for which he is

legally accountable, for any civil cause of action related to such

act or omission;

Any person who commits an act or omission outside the

territory of the Tribe, but has or is intended to have substantial

effect within the territory of the Tribe for any civil cause of

action involving such act or omission or its effects;

Any person who enters into a contract, agreement, or

other consensual relationship with the Tribe or any of its members,

for any civil cause of action arising from such contract,

agreement, or other consensual relationship; and

Any licensee or permitee of the Tribe for any civil cause

of action arising from such person’s activities as a licensee or

permitee of the Tribe.

None of the foregoing bases of jurisdiction is

exclusive, and jurisdiction over a person may be established upon

anyone or more of them as applicable or upon any independent basis

existing at law but not set forth herein.

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The Trial Court shall not have jurisdiction over the

Tribe or any of its agencies, departments or enterprises, including

the officers, agents and employees of the Tribe in their capacity

as such, without the unequivocal and express consent of the Tribe

or an unequivocal and express provision in the laws of the Tribe.

Section 1-4-3.

Subject Matter Jurisdiction.

Except for limitations, restrictions, or exceptions

imposed by or under the authority of the Constitution or laws of

the United States or the Constitution of the Tribe, the Trial Court

shall have original jurisdiction over all civil causes of action

and over all controversies between any persons, except the Trial

Court shall not assume jurisdiction over any matter which does not

involve either the Tribe, its officers, agents, employees,

property or enterprises, or a member of the Tribe, or member of a

federally recognized tribe if some other forum exists for the

handling of the matter and if the matter is not one in which the

rights of the Tribe or its members may be directly or indirectly

affected.

The Trial Court shall also have:

Jurisdiction to issue injunctions, writs and other

orders necessary and proper to the complete exercise of its

jurisdiction;

Jurisdiction to certify questions of Tribal law to any

federal court or questions of Tribal law to any state court which

has a procedure for certifying questions of law;

Jurisdiction to recognize, but not enforce, valid

judgments and orders issued by courts and tribunals of other

jurisdictions where the matters subject of the judgment are not

otherwise within the jurisdiction of the Trial Court and

recognition is proper to assist the Trial Court in a matter

otherwise properly within its jurisdiction; and

Such other jurisdiction as may be provided by the laws

of the Tribe.

The Trial Court shall not have jurisdiction over any

cause of action brought against the Tribe or any of its agencies,

departments or enterprises, including the officers, agents and

employees of the Tribe in their capacity as such, unless such

jurisdiction is unequivocally and expressly granted by the laws of

the Tribe, and the grant of jurisdiction provided in this Title

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shall not be construed to include a waiver of the Tribe’s sovereign

immunity from suit. Any such grant of jurisdiction over any cause

of action brought against the Tribe or any of its agencies,

departments, enterprises, officers, agents or employees shall be

deemed original and exclusive to the Trial Court.

Notwithstanding any other provision of the laws of the

Tribe, the Trial Court shall have jurisdiction over all civil

causes of actions and over all controversies commenced by the Tribe

and nothing in this Section or elsewhere in this Code shall be

construed as limiting the jurisdiction of the Trial Court to hear

and determine matters commenced by the Tribe, provided that nothing

herein shall be construed as granting jurisdiction to the Trial

Court to hear or determine any cross-claim or counterclaim against

the Tribe or to award any monetary relief, including costs and

attorney’s fees, against the Tribe in an action commenced by the

Tribe.

Section 1-4-4. Concurrent Jurisdiction. The jurisdiction invoked

by this Code over any person, cause of action, or subject shall be

concurrent with any valid jurisdiction over the same of the courts

of the United States, any state, or any political subdivision

thereof; provided, however, this Code does not recognize, grant,

or cede jurisdiction to any political or government entity in which

jurisdiction does not otherwise exist in law.

Section 1-4-5. Jurisdiction of Court of Appeals.

Appeals shall have:

The Court of

Appellate jurisdiction in all actions and proceedings

properly before and originating in or permitted by law to be

appealed from the Trial Court;

Jurisdiction to issue injunctions, writs and other

orders necessary and proper to the complete exercise of its

jurisdiction;

Jurisdiction to certify questions of federal law to any

federal court or questions of state law to any state court which

has a procedure for certifying questions of law;

Jurisdiction to issue opinions to a foreign court or

other tribunal upon proper request or certification of a question

of Tribal law from such foreign court or other tribunal; and

Such other jurisdiction as may be provided by the laws

of the Tribe.

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CHAPTER 5

COUNSELORS AND PROFESSIONAL ATTORNEYS

Section 1-5-1.

Definitions.

Unless

otherwise, as used in this Chapter:

the

context

requires

“Attorney” means an individual professionally trained as

an attorney and licensed to practice law in any state, federal, or

Tribal jurisdiction.

“Lay advocate” means an individual admitted to practice

law before the Tribal Court but who is not professionally trained

or licensed as an attorney.

“Legal

advocate.

Section 1-5-2.

counsel”

includes

both

attorney

and

lay

Right to Representation.

Any person appearing as a party in any action before the

Tribal Court shall have the right to be represented by legal

counsel of his own choice at his own expense; provided, however,

that the Tribe has no obligation to provide or pay for such legal

counsel; provided further, that any such legal counsel appearing

before the Tribal Court shall have first obtained admission to

practice before such Courts in accordance with the procedures set

forth herein.

A person who retains the services of a lay advocate in

his defense of a criminal charge against him thereby exercises his

rights to the assistance of counsel. Any person who retains the

services of a lay advocate does so at his own risk regarding the

competence of the advocate.

Section 1-5-3. Unlawful Representation and Practice of Law. No

person shall represent or attempt to represent any person before

the Tribal Court except as permitted by the Tribal Court and this

Chapter. No person shall practice law or attempt to practice law

within the territory of the Tribe unless such person is also

admitted to practice before the Tribal Court in accordance with

this Chapter.

Section 1-5-4.

Eligibility for Admission.

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Any attorney who is an active member in good standing of

and eligible to practice before the bar of any United States court

or the highest court in any state, territory, or insular possession

of the United States is eligible to be admitted to practice before

the Tribal Court as an attorney.

Any person who is not an attorney is eligible to be

admitted to practice before the Tribal Court as a lay advocate.

Lay advocates shall be held to the same standards of knowledge and

ability as are expected of attorneys.

Section 1-5-5.

Procedure for Admission.

Any person desiring to be admitted to practice before

the Tribal Court shall apply for admission by certifying under

oath, either verbally or in writing, the following:

If he is an attorney, that he is an active member in

good standing of eligible to practice before the bar of any United

States court or the highest court in any state, territory, or

insular possession of the United States and he is in good standing

in all courts and jurisdictions where admitted;

That he has never been disbarred, suspended, censured,

or received a reprimand pertaining to his conduct or fitness to

practice before any court or administrative body; and

That if admitted to practice before the Tribal Court, he

consents to the Court’s exercise of disciplinary jurisdiction over

him related to his admission to and practice before the Tribal

Court and will take the required oath as prescribed in the Law and

Order Code for legal counsel and be bound thereby.

A non-refundable application fee shall be tendered upon

submittal of the application unless waived as provided herein.

Upon receipt of an application for admission to practice

before the Tribal Court, the Chief Judge shall review the

application and may investigate the truth of the matters contained

therein. If satisfied that the applicant meets the qualifications

set forth herein, the Chief Judge shall notify such person who may

then appear in person to take the oath prescribed herein or may

subscribe his signature to such oath and forward it to the Chief

Judge.

Upon taking of the oath, either orally or in writing,

the Chief Judge shall cause a certificate to be issued evidencing

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the admission of the legal counsel to practice before the Tribal

Court.

Any person denied admission shall have a right to appeal

and have a due process hearing before the Court of Appeals.

The Tribal Court shall retain the right to establish and

require the taking of a bar examination for admission to practice

before the Tribal Court.

Section 1-5-6.

Fees.

The Law and Justice Committee, subject to input and

recommendations from the Tribal Court, shall determine application

fees for admission of legal counsel as well as annual fees to be

paid by admitted legal counsel.

The Law and Justice Committee, subject to input and

recommendations from the Tribal Court, may waive application fees

and annual fees for lay advocates.

The application fee and any annual fee shall be waived

for attorneys employed by the Tribe and for others upon Tribal

Council resolution.

Application and annual fees may go into a special Bar

Admission Fund to be used for training of Tribal Court staff, lay

advocates and other officers of the Tribal Court or else shall be

deposited into the Tribal Court account in accordance with Section

1-2-17.

Section 1-5-7. Oath of Legal Counsel. Upon admission to practice

as provided herein, legal counsel shall take the following oath,

either verbally before the Court or, if admitted without personally

appearing, by subscribing his signature to such oath:

I do solemnly swear (affirm)that I will support and defend the

Constitution and By-Laws, Law and Order Code and all resolutions

and ordinances of the Ponca Tribe; that I will maintain the respect

due the Courts and Judicial officers of the Ponca Tribe; that I

will not counsel or maintain any suit or proceedings which shall

appear to me to be unjust, nor any defense except such as I believe

to be honestly debatable under the law of the land; that I will

employ for such purposes of maintaining the cause confided to me

such means only as are consistent with truth and honor, and

will never seek to mislead the judge or jury by any artifice or

false statement or fact or law; that I will maintain the

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confidences and preserve inviolate the secrets of my client, and

will accept no compensation in connection with his business except

from him or with his knowledge and approval; that I will abstain

from all offensive personality and advance no fact prejudicial to

the honor or reputation of a party or witness, unless required in

justice by the cause with which I am associated; that I will never

reject, from any consideration personal to myself, the cause of

the defenseless or oppressed or delay any man’s cause for lucre or

malice.

Section 1-5-8. Duties and Standards of Conduct. All legal counsel

shall conform their conduct to the Rules of Professional Conduct

as adopted by the American Bar Association or other rules of

professional conduct adopted by the Court pursuant to the laws of

the Tribe. In addition, all legal counsel shall be duty bound to

give immediate written notice to the Court of any formal discipline

imposed upon him, including dates and terms thereof, by any court,

jurisdiction or administrative tribunal.

Section 1-5-9.

Disbarment and Discipline.

Whenever it is made to appear to the Chief Judge that

any legal counsel admitted to practice before the Tribal Court has

been disbarred or suspended from practice in any jurisdiction where

such legal counsel is admitted to practice, such legal counsel

shall immediately be given notice at his last known address that

he shall be suspended from practice before the Tribal Court for an

indefinite period unless he files a written reply within fourteen

business days and shows good cause why such order should not be

made. Legal counsel may appeal the Chief Judge’s decision to the

Court of Appeals.

Any judge who finds legal counsel admitted to practice

before the Tribal Court to be in contempt of Court may, in addition

to any other sanction imposed, order the legal counsel to appear

within thirty (30) days or the next scheduled court date and show

cause why he should not be suspended from practicing before the

Tribal Court.

The Chief Judge may, upon receiving a written complaint,

signed under oath or affirmation, which indicates that legal

counsel admitted to practice before the Tribal Court has acted in

an unethical or otherwise improper manner while functioning as

legal counsel, order such legal counsel to appear and defend

himself at a hearing, to hear all evidence relevant to the matter,

and may order the suspension of such legal counsel if such appears

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reasonably necessary or appropriate. If the Chief Judge is the

complainant, another Judge shall hear and decide the matter.

All suspensions from practice before the Tribal Court

shall be for an indefinite period unless the Judge specifically

orders otherwise.

Legal counsel suspended for an indefinite

period, or one suspended for a specific period, may petition the

Tribal Court for permission to re-apply for permission to practice

at the end of one year or the specific period of suspension, and

such permission shall be granted if it is made to appear, at a

hearing or otherwise as the Court shall direct, that he has been

adequately reproved and now appears willing to conduct himself in

a proper manner, and that the petitioner has been reinstated to

practice if previously disbarred or suspended in another

jurisdiction.

Section 1-5-10. Non-Admitted Attorneys. An attorney who is not

admitted to practice before the Tribal Court but who is a member

in good standing of and eligible to practice before the bar of any

United States court or the highest court in any state, territory,

or insular possession of the United States, and who has been

retained to appear in a particular case pending in the Tribal

Court, may, in the discretion of the Judge before whom the case is

pending, be permitted upon written application to appear as legal

counsel in such case if legal counsel admitted to practice before

the Tribal Court is associated as attorney of record.

Absent

special circumstances, repeated appearances by any attorney under

this Section is a cause for denial of an application.

CHAPTER 6

SUBPOENAS AND SERVICE OF OTHER PAPERS

Section 1-6-1.

Issuance of Subpoenas.

The Tribal Court

Administrator shall issue subpoenas to compel the attendance of

witnesses or such other persons as a Judge may direct for a trial,

hearing, or other proceedings before the Tribal Court.

Section 1-6-2.

Services of Subpoenas; Return of Service.

Subpoenas in all cases shall be served by law enforcement

officers or other person designated by the Chief Judge.

Except by order of the Court based upon good cause shown,

no subpoena shall be served between the hours of 10:00 p.m. and

7:00 a.m. or on Sundays or legal holidays.

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The person serving a subpoena shall endorse upon the

copy served his name, title, and the place, date, and time of

service.

The person serving a subpoena shall make a return to the

Tribal Court Administrator stating the name of the case, the name

of the person served, the place, date, and time of service and

shall subscribe his name thereto under penalty of perjury for the

intentional making of a false return.

CHAPTER 7

GENERAL PROVISIONS

SOVEREIGN IMMUNITY, LIMITATIONS OF ACTIONS

Section 1-7-1. Adoption by Reference Not a Waiver of Sovereign

Power of the Ponca Tribe. The adoption of any law, code or other

document by reference into this Code shall in no way constitute a

waiver or cession of any sovereign power of the Tribe to the

jurisdiction whose law or code is adopted or in any way diminish

such sovereign power, but shall result in the law or code thus

adopted becoming the law of the Tribe.

Section 1-7-2. Sovereign Immunity.

Except as required by federal law, or the Constitution

of the Tribe, or if specifically waived by a resolution or

ordinance of the Tribal Council specifically referring to such,

the Tribe shall be immune from suit in any civil action, and its

officers and employees immune from suit in any civil action arising

from the performance of their official duties.

The Tribe shall not be liable for damages arising from

the conduct of any of its employees which is not within the scope

of the officer or employee’s official duties.

In no case shall the Tribe’s consent to resolve disputes

by arbitration in a contract for goods or services or other matter

constitute a waiver of the sovereign immunity of the Tribe or its

entities, officers and employees, unless expressly agreed to by

the Tribal Council.

Section 1-7-3. Actions By or Against the Tribe or It’s Officers

or Employees. In any action otherwise authorized by or against

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the Tribe or its officers or employees arising from the performance

of their official duties, the following modifications to the rules

and procedures set forth in this Code shall apply.

The periods of time specified for civil cases or appeals

in which an answer, reply, or other pleading, or response of any

kind shall be required, shall be double the period specified.

Neither the Tribe nor its officers or employees when

involved in a civil action arising from the performance of their

official duties shall be liable for the payment of the costs or

expenses, including attorney’s fees, of the opposing party.

Neither the Tribe nor its officers or employees when

involved in a civil action arising from the performance of their

official duties shall be required to post security by bond or

otherwise for any purpose.

Section 1-7-4.

Limitations in Civil Actions.

Unless otherwise specifically provided in this Code, the

following limitations on the bringing of civil actions shall apply:

Any action against the Tribe or its officers derivative

of lease of tribal land must be commenced within six (6) years of

the date the cause of action occurred.

Any other action against the Tribe or its officers or

employees arising from the performance of their official duties

must be commenced within one (1) year of the date the cause of

action accrued, provided that any cause of action that is based on

fraud or mistake shall not be deemed to have accrued until the

aggrieved party has discovered the facts constituting fraud or

mistake.

Any other action must be commenced within three (3) years

of the date the cause of action accrued, provided, however, that

the cause of action based on fraud or misrepresentation shall not

be deemed to have accrued until the aggrieved party has discovered

the facts constituting the fraud or misrepresentation.

None of the above limitations of action shall

construed as a waiver of the Tribe’s sovereign immunity.

Section 1-7-5.

Recognition of Foreign Court Orders/Judgments.

The Tribe shall recognize and enforce valid foreign court judgments

and orders if:

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The foreign court recognizes and enforces judgements and

orders of the Tribal Court; and

The foreign court judgment is not contrary to the public

policy of the Tribe.

Nothing in this subsection shall prevent the Tribal

Council, by duly executed Tribal Council Resolution, from making

the foregoing provisions not applicable to any transaction,

agreements, or other matter specified in such Tribal Council

Resolution.

CHAPTER 8

WEAPONS ON PONCA TRIBE OF NEBRASKA PROPERTY

Section 1-8-1. Purpose. The purpose of this chapter is to ensure

the safety of tribal members and all others on the lands and

property of the Tribe by categorically excluding the possession of

firearms of any kind on all lands and property and in all buildings

and vehicles of the Tribe.

Section 1-8-2.

Definitions. Unless

otherwise, as used in this Chapter:

the

context

requires

“Authorized Individual” means a person specifically

authorized under this Chapter to carry weapons on the Tribe’s

property.

“Law Enforcement Officer” means a person who is

designated as such by the laws of the Tribe or who otherwise is

elected, appointed, or employed by the Tribe or other government

and vested with the authority to bear arms and make arrests and

whose primary responsibility is the prevention and detection of

crime or the enforcement of penal, criminal, traffic, or highway

laws, including certified supervisory and command personnel whose

duties include the supervision, training, guidance, and management

responsibilities of law enforcement officers, but does not include

support personnel.

“Premises of the Tribe” means lands, grounds or property

of the Tribe and any building, facility or vehicle of the Tribe,

whether owned, leased, or held in trust for the Tribe.

Section 1-8-3.

Prohibition; Exceptions.

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No person shall go armed with, carry, or transport a

firearm, deadly weapon or dangerous instrument of any kind, whether

concealed or not, on the premises of the Tribe.

The Tribe has and reserves the right to inspect any

person entering or found on the premises of the Tribe as well as

any articles and property in any person’s possession to detect

firearms, deadly weapons or dangerous instruments.

The Tribe may and reserves the right to confiscate any

firearm, deadly weapon, or dangerous instrument found on the

premises of the Tribe.

This Section shall not apply to:

Authorized Individuals being armed with, carrying or

transporting firearms, deadly weapons or dangerous instruments

which such Authorized Individuals are authorized to carry on the

premises of the Tribe in the course of their official or normal

duties;

Law Enforcement Officers being armed with, carrying or

transporting firearms, deadly weapons or dangerous instruments

which such Law Enforcement Officers use or are authorized to carry

as part of their duties, on the premises of the Tribe in the course

of their official duties;

A member of the armed forces of the United States or of

the national guard, when the person’s duties or lawful activities

require or permit being armed with, carrying or transporting

firearms, deadly weapons or dangerous instruments on the premises

of the Tribe; or

Any person of at least the age of majority who has in

his immediate possession a valid and lawfully issued license or

permit to carry a firearm which has been issued under the laws of

a state of the United States, provided such person shall carry the

handgun in compliance with the laws of the Tribe.

This Section shall not apply to lands or property owned

by the Tribe and used for the purpose of a private residence when

the person armed with, carrying or transporting the firearm, deadly

weapon or dangerous instrument is the authorized resident of the

land or property and no other law or policy of the Tribe prohibits

the person from being armed with, possessing, carrying or

transporting the firearm, deadly weapon or dangerous instrument on

such land or property.

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This Section shall not apply to the use of firearms or

other weapons while hunting on the Tribe’s lands in accordance

with the laws of the Tribe.

A person who violates this Section may:

Immediately be forced to leave the premises of the Tribe

and unless and until such person returns without any firearm,

deadly weapon or dangerous instrument;

Lose services from the Tribe for a time period set by

the Tribal Council;

Be excluded or banned from the premises of the Tribe for

a time period set by the Tribal Council; or

May be referred to appropriate law enforcement agencies

for possible criminal charges, including trespassing.

Section 1-8-4.

Authorization to Carry Weapons.

The Tribal Council may authorize individuals to carry

firearms, deadly weapons or dangerous instruments on the premises

of the Tribe to an individual who:

Needs to carry a firearm, deadly weapon or dangerous

instrument on the premises of the Tribe as part of the individual’s

duties as an employee, officer or agent of the Tribe, such as fish

and game wardens, security personnel, Tribal Court officers, and

individuals specifically authorized to possess weapons on tribal

property for ceremonial purposes;

Submits to a comprehensive background investigation

designated by the Tribal Council, including but not limited to

criminal and mental health evaluations;

Has not been convicted or pleaded guilty or no contest

in any court of a crime punishable by imprisonment for a term

exceeding one year;

Is not a fugitive from justice;

Is not an unlawful user of or addicted to any controlled

substance;

Has not been adjudicated

committed to a mental institution;

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mentally

ill

been

Has not been discharged from the armed forces of the

United States or the national guard under dishonorable conditions;

Is not subject to a court order issued after a hearing

of which such individual received actual notice and had an

opportunity to participate that restrains the individual from

harassing, stalking, or threatening an intimate partner or child

or prohibits the use, attempted use, or threatened use of physical

force against such intimate partner or child;

Has not been convicted in any court of a misdemeanor

crime of domestic violence; and

Otherwise meets any standards or conditions required by

the Tribal Council.

The Tribal Council may revoke an Authorized Individual’s

authorization to carry firearms, deadly weapons or dangerous

instruments on the premises of the Tribe at any time if the

individual no longer meets the requirements set forth in this

Section. The decision to revoke such authorization shall be final

and not subject to appeal or challenge in any court or tribunal.

The Emergency Management Office of the Tribe or other

staff designated by Tribal Council shall maintain a list of all

currently Authorized Individuals which shall be available for

review at all times by the Tribal Council, the Tribal Court, Tribal

administration officials, directors of Tribal departments, and law

enforcement officers of the Tribe.

Section 1-8-5.

Savings.

Nothing in this Chapter shall be construed as establishing or

creating any right or entitlement to be armed with, carry, or

transport a firearm, deadly weapon or dangerous instrument of any

kind, concealed or not, on the premises of the Tribe.

Any

authorization to be armed with, carry, or transport a firearm,

deadly weapon or dangerous instrument on the premises of the Tribe

shall be deemed a privilege subject to revocation or cancellation

at any time.

Approved 11/21/15

Resolution 15-75

Revised 9/29/18

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Resolution 18-68

Revised 11/5/18

Resolution 18-79

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.