# PONCA TRIBE OF NEBRASKA

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aponca_nebraska%3A816d6d58ad5e8280

## Record

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

## Text

PONCA TRIBE OF NEBRASKA
LAW & ORDER CODE
TABLE OF CONTENTS
TITLE I
GENERAL PROVISIONS
CHAPTER 1 PRELIMINARY PROVISIONS
Section 1-1-1
Constitutional Authority
Section 1-1-2
Designation of Code
Section 1-1-3
Effective Date of Enactments
Section 1-1-4
Retroactive Effect of Enactments
Section 1-1-5
Prior Inconsistent Ordinances Repealed
Section 1-1-6
Amendment of Law and Order Code
Section 1-1-7
Effective Date
Section 1-1-8
Territorial Applicability
Section 1-1-9
General Rules of Construction
Section 1-1-10 Words or Phrases
Section 1-1-11 Tense, Number, and Gender
Section 1-1-12 Severability
Section 1-1-13 Definitions
Section 1-1-14 Principles of Common Law
Section 1-1-15 Legal Holidays
Section 1-1-16 Closure of Offices
Section 1-1-17 Computation of Time

I-1
I-1
I-1
I-2
I-2
I-2
I-2
I-2
I-3
I-3
I-3
I-3
I-4
I-5
I-6
I-7
I-7

CHAPTER 2 ESTABLISHMENT OF COURTS; JUDGES AND OTHER COURT PERSONNEL
Section 1-2-1
Definitions
I-7
Section 1-2-2
Courts Established
I-8
Section 1-2-3
Court of Appeals
I-8
Section 1-2-4
Justices and Judges
I-8
Section 1-2-5
Selection of Justices and Judges
I-8
Section 1-2-6
Judges Pro Tempore
I-9
Section 1-2-7
Removal of Judges
I-11
Section 1-2-8
Powers and Duties of Judges
I-11
Section 1-2-9
Disqualification of Judges
I-12
Section 1-2-10 Separation of Powers
I-13
Section 1-2-11 Oath of Office of Judge
I-13
Section 1-2-12 Tribal Court Administrator
I-13
Section 1-2-13 Law and Justice Committee
I-14
Section 1-2-14 Locations/Sessions of Court
I-16
Section 1-2-15 Rules of the Court Procedures
I-16
Section 1-2-16 Rules of Professional Conduct
I-17
Section 1-2-17 Tribal Court Funds
I-18
CHAPTER 3 CONTEMPTS
Section 1-3-1
Acts or Failure to Act Which Constitute
Contempt of Court
Section 1-3-2
Civil Contempt
Section 1-3-3
Contempt Procedures

1

I-18
I-19
I-19

CHAPTER 4 JURISDICTION
Section 1-4-1
Territorial Jurisdiction
Section 1-4-2
Personal Jurisdiction
Section 1-4-3
Subject Matter Jurisdiction
Section 1-4-4
Concurrent Jurisdiction
Section 1-4-5
Jurisdiction of Court of Appeals

I-20
I-20
I-21
I-22
I-23

CHAPTER 5 COUNSELORS AND PROFESSIONAL ATTORNEYS
Section 1-5-1
Definitions
Section 1-5-2
Right to Representation
Section 1-5-3
Unlawful Representation and Practice of Law
Section 1-5-4
Eligibility for Admission
Section 1-5-5
Procedure for Admission
Section 1-5-6
Fees
Section 1-5-7
Oath of Legal Counsel
Section 1-5-8
Duties and Standards of Conduct
Section 1-5-9
Disbarment and Discipline
Section 1-5-10 Non-Admitted Attorneys

I-23
I-24
I-24
I-24
I-24
I-25
I-26
I-26
I-27
I-28

CHAPTER 6 SUBPOENAS AND SERVICE OF OTHER PAPERS
Section 1-6-1
Issuance of Subpoenas
Section 1-6-2
Services of Subpoenas; Return of Service

I-28
I-28

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
I-29
Section 1-7-2
Sovereign Immunity
I-29
Section 1-7-3
Actions By or Against the Tribe or It's
Officers or Employees
I-29
Section 1-7-4
Limitations in Civil Actions
I-30
Section 1-7-5
Recognition of Foreign Court Orders/Judgments
I-30
CHAPTER 8 WEAPONS ON PONCA TRIBE OF NEBRASKA PROPERTY
Section 1-8-1
Purpose
Section 1-8-2
Definition
Section 1-8-3
Prohibition; Exceptions
Section 1-8-4
Authorization to Carry Weapons
Section 1-8-5
Savings

I-31
I-31
I-31
I-33
I-34

TITLE II
RULES OF PROCEDURE IN CIVIL ACTIONS
CHAPTER 1 GENERAL PROVISIONS
Rule 1
Scope of Rules; Definitions
Rule 2
One Form of Action
Rule 3
Construction
Rule 4
Collateral References
Rule 5
Authority of Tribal Court Administrator
Rule 6
Unsworn Declarations under Penalty of Perjury
Rule 7
Citation

2

II-1
II-1
II-1
II-1
II-2
II-2
II-2

CHAPTER 2 COMMENCEMENT OF ACTION AND SERVICE OF PROCESS
Rule 8
Commencement of Action
Rule 9
Summons
Rule 10
Service of Summons and Complaint
Rule 11
Service of Other Papers
Rule 12
Filing
Rule 13
Constitutional Challenge to Law
Rule 14
Time
Rule 15
Proceeding in Forma Pauperis
Rules 16
No Filing Fees for Tribe

II-2
II-3
II-3
II-7
II-8
II-9
II-10
II-10
II-11

CHAPTER 3
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25

PLEADINGS AND MOTIONS
Pleadings Allowed
Motions and Orders
General rules of Pleading
Form of Pleadings
Signing of Pleadings
Defenses and Objections
Counterclaim or Crossclaim
Third Party Practice
Amendment of Pleadings

II-12
II-12
II-13
II-14
II-15
II-17
II-19
II-20
II-21

CHAPTER 4
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31

PARTIES
Parties
Joinder of Claims
Required Joinder of Parties
Permissive Joinder of Parties
Intervention
Substitution of Parties

II-22
II-22
II-23
II-23
II-24
II-25

CHAPTER 5
Rule 32
Rule 33
Rule 34
Rule 35
Rule 36
Rule 37
Rule 38
Rule 39
Rule 40

DISCLOSURE AND DISCOVERY
Prompt Disclosure
Discovery Generally
Oral Depositions
Written Depositions
Interrogatories
Production, Entry, or Inspection
Physical and Mental Examinations
Requests for Admission
Failure to Make Disclosures or Discovery

II-25
II-28
II-29
II-30
II-30
II-31
II-32
II-32
II-34

CHAPTER 6
Rule 41
Rule 42
Rule 43
Rule 44
Rule 45
Rule 46

TRIALS
Assigning Case for Trial
Dismissal of Actions
Consolidation; Separate Trials
Evidence and Testimony
Subpoenas
Judgment as a Matter of Law; Motion for New Trial;
Conditional Ruling
Findings and Conclusions by the Court

Rule 47

3

II-37
II-37
II-38
II-39
II-40
II-45
II-45

CHAPTER 7
Rule 48
Rule 49
Rule 50
Rule 51
Rule 52
Rule 53
Rule 54
Rule 55
Rule 56
Rule 57
Rule 58

JUDGMENT
Judgments; Costs
Default
Summary Judgment
Declaratory Judgments
Entry of Judgment
Satisfaction of Judgment
New Trials; Altering or Amending Judgment
Relief From Judgment or Order
Harmless Error
Stay of Proceedings to Enforce Judgment
Disability or Disqualification of a Judge

II-46
II-48
II-49
II-52
II-52
II-53
II-54
II-56
II-57
II-58
II-59

CHAPTER 8
Rule 59
Rule 60
Rule 61
Rule 62

PROVISIONAL AND FINAL REMEDIES
Injunctions and Restraining Orders
Extraordinary Writs
Offer of Judgment
Execution

II-61
II-64
II-64
II-66

CHAPTER 9
Rule 100
Rule 101
Rule 102
Rule 103
Rule 104
Rule 105
Rule 106
Rule 107
Rule 108

APPELLATE PROCEDURE
Court of Appeals; Scope; Title
Suspension of Rules
Appeal as of Right - How Taken
Appeal as of Right - When Taken
Appeal by Permission
Bond for Costs on Appeal
Stay or Injunction Pending Appeal
The Record of Appeal
Docketing the Appeal; Failing the Record;
Representation
Writs of Mandamus and Prohibition Against Trial Court
Proceeding in Forma Pauperis
Failing and Service
Extending Time
Motions
Briefs
Cross-Appeals
Brief of Amicus Curiae
Serving and Filing Briefs
Form of Briefs and Other Papers
Appeal Conferences
Oral Argument
Decision of the Appellate Court
Entry of Judgment; Notice
Interest on Judgment
Frivolous Appeal
Costs
Petition for Rehearing
Mandate
Voluntary Dismissal of Appeal

Rule 109
Rule 110
Rule 111
Rule 112
Rule 113
Rule 114
Rule 115
Rule 116
Rule 117
Rule 118
Rule 119
Rule 120
Rule 121
Rule 122
Rule 123
Rule 124
Rule 125
Rule 126
Rule 127
Rule 128

4

II-68
II-69
II-69
II-70
II-71
II-73
II-73
II-74
II-75
II-76
II-77
II-78
II-79
II-80
II-82
II-85
II-86
II-88
II-88
II-90
II-90
II-92
II-92
II-93
II-93
II-93
II-94
II-95
II-96

Rule 129

Case Involving a Constitutional Question When the
Tribe is Not a Party

II-96

TITLE III
CHILDREN AND WELFARE
CHAPTER 1 GENERAL PROVISIONS
Section 3-1-1
Purpose
Section 3-1-2
Definitions

III-1
III-2

CHAPTER 2 DEPARTMENT OF SOCIAL SERVICES
Section 3-2-1
Establishment
Section 3-2-2
General Authority
Section 3-2-3
Child Services Workers
Section 3-2-4
Rules and Regulations
Section 3-2-5
Foster Care Licensing
Section 3-2-6
Group Home Licensing
Section 3-2-7
Confidentiality
Section 3-2-8
Voluntary Placement Agreements
Section 3-2-9
Permanency Planning
Section 3-2-10 Use of Other Resources

III-5
III-6
III-6
III-7
III-8
III-8
III-9
III-10
III-11
III-11

CHAPTER 3 TRIBAL COURT
Section 3-3-1
Subject Matter Jurisdiction
Section 3-3-2
Personal Jurisdiction
Section 3-3-3
Transfer from Other Courts
Section 3-3-4
Transfer to Other Courts
Section 3-3-5
Proceedings in Best Interests
Section 3-3-6
Procedure
Section 3-3-7
Rights of Parties
Section 3-3-8
Conduct of Hearings
Section 3-3-9
Continuance
Section 3-3-10 Witness Lists and Subpoenas
Section 3-3-11 Notices of Hearings
Section 3-3-12 Use of Social Services
Section 3-3-13 Appointment of Personnel for Children and Wards
Section 3-3-14 Confidentiality of Court Records

III-12
III-12
III-13
III-14
III-15
III-15
III-16
III-16
III-17
III-18
III-18
III-19
III-20
III-20

CHAPTER 4 INDIAN CHILD WELFARE ACT REQUIREMENTS
Section 3-4-1
Purpose
Section 3-4-2
Definitions
Section 3-4-3
Enforcement
Section 3-4-4
Receipt of ICWA Notices
Section 3-4-5
Indian Child Welfare Advisory Board
Section 3-4-6
Qualified Expert Witnesses
Section 3-4-7
Placement Preferences
Section 3-4-8
Release of Information for Placement
Section 3-4-9
Intervention
Section 3-4-10 Seeking Transfer from Other Court
Section 3-4-11 Transfer from Other Court
Section 3-4-12 Procedures for Transfer from Other Court

III-20
III-21
III-21
III-21
III-22
III-23
III-23
III-23
III-24
III-25
III-26
III-26

5

Section 3-4-13
Section 3-4-14
Section 3-4-15
Section 3-4-16
Section 3-4-17

Contents of Petitions to Accept Transfer
Contents of Recommendation to Decline Transfer
Order Accepting Transfer
Order Declining Transfer
Recognition of Transferring Court Proceedings

III-27
III-28
III-28
III-29
III-30

CHAPTER 5 REPORTING AND INVESTIGATING ABUSE AND NEGLECT
Section 3-5-1
Reporting of Abuse or Neglect
Section 3-5-2
Immunity from Liability
Section 3-5-3
Fine for Not Reporting
Section 3-5-4
Central Registry
Section 3-5-5
Investigation of Reports
Section 3-5-6
Confidentiality
Section 3-5-7
Release of Information

III-30
III-32
III-33
III-33
III-34
III-35
III-35

CHAPTER 6 CHILDREN IN NEED OF ASSISTANCE
Section 3-6-1
Purpose
Section 3-6-2
Child in Need of Assistance Define
Section 3-6-3
Best Interests of Child Defined
Section 3-6-4
Voluntary Surrender of Infant Child
Section 3-6-5
Child Protection Teams
Section 3-6-6
Tribal Attorney to Represent the Tribe
Section 3-6-7
Proceedings of a Civil Nature
Section 3-6-8
Continuing Jurisdiction
Section 3-6-9
Proceedings Involving Child of Another Tribe
Section 3-6-10 Standards for Involuntary Removal
Section 3-6-11 Placement Preferences
Section 3-6-12 Placement of Children Outside of Home
Section 3-6-13 Emergency Removal of Children
Section 3-6-14 Hearings on Emergency Removal
Section 3-6-15 Initiation of Proceedings
Section 3-6-16 Summons and Service of Process
Section 3-6-17 Responsive Pleading
Section 3-6-18 Support for Child Placed Outside of Home
Section 3-6-19 Testimonial privileges Abrogated
Section 3-6-20 Orders for Examinations
Section 3-6-21 Protective Orders
Section 3-6-22 Proceeding on Petition
Section 3-6-23 Reports to Court
Section 3-6-24 Advisory Hearing
Section 3-6-25 Order After Advisory Hearing
Section 3-6-26 Adjudicatory Hearing
Section 3-6-27 Order After Adjudicatory Hearing
Section 3-6-28 Dispositional Report
Section 3-6-29 Dispositional Hearing
Section 3-6-30 Order After Dispositional Hearing
Section 3-6-31 Review Hearings
Section 3-6-32 Order After Review Hearing
Section 3-6-33 Permanency Hearing

III-36
III-36
III-37
III-38
III-38
III-41
III-41
III-41
III-42
III-42
III-43
III-44
III-45
III-46
III-48
III-49
III-50
III-50
III-50
III-50
III-51
III-52
III-53
III-55
III-55
III-56
III-57
III-58
III-58
III-59
III-60
III-61
III-62

6

Section 3-6-34
Section 3-6-35

Order After Permanency Hearing
Modification or Setting Aside Order or Decree

III-63
III-63

CHAPTER 7 CHILD OFFENDERS
Section 3-7-1
Purpose
Section 3-7-2
Definition of Child Offender
Section 3-7-3
Status Offenses
Section 3-7-4
Tribal Attorney to Represent the Tribe
Section 3-7-5
Proceedings of a Civil Nature
Section 3-7-6
Continuing Jurisdiction
Section 3-7-7
Standards for Involuntary Removal
Section 3-7-8
Placement Preferences
Section 3-7-9
Initiation of Proceedings
Section 3-7-10 Summons and Service of Process
Section 3-7-11 Responsive Pleading
Section 3-7-12 Support for Child Placed Outside of Home
Section 3-7-13 Orders for Examinations
Section 3-7-14 Proceeding on Petition
Section 3-7-15 Informal Conference
Section 3-7-16 Consent Decree
Section 3-7-17 Reports to Court
Section 3-7-18 Advisory Hearing
Section 3-7-19 Order After Advisory Hearing
Section 3-7-20 Adjudicatory Hearing
Section 3-7-21 Order After Adjudicatory Hearing
Section 3-7-22 Dispositional Report
Section 3-7-23 Dispositional Hearing
Section 3-7-24 Order After Dispositional Hearing
Section 3-7-25 Review Hearings
Section 3-7-26 Order After Review Hearing
Section 3-7-27 Modification or Setting Aside Order or Decree
Section 3-7-28 Prohibition on Subsequent Petition

III-64
III-64
III-65
III-65
III-65
III-66
III-66
III-67
III-68
III-69
III-70
III-70
III-70
III-71
III-72
III-72
III-73
III-75
III-76
III-76
III-77
III-78
III-78
III-79
III-82
III-83
III-83
III-84

CHAPTER 8 TERMINATION OF PARENTAL RIGHTS
Section 3-8-1
Purpose
Section 3-8-2
Voluntary Termination of Parental Rights
Section 3-8-3
Retention of Privileges
Section 3-8-4
Involuntary Termination of Parental Rights
Section 3-8-5
Continuing Jurisdiction
Section 3-8-6
Proceedings Involving Child of Another Tribe
Section 3-8-7
Initiation of Proceedings
Section 3-8-8
When Proceedings Mandated
Section 3-8-9
Pre-Termination Report
Section 3-8-10 Summons and Service of Process
Section 3-8-11 Responsive Pleading
Section 3-8-12 Hearing on Petition
Section 3-8-13 Order Terminating Parental Rights
Section 3-8-14 Notice of Termination of Parental Rights
Section 3-8-15 Restoration of Parental Rights

III-84
III-85
III-85
III-86
III-88
III-89
III-89
III-91
III-92
III-92
III-93
III-93
III-94
III-95
III-95

7

CHAPTER 9 GUARDIANSHIP AND CONSERVATORSHIP
Section 3-9-1
Purpose
Section 3-9-2
Definitions
Section 3-9-3
When Guardianship Permitted
Section 3-9-4
When Conservatorship Permitted
Section 3-9-5
Requirements for Finding Incapacity
Section 3-9-6
Eligibility for Appointment
Section 3-9-7
Continuing Jurisdiction
Section 3-9-8
Proceedings Involving Child of Another Tribe
Section 3-9-9
Initiation of Proceedings
Section 3-9-10 Appointment in other Proceedings
Section 3-9-11 Summons and Service of Process
Section 3-9-12 Responsive Pleading
Section 3-9-13 Orders for Examinations
Section 3-9-14 Initial Hearing
Section 3-9-15 Temporary Guardianship or Conservatorship
Section 3-9-16 Hearing on Petition
Section 3-9-17 Order of Appointment
Section 3-9-18 Acceptance of Appointments
Section 3-9-19 Oath
Section 3-9-20 Consent to Jurisdiction
Section 3-9-21 Security
Section 3-9-22 Letters
Section 3-9-23 Review Hearings
Section 3-9-24 Powers and Duties of Guardians
Section 3-9-25 Powers and Duties of Conservators
Section 3-9-26 Limited Guardians and Conservators
Section 3-9-27 Fiduciary Duties of Guardians and Conservators
Section 3-9-28 Liability to Ward
Section 3-9-29 Liability to Third Persons
Section 3-9-30 Transactions with Guardian or Conservator
Section 3-9-31 Reimbursement
Section 3-9-32 Compensation
Section 3-9-33 Reports
Section 3-9-34 Automatic Termination
Section 3-9-35 Modification or Termination by Court
Section 3-9-36 Resignation of Guardian or Conservator
Section 3-9-37 Appointment of Successor
Section 3-9-38 Final Report
Section 3-9-39 Civil Fines

III-97
III-97
III-98
III-99
III-99
III-100
III-101
III-102
III-102
III-104
III-105
III-105
III-106
III-107
III-107
III-109
III-110
III-112
III-112
III-112
III-113
III-113
III-113
III-113
III-116
III-119
III-119
III-119
III-120
III-121
III-121
III-121
III-122
III-123
III-124
III-125
III-125
III-125
III-126

CHAPTER 10 ADOPTION OF CHILDREN
Section 3-10-1 Purpose
Section 3-10-2 Who May be Adopted
Section 3-10-3 Who May Adopt
Section 3-10-4 Recognition of Customary Adoption
Section 3-10-5 Consent to Adoption; Waiver
Section 3-10-6 Form of Consent
Section 3-10-7 Withdrawal of Consent
Section 3-10-8 Proceedings Involving Child of Another Tribe
Section 3-10-9 Nature of Adoption

III-126
III-126
III-126
III-127
III-127
III-129
III-130
III-130
III-131

8

Section 3-10-10
Section 3-10-11
Section 3-10-12
Section 3-10-13
Section 3-10-14
Section 3-10-15
Section 3-10-16
Section 3-10-17
Section 3-10-18
Section 3-10-19
Section 3-10-20
Section 3-10-21
Section 3-10-22
Section 3-10-23
Section 3-10-24
Section 3-10-25

Placemen Preferences
Initiation of Proceedings
Summons and Service of Process
Responsive Pleading
Notice to Department
Investigation and Recommendation
Requirements to Complete Adoption
Affidavit of Non-Identifying Information
Hearing on Petition
Order After Hearing
Notice of Adoption
Effect of Decree
Dismissal After Death; Exception
Sealing of Records in Closed Adoption
Vacating Decree
Irregularities; Curative Period

CHAPTER 11 EMANCIPATION
Section 3-11-1 Purpose
Section 3-11-2 Emancipated Minor Defined
Section 3-11-3 Initiation of Proceedings
Section 3-11-4 Summons and Service of Process
Section 3-11-5 Responsive Pleading
Section 3-11-6 Notice of Hearing; Waiver
Section 3-11-7 Hearing on Petition
Section 3-11-8 Order After Hearing
Section 3-11-9 Effect of Emancipation
Section 3-11-10 Effect of Fraud
Section 3-11-11 Review and Revocation

III-132
III-133
III-135
III-136
III-136
III-136
III-138
III-138
III-140
III-141
III-143
III-143
III-144
III-144
III-145
III-145
III-145
III-145
III-146
III-147
III-148
III-148
III-149
III-150
III-151
III-152
III-153

TITLE IV
DOMESTIC RELATIONS
CHAPTER 1 GENERAL PROVISIONS
Section 4-1-1
Purpose and Policy
Section 4-1-2
Definitions
Section 4-1-3
Subject Matter Jurisdiction
Section 4-1-4
Personal Jurisdiction
Section 4-1-5
Procedure
Section 4-1-6
Rights of Parties
Section 4-1-7
Summons and Service of Process
Section 4-1-8
Omission of Address from Pleadings
Section 4-1-9
Responsive Pleading
Section 4-1-10 Conduct of Hearings
Section 4-1-11 Witness Lists and Subpoenas
Section 4-1-12 Notices of hearings
Section 4-1-13 Appointment of Guardian Ad Litem
Section 4-1-14 Severability
Section 4-1-15 Sovereign Immunity

9

IV-1
IV-1
IV-2
IV-2
IV-4
IV-4
IV-5
IV-5
IV-6
IV-6
IV-7
IV-7
IV-8
IV-8
IV-8

CHAPTER 2 MARRIAGE
Section 4-2-1
Purpose
Section 4-2-2
Jurisdiction
Section 4-2-3
Nature of Marriage
Section 4-2-4
Who May Marry
Section 4-2-5
Prohibited Marriages
Section 4-2-6
Marriage License & Certificate
Section 4-2-7
License to Marry
Section 4-2-8
Judicial Approval
Section 4-2-9
Solemnization and Registration
Section 4-2-10 Common Law and Traditional Marriage
Section 4-2-11 Domestic Partnership
Section 4-2-12 Putative Spouse
Section 4-2-13 Existing Marriages

IV-9
IV-9
IV-9
IV-9
IV-10
IV-10
IV-11
IV-11
IV-12
IV-13
IV-14
IV-15
IV-16

CHAPTER 3 INVALIDITY OF MARRIAGE
Section 4-3-1
Purpose
Section 4-3-2
Authority of Court
Section 4-3-3
Grounds for Invalidity
Section 4-3-4
Initiation of Proceedings
Section 4-3-5
Hearing on Petition
Section 4-3-6
Order on Invalidity
Section 4-3-7
Time Limit for Action
Section 4-3-8
Legitimacy of Children
Section 4-3-9
Conclusiveness of Declaration
Section 4-3-10 Other Provisions of Title

IV-16
IV-16
IV-16
IV-17
IV-18
IV-19
IV-19
IV-20
IV-20
IV-20

CHAPTER 4 DISSOLUTION AND SEPARATION
Section 4-4-1
Purpose
Section 4-4-2
Authority of Court
Section 4-4-3
Grounds for Dissolution
Section 4-4-4
Initiation of Proceedings
Section 4-4-5
Temporary Orders
Section 4-4-6
Separation Agreements
Section 4-4-7
Hearing on Petition
Section 4-4-8
Decree
Section 4-4-9
Disposition of Property
Section 4-4-10 Maintenance
Section 4-4-11 Child Custody
Section 4-4-12 Child Support
Section 4-4-13 Legal Counsel's Fees
Section 4-4-14 Independence of Provisions of Decree
Section 4-4-15 Modification and Termination of Decree

IV-20
IV-20
IV-21
IV-21
IV-22
IV-24
IV-26
IV-27
IV-28
IV-30
IV-32
IV-32
IV-32
IV-33
IV-33

CHAPTER 5 CHILD CUSTODY AND VISITATION
Section 4-5-1
Purpose
Section 4-5-2
Definitions
Section 4-5-3
Jurisdiction
Section 4-5-4
Continuing Jurisdiction
Section 4-5-5
Custody of Child

IV-34
IV-34
IV-35
IV-36
IV-36

10

Section 4-5-6
Section 4-5-7
Section 4-5-8
Section 4-5-9
Section 4-5-10
Section 4-5-11
Section 4-5-12
Section 4-5-13
Section 4-5-14
Section 4-5-15
Section 4-5-16
Section 4-5-17
Section 4-5-18
Section 4-5-19
Section 4-5-20
Section 4-5-21
Section 4-5-22

Visitation
Custody and Visitation When Sexual Assault
Allocation of Parental Responsibilities
Best Interests of Child
Initiation of Proceedings
Child Custody in Other Proceedings
Temporary Orders
Interviews
Investigations and Reports
Parenting Plan
Hearing on Petition
Custody Decree
Supervision
Modification of Custody Decree
Enforcement of Custody Decree
Interference with Custody
Foreign Custody Decrees

CHAPTER 6 CHILD SUPPORT
Section 4-6-1
Purpose
Section 4-6-2
Definitions
Section 4-6-3
Continuing Jurisdiction
Section 4-6-4
Confidentiality of Court Records
Section 4-6-5
Confidentiality of Hearings
Section 4-6-6
Child Support Guidelines
Section 4-6-7
Duty to Support Child
Section 4-6-8
Duration of Support Obligation
Section 4-6-9
Amount of Support Obligation
Section 4-6-10 Child Care Expenses
Section 4-6-11 Medical Support
Section 4-6-12 Payment to Court
Section 4-6-13 Exemption from Attachment
Section 4-6-14 Voluntary Agreement
Section 4-6-15 Initiation of Proceedings
Section 4-6-16 Child Support in Other Proceedings
Section 4-6-17 Orders to Facilitate Proceedings
Section 4-6-18 Hearing on Petition
Section 4-6-19 Child Support Order
Section 4-6-20 Modification of Support
Section 4-6-21 Enforcement of Child Support Order
Section 4-6-22 Income Withholding
Section 4-6-23 Seek Employment Order
Section 4-6-24 Receipt of Public Assistance
Section 4-6-25 Non-Cash Child Support
Section 4-6-26 Overpayments
Section 4-6-27 Arrearages
Section 4-6-28 Foreign Child Support Orders
Section 4-6-29 No Limitation of Actions

11

IV-38
IV-40
IV-40
IV-41
IV-44
IV-46
IV-46
IV-47
IV-47
IV-48
IV-52
IV-53
IV-53
IV-55
IV-58
IV-59
IV-59

IV-62
IV-63
IV-64
IV-65
IV-66
IV-66
IV-69
IV-70
IV-71
IV-73
IV-73
IV-77
IV-78
IV-78
IV-78
IV-80
IV-80
IV-81
IV-81
IV-83
IV-86
IV-87
IV-92
IV-93
IV-94
IV-95
IV-95
IV-96
IV-99

CHAPTER 7 PARENTAGE
Section 4-7-1
Purpose
IV-99
Section 4-7-2
Definitions
IV-100
Section 4-7-3
No Discrimination Based on Marital Status
IV-102
Section 4-7-4
Parental Liability for Child
IV-102
Section 4-7-5
Establishment of Parent-Child Relationship
IV-103
Section 4-7-6
Presumption of Parentage
IV-104
Section 4-7-7
Persons Not Considered Parents
IV-105
Section 4-7-8
Recognition and Denial of Parentage
IV-106
Section 4-7-9
Rescinding and Challenging Recognition or Denial
of Parentage
IV-109
Section 4-7-10 Gestational Agreements
IV-110
Section 4-7-11 Confidentiality of Court Records
IV-112
Section 4-7-12 Confidentiality of Hearings
IV-114
Section 4-7-13 Initiation of Proceedings
IV-114
Section 4-7-14 Admission of Parentage
IV-117
Section 4-7-15 Temporary Orders for Support
IV-117
Section 4-7-16 Orders to Facilitate Proceedings
IV-117
Section 4-7-17 Hearing on Petition
IV-117
Section 4-7-18 Order of Parentage
IV-118
Section 4-7-19 Binding Effect of Parentage Determination
IV-119
Section 4-7-20 Order for Genetic Testing
IV-120
Section 4-7-21 Standards for Genetic Testing
IV-121
Section 4-7-22 Report of Genetic Testing Results
IV-123
Section 4-7-23 Results of Genetic Testing
IV-124
Section 4-7-24 Payment of Costs of Genetic Testing
IV-125
Section 4-7-25 Limitations of Actions
IV-125
CHAPTER 8 DOMESTIC AND ELDER ABUSE
Section 4-8-1
Purpose
Section 4-8-2
Definitions
Section 4-8-3
Domestic Violence Department
Section 4-8-4
General Authority of Department
Section 4-8-5
Domestic Violence Workers
Section 4-8-6
Confidentiality of Department Records
Section 4-8-7
Use of Other Resources
Section 4-8-8
Domestic Violence Advisory Teams
Section 4-8-9
Reporting Domestic Violence
Section 4-8-10 Central Registry
Section 4-8-11 Investigation of Reports
Section 4-8-12 Protective Services and Placement
Section 4-8-13 Authority of Court
Section 4-8-14 Confidentiality of Court Records
Section 4-8-15 Confidentiality of Hearings
Section 4-8-16 Privileges
Section 4-8-17 Advocate-Victim Privilege
Section 4-8-18 Subpoenas and Visitation Warrants
Section 4-8-19 Proceedings of a Civil Nature
Section 4-8-20 Initiation of Proceedings
Section 4-8-21 Emergency Protection Order
Section 4-8-22 Hearing on Petition

12

IV-125
IV-126
IV-132
IV-132
IV-133
IV-135
IV-136
IV-136
IV-137
IV-139
IV-141
IV-142
IV-145
IV-145
IV-146
IV-147
IV-147
IV-147
IV-148
IV-148
IV-150
IV-152

Section 4-8-23
Section 4-8-24
Section 4-8-25
Section 4-8-26
Section 4-8-27
Section 4-8-28
Section 4-8-29
Section 4-8-30
Section 4-8-31
Section 4-8-32
Section 4-8-33

Protection Order
Restitution
Delivery of Order
Effect of Action by Parties
Court-Ordered Mediation Prohibited
Rights of Victims
Effect of Other Proceedings
Modification of Order
Violation of Order
Foreign Protection Orders
Order for Possession

IV-153
IV-158
IV-159
IV-159
IV-159
IV-160
IV-160
IV-160
IV-161
IV-161
IV-163

TITLE V
HOUSING AUTHORITY
CHAPTER 1 GENERAL PROVISIONS
Section 5-1-1
Purpose
Section 5-1-2
Applicability
Section 5-1-3
Declaration of Need
Section 5-1-4
Definitions
Section 5-1-5
Severability
Section 5-1-6
Sovereign Immunity

V-1
V-1
V-2
V-3
V-4
V-5

CHAPTER 2 NORTHERN PONCA HOUSING AUTHORITY
Section 5-2-1
Definitions
Section 5-2-2
Establishment
Section 5-2-3
Board of Commissioners
Section 5-2-4
Qualifications
Section 5-2-5
Term of Office
Section 5-2-6
Compensation
Section 5-2-7
Resignation and Removal
Section 5-2-8
Vacancies
Section 5-2-9
Officers
Section 5-2-10 Ethics
Section 5-2-11 Recusal
Section 5-2-12 Quorum
Section 5-2-13 Meetings
Section 5-2-14 Disbanding of Board
Section 5-2-15 Powers and Duties
Section 5-2-16 Sovereign Immunity
Section 5-2-17 Obligations of the Authority
Section 5-2-18 Purchase and Sale of Lands
Section 5-2-19 Property of Authority
Section 5-2-20 Standards of Conduct
Section 5-2-21 Rules and Regulations
Section 5-2-22 Meetings with Tribal Council
Section 5-2-23 Tribal Housing Plan
Section 5-2-24 Reports
Section 5-2-25 Audits
Section 5-2-26 Compliance with Funding Requirements

V-5
V-6
V-7
V-8
V-8
V-9
V-9
V-10
V-10
V-11
V-11
V-12
V-12
V-13
V-13
V-16
V-17
V-21
V-22
V-22
V-23
V-24
V-24
V-24
V-25
V-25

13

CHAPTER 3 TENANCIES OF AUTHORITY
Section 5-3-1
Obligations of Parties
Section 5-3-2
Settlement of Claims
Section 5-3-3
Term of Tenancy
Section 5-3-4
Required Authority Disclosures
Section 5-3-5
Rent
Section 5-3-6
Prohibited Provisions
Section 5-3-7
Delivery of Possession
Section 5-3-8
Change in Ownership of Premises
Section 5-3-9
Security Deposits
Section 5-3-10 Rules and Regulations

V-25
V-26
V-26
V-26
V-26
V-27
V-27
V-28
V-29
V-31

CHAPTER 4 TERMINATION OF TENANCIES OF AUTHORITY
Section 5-4-1
Termination of Tenancies
Section 5-4-2
Holdover Tenant
Section 5-4-3
Destruction of Dwelling Unit
Section 5-4-4
Abandonment
Section 5-4-5
Disposition of Property

V-31
V-33
V-33
V-33
V-34

CHAPTER 5 RIGHTS AND DUTIES
Section 5-5-1
Authority Duties
Section 5-5-2
Authority's Noncompliance
Section 5-5-3
Tenant Duties
Section 5-5-4
Tenant's Noncompliance

V-36
V-38
V-40
V-41

CHAPTER 6 EVICTIONS AND AUTHORITY
Section 5-6-1
Grounds for Eviction
Section 5-6-2
Self-Help Eviction Prohibited
Section 5-6-3
Procedure
Section 5-6-4
Notice to Quit
Section 5-6-5
Appeal of Notice to Quit
Section 5-6-6
Judicial Review
Section 5-6-7
Initiation of Eviction Proceedings
Section 5-6-8
Summons and Service of Process
Section 5-6-9
Response to Complaint
Section 5-6-10 Defenses
Section 5-6-11 Settlement
Section 5-6-12 Continuance
Section 5-6-13 Hearing on Complaint
Section 5-6-14 Judgment
Section 5-6-15 Stay of Judgment
Section 5-6-16 Notice to Vacate
Section 5-6-17 Enforcement of Eviction Order

V-42
V-43
V-43
V-44
V-47
V-47
V-49
V-50
V-50
V-50
V-52
V-52
V-53
V-53
V-54
V-55
V-55

14

TITLE VI
JUDICIAL REMEDIES
CHAPTER 1 GENERAL PROVISIONS
Section 6-1-1
Purpose
Section 6-1-2
Definitions
Section 6-1-3
Procedures
Section 6-1-4
Rights of Parties
Section 6-1-5
Trial of Issues of Fact
Section 6-1-6
Severability
Section 6-1-7
Sovereign Immunity

VI-1
VI-1
VI-1
VI-1
VI-2
VI-2
VI-2

CHAPTER 2 GARNISHMENT AND EXECUTION
Section 6-2-1
Power of Court
Section 6-2-2
Applicability
Section 6-2-3
Definitions
Section 6-2-4
Jurisdiction
Section 6-2-5
Limitations
Section 6-2-6
Grounds for Garnishment
Section 6-2-7
Initiation of Proceedings
Section 6-2-8
Summons and service of Process
Section 6-2-9
Responsive Pleading
Section 6-2-10 Hearing on Complaint
Section 6-2-11 Writ
Section 6-2-12 Service of Writ
Section 6-2-13 Execution
Section 6-2-14 Review of Garnishment
Section 6-2-15 Rate of Garnishment
Section 6-2-16 Priority of Garnishment Orders
Section 6-2-17 Exempt Property
Section 6-2-18 Collection of funds
Section 6-2-19 Penalties
Section 6-2-20 Protection of Employees
Section 6-2-21 Foreign Writ of Garnishment

VI-2
VI-2
VI-2
VI-3
VI-3
VI-4
VI-4
VI-6
VI-6
VI-6
VI-6
VI-7
VI-8
VI-9
VI-9
VI-10
VI-11
VI-12
VI-13
VI-14
VI-14

CHAPTER 3 INJUNCTIONS
Section 6-3-1
Power of Court
Section 6-3-2
Limitations
Section 6-3-3
Temporary Restraining Order
Section 6-3-4
Preliminary Injunction
Section 6-3-5
Permanent Injunction
Section 6-3-6
Security

VI-14
VI-15
VI-16
VI-17
VI-18
VI-18

CHAPTER 4 PROTECTION ORDERS
Section 6-4-1
Power of Court
Section 6-4-2
Applicability
Section 6-4-3
Definitions
Section 6-4-4
Subject Matter Jurisdiction
Section 6-4-5
Personal Jurisdiction
Section 6-4-6
Procedure
Section 6-4-7
Summons and Service of Process

VI-19
VI-19
VI-19
VI-22
VI-23
VI-24
VI-24

15

Section 6-4-8
Section 6-4-9
Section 6-4-10
Section 6-4-11
Section 6-4-12
Section 6-4-13
Section 6-4-14
Section 6-4-15
Section 6-4-16
Section 6-4-17
Section 6-4-18
Section 6-4-19
Section 6-4-20
Section 6-4-21
Section 6-4-22
Section 6-4-23
Section 6-4-24
Section 6-4-25
Section 6-4-26
Section 6-4-27
Section 6-4-28
Section 6-4-29

Omission of Address from Pleadings
Responsive Pleading
Confidentiality of Court Proceedings
Privileges
Conduct of Hearings
Witness Lists and Subpoenas
Notices of hearings
Proceedings of a Civil Nature
Grounds for Protection Order
Initiation of Proceedings
Emergency Orders
Hearing on Petition
Order for Protection
Restitution
Delivery of Order
Effect of Action by Parties
Court-Ordered Mediation Prohibited
Rights of Victims
Effect of Other Proceedings
Modification of Order
Violation of Order
Foreign Protection Orders

VI-25
VI-26
VI-26
VI-28
VI-28
VI-29
VI-29
VI-30
VI-30
VI-31
VI-32
VI-34
VI-35
VI-39
VI-40
VI-41
VI-41
VI-41
VI-41
VI-42
VI-42
VI-43

CHAPTER 5 DECLARATORY RELIEF
Section 6-5-1
Power of Court
Section 6-5-2
Limitations
Section 6-5-3
Granting of Relief
Section 6-5-4
Parties

VI-43
VI-44
VI-44
VI-44

CHAPTER 6 WRIT OF MANDAMUS
Section 6-6-1
Power of Court
Section 6-6-2
Limitations
Section 6-6-3
Grounds for Mandamus
Section 6-6-4
Form of Writ
Section 6-6-5
Granting of Relief
Section 6-6-6
Expedited Proceedings
Section 6-6-7
Review of Continuing Mandamus

VI-45
VI-45
VI-45
VI-46
VI-47
VI-48
VI-48

CHAPTER 7 WRIT OF PROHIBITION
Section 6-7-1
Power of Court
Section 6-7-2
Limitations
Section 6-7-3
Grounds for Prohibition
Section 6-7-4
Form of Writ
Section 6-7-5
Granting of Relief
Section 6-7-6
Expedited Proceedings

VI-49
VI-49
VI-49
VI-50
VI-50
VI-51

CHAPTER 8 CERTIFICATIONS OF QUESTIONS OF LAW
Section 6-8-1
Power of Court
Section 6-8-2
Certification Order
Section 6-8-3
Response
Section 6-8-4
Procedures

VI-52
VI-52
VI-53
VI-53

16

Section 6-8-5
Section 6-8-6

Opinion
Costs

VI-53
VI-53

CHAPTER 9 CHALLENGE TO TRIBAL LAW
Section 6-9-1
Service on Tribe
Section 6-9-2
Notice With Service
Section 6-9-3
Failure to Serve
Section 6-9-4
Tribe as Party

VI-53
VI-54
VI-54
VI-54

CHAPTER 10 CIVIL FINE ENFORCEMENT
Section 6-10-1 Power of Court
Section 6-10-2 Initiation of Proceedings
Section 6-10-3 Judgment of Civil Fine
Section 6-10-4 Effect of Civil Fine
Section 6-10-5 Disposition of Civil Fines
Section 6-10-6 Savings

VI-55
VI-55
VI-55
VI-56
VI-56
VI-56

CHAPTER 11 CLAIMS INVOLVING INSURANCE
Section 6-11-1 Power of Court
Section 6-11-2 Definitions
Section 6-11-3 Applicability and Exclusivity
Section 6-11-4 Invalidity of Contract Provisions
Section 6-11-5 Payment of Claim as Bar
Section 6-11-6 Subject Matter Jurisdiction
Section 6-11-7 Personal Jurisdiction
Section 6-11-8 Initiation of Proceedings
Section 6-11-9 Property Parties
Section 6-11-10 Summons and Service of Process
Section 6-11-11 Stay Pending Insurer Review
Section 6-11-12 Proceedings on Complaint
Section 6-11-13 Obtaining Evidence
Section 6-11-14 Defenses of Insurance Carrier
Section 6-11-15 Decision of Court
Section 6-11-16 Limitations of Actions

VI-57
VI-57
VI-57
VI-58
VI-58
VI-58
VI-59
VI-59
VI-60
VI-60
VI-60
VI-62
VI-62
VI-62
VI-63
VI-64

CHAPTER 12 DISPUTE RESOLUTION AGREEMENTS
Section 6-12-1 Definitions
VI-64
Section 6-12-2 Applicability
VI-66
Section 6-12-3 Invalidity of Contract Provisions
VI-68
Section 6-12-4 No Waiver of Immunity
VI-69
Section 6-12-5 Subject Matter Jurisdiction
VI-70
Section 6-12-6 Personal Jurisdiction
VI-70
Section 6-12-7 Right to Representation
VI-70
Section 6-12-8 General Validity of Dispute Resolution Agreements VI-71
Section 6-12-9 Validity of Certain Dispute Resolution Agreements VI-71
Section 6-12-10 Requirements of Dispute Resolution Agreement
With Tribe
VI-73
Section 6-12-11 Law Applicable
VI-77
Section 6-12-12 Choice of Tribunal
VI-80
Section 6-12-13 Breach of Dispute Resolution Agreement
VI-81
Section 6-12-14 Appointment of Mediator or Arbitrator
VI-81

17

Section 6-12-15
Section 6-12-16
Section 6-12-17
Section 6-12-18
Section 6-12-19
Section 6-12-20
Section 6-12-21
Section 6-12-22
Section 6-12-23
Section 6-12-24
Section 6-12-25
Section 6-12-26

Conduct of Mediators and Arbitrators
Negotiation and Mediation Privilege
Authority of Arbitrator
Conduct of Arbitration
Requirements of Award
Stay of Proceedings
Compelling Dispute Resolution
Consolidating Arbitrations
Confirmation of Award
Vacating and Modifying Arbitration Award
Vacating and Modifying Mediation Award
Limitations of Actions

VI-82
VI-84
VI-86
VI-87
VI-91
VI-92
VI-92
VI-96
VI-97
VI-99
VI-103
VI-107

TITLE VII
WORKERS' COMPENSATION
CHAPTER I GENERAL PROVISIONS
Section 7-1-1
Purpose
Bookmark not defined.
Section 7-1-2
Definitions
Section 7-1-3
Requirement of Coverage
Section 7-1-4
Terms of Insurance Policy Void
Section 7-1-5
Exclusive Jurisdiction
Section 7-1-6
Severability
Section 7-1-7
Sovereign Immunity

VII-Error!
VII-1
VII-5
VII-6
VII-6
VII-6
VII-6

CHAPTER 2 COVERAGE AND LIABILITY
Section 7-2-1
Exclusiveness of Remedy
Section 7-2-2
Agreement to Coverage
Section 7-2-3
Posting Notice
Section 7-2-4
Liability of Third Parties
Section 7-2-5
Right to Compensation
Section 7-2-6
Exclusions
Section 7-2-7
Medical Information
Section 7-2-8
Medical Examination

VII-7
VII-7
VII-7
VII-8
VII-10
VII-10
VII-13
VII-14

CHAPTER 3 BENEFITS
Section 7-3-1
Definitions
Section 7-3-2
Medical Benefits
Section 7-3-3
Wage Benefits
Section 7-3-4
Schedule of Benefits
Section 7-3-5
Funeral Benefits
Section 7-3-6
Reductions in Compensation
Section 7-3-7
Suspension of Compensation
Section 7-3-8
Recouping Compensation
Section 7-3-9
Additional Compensation
Section 7-3-10 Assignment of Benefits
Section 7-3-11 Minors and Incapacitated Persons

VII-14
VII-15
VII-17
VII-20
VII-23
VII-23
VII-24
VII-26
VII-26
VII-27
VII-27

18

CHAPTER 4 PROCEDURE
Section 7-4-1
Administrator
Section 7-4-2
Confidentiality
Section 7-4-3
Report of Injury
Section 7-4-4
Time Limit for Claims
Section 7-4-5
Burden of Proof
Section 7-4-6
Initiation of Claim
Section 7-4-7
Determination of Claim
Section 7-4-8
Reconsideration
Section 7-4-9
Action in Tribal Court
Section 7-4-10 Defenses of Insurance Carrier
Section 7-4-11 Medical Experts
Section 7-4-12 Legal Counsel Fees
Section 7-4-13 Settlement Agreements
Section 7-4-14 Continuation of Compensation
Section 7-4-15 Claim Closure

VII-27
VII-29
VII-29
VII-30
VII-31
VII-31
VII-32
VII-32
VII-33
VII-36
VII-36
VII-37
VII-37
VII-38
VII-38

TITLE VIII
TRIBAL COUNCIL CONDUCT AND ETHICS ORDINANCE
Section 8-1-1
Section 8-1-2
Section 8-1-3
Section 8-1-4
Section 8-1-5
Section 8-1-6
Section 8-1-7
Section 8-1-8
Section 8-1-9

Authority
VIII-1
Officers of the Tribal Council, Duties
VIII-1
Removal
VIII-3
Duties and Comportment of Tribal Council Members VIII-3
Conduct of Tribal Council Meetings
VIII-4
Ethics
VIII-5
Indemnification
VIII-7
Severability
VIII-7
Sovereign Immunity
VIII-7

TITLE IX
ELECTIONS
CHAPTER 1 GENERAL PROVISIONS
Section 9-1-1
Authority
Section 9-1-2
Purpose
Section 9-1-3
Applicability & Construction
Section 9-1-4
Definitions
Section 9-1-5
Voting Districts
Section 9-1-6
Prohibition on Power of Attorney
Section 9-1-7
Amendments
Section 9-1-8
Severability
Section 9-1-9
Ratification

IX-1
IX-1
IX-1
IX-1
IX-4
IX-5
IX-5
IX-5
IX-6

CHAPTER 2 ELECTION BOARD
Section 9-2-1
Establishment
Section 9-2-2
Powers and Duties of Board
Section 9-2-3
Composition
Section 9-2-4
Qualifications

IX-6
IX-6
IX-7
IX-8

19

Section 9-2-5
Section 9-2-6
Section 9-2-7
Section 9-2-8
Section 9-2-9
Section 9-2-10
Section 9-2-11
Section 9-2-12
Section 9-2-13

Election Board Records
Quorum
Term of Office
Redistricting
District Boards
Compensation
Resignation and Removal
Vacancies
Judicial Review of Election Board Actions

IX-8
IX-9
IX-9
IX-9
IX-10
IX-11
IX-11
IX-11
IX-12

CHAPTER 3 VOTERS
Section 9-3-1
Eligibility
Section 9-3-2
Time Limit for Registration
Section 9-3-3
Designation of Registrara; Duties
Section 9-3-4
Registration Procedures
Section 9-3-5
Voter Registration Form
Section 9-3-6
Duration of Registration; Re-Registration
Section 9-3-7
Voter Registration List
Section 9-3-8
Eligibility Disputed
Section 9-3-9
General Voter Qualifications
Section 9-3-10 Absentee Voter Qualifications

IX-13
IX-13
IX-13
IX-14
IX-15
IX-16
IX-16
IX-18
IX-19
IX-19

CHAPTER 4 PETITIONS
Section 9-4-1
Applicability
Section 9-4-2
Exclusiveness
Section 9-4-3
Change in Law
Section 9-4-4
Content of Petition Sheets
Section 9-4-5
Attachments for Referenda and Initiative
Section 9-4-6
Single Matter
Section 9-4-7
Sponsor
Section 9-4-8
Circulators
Section 9-4-9
Signatures
Section 9-4-10 Signatures Obtained by Mail
Section 9-4-11 Form for Filing Petition
Section 9-4-12 Filing of Petitions
Section 9-4-13 Certification of Signatures
Section 9-4-14 Action Upon Filing
Section 9-4-15 Removal of Petition Sheets
Section 9-4-16 Validity of Signatures
Section 9-4-17 Certification of Petitions
Section 9-4-18 Judicial Review of Certification
Section 9-4-19 Suit to Compel Action

IX-20
IX-20
IX-20
IX-20
IX-22
IX-22
IX-23
IX-23
IX-23
IX-24
IX-24
IX-24
IX-25
IX-25
IX-26
IX-26
IX-27
IX-28
IX-29

CHAPTER 5 GENERAL ELECTION PROCEDURES
Section 9-5-1
Election Dates
Section 9-5-2
Manner of Voting
Section 9-5-3
Absentee Voting
Section 9-5-4
Poll Book
Section 9-5-5
Observers
Section 9-5-6
Form of Ballots
Section 9-5-7
Ballot Instructions and Certification

IX-30
IX-30
IX-30
IX-30
IX-31
IX-31
IX-32

20

Section 9-5-8
Section 9-5-9
Section 9-5-10
Section 9-5-11
Section 9-5-12
Section 9-5-13
Section 9-5-14
Section 9-5-15
Section 9-5-16
Section 9-5-17
Section 9-5-18
Section 9-5-19
Section 9-5-20

Mailing out Ballots
Undeliverable Ballots
Replacement Ballot
Ballot Boxes
Receiving Ballots
Poll Closing
Counting Ballots
Runoff Election to Break Ties
Certification
Posting Results
Records
Challenges to Election Results
Judicial Review of Challenge

CHAPTER 6 TRIBAL COUNCIL ELECTIONS
Section 9-6-1
General Election Date
Section 9-6-2
Qualification for Office
Section 9-6-3
Nominating Procedures.
Section 9-6-4
Submission of Nominating Petition Packets
Section 9-6-5
Certification Procedure for Review and
Determination of Candidacy Qualification
Section 9-6-6
Appeal of Denial of Certification
Section 9-6-7
Posting of Candidates
Section 9-6-8
Tribal Council Elections
Section 9-6-9
Residency Requirements
Section 9-6-10 Installation of Candidates
Section 9-6-11 Term Limits

IX-33
IX-33
IX-33
IX-34
IX-34
IX-35
IX-35
IX-38
IX-39
IX-39
IX-39
IX-39
IX-41
IX-42
IX-42
IX-43
IX-44
IX-44
IX-45
IX-46
IX-46
IX-46
IX-48
IX-48

CHAPTER 7 FILLING VACANCIES ON THE TRIBAL COUNCIL
Section 9-7-1
Applicability
Section 9-7-2
Declaration of Vacancy
Section 9-7-3
Procedures for Filling Unexpired Terms
Section 9-7-4
Candidacy and Residency Requirements
Section 9-7-5
Term of Office for Appointee

IX-48
IX-49
IX-49
IX-50
IX-50

CHAPTER 8 RECALL ELECTIONS
Section 9-8-1
Recall from Office
Section 9-8-2
Petition for Recall
Section 9-8-3
Calling of Election
Section 9-8-4
Notice of Election
Section 9-8-5
Election Procedures
Section 9-8-6
Number of Votes Required for Recall

IX-51
IX-51
IX-52
IX-52
IX-53
IX-53

CHAPTER 9 INITIATIVE AND REFERENDUM
Section 9-9-1
Referendum and Initiative
Section 9-9-2
Petition for Referendum or Initative
Section 9-9-3
Calling of Election
Section 9-9-4
Notice of Election
Section 9-9-5
Election Procedures
Section 9-9-6
Number of Votes Required for Referendum or

21

IX-53
IX-53
IX-55
IX-55
IX-55

Initiative

IX-56
TITLE X
ENROLLMENT AND MEMBERSHIP

CHAPTER 1 GENERAL PROVISIONS
Section 10-1-1 Authority
Bookmark not defined.
Section 10-1-2 Purpose
Section 10-1-3 Definitions
Section 10-1-4 Severability
Section 10-1-5 Sovereign Immunity

X-Error!
X-1
X-1
X-2
X-2

CHAPTER 2 ENROLLMENT COMMITTEE
Section 10-2-1 Establishment
Section 10-2-2 Composition
Section 10-2-3 Qualifications
Section 10-2-4 Term of Office
Section 10-2-5 Compensation
Section 10-2-6 Resignation and Removal
Section 10-2-7 Vacancies
Section 10-2-8 Officers
Section 10-2-9 Ethics and Conflicts
Section 10-2-10 Powers and Duties of Committee
Section 10-2-11 Membership Roll
Section 10-2-12 Annual Census
Section 10-2-13 Quorum
Section 10-2-14 Meetings

X-2
X-2
X-2
X-3
X-3
X-3
X-4
X-4
X-5
X-6
X-6
X-7
X-7
X-7

CHAPTER 3 ENROLLMENT DEPARTMENT
Section 10-3-1 Establishment
Section 10-3-2 General Authority

X-7
X-8

CHAPTER 4 ENROLLMENT RECORDS
Section 10-4-1 Enrollment Records
Section 10-4-2 Confidentiality
Section 10-4-3 Access to Roll
Section 10-4-4 Corrections to Records

X-9
X-10
X-12
X-14

CHAPTER 5 ENROLLMENT PROCEDURES
Section 10-5-1 Definitions
Section 10-5-2 Eligibility for Enrollment
Section 10-5-3 Dual Enrollment
Section 10-5-4 Burden of Proof
Section 10-5-5 Application
Section 10-5-6 Receipt of Application
Section 10-5-7 Committee Review
Section 10-5-8 Tribal Council Approval
Section 10-5-9 Notice of Enrolment Action
Section 10-5-10 Enrollment of Member

X-15
X-15
X-16
X-17
X-18
X-20
X-22
X-24
X-25
X-26

22

Section 10-5-11
Section 10-5-12
Section 10-5-13
Section 10-5-14
Section 10-5-15

Genetic Testing
Application Deficiency
Appeal
Re-application
Notices

X-27
X-28
X-30
X-30
X-30

CHAPTER 6 REMOVAL FROM ENROLLMENT
Section 10-6-1 Generally
Section 10-6-2 Relinquishment
Section 10-6-3 Request for Relinquishment
Section 10-6-4 Receipt of Relinquishment Notice
Section 10-6-5 Dis-enrollment
Section 10-6-6 Notice of Dis-enrollment Action
Section 10-6-7 Dis-enrollment Hearing
Section 10-6-8 Effective Date of Removal from Enrollment
Section 10-6-9 Removal from Enrollment
Section 10-6-10 Appeal
Section 10-6-11 Re-enrollment

X-31
X-31
X-33
X-36
X-37
X-37
X-38
X-39
X-40
X-40
X-41

CHAPTER 7 APPEAL PROCEDURE
Section 10-7-1 Notice of Appeal
Section 10-7-2 Receipt of Appeal
Section 10-7-3 Hearing
Section 10-7-4 Deliberation and Decision

X-41
X-41
X-42
X-43

CHAPTER 8 HONORARY MEMBERSHIP
Section 10-8-1 Generally
Section 10-8-2 Purpose
Section 10-8-3 Eligibility
Section 10-8-4 Application
Section 10-8-5 Adoption of Honorary Member
Section 10-8-6 Notice of Adoption
Section 10-8-7 Honorary Roster

X-44
X-44
X-44
X-45
X-46
X-47
X-48

TITLE XI
LANDLORD AND TENANT
CHAPTER I - PROVISIONS
Section 11-1-1 Purpose
Section 11-1-2 Applicability
Section 11-1-3 Definitions
Section 11-1-4 Severability
Section 11-1-5 Sovereign Immunity

XI-1
XI-1
XI-3
XI-7
XI-7

CHAPTER 2 - LEASES GENERALLY
Section 11-2-1 Obligation of Good Faith
Section 11-2-2 Required Landlord Disclosure
Section 11-2-3 Required Tenant Disclosures
Section 11-2-4 Terms of Lease
Section 11-2-5 Delivery of Lease

XI-7
XI-7
XI-9
XI-9
XI-10

23

Section 11-2-6
Section 11-2-7
Section 11-2-8
Section 11-2-9
Section 11-2-10
Section 11-2-11
Section 11-2-12
Section 11-2-13
Section 11-2-14
Section 11-2-15

Unsigned Lease
Prohibited Provisions
Delivery of Possession
Separation of Rent from Duties
Assignment and Sublease
Encumbrance of Lease
Legal Counsel Fees
Security Deposits
Rules of Landlord
Title to Premises

CHAPTER 3 - TERMINATION OF TENANCIES
Section 11-3-1 Termination of Tenancies
Section 11-3-2 Holdover Tenant
Section 11-3-3 Death of Tenant
Section 11-3-4 Destruction of Premises
Section 11-3-5 Abandonment
Section 11-3-6 Disposition of Property on Termination or
Abandonment
Section 11-3-7 Disposition of Property on Death
Section 11-3-8 Disposal of Abandoned Property
Section 11-3-9 Domestic or Family Violence

XI-10
XI-11
XI-11
XI-12
XI-12
XI-15
XI-15
XI-15
XI-19
XI-19
XI-20
XI-21
XI-21
XI-23
XI-24
XI-25
XI-27
XI-28
XI-29

CHAPTER 4 - NON-RESIDENTIAL TENANCIES
Section 11-4-1 Applicability
Section 11-4-2 Landlord Lien for Rent
Section 11-4-3 Non-Residential Landlord Duties
Section 11-4-4 Non-Residential Tenant Duties
Section 11-4-5 Maintenance Agreements

XI-35
XI-35
XI-35
XI-38
XI-40

CHAPTER 5 - RESIDENTIAL TENANCIES
Section 11-5-1 Applicability
Section 11-5-2 Landlord Lien Prohibited
Section 11-5-3 Residential Landlord Duties
Section 11-5-4 Residential Tenant Duties
Section 11-5-5 Maintenance Agreements
Section 11-5-6 Domestic or Family Violence

XI-40
XI-40
XI-40
XI-43
XI-45
XI-45

CHAPTER 6 - NONCOMPLIANCE
Section 11-6-1 Landlord Noncompliance
Section 11-6-2 Tenant Noncompliance
Section 11-6-3 Retaliation

XI-46
XI-49
XI-51

CHAPTER 7 - EVICTION
Section 11-7-1 Definitions
Section 11-7-2 Grounds for Eviction
Section 11-7-3 Self-Help Eviction Prohibited
Section 11-7-4 Notice to Quit
Section 11-7-5 Procedure
Section 11-7-6 Rights of Parties
Section 11-7-7 Initiation of Proceedings

XI-54
XI-55
XI-56
XI-57
XI-58
XI-59
XI-59

24

Section 11-7-8
Section 11-7-9
Section 11-7-10
Section 11-7-11
Section 11-7-12
Section 11-7-13
Section 11-7-14
Section 11-7-15
Section 11-7-16
Section 11-7-17
Section 11-7-18

Summons and Service of Process
Responsive Pleading
Defenses
Settlement
Discovery
Conduct of Hearings
Continuance
Hearing on Complaint
Judgment
Stay of Judgment
Enforcement of Eviction

XI-60
XI-60
XI-61
XI-61
XI-62
XI-62
XI-63
XI-63
XI-64
XI-66
XI-67

TITLE XII
TAXATION
CHAPTER 1 – GENERAL PROVISIONS
12-1-1
Purpose
12-1-2
Definitions
12-1-3
Consent to Jurisdiction
12-1-4
Non-Liability
12-1-5
Severability
12-1-6
Sovereign Immunity

XII-1
XII-1
XII-2
XII-3
XII-3
XII-3

CHAPTER 2
12-2-1
12-2-2
12-2-3
12-2-4
12-2-5
12-2-6
12-2-7
12-2-8
12-2-9
12-2-10
12-2-11
12-2-12
12-2-13
12-2-14
12-2-15
12-2-16
12-2-17
12-2-18
12-2-19
12-2-20
12-2-21
12-2-22
12-2-23
12-2-24

TAX COMMISSION
Establishment
Composition
Qualifications
Term of Office
Compensation
Resignation and Removal
Vacancies
Officers
Ethics and Conflicts
Preparation of Tax Returns
Recusal
Quorum
Meetings
Powers and Duties of Commission
Obtaining Information
Investigative Authority
Private Rulings
Rules and Regulations
Setting Tax Rates
Commission Seal
Stamps and Licenses
Treatment of Tax Proceeds
Records of Commission
Use of Other Resources

XII-3
XII-4
XII-4
XII-5
XII-5
XII-5
XII-6
XII-6
XII-7
XII-8
XII-8
XII-10
XII-10
XII-11
XII-12
XII-13
XII-13
XII-14
XII-15
XII-16
XII-16
XII-17
XII-18
XII-21

CHAPTER 3

COLLECTION AND ENFORCEMENT

25

12-3-1
12-3-2
12-3-3
12-3-4
12-3-5
12-3-6
12-3-7
12-3-8
12-3-9
12-3-10
12-3-11
12-3-12
12-3-13
12-3-14
12-3-15
12-3-16
12-3-17
12-3-18
12-3-19
12-3-20
12-3-21
12-3-22
12-3-23
12-3-24
12-3-25

Payment and Filing
Extensions of Time
Duty to Keep Records
Assessment of Tax
Examination and Audit
Notices of Assessment and Refund
Formal Conference
Appeal to Commission
Judicial Review
Collection of Tax
Refunds
Interest
Costs of Collection
Penalties
Enjoining Business
Tax Lien
Seizure of Contraband
Sale of Property
Abatement of Taxes
Settlement Agreements
Violations
Effectiveness of Notices
Limitations of Actions
Prohibition of Suits
Sovereign Immunity in Enforcement

XII-22
XII-22
XII-23
XII-23
XII-24
XII-25
XII-25
XII-26
XII-28
XII-29
XII-30
XII-30
XII-31
XII-31
XII-32
XII-33
XII-34
XII-34
XII-36
XII-36
XII-37
XII-38
XII-38
XII-39
XII-39

CHAPTER 4
12-4-1
12-4-2
12-4-3
12-4-4
12-4-5
12-4-6
12-4-7
12-4-8
12-4-9
12-4-10

SALES TAX
Purpose
Definitions
Tax Imposed
Exemptions
Tax as Additional Tax
Legal Incidence of Tax
Tax Stated Separately
License
Return
Payment

XII-40
XII-40
XII-43
XII-43
XII-45
XII-45
XII-45
XII-45
XII-46
XII-47

CHAPTER 5
12-5-1
12-5-2
12-5-3
12-5-4
12-5-5
12-5-6
12-5-7
12-5-8
12-5-9
12-5-10

SERVICE TAX
Purpose
Definitions
Tax Imposed
Exemptions
Tax as Additional Tax
Legal Incidence of Tax
Tax Stated Separately
License
Return
Payment

XII-47
XII-47
XII-49
XII-50
XII-51
XII-51
XII-51
XII-52
XII-53
XII-53

CHAPTER 6

MOTOR VEHICLE FUEL TAX

26

12-6-1
12-6-2
12-6-3
12-6-4
12-6-5
12-6-6
12-6-7
12-6-8
12-6-9

Purpose
Definitions
Tax Imposed
Tax as Additional Tax
Legal Incidence of Tax
Tax Included in Price
License
Return
Payment

XII-53
XII-54
XII-54
XII-55
XII-55
XII-55
XII-55
XII-56
XII-56

CHAPTER 7
12-7-1
12-7-2
12-7-3
12-7-4
12-7-5
12-7-6
12-7-7
12-7-8
12-7-9
12-7-10
12-7-11

TOBACCO TAX
Purpose
Definitions
Tax Imposed on Cigarettes
Tax Imposed on Tobacco Products
Tax as Additional Tax
Legal Incidence of Tax
Inclusion of Tax in Price
Tax Stamp
License
Return
Payment

XII-57
XII-57
XII-59
XII-59
XII-60
XII-60
XII-60
XII-61
XII-61
XII-62
XII-63

CHAPTER 8
12-8-1
12-8-2
12-8-3
12-8-4
12-8-5
12-8-6
12-8-7
12-8-8
12-8-9
12-8-10

LIQUOR TAX
Purpose
Definitions
Tax Imposed
Exemptions
Tax as Additional Tax
Legal Incidence of Tax
Tax Stated Separately
License
Return
Payment

XII-63
XII-63
XII-64
XII-65
XII-65
XII-65
XII-66
XII-66
XII-67
XII-67

CHAPTER 9
12-9-1
12-9-2
12-9-3
12-9-4
12-9-5
12-9-6
12-9-7
12-9-8
12-9-9
12-9-10

LODGING TAX
Purpose
Definitions
Tax Imposed
Exemptions
Tax as Additional Tax
Legal Incidence of Tax
Tax Stated Separately
License
Return
Payment

XII-68
XII-68
XII-69
XII-69
XII-70
XII-70
XII-70
XII-70
XII-71
XII-72

CHAPTER 10 TAX AGREEMENTS
12-10-1
Tax Agreements
12-10-2
Compliance with Agreement

XII-72
XII-72

27

12-10-3
12-10-4

Tax Rate Affected
Tax Exemptions

XII-72
XII-72

TITLE XIII
GOVERNMENTAL SECURED TRANSACTIONS ORDINANCE
CHAPTER 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5

PURPOSE
SCOPE
DEFINITIONS
LAWS APPLICABLE TO SECURITY INTERESTS
EFFECTIVE DATE AND REPEALER

XIII-1
XIII-1
XIII-1
XIII-2
XIII-3

TITLE XIV
BUSINESS ENTITIES
CHAPTER 1
14-1-1
14-1-2
14-1-3
14-1-4
14-1-5
14-1-6
14-1-7
14-1-8

GENERAL PROVISIONS
Authority
Purpose
Definitions
Applicability and Consent to Jurisdiction
No Impairment of Contracts
Amendment or Repeal
Severability
Sovereign Immunity

XIV-1
XIV-1
XIV-1
XIV-3
XIV-4
XIV-5
XIV-5
XIV-5

CHAPTER 2
14-2-1
14-2-2
14-2-3
14-2-4
14-2-5
14-2-6
14-2-7
14-2-8
14-2-9
14-2-10
14-2-11

BUSINESS ENTITIES GENERALLY
Business Entity Names
Governing Law
Nature and Powers of Business Entities
Conduct of Business Entities
Activities in Foreign Jurisdictions
Indemnification of Owners and Managers
Statements of Authority and Denial
Limitations on Organizational Documents
Registered Agents
Service of Process
Annual Reports

XIV-5
XIV-8
XIV-8
XIV-11
XIV-12
XIV-12
XIV-13
XIV-15
XIV-17
XIV-19
XIV-19

CHAPTER 3
14-3-1
14-3-2
14-3-3
14-3-4
14-3-4
14-3-5
14-3-6
14-3-7

DOCUMENTS AND FEES
Execution of Documents
Execution by Judicial Act
Filing Documents
Requirements for Filing
Requirements for Filing
Effective Time of Filing
Withdrawal of Filing
Correction of Filing

XIV-20
XIV-21
XIV-22
XIV-23
XIV-23
XIV-24
XIV-25
XIV-25

28

14-3-8
14-3-9
14-3-10
14-3-11
14-3-12
14-3-13

Liability for Inaccurate Filing
Certificate of Status
Invalid Provisions
Forms
Fees
Records as Evidence

XIV-26
XIV-27
XIV-28
XIV-28
XIV-28
XIV-29

CHAPTER 4
14-4-1
14-4-2
14-4-3
14-4-4
14-4-5
14-4-6
14-4-7
14-4-8
14-4-9
14-4-10
14-4-11
14-4-12
14-4-13
14-4-14
14-4-15
14-4-16
14-4-17
14-4-18

TRIBAL BUSINESS ENTITIES
Definitions
Nature of Tribal Business Entities
Formation
Organizational Documents
Registered Agent
Privileges and Immunities
Waivers of Sovereign Immunity
Management
Voting of Owners
Meetings of Owner
Manager as Agent
Liability to Third Parties
Property of Tribal Business Entities
Interest in Business Entities
Reports
Audits
Distributions
Actions by Owner

XIV-29
XIV-30
XIV-30
XIV-32
XIV-33
XIV-33
XIV-34
XIV-36
XIV-39
XIV-41
XIV-41
XIV-41
XIV-42
XIV-44
XIV-44
XIV-45
XIV-45
XIV-46

CHAPTER 5
14-5-1
14-5-2
14-5-3
14-5-4
14-5-5
14-5-6
14-5-7

TRADE NAMES
Requirement of Trade Name
Application
Issuance of Certificate
Term of Registration
Transfer and Assignment
Exclusive Rights
Cancellation

XIV-47
XIV-47
XIV-48
XIV-49
XIV-50
XIV-51
XIV-51

CHAPTER 6
14-6-1
14-6-2
14-6-3
14-6-4
14-6-5
14-6-6
14-6-7
14-6-8
14-6-9
14-6-10

FOREIGN BUSINESS ENTITIES
Governing Law
Registration
Registration Statement
Activities Not Constituting Doing Business
Noncomplying Name
Withdrawal of Registration
Transfer of Registration
Termination of Registration
Judicial Termination of Registration
Violation of Chapter

XIV-51
XIV-52
XIV-54
XIV-55
XIV-56
XIV-57
XIV-57
XIV-58
XIV-61
XIV-61

CHAPTER 7
14-7-1

MERGER
Definitions

XIV-62

29

14-7-2
14-7-3
14-7-4
14-7-5
14-7-6
14-7-7
14-7-8

Merger Authorized
Plan of Merger
Approval of Merger
Amendment or Abandonment of Merger
Statement of Merger
Effect of Merger
Ineffectiveness of Merger Due to Foreign Law

XIV-62
XIV-62
XIV-63
XIV-64
XIV-65
XIV-66
XIV-68

CHAPTER 8
14-8-1
14-8-2
14-8-3
14-8-4
14-8-5
14-8-6
14-8-7
14-8-8

INTEREST EXCHANGE
Definitions
XIV-69
Interest Exchange Authorized
XIV-69
Plan of Interest Exchange
XIV-70
Approval of Interest Exchange
XIV-70
Amendment or Abandonment of Interest Exchange
XIV-71
Statement of Interest Exchange
XIV-73
Effect of Interest Exchange
XIV-74
Ineffectiveness of Interest Exchange Due to Foreign Law XIV-74

CHAPTER 9
14-9-1
14-9-2
14-9-3
14-9-4
14-9-5
14-9-6
14-9-7
14-9-8

CONVERSION
Definitions
Conversion Authorized
Plan of Conversion
Approval of Conversion
Amendment or Abandonment of Conversion
Statement of Conversion
Effect of Conversion
Ineffectiveness of Conversion Due to Foreign Law

XIV-75
XIV-76
XIV-76
XIV-77
XIV-77
XIV-78
XIV-80
XIV-81

CHAPTER 10 DOMESTICATION
14-10-1
Definitions
14-10-2
Domestication Authorized
14-10-3
Plan of Domestication
14-10-4
Approval of Domestication
14-10-5
Amendment or Abandonment of Domestication
14-10-6
Statement of Domestication
14-10-7
Effect of Domestication
14-10-8
Ineffectiveness of Domestication Due to Foreign Law

XIV-83
XIV-83
XIV-83
XIV-84
XIV-84
XIV-86
XIV-87
XIV-89

CHAPTER 11 DIVISION
14-11-1
Definitions
14-11-2
Division Authorized
14-11-3
Plan of Division
14-11-4
Approval of Division
14-11-5
Amendment or Abandonment of Plan of Division
14-11-6
Statement of Division
14-11-7
Effect of Division
14-11-8
Allocation of Obligations
14-11-9
Ineffectiveness of Division Due to Foreign Law

XIV-90
XIV-90
XIV-91
XIV-92
XIV-93
XIV-94
XIV-96
XIV-98
XIV-100

CHAPTER 12 DISSOLUTION
14-12-1
Dissolution

XIV-101

30

14-12-2
14-12-3
14-12-4
14-12-5
14-12-6
14-12-7
14-12-8
14-12-9
14-12-10
14-12-11

Judicial Dissolution
Administrative Dissolution
Rescinding Dissolution
Statement of Dissolution
Effect of Dissolution
Distribution of Assets and Winding Up
Known Claims Against Dissolved Business Entity
Other Claims Against Dissolved Business Entity
Statement of Termination
Actions Involving Tribal Business Entities

XIV-102
XIV-103
XIV-106
XIV-107
XIV-108
XIV-109
XIV-111
XIV-112
XIV-113
XIV-114

TITLE XV
LIMITED LIABILITY COMPANIES
CHAPTER 1 GENERAL PROVISIONS
15-1-1
Definitions
15-1-2
Governing Laws
15-1-3
Severability
15-1-4
Sovereign Immunity

XV-1
XV-2
XV-3
XV-3

CHAPTER 2
15-2-1
15-2-2
15-2-3
15-2-4

FORMATION
Formation
Articles of Organization
Amendment or Restatement of Articles
Operating Agreement

XV-3
XV-3
XV-4
XV-5

CHAPTER 3
15-3-1
15-3-2
15-3-3
15-3-4
15-3-5
15-3-6
15-3-7
15-3-8
15-3-9
15-3-10
15-3-11
15-3-12

OWNERS AND MANAGERS
Admission of Owners
Dissociation
Management
Voting of Owners
Action by Written Consent
Duties of Owners and Managers
Owner or Manager as Agent
Representations of Owner or Manager
Knowledge of Owner or Manager
Rights to Information and Records
Direct Action by Owner
Derivative Actions

XV-6
XV-7
XV-10
XV-12
XV-13
XV-13
XV-15
XV-16
XV-17
XV-18
XV-18
XV-18

CHAPTER 4
15-4-1
15-4-2
15-4-3
15-4-4
15-4-5
15-4-6
15-4-7
15-4-8

DEALING WITH LIMITED LIABILITY COMPANY
Nature of Limited Liability Company
Interests in Limited Liability Company
Charging Ownership Interest
Property of Limited Liability Company
Liability to Third Parties
Parties to Actions
Authority to Sue
Records

XV-21
XV-21
XV-22
XV-24
XV-24
XV-25
XV-25
XV-25

31

CHAPTER 5
15-5-1
15-5-2
15-5-3
15-5-4
15-5-5
15-5-6
15-5-7

CONTRIBUTIONS AND DISTRIBUTIONS
Contributions
Allocation of Profits and Losses
Distributions Generally
Distributions Upon Partial Redemption
Distribution Upon Dissociation
Limitations on Distributions
Liability for Improper Distributions

XV-26
XV-27
XV-27
XV-28
XV-28
XV-29
XV-29

TITLE XVI
LIQUOR CONTROL
CHAPTER 1 GENERAL PROVISIONS
Section 16-1-1 Authority
Section 16-1-2 Purpose
Section 16-1-3 Definitions
Section 16-1-4 Consent to Jurisdiction
Section 16-1-5 Non-Liability
Section 16-1-6 Severability
Section 16-1-7 Sovereign Immunity

XVI-1
XVI-1
XVI-1
XVI-4
XVI-4
XVI-5
XVI-5

CHAPTER 2 LIQUOR CONTROL BOARD
Section 16-2-1 Establishment
Section 16-2-2 Composition
Section 16-2-3 Qualifications
Section 16-2-4 Term of Office
Section 16-2-5 Compensation
Section 16-2-6 Resignation and Removal
Section 16-2-7 Vacancies
Section 16-2-8 Officers
Section 16-2-9 Ethics and Conflicts
Section 16-2-10 Recusal
Section 16-2-11 Quorum
Section 16-2-12 Meetings
Section 16-2-13 Powers and Duties of Board
Section 16-2-14 Obtaining Information
Section 16-2-15 Investigative Authority
Section 16-2-16 Rules and Regulations
Section 16-2-17 Board Seal
Section 16-2-18 Stamps and Licenses
Section 16-2-19 Records of Board
Section 16-2-20 Use of Other Resources

XVI-5
XVI-5
XVI-5
XVI-6
XVI-7
XVI-7
XVI-7
XVI-8
XVI-8
XVI-9
XVI-10
XVI-10
XVI-11
XVI-12
XVI-13
XVI-13
XVI-14
XVI-14
XVI-15
XVI-15

CHAPTER 3 LIQUOR LICENSES
Section 16-3-1 License Required
Section 16-3-2 Exemptions
Section 16-3-3 Liquor Licenses
Section 16-3-4 Manufacturer License
Section 16-3-5 Wholesale License

XVI-16
XVI-16
XVI-17
XVI-17
XVI-18

32

Section 16-3-6
Section 16-3-7
Section 16-3-8
Section 16-3-9
Section 16-3-10
Section 16-3-11
Section 16-3-12
Section 16-3-13
Section 16-3-14
Section 16-3-15
Section 16-3-16
Section 16-3-17
Section 16-3-18
Section 16-3-19

Retail License
Special Event License
Registration of Salesmen
Application for License
Notice of Application
Processing Application
Form of License
Renewal of License
Transfer and Modification of License
Appeal
Sale of Stock
Duty to Keep Records
Operation of Licensed Premises
Insurance

CHAPTER 4 ENFORCEMENT AND VIOLATIONS
Section 16-4-1 Complaints
Section 16-4-2 Examination and Audit
Section 16-4-3 Notice of Violation
Section 16-4-4 Formal Conference
Section 16-4-5 Appeal
Section 16-4-6 Judicial Review
Section 16-4-7 Storage, Sale and Manufacture Violations
Section 16-4-8 Violations by Public
Section 16-4-9 Other Violations
Section 16-4-10 Reporting of Violations
Section 16-4-11 Revocation and Suspension of License
Section 16-4-12 Enjoining Business
Section 16-4-13 Seizure of Contraband
Section 16-4-14 Sovereign Immunity in Enforcement

XVI-19
XVI-20
XVI-21
XVI-21
XVI-22
XVI-23
XVI-25
XVI-26
XVI-27
XVI-28
XVI-28
XVI-29
XVI-29
XVI-30
XVI-30
XVI-31
XVI-32
XVI-33
XVI-34
XVI-35
XVI-36
XVI-39
XVI-40
XVI-41
XVI-41
XVI-42
XVI-42
XVI-43

TITLE XVII
ENVIRONMENT
CHAPTER 1 GENERAL PROVISIONS
Section 17-1-1 Purpose
Section 17-1-2 Definitions
Section 17-1-3 Territorial Jurisdiction
Section 17-1-4 Severability
Section 17-1-5 Sovereign Immunity

XVII-1
XVII-1
XVII-3
XVII-3
XVII-3

CHAPTER 2 ENVIRONMENTAL PROTECTION DEPARTMENT
Section 17-2-1 Establishment
Section 17-2-2 General Authority
Section 17-2-3 Rules and Regulations
Section 17-2-4 Use of Other Resources
Section 17-2-5 Inspection Authority
Section 17-2-6 Cease and Desist Orders
Section 17-2-7 Notice of Violation
Section 17-2-8 Appeal and Review
Section 17-2-9 Judicial Review

XVII-3
XVII-3
XVII-4
XVII-5
XVII-5
XVII-6
XVII-6
XVII-7
XVII-7

33

Section 17-2-10 Reporting of Violations
Section 17-2-11 Civil Penalties
Section 17-2-12 Sovereign Immunity in Enforcement

XVII-9
XVII-9
XVII-9

CHAPTER 3 GENERAL ENVIRONMENTAL PROTECTION
Section 17-3-1 Protection of Environment Generally
Section 17-3-2 Waste Disposal
Section 17-3-3 Contamination of Sites
Section 17-3-4 Notice of Site Contamination
Section 17-3-5 Clean Up of Contaminated Sites
Section 17-3-6 Clean-up Orders
Section 17-3-7 Voluntary Cleanup Plans
Section 17-3-8 Owner and Operator Liability

XVII-10
XVII-10
XVII-10
XVII-11
XVII-11
XVII-12
XVII-12
XVII-15

TITLE XVIII
HEALTH
CHAPTER 1 - GENERAL PROVISIONS
Section 18-1-1 Purpose
Section 18-1-2 Definitions
Section 18-1-3 Non-Liability
Section 18-1-4 Severability
Section 18-1-5 Sovereign Immunity

XVIII-1
XVIII-1
XVIII-3
XVIII-3
XVIII-3

CHAPTER 2 - HEALTH SERVICES DEPARTMENT
Section 18-2-1 Establishment
Section 18-2-2 Director
Section 18-2-3 Powers and Duties of Department
Section 18-2-4 Rules and Regulations
Section 18-2-5 Confidentiality
Section 18-2-6 Use of Other Resources
Section 18-2-7 Decisions and Orders of Department
Section 18-2-8 Appeal to Director
Section 18-2-9 Intermediate Appeals
Section 18-2-10 Judicial Review

XVIII-3
XVIII-4
XVIII-4
XVIII-8
XVIII-8
XVIII-10
XVIII-11
XVIII-11
XVIII-12
XVIII-14

CHAPTER 3 - PROTECTION OF PUBLIC HEALTH
Section 18-3-1 Definitions
Section 18-3-2 Reportable Diseases
Section 18-3-3 Receiving Public Health Reports
Section 18-3-4 Investigations
Section 18-3-5 Inspections
Section 18-3-6 Abatement of Nuisances
Section 18-3-7 Contaminated Property
Section 18-3-8 Initiation of Legal Proceedings
Section 18-3-9 Spreading of Disease
Section 18-3-10 Declaration of Public Health Emergency
Section 18-3-11 Authority of Department During Emergency
Section 18-3-12 Access to Information During Emergency
Section 18-3-13 Confidentiality

XVIII-16
XVIII-17
XVIII-18
XVIII-18
XVIII-20
XVIII-20
XVIII-21
XVIII-21
XVIII-21
XVIII-22
XVIII-23
XVIII-24
XVIII-25

34

Section 18-3-14 Violations

XVIII-27

CHAPTER 4 - ISOLATION AND QUARANTINE
Section 18-4-1 Definitions
Section 18-4-2 Conditions for Isolation or Quarantine
Section 18-4-3 Duration of Isolation or Quarantine
Section 18-4-4 Authority of Department
Section 18-4-5 Authority of Tribal Court
Section 18-4-6 Procedure
Section 18-4-7 Conduct of Hearings
Section 18-4-8 Proceedings of a Civil Nature
Section 18-4-9 Initiation of Proceedings by Department
Section 18-4-10 Initiation of Proceedings for Relief from
Administrative Order
Section 18-4-11 Emergency Orders
Section 18-4-12 Hearing on Petition
Section 18-4-13 Order for Isolation or Quarantine
Section 18-4-14 Notice and Service of Order
Section 18-4-15 Modification of Order
Section 18-4-16 Violation of Order
Section 18-4-17 Entry Into Isolation or Quarantine

XVIII-28
XVIII-28
XVIII-30
XVIII-31
XVIII-32
XVIII-33
XVIII-33
XVIII-34
XVIII-34
XVIII-35
XVIII-36
XVIII-37
XVIII-38
XVIII-39
XVIII-40
XVIII-40
XVIII-41

CHAPTER 5 - MEDICAL TREATMENT
Section 18-5-1 Definitions
Section 18-5-2 Informed Consent
Section 18-5-3 Surrogate Consent
Section 18-5-4 Consent in Emergency
Section 18-5-5 Consent by Person Having Care of Minor or Court
Section 18-5-6 Consent by Minor Generally
Section 18-5-7 Minor Consent to Substance Use Treatment
Section 18-5-8 Minor Consent to Counseling
Section 18-5-9 Access to Minor Information
Section 18-5-10 Liability of Provider
Section 18-5-11 Liability During Emergency

XVIII-41
XVIII-43
XVIII-43
XVIII-45
XVIII-45
XVIII-45
XVIII-47
XVIII-48
XVIII-49
XVIII-50
XVIII-50

CHAPTER 6 - FOOD SERVICES
Section 18-6-1 Definitions
Section 18-6-2 Consent to Jurisdiction
Section 18-6-3 Health Inspector
Section 18-6-4 Rules and Regulations
Section 18-6-5 License Required
Section 18-6-6 Exemptions
Section 18-6-7 Application for License
Section 18-6-8 Processing of Application
Section 18-6-9 Form of License
Section 18-6-10 Renewal of License
Section 18-6-11 Transfer and Modification of License
Section 18-6-12 License Suspension or Revocation
Section 18-6-13 Enjoining Food Establishment
Section 18-6-14 Operation of Licensed Premises
Section 18-6-15 Inspections

XVIII-51
XVIII-52
XVIII-52
XVIII-53
XVIII-54
XVIII-54
XVIII-54
XVIII-55
XVIII-56
XVIII-57
XVIII-57
XVIII-58
XVIII-59
XVIII-60
XVIII-60

35

Section 18-6-16 Violations
Section 18-6-17 Review of Actions
Section 18-6-18 Sovereign Immunity in Enforcement

XVIII-61
XVIII-62
XVIII-62

CHAPTER 7 - ENFORCEMENT AND VIOLATIONS
Section 18-7-1 Violations Generally
Section 18-7-2 Disorderly Conduct Violations
Section 18-7-3 Denial of Access
Section 18-7-4 Notice of Violation
Section 18-7-5 Exclusion from Contracting
Section 18-7-6 Reporting of Violations

XVIII-63
XVIII-65
XVIII-65
XVIII-65
XVIII-67
XVIII-67

TITLE XIX
CORPORATIONS
CHAPTER 1
19-1-1
19-1-2
19-1-3
19-1-4

GENERAL PROVISIONS
Definitions
Governing Laws
Severability
Sovereign Immunity

XIX-1
XIX-2
XIX-3
XIX-3

CHAPTER 2
19-2-1
19-2-2
19-2-3
19-2-4
19-2-5

FORMATION
Formation
Articles of Incorporation
Amendment or Restatement of Articles
Restatement of Articles
Bylaws

XIX-3
XIX-3
XIX-4
XIX-6
XIX-7

CHAPTER 3
19-3-1
19-3-2
19-3-3
19-3-4
19-3-5
19-3-6
19-3-7
19-3-8
19-3-9
19-3-10
19-3-11

SHARES AND SHAREHOLDERS
Shares
Issuance of Shares
Meetings of Shareholders
Shareholder Action Without Meeting
Voting of Shares
Voting Trusts and Agreements
Shareholder Agreements
Shareholder Dissent
Derivative Actions
Financial Statements
Rights to Information and Records

XIX-8
XIX-10
XIX-11
XIX-13
XIX-14
XIX-15
XIX-15
XIX-18
XIX-24
XIX-26
XIX-27

CHAPTER 4
19-4-1
19-4-2
19-4-3
19-4-4

BOARD OF DIRECTORS
Board of Directors
Board Committees
Officers
Duties of Directors and Officers

XIX-28
XIX-30
XIX-31
XIX-32

CHAPTER 5
19-5-1
19-5-2

DEALING WITH CORPORATION
Nature of Corporation
Property of Corporation

XIX-36
XIX-36

36

19-5-3
19-5-4
19-5-5
19-5-6

Liability to Third Parties
Parties to Actions
Authority to Sue
Records

XIX-36
XIX-36
XIX-37
XIX-37

CHAPTER 6
19-6-1
19-6-2
19-6-3

DISTRIBUTIONS
Distributions Generally
Limitations on Distributions
Liability for Improper Distributions

XIX-39
XIX-39
XIX-40

TITLE XX
NONPROFIT ENTITIES
CHAPTER 1
20-1-1
20-1-2
20-1-3
20-1-4

GENERAL PROVISIONS
Definitions
Governing Laws
Severability
Sovereign Immunity

XX-1
XX-2
XX-2
XX-2

CHAPTER 2
20-2-1
20-2-2
20-2-3
20-2-4
20-2-5
20-2-6
20-2-7
20-2-8
20-2-9
20-2-10
20-2-11
20-2-12
20-2-13
20-2-14
20-2-15
20-2-16
20-2-17
20-2-18
20-2-19
20-2-20
20-2-21
20-2-22
20-2-23
20-2-24

NONPROFIT CORPORATIONS
Definitions
Formation
Articles of Incorporation
Amendment of Articles
Restatement of Articles
Effect of Amendment of Articles
Bylaws
Members
Meetings of Members
Member Action Without Meeting
Voting of Members
Voting Trusts and Agreements
Member Agreements
Derivative Actions
Delegates
Financial Statements
Board of Directors
Board Committees
Designated Body
Officers
Duties of Directors and Officers
Conflicts of Interest
Representations of Directors and Officers
Knowledge of Directors and Officers

XX-3
XX-4
XX-5
XX-6
XX-8
XX-9
XX-9
XX-10
XX-12
XX-14
XX-15
XX-15
XX-16
XX-19
XX-21
XX-22
XX-23
XX-25
XX-26
XX-27
XX-28
XX-30
XX-31
XX-32

CHAPTER 3
20-3-1
20-3-2
20-3-3
20-3-4

UNINCORPORATED NONPROFITS
Definitions
Formation
Governing Principles
Restatement of Governing Principles

XX-32
XX-34
XX-34
XX-35

37

20-3-5
20-3-6
20-3-7
20-3-8
20-3-9
20-3-10
20-3-11
20-3-12
20-3-13
20-3-14
20-3-15
20-3-16
20-3-17

Appointment of Registered Agent
Members
Meetings of Members
Member Action Without a Meeting
Voting of Members
Voting Agreements
Derivative Actions
Managers
Duties of Members and Managers
Conflicts of Interests
Member or Manager as Agent
Representations of Members and Managers
Knowledge of Member or Manager

XX-36
XX-37
XX-38
XX-40
XX-40
XX-41
XX-42
XX-44
XX-46
XX-48
XX-49
XX-50
XX-51

CHAPTER 4
20-4-1
20-4-2
20-4-3
20-4-4
20-4-5
20-4-6
20-4-7

DEALING WITH NONPROFIT ENTITIES
Nature of Nonprofit Entity
Property of Nonprofit Entity
Liability to Third Parties
Parties to Actions
Authority to Sue
Records
Rights to Information and Records

XX-52
XX-52
XX-52
XX-53
XX-53
XX-54
XX-55

CHAPTER 5
20-5-1
20-5-2

OWNERSHIP AND DISTRIBUTIONS
Ownership and Distributions Prohibited
Liability for Unlawful Distributions

XX-56
XX-57

TITLE XXI
PARTNERSHIPS
CHAPTER 1
21-1-1
21-1-2
21-1-3
21-1-4

GENERAL PROVISIONS
Definitions
Governing Laws
Severability
Sovereign Immunity

XXI-1
XXI-3
XXI-3
XXI-3

CHAPTER 2
21-2-1
21-2-2
21-2-3
21-2-4

FORMATION
Formation
Partnership for a Definite Term
Partnership Agreement
Statement of Qualification

XXI-3
XXI-5
XXI-5
XXI-7

CHAPTER 3
21-3-1
21-3-2
21-3-3
21-3-4
21-3-5
21-3-6
21-3-7

PARTNERS
Admission of Partners
Dissociation
Management
Voting of Partners
Action by Written Consent
Duties of Partners
Partner as Agent

XXI-9
XXI-9
XXI-15
XXI-16
XXI-16
XXI-16
XXI-18

38

21-3-8
21-3-9
21-3-10
21-3-11
21-3-12

Representations of Partner
Knowledge of Partner
Rights to Information and Records
Direct Action by Partner
Derivative Actions

XXI-19
XXI-19
XXI-19
XXI-20
XXI-21

CHAPTER 4
21-4-1
21-4-2
21-4-3
21-4-4
21-4-5
21-4-6
21-4-7
21-4-8
21-4-9

DEALING WITH PARTNERSHIP
Nature of Partnership
Interest in Partnership
Charging Partnership Interest
Property of Partnership
Liability to Third Parties
Parties to Actions
Authority to Sue
Actions Between Partners and Partnership
Records

XXI-23
XXI-23
XXI-25
XXI-26
XXI-27
XXI-29
XXI-30
XXI-30
XXI-30

CHAPTER 5
21-5-1
21-5-2
21-5-3
21-5-4
21-5-5
21-5-6
21-5-7
21-5-8
21-5-9
21-5-10
21-5-11
21-5-12
21-5-13
21-5-14

LIMITED PARTNERSHIPS
Formation
Certificate of Limited Partnership
Amendment or Restatement of Certificate
Dual Capacity
Admission of Limited Partners
Person Erroneously Believing Limited Partner
Dissociation of Limited Partners
Management by Limited Partner
Voting of Limited Partners
Duties of Limited Partners
Limited Partner as Agent
Knowledge of Limited Partner
Rights to Information and Records
Liability to Third Parties

XXI-32
XXI-32
XXI-33
XXI-35
XXI-35
XXI-36
XXI-36
XXI-39
XXI-39
XXI-39
XXI-39
XXI-40
XXI-40
XXI-40

CHAPTER 6
21-6-1
21-6-2
21-6-3
21-6-4
21-6-5

CONTRIBUTIONS AND DISTRIBUTIONS
Contributions
Allocation of Profits and Losses
Distributions Generally
Limitations on Distributions
Liability for Improper Distributions

XXI-41
XXI-42
XXI-42
XXI-43
XXI-43

TITLE XXII
COOPERATIVES
CHAPTER 1
22-1-1
22-1-2
22-1-3
22-1-4
CHAPTER 2
22-2-1
22-2-2

GENERAL PROVISIONS
Definitions
Governing Laws
Severability
Sovereign Immunity
FORMATION
Formation
Articles of Organization

XXII-1
XXII-4
XXII-4
XXII-4
XXII-4
XXII-5

39

22-2-3
22-2-4

Bylaws
Amendment of Articles and Bylaws

XXII-6
XXII-7

CHAPTER 3
22-3-1
22-3-2
22-3-3
22-3-4
22-3-5
22-3-6
22-3-7
22-3-8
22-3-9
22-3-10
22-3-11
22-3-12
22-3-13

MEMBERS
Admission of Members
Districts and Classes
Dissociation
Meetings of Members
Member Action Without a Meeting
Voting of Members
Member Transactions with Cooperative
Member as Agent
Direct Action by Member
Member Dissent
Derivative Actions
Financial Statements
Rights to Information and Records

XXII-10
XXII-11
XXII-13
XXII-14
XXII-16
XXII-16
XXII-17
XXII-17
XXII-17
XXII-18
XXII-22
XXII-24
XXII-25

CHAPTER 4
22-4-1
22-4-2
22-4-3
22-4-4
22-4-5
22-4-6
22-4-7
22-4-8
22-4-9

BOARD OF DIRECTORS
Board of Directors
Board Committees
Officers
Duties of Directors and Officers
Conflicts of Interest
Directors and Officers as Agent
Representations of Directors and Officers
Knowledge of Director or Officer
Right to Information

XXII-27
XXII-32
XXII-32
XXII-33
XXII-36
XXII-37
XXII-37
XXII-37
XXII-37

CHAPTER 5
22-5-1
22-5-2
22-5-3
22-5-4
22-5-5
22-5-6
22-5-7

LIMITED COOPERATIVES
Requirements for Formation
Dual Capacity
Voting of Investor Members
Approval of Actions
Board of Directors
Interest in Limited Cooperative
Removal of Limited Cooperative Status

XXII-38
XXII-39
XXII-39
XXII-40
XXII-40
XXII-41
XXII-41

CHAPTER 6
22-6-1
22-6-2
22-6-3
22-6-4
22-6-5
22-6-6

WORKER COOPERATIVES
Requirements for Formation
Members as Employees
Limited Worker Cooperatives
Collective Board Worker Cooperatives
Patronage
Removal of Worker Cooperative Status

XXII-42
XXII-43
XXII-43
XXII-43
XXII-44
XXII-44

CHAPTER 7
22-7-1
22-7-2
22-7-3
22-7-4

DEALING WITH COOPERATIVE
Nature of Cooperative
Cooperatives Not Restraint of Trade
Marketing Contracts
Interests in Cooperative

XXII-45
XXII-45
XXII-45
XXII-46

40

22-7-5
22-7-6
22-7-7
22-7-8
22-7-9
22-7-10
22-7-11

Charging Membership Interest
Property of Cooperative
Disposition of Assets
Liability to Third Parties
Parties to Actions
Authority to Sue
Records

XXII-48
XXII-49
XXII-49
XXII-51
XXII-51
XXII-52
XXII-52

CHAPTER 8
22-8-1
22-8-2
22-8-3
22-8-4
22-8-5
22-8-6

CONTRIBUTIONS AND DISTRIBUTIONS
Contributions
Allocation of Profits and Losses
Distributions Generally
Redemption or Repurchase
Limitations of Distributions
Liability for Improper Distributions

XXII-54
XXII-55
XXII-57
XXII-57
XXII-57
XXII-58

41

PONCA TRIBE OF NEBRASKA
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.

1.
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.
2.
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.
3.
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.

1.
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.
2.
When a title of this Code or any portion thereof provides
by its terms that it shall take effect on a specified day only,
I-1

such enactment shall become effective at midnight on the date
specified in the enactment.
3.
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.

1.
No title of this Code or any portion
retroactive unless expressly declared therein.

thereof

is

2.
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:
I-2

1.
This Code shall be liberally construed to effect its
object and purpose and to promote justice;
2.
This Code shall not be construed as waiving or diluting
or limiting the sovereignty, authority, or jurisdiction of the
Tribe; and
3.
Whenever possible, this Code shall
consistent with the common law of the Tribe.
Section 1-1-10.

be

construed

as

Words and Phrases.

1.
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.
2.
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:
1.
Words in the present tense include the future and the
past tense;
2.
Words in the singular number include the plural, and
words in the plural number include the singular;
3.
Words of the masculine gender include masculine and
feminine genders and the neuter;
4.
Words of the feminine gender include the feminine and
masculine genders and the neuter; and
5.
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:
I-3

1.
“Adult” means a person who is nineteen (19) years of age
or older or a child who has been emancipated.
2.
“Child” means a person who is under nineteen (19) years
of age and has not been emancipated.
3.
“Code” means the Code of the Ponca Tribe of Nebraska in
its entirety.
4.
“Constitution” means the Constitution of the Ponca Tribe
of Nebraska.
5.
“Includes” and “including” means not limited to and is
not a term of exclusion.
6.
“Indian” or “Indian Person” means any person of Indian
descent who is a member of any federally recognized Tribe.
7.
“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.
8.
“Majority” and “age of majority” as used in reference to
the age of persons means the age of nineteen (19) years or more.
9.
“Member” means a person
Membership Roll of the Tribe.

whose

name

appears

on

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
I-4

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.

1.
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.
2.
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.
3.
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.
I-5

1.

The following days shall be legal holidays of the Tribe:

a.

Sunday of each week;

b.

January 1, “New Year’s Day;”

c.

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

d.
May
Leaders;”

12,

“Chief

Standing

Bear

Day:

e.

Last Monday in May, “Memorial Day;”

f.

July 4, “Independence Day;”

g.

First Monday in September, “Labor Day;”

h.
October
31,
“Northern
Remembering our Elders;”

Ponca

Remembering

Restoration

Day

i.

November 11, “Veterans’ Day;”

j.

Fourth Thursday in November, “Thanksgiving Day;”

k.

Fourth Friday in November, “Native American Day;”

l.

December 24, “Christmas Eve;”

m.

December 25, “Christmas Day;” and

Our

–

n.
Any other day the Tribal Council may, from time to time,
declare to be a legal holiday.
2.
With the exception
subsection 1, paragraph a:

of

the

holiday

enumerated

in

a.
When any of the holidays enumerated in subsection 1 falls
on a Sunday, the following Monday shall be observed as a holiday;
and
b.
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.

1.
Except as expressly provided elsewhere by the laws of
the Tribe, offices, departments and agencies of the Tribe shall
I-6

not be open, and no court or tribunal of the Tribe shall be open
on a legal holiday.
2.
The following entities of the Tribe shall not be subject
to this Section:
a.
Any law enforcement offices, agencies, and departments
of the Tribe, including departments and commissions charged with
the regulation of gambling, hunting, or fishing;
b.

The Health Services Department; and

c.

All economic enterprises of the Tribe.

Section 1-1-17.

Computation of Time.

1.
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.
2.
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

1.

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

2.
Appeals.

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

3.
“Court of Appeals” means the Court of Appeals of the
Tribal Court established in this Chapter.
4.
“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.
I-7

5.
“Judge” means a judge of the Trial Court duly appointed
by the Tribal Council and includes a justice of the Court of
Appeals.
6.
“Justice” means a justice of the Court of Appeals of the
Tribal Court duly designated pursuant to this Chapter.
7.
“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.

1.
There shall be appointed one Chief Justice who shall be
called into service when the need arises.
2.
Court.

There shall be appointed one Chief Judge of the Trial

3.
There may be appointed such associate justices
judges as the Tribal Council deems necessary or desired.

and

4.
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.
5.
Justices and judges shall be appointed to six year terms
and may be appointed to successive terms of office.
I-8

Section 1-2-5.

Selection of Justices and Judges.

1.
Justices and judges shall be selected for appointment by
the Tribal Council from nominees received from the Judicial
Nominating Committee.
2.
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.
3.
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.
4.
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.

1.
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.
2.
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.
3.
Judges pro tempore shall meet the same requirements and
qualifications applicable to other judges and justices of the
Tribal Court.
4.
A judge pro tempore may serve as a judge or justice, as
the case may be, only under the following circumstances:
a.
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;
I-9

b.
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;
c.
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;
d.
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
e.
When necessary to fill a vacancy in the office of the
Chief Judge pending appointment of a Chief Judge.
5.
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.
6.
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.
7.
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.
8.
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.
I-10

Section 1-2-7.

Removal of Judges.

1.
During tenure in office, a justice or judge may be
removed from office for any one of the following reasons:
a.

Habitual neglect of duties of office;

b.

Oppression in office for personal gain or advantage; or

c.
Conviction in any court of competent jurisdiction of a
felony or crime involving moral turpitude.
2.
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.
3.
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.
1.

Powers and Duties of Judges.

The justices and judges of the Tribal Court shall:

a.
Administer justice and discharge all duties imposed upon
them by the laws of the Tribe;
b.
Bear and decide matters of a judicial nature and enter
judgments and orders disposing of such matters; and
c.
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.
2.

All justices and judges shall have the power to:

a.
Preserve and enforce order in their immediate presence,
and in proceedings before them, when engaged in the performance of
their judicial duties;
b.

Compel obedience to their lawful orders;

I-11

c.
Compel the attendance of persons to testify
proceedings before them as provided by the laws of the Tribe;

in

d.
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
e.
Impose civil contempt by fine or other means as provided
under the laws of the Tribe to assure the effectual exercise of
these powers.
3.
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.
4.
The
Chief
Judge
shall
be
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:
1.
where:

The following rules

A judge shall disqualify himself from hearing any matter

a.
the judge has been engaged as counsel in the matter prior
to appointment as judge;
b.

the judge is otherwise interested in the matter;

c.
either party to the matter is a member of the judge’s
immediate family;
d.

the judge is a material witness in the matter; or

e.
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.
2.
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.

I-12

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.
1.
Court.

Tribal Court Administrator.

There shall be a Tribal Court Administrator of the Tribal

2.
The Tribal Court Administrator
following duties and functions:

shall

perform

the

a.
Supervise and keep all records, files, dockets or other
records required to be kept by the laws of the Tribe;
b.
Keep a written or electronic record of all proceedings
of the Tribal Court;
c.

Administer oaths;

d.
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;
e.
Assist the Tribal Court in any way required to facilitate
the performance of its duties;
f.
Aid the police or private citizens in their dealings
with the Tribal Court;

I-13

g.
Render assistance to individual members of the Tribe or
their counsel in the drafting of documents incidental to
proceedings in the Court.
3.
advice.

The

Tribal

Section 1-2-13.

Court

Administrator

may

not

give

legal

Law and Justice Committee.

1.
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:
a.
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;
b.
Senior staff members or designee from the different
branches of the Tribe; and
c.

Members of the Tribe appointed by the Tribal Council.

2.
follows:

The duties of the Law and Justice Committee shall be as

a.
Council;

To act as a liaison between the Tribal Court and Tribal

b.
To oversee the budget of the Tribal Court and make
recommendations to the Tribal Council regarding the same;
c.
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;
d.
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
I-14

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;
e.
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;
f.
To approve Rules of Court governing or related to
judicial conduct as provided herein;
g.
To set filing fees for the Tribal Court as permitted
herein;
h.
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;
i.
To make recommendations to the Tribal Council regarding
amendments, modifications, and additions to this Code; and
j.
Such other duties and responsibilities as the Tribal
Council may from time designate.
3.
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.
4.
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.

1.
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.
2.
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
I-15

judge may be called in to hear cases at any time for any reasonable
cause by the Chief Judge.
3.
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.

1.
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.
2.
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.
3.
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.
4.
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:
1.
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.
2.
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
I-16

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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
Any petition which involves the adoption, repeal, or
amendment of rules governing or related to judicial conduct shall
I-17

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:
1.
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.
2.
A breach of the peace, or loud, boisterous conduct which
tends to interrupt the court in a judicial proceeding.
3.
Deceit, or abuse of process or proceedings of the court
by a party or counselor to a judicial proceeding.
4.
Disobedience to a lawful judgment, order or process of
the court.
5.
Assuming to be an officer, spokesman or other official
of the court and acting as such without authority.
6.
Rescuing or taking any person or property from the court
or an officer acting under court order, contrary to the order of
the court.
7.
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.
8.
Disobedience of a subpoena duly served, or refusing to
be sworn or answer as a witness.
I-18

9.
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:
1.
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.
2.
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.
3.
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

1.
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.
2.
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.

I-19

1.
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:
a.
Any person residing, located or present within
territory of the Tribe for any civil cause of action;

the

b.
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;
c.
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;
d.
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;
e.
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;
f.
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;
g.
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
h.
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.
2.
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.
I-20

3.
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.

1.
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.
2.

The Trial Court shall also have:

a.
Jurisdiction to issue injunctions, writs and other
orders necessary and proper to the complete exercise of its
jurisdiction;
b.
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;
c.
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
d.
Such other jurisdiction as may be provided by the laws
of the Tribe.
3.
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
I-21

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.
4.
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

1.
Appellate jurisdiction in all actions and proceedings
properly before and originating in or permitted by law to be
appealed from the Trial Court;
2.
Jurisdiction to issue injunctions, writs and other
orders necessary and proper to the complete exercise of its
jurisdiction;
3.
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;
4.
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
5.
Such other jurisdiction as may be provided by the laws
of the Tribe.
I-22

CHAPTER 5
COUNSELORS AND PROFESSIONAL ATTORNEYS
Section 1-5-1.
Definitions.
Unless
otherwise, as used in this Chapter:

the

context

requires

1.
“Attorney” means an individual professionally trained as
an attorney and licensed to practice law in any state, federal, or
Tribal jurisdiction.
2.
“Lay advocate” means an individual admitted to practice
law before the Tribal Court but who is not professionally trained
or licensed as an attorney.
3.
“Legal
advocate.
Section 1-5-2.

counsel”

includes

both

an

attorney

and

lay

Right to Representation.

1.
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.
2.
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.

I-23

1.
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.
2.
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.

1.
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:
a.
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;
b.
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
c.
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.
2.
A non-refundable application fee shall be tendered upon
submittal of the application unless waived as provided herein.
3.
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.
4.
Upon taking of the oath, either orally or in writing,
the Chief Judge shall cause a certificate to be issued evidencing
I-24

the admission of the legal counsel to practice before the Tribal
Court.
5.
Any person denied admission shall have a right to appeal
and have a due process hearing before the Court of Appeals.
6.
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.

1.
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.
2.
The Law and Justice Committee, subject to input and
recommendations from the Tribal Court, may waive application fees
and annual fees for lay advocates.
3.
The application fee and any

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aponca_nebraska%3A816d6d58ad5e8280. Public record. Not legal advice.