We, the people of the Bad River Band of the Lake Superior Tribe of Chippewa Indians establish this Tribal Court Code of the Band, (1) to protect the peace and order of all persons within the territorial boundaries of the Bad River Reservation; (2) to protect the natural resources and beauty of the Reservation; (3) to protect the cultural traditions, customs, land base and human resources of the Band; and (4) to preserve the life ways and natural resources of the Band for future generations so that they may have the benefits that are rightfully theirs to enjoy and keep; (5) to assure the perpetual existence of the Band; and (6) to exercise the inherent sovereign powers of the Band. To accomplish these goals it is necessary that those that violate the code of the Band be punished as necessary and that disputes arising within the jurisdiction of the Band be resolved both according to the customs, laws and process of the Band itself. Further, the Bad River Band of Lake Superior Tribe of Chippewa Indians intend with this code to set out a structure and procedures for the establishment and maintenance of a comprehensive judicial system; to deal fairly and equitably with all individuals; to justly administer all applicable laws, ordinances and regulations.
|Preamble||Family Codes||Conservation Codes||Miscellaneous Codes||Contract & Procurement|
101 General Provisions
|115 Subpoenas||201 Powers of Tribal Wardens||326 Commercial Fishing in the Western|
920 Code of Conduct
|102 Definitions||125 Children’s Code||300 Conservation; General Provisions||331 Resident Non-Member Indian Permits||Workers Compensation|
|103 Establishment and Duties||126 Marriage||301 Hunting of Deer||340 Sloughs Protection Ordinance||1100 Workers Compensation|
|104 Judges||127 Dissolution of Marriage||302 Taking of Walleye||350 Boat Registration||Economic Regulation [For Profit]|
|105 Civil Procedures||129 Visitation Rights for Grandparents and Others||303 Harvesting of Wild Rice||351 Snowmobile Registration||1200 Charter of Economic Organizations [Reserved]|
|106 Jurisdiction||130 Name Changes||304 Trapping Ordinance||352 All Terrain Vehicle Registration||1300 Charter of Non-profit Economic Organizations|
|107 Clerk of Court||131 Foster Home Licensing||305 Tagging||Lease and Land Use||1500 Motor Vehicle Licensing|
|108 Prosecutor||134 Curfew||306 Moose||403 Tribal Leases||Fireworks|
|109 Court Records||135 Truancy||310 Closed Fishing Season||_ Interim Land Use Control||1600 Regulation and Use of Fireworks|
|110 Complaint and Answers||145 Domestic & Family Violence Code||315 Setting of Nets||405 Bad River Utilities|
|111 Service||Rules of Evidence||320 Closed Deer Season||450 Leasehold Mortgage Regulations||1700 Establishment of a Repatriation Committee|
|325 Commercial Fishing||Gaming||Building Code Compliance Ordinance No: RI-1-66|
|113 Initial Appearance||151 Relevancy||326 Commercial Fishing in the Western||500 Gaming Control Ordinance||Tribal Housing Ordinance|
|114 Enforcement of Court Orders||152 Privileges|
Michigan Waters of Lake Superior
|116 Criminal Procedures||153 Witnesses||327 Commercial Fishing Vessel||601 Membership|
|117 Parties to a Violation||154 Writings|
|118 Juveniles||155 Hearsay||327 Sloughs Protection Ordinance||701 Cigarettes|
|119 Reserved||128 Adult Guardianship||330 Regulation of Members Assisting||Traffic Safety|
|120 Seizures||156 Judicial Notice|
Exclusion and Removal
|1400 Regulation of Traffic and Control of Parking Areas On the Bad River Reservation|
|121 Appeal Procedure||Safety Standards and Usage Operation|
800 Exclusion and Removal of Non-Members from the Bad River Reservation
|122 Small Claims Procedure||360 Dog Control Regulations||Hiring Ordinance||1000 Establishment And Operation of Bad River Tribe Police Commission|
|123 Civil Remedial Forfeitures||375 Solid Waste Recycling and Disposal||900 Hiring by Contractors is Restricted||1000 Winter Parking Ordinance|
|124 Landlord/Tenant Relations||376 Open Burning, Burning Barrels|
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Chapter 101 – General Provisions
This Tribal Court Code shall become effective when adopted by resolution of the Bad River Tribal Council pursuant to the inherent authority vested in the Bad River Band of the Lake Superior Tribe of Chippewa Indians, retained and acknowledged by the Constitution of the Band adopted pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended and shall apply to all members, and provided herein to non-members who, through either their residence, presence, business dealings, other actions or contact with the Band or other significant contracts with the Band and or its residents, commit criminal offenses in violation of the laws of the Band or incur civil obligations to persons or entities entitled to the protection of laws of the Band.
Any and all ordinances or portions thereof heretofore enacted by the Tribal Council which are in any way conflict with the provisions of this Civil and Criminal Code are hereby repealed.
This Code shall be interpreted pursuant to the customs and traditions of the Bad River Band of Lake Superior Tribe of Chippewa Indians. Where any doubt arises as to these customs and traditions, the Court may request the advice of counselors familiar with these customs and traditions. If none such exist, then the Court may use appropriate Federal or State law as guidelines.
Should any section of this Civil and Criminal Code be determined as unconstitutional by any court of proper jurisdiction, that determination shall not affect any other provisions of this Civil and Criminal Code
This Court Code may be amended by ordinance of the Tribal Council and any amendments adopted shall be effective and become part of this Code as provided in the amending ordinance, subject however to review by the Secretary of the Interior as provided in Article VI, Sec. 1(g) of the Bad River Tribal Constitution.
Chapter 102 – Definitions
As used in this code, the following terms shall have the meanings given to them in this section.
(a) "Bad River Reservation" shall mean all lands and waters regardless of ownership within the exterior boundaries of the reservation as designated in the Treaty of 1854 between the Chippewa Indians of Lake Superior and the Mississippi, and the United States, 10 Stat. 1109, and any lands or water or interests therein which may be held or acquired outside the reservation by or on behalf of the Band.
(b) "Tribal Council" shall be the duly constituted Tribal Council of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(c) "Members of the Bad River Band" shall mean those persons currently enrolled in the Tribe.
(d) "Bad River Tribal Court" shall mean the duly constituted court of the Tribe.
(e) "Jury" shall mean six (6) persons drawn from the list of eligible jurors empowered to decide matters of fact and to give a verdict according to the evidence.
(f) "Juror" shall mean a tribal member at least eighteen (18) years of age who served upon a jury.
(g) "Clerk of Court" shall mean an officer of the Tribal Court who has charge of the clerical part of its business.
(h) "Prosecutor" shall be an official or officials appointed by the Tribal Council to investigate and initiate complaints and prosecute individuals when good reason exists to believe they have committed infractions of Tribal Codes or ordinances.
(i) "Complaint" shall mean a formal, written allegation against a party.
(j) "Subpoena" shall mean a writ commanding the designated person to appear and testify and/or produce physical evidence.
(k) "Search Warrant" shall mean an order in writing issued by a tribal judge directing authorized tribal enforcement personnel to search specific persons and/or property.
(l) "Appellate Court" or "Court of Appeals" shall mean the Court established by Section 103.9, with procedures established by Chapter 121.
(m) "Juvenile" shall mean any individual who has not yet had his or her eighteenth birthday.
(n) "Tribe" shall mean the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(o) "Person" means any natural or legal person, including corporations, governmental units, and agencies thereof.
(p) "Tribal Holiday" means New Year's Day, day after New Year's Day, Martin Luther King Day, President's Day, Good Friday from 12:00 noon to 4:30 p.m., Easter Monday, Memorial Day, Independence Day, Treaty Day, Labor Day, Indian Day (last Friday in September), Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve from 12:00 noon until 4:30 p.m., Christmas Day, and the day after Christmas Day, provided that when a holiday falls on a Sunday it is observed on the following Monday and when it falls on a Saturday it is observed on the following Monday and when it falls on a Saturday it is observed on the preceding Friday.
Chapter 103 – Establishment and Duties
The Tribal Council hereby establishes a Tribal Court which shall have jurisdiction as provided by Section 106 or other applicable tribal law
Anyone entering the Bad River Reservation consents to the jurisdiction of the Bad River Tribal Court.
The Court shall consist of one chief judge to be selected by the Tribal Council and such associate judges as the Council may deem necessary.
All penalties and forfeitures assessed shall be in accordance with the provisions adopted in this code. In no case, however, shall a fine exceed $5,000.00 or a term of incarceration exceed one year for each violation.
The Court will convene at such location and at such times as shall be designated by the Court.
The Court shall collect all fines, forfeitures and other monies generated through enforcement of Tribal Ordinances.
All receipts shall be disposed of as prescribed by Tribal Council.
Court personnel shall be selected under standards established by the Tribal Council.
A Court of Appeals is hereby established, consisting of the judges of other tribal courts who from time to time consent to sit on a panel of three judges to hear appeals cases.
A Court of Appeals panel, consisting of three judges, shall be selected by the Clerk of the Court of Appeals upon the proper filing of appeal.
Chapter 104 – Judges
Any person over the age of 30 who is generally knowledgeable in the laws applicable upon the Bad River Reservation shall be eligible for appointment as judge.
Any judge of the Bad River Tribal Court may be suspended, dismissed, or removed after written notice and fair hearing in executive session, by a two-thirds vote of the Tribal Council for just cause. Each judge shall be appointed for a term of six (6) years, unless sooner removed for cause, or unless elected to the Tribal Council, and shall be eligible for reappointment.
No individual shall serve as judge while serving as a member of the Tribal Council or as a tribal law enforcement officer. The duties of any judge who is nominated for election to the Tribal Council shall be transferred to other judges of the court pending the election. If the judge shall be elected to the Tribal Council, his term of judge shall terminate at 12:01 midnight the day prior to the commencement of his term on the Tribal Council.
No judge shall be qualified to act in any case wherein he or she has any direct interest. A tribal judge shall not, unless his service is agreeable with all parties, sit on any case wherein his or her spouse, mother, father, sister, brother, son, daughter, grandfather, or grandmother, is a party.
In case of a vacancy, the judgeship will be filled by an appointment through a majority vote of the Bad River Tribal Council.
It shall be the duty of the court to judge all cases brought before it.
CHAPTER 104 AMENDED BY RESOLUTION #2-6-91-167