§ 11.118 What are the jurisdictional limitations of the Court of Indian Offenses?
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Title 25 CFR: Indians › Chapter I: BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › Part 11: COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE › Subpart A: Application; Jurisdiction › § 11.118: § 11.118 What are the jurisdictional limitations of the Court of Indian Offenses?
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(a) A Court of Indian Offenses may exercise over a Federal or State official only the same jurisdiction that it could exercise if it were a tribal court. The jurisdiction of Courts of Indian Offenses does not extend to Federal or State employees acting within the scope of their employment.
(b) A Court of Indian Offenses may not adjudicate an election dispute, take jurisdiction over a suit against a tribe, or adjudicate any internal tribal government dispute, unless the relevant tribal governing body passes a resolution, ordinance, or referendum granting the court jurisdiction.
(c) In deciding who is a tribal official, BIA will give deference to a decision of the Court of Indian Offenses, acting as a tribal forum by resolution or ordinance of a tribal governing body under paragraph (b) of this section.
(d) A tribe may not be sued in a Court of Indian Offenses unless its tribal governing body explicitly waives its tribal immunity by tribal resolution or ordinance.
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