Sidebilder
PDF
ePub

and the appellant need not be represented by counsel. An appeal by an Indian or Indian tribe received in an office other than that to which it should be properly addressed shall be transmitted to the proper office and the appellant advised. If such office is unknown where received, it shall be returned to the writer. § 2.32 Record address.

Every interested party who files a document in connection with an appeal shall state his address at the time of initial filing in the matter. Thereafter, he must promptly inform the oficial with whom the filing was made of any change in address, giving appropriate identification of all matters in which he has made such a filing; otherwise, the address as stated shall be accepted as the proper address. The successors of such party shall likewise promptly inform the oficial of their interest in the matter and state their addresses. If an interested party fails to furnish his address as required in this section, he will not be entitled to notice in connection with the proceedings. $ 2.33 Service.

(a) Wherever this regulation requires that a copy of a document be served, service shall be made by delivering the copy personally or by sending the document by registered or certified mail, return receipt requested, to the address of record as required in § 2.32. Where a tribe is an interested party, service shall be made on the authorized tribal official or tribal governing body. Notice of a decision is suficient if mailed by regular mail.

(b) A document will be considered to have been served at the time (1) of acknowledgment, (2) of personal service, (3) of delivery of a registered or certified letter, or (4) of the return by the post office of an undelivered registered or certified letter.

(c) In all cases where a party is represented by an attorney, such attorney will be recognized as fully controlling the same on behalf of his client, and service of any document relating to the proceeding upon such attorney shall be deemed to be service on the party he represents. Where a party is represented by more than one attorney, sery

ice upon one of the attorneys shall be sufficient. $ 2.34

Computation of time for filing and service. In computing any period of time prescribed herein for filing or serving a document, the day upon which the decision or document to be appealed or answered was mailed or served, or the day of any other event after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless it falls upon a Saturday, Sunday, or legal holiday. $ 2.35 Extensions of time.

The period for filing or serving any document may be extended or waived on behalf of an interested party by the officer to whom the appeal is taken, for good cause found by the oficer. The Secretary in his discretion may extend or waive any time limitation established by these regulations. § 2.36 Summary dismissal.

An appeal to the Area Director, Commissioner or the Secretary may be subject to summary dismissal by the officer to whom it is made for any of the following causes:

(a) If a statement of the reasons for the appeal is not included in the petition.

(b) If the petition or additional statement of reasons in support of the appeal are not received or not served upon the interested parties within the time required.

(c) If proof of service of any document is not filed within the time required. No appeal shall be dismissed because of a procedural error or informality which is satisfactorily explained as being the result of ignorance, mistake, or circumstances beyond the control of the appellant. § 2.37 Scope of review.

When a matter is before an official of the Bureau of Indian Affairs or higher echelon of the Department of the Interior on appeal, any information available to the reviewing officer may be used whether formally part of the record, if any, or not, but where reliance is placed on information not of record such information shall be identified as to source and nature.

SUBCHAPTERS B-E-FEDERAL SERVICES; INDIVIDUAL INDIANS

SUBCHAPTER B-LAW AND ORDER

PART 11-LAW AND ORDER ON

INDIAN RESERVATIONS

APPLICATION; JURISDICTION Sec. 11.1 Application of regulations. 11.2 Jurisdiction.

COURTS OF INDIAN OFFENSES 11.2CA Jurisdiction. -11.3 Judges. 11.3CA Judges. 11.4 Removal of judges. 11.5

Court procedure. 11.5CA Court procedure. 11.6

Appellate proceedings. 11.60 Appellate proceedings. 11.6CA Appellate proceedings. 11.7 Juries. 11.70 Juries. 11.8 Witnesses. 11.8CA Witnesses. 11.10 Clerks. 11.11 Records. 11.12 Copies of laws. 11.13 Complaints. 11.14 Warrants to apprehend. 11.15 Arrests. 11.16 Search warrants. 11.17 Commitments. 11.18 Bail or bond. 11.19 Definition of signature. 11.20 Definition of tribal council. 11.200 Definition of tribal council. 11.21 Cooperation by Federal employ

ees.

CIVIL ACTIONS 11.22 Jurisdiction. 11.22C Jurisdiction. 11.22CA Jurisdiction. 11.23 Law applicable to civil actions. 11.24 Judgments in civil actions. 11.240 Judgments in civil actions. 11.24CA Judgments in civil actions. 11.25 Costs in civil actions. 11.25CA Costs in civil actions. 11.26 Payment of judgments from in

dividual Indian moneys. 11.260 Payment of judgments from in

dividual Indian moneys.

DOMESTIC RELATIONS 11.27 Recording of marriages and di.

Sec. 11.30 Determination of paternity and

support. 11.30CA Determination of paternity and

support. 11.31 Determination of heirs. 11.310 Determination of heirs. 11.31CA Determination of heirs. 11.32 Approval of wills. 11.320 Approval of wills.

SENTENCES 11.33 Nature of sentences. 11.33CA Nature of sentences. 11.34 Probation. 11.340 Probation. 11.35 Parole. 11.36 Juvenile delinquency. 11.360 Juvenile delinquency. 11.37

Disposition of fines. 11.37CA Deposit and disposition of ines.

CODE OF INDIAN TRIBAL OFFENSES 11.38 Assault. 11.39 Assault and battery. 11.40 Carrying concealed weapons. 11.41 Abduction. 11.42 Theft. 11.43 Embezzlement. 11.44 Fraud. 11.45 Forgery. 11.46 Misbranding. 11.47 Receiving stolen property. 11.48 Extortion. 11.49 Disorderly conduct. 11.49CA Disorderly conduct. 11.50 Reckless driving. 11.500 Reckless driving. 11.51 Malicious mischief. 11.52 Trespass. 11.52CA Trespass. 11.53 Injury to public property. 11.53CA Injury to public property. 11.54 Maintaining a public nuisance. 11.55 Liquor violations. 11.56 Cruelty to animals. 11.57 Game violations. 11.58 Gambling. 11.59 Adultery. 11.600 Fornication. 11.61 Illicit cohabitation. 11.62 Prostitution. 11.63 Giving venereal disease to another. 11.630 Giving venereal disease to another. 11.63CA Giving venereal disease to another. 11.64 Failure to support dependent per

sons. 11.640 Failure to support dependent per

vorces. 11.28 Tribal custom marriage and

divorce. 11.28CA Marriages, divorces, and adoptions. 11.29 Tribal custom adoption. 11.290 Adoption.

sons. 11.65 Failure to send children to school.

Sec.

11.24C, 11.25, 11.260, 11.28, 11.29, 11.290, 11.66 Contributing to the delinquency of 11.30, 11.31, 11.31C, 11.32, 11.32C, 11.33, 11.340, a minor.

11.36C, 11.37, 11.49, 11.50C, 11.52, 11.58, 11.57, 11.67 Bribery.

11.58, 11.600 11.63, 11.630, 11.64C, 11.74, 11.68 Perjury.

11.75C, and 11.76NH-11.87NH, inclusive, aro 11.69 False arrest.

not applicable to Coeur d'Alene Indians. 11.70 Resisting lawful arrest.

All sections which follow bearing the sym11.71 Refusing to aid oficer.

bol "CA" at the end of the number are appll11.72 Escape.

cable only to the Coeur d'Alene Indians. 11.73 Disobedience to lawtul orders of

All sections in Part 11 not heretofore mencourt. 11.74 Violation of an approved tribal

tioned in this note are applicable to the ordinance.

Coeur d'Alene Indians. 11.750 Limitation on filing of com

APPLICATION; JURISDICTION plaints. 11.75CA Attempted rape.

§ 11.1 Application of regulations. 11.76CA Vagrancy.

(a) The regulations in this part re11.76NH Failure to sell or remove from tribal range infectious or cull

lative to Courts of Indian Offenses shall animals.

apply to all Indian reservations on which 11.77NH Introduction of livestock with- such courts are maintained. out permit.

(b) It is the purpose of the regulations 11.78NH Stock trespass in form of un. in this part to provide adequate maauthorized use of range.

chinery of law enforcement for those In11.79NH Failure to dip sheep.

dian tribes in which traditional agencies 11.80NH Making false reports of stock

for the enforcement of tribal law and owned. 11.81NH Unauthorized fencing of tribal

custom have broken down for which no land.

adequate substitute has been provided 11.82NH Inter-district trespass.

under Federal or State law. 11.83NH Grazing stock without permit.

(c) No court of Indian Offenses will 11.84NH Refusing to brand or mark uve

be established on reservations where jusstock.

tice is effectively administered under 11.85NH Obstructing or interfering with livestock roundups.

State laws and by State law enforcement 11.86NH Trespass on areas reserved for agencies. demonstration purposes.

(d) The regulations in this part shall 11.87NH Peyote violations.

continue to apply to tribes organized unTHE INDIAN POLICE

der the act of June 18, 1934 (48 Stat. 984;

25 U.S. C. 461-479), until a law and order 11.301 Superintendent in command.

code has been adopted by the tribe in 11.302 Police commissioners. 11.303 Police training.

accordance with its constitution and by11.304 Indian policemen.

laws and has become effective; and 11.305 Dismissal.

thereafter $$ 11.3, 11.4, 11.301, 11.302, 11.306 Return of equipment.

11.303, 11.304, 11.305 and 11.306 shall AUTHORITY: The provisions of this Part 11

continue in effect as long as the Indian Issued under R.S. 463; 25 U.S.C. 2. Interpret

judges and Indian police are paid from or apply sec. 1, 38 Stat. 586; 25 U.S.C. 200. appropriations made by the United

States or until otherwise directed. SOURCE: The provisions of this Part 11 ap

(e) Nothing in this section shall prepear at 22 F.R. 10515, Dec. 24, 1957, unless otherwise noted.

vent the adoption by the tribal council of

ordinances applicable to the individual NOTE: The regulations is this part are ap

tribe, and after such ordinances have plicable on Indian reservations subject to the

been approved by the Secretary of the provisions of $ 11.1, and the following exceptions:

Interior they shall be controlling, and the $$ 11.6, 11.7, 11.20, 11.22, 11.24, 11.26, 11.28,

regulations of this part which may be 11.29, 11.31, 11.32, 11.34, 11.36, 11.50, 11.63,

inconsistent therewith shall no longer be and 11.64, not applicable to Crow Indians. applicable to that tribe.

$$ 11.60, 11.7C, 11.200, 11.22C, 11.240, $ 11.2 Jurisdiction. 11.26C, 11.29C, 11.31C, 11.320, 11.34C, 11.86C, 11.50C, 11.60C, 11.63C, 11.640, and 11.75C, ap

(a) A Court of Indian Offenses shall plicable only to Crow Indians.

have jurisdiction over all offenses enu$$ 11.76NH to 11.87NH, inclusive, applicable

merated in $$ 11.38–11.87NH, when comonly to Navajo and Hopi Indians.

mitted by any Indian, within the reserva88 111, 112, 116, 115, 116, 11.6C, 117, tion or reservations for which the court 11.7C 11.8, 11.200, 11.22, 11.220, 11.24, is established, provided that such court on the Hopi Reservation shall also have be the duty of the said Court of Indian jurisdiction to enforce against members Offenses to order delivery to the proper of the tribe within the Hopi Reservation authorities of the State or Federal Govthe ordinances passed by the Hopi tribal ernment or of any other tribe or reservacouncil which prohibit offenses against tion, for prosecution, any offender, there the peace and welfare of the tribe com- to be dealt with according to law or regumitted by such members of the lations authorized by law, where such reservation.

authorities consent to exercise jurisdic(b) With respect to any of the offenses tion lawfully vested in them over the said enumerated in 88 11.38–11.87NH, over offender. which Federal or State courts may have (c) For the purpose of the enforcelawful jurisdiction, the jurisdiction of ment of the regulations in this part, an the Court of Indian Offenses shall be Indian shall be deemed to be any person concurrent and not exclusive. It shall of Indian descent who is a member of be the duty of the said Court of Indian any recognized Indian tribe now under Offenses to order delivery to the proper Federal jurisdiction, and a "reservation" authorities of the State or Federal Gov- shall be taken to include all territory ernment or of any other tribe or reserva- within reservation boundaries, including tion, for prosecution, any offender, there fee patented lands, roads, waters, to be dealt with according to law or regu- bridges, and lands used for agency purlations authorized by law, where such poses. authorities consent to exercise jurisdic- (d) All Indians employed in the Intion lawfully vested in them over the dian Service shall be subject to the jurissaid offender.

diction of the court, but any such em(c) For the purpose of the enforce- ployee appointed by the Secretary of the ment of the regulations in this part, an

Interior shall have the right of appeal to Indian shall be deemed to be any person the Secretary from any sentence of the of Indian descent who is a member of court and no such sentence appealed any recognized Indian tribe now under shall become effective until it shall have Federal jurisdiction, and a "reserva- been approved by the Secretary. tion" shall be taken to include all terri

$ 11.3 Judges. tory within reservation boundaries, including fee patented lands, roads, waters,

(a) A Court of Indian Offenses estabbridges, and lands used for agency

lished for any reservation or group of purposes.

reservations shall consist of one or more (d) All Indians employed in the In

chief judges, whose duties shall be regular dian Service shall be subject to the juris

and permanent, and two or more assodiction of the Court of Indian Offenses

ciate judges, who may be called to service but any such employee appointed by the

when occasion requires, and who shall Secretary of the Interior shall not be

be compensated on a per diem basis. subject to any sentence of such court,

(b) Kach judge shall be appointed by unless such sentence shall have been ap

the Commissioner of Indian Affairs, subproved by the Secretary of the Interior.

ject to confirmation by a two-thirds vote

of the tribal council. COURTS OF INDIAN OFFENSES

(c) Each judge shall hold ofice for & f 11.2CA Jurisdiction.

period of 4 years, unless sooner removed (a) The Court of Indian Offenses re

for cause or by reason of the abolition of

the said office, but shall be eligible for ferred to in this part will be construed to mean the Coeur d'Alene Court of Indian

reappointment. Offenses. A Court of Indian Offenses

(d) A person shall be eligible to serve shall have jurisdiction over all offenses

as judge of a Court of Indian Offenses enumerated in $$ 11.38–11.76CA, when

only if he (1) is a member of a tribe uncommitted by any Indian, within the der the jurisdiction of the said court; reservation or reservations for which the

and (2) has never been convicted of a court is established.

felony, or, within 1 year then last past, (b) With respect to any of the offenses of a misdemeanor. enumerated in $$ 11.38–11.76CA, over (e) No judge shall be qualified to act which Federal or States courts may have as such in any case wherein he has any lawful jurisdiction, the jurisdiction of direct interest or wherein any relative the Court of Indian Offenses shall be by marriage or blood, in the first or secconcurrent and not exclusive. It shall ond degrees, is a party.

[ocr errors]

(f) On any reservation where no per- disability, by one of the associate judges manent Court of Indian Offenses has selected for the occasion by all of the been established under this section, a judges. provisional court may be established, (b) The time and place of court seswith powers equal to those of a perma- sions, and all other details of judicial nent court. Such court shall be estab- procedure not prescribed by the regulalished by detailing a judge from another tions in this part, shall be laid down in reservation, upon request of the tribal rules of court approved by the tribal council of the reservation desiring his council and by the superintendent of the services. Such detail shall be made by reservation. the superintendent of the reservation (c) It shall be the duty of the judges where the judge regularly presides: Pro- of each Court of Indian Offenses to make vided, That where the judge to be de- recommendations to the tribal council tailed is paid from tribal funds the con- for the enactment or amendment of such sent of the tribal council of such tribe rules of court in the interests of improved shall be obtained for the detail. No de

judicial procedure. tail shall extend beyond 1 year, but any detail may be renewed for additional

$ 11.5CA Court procedure. periods unless such renewal is dis- (a) Sessions of the Court of Indian approved by the tribal council which Offenses for the trial of cases shall be requested or approved the detail.

held by the chief judge, or in case of his 8 11.3CA Judges.

disability, by one of the associate judges

selected for the occasion by him. (a) The Court of Indian Offenses shall

(b) The time and place of court sesconsist of one chief judge, whose duties sions, and all other details of judicial proshall be regular and permanent, and two cedure not prescribed by the regulations associate judges, who may be called to in this part, shall be laid down in rules service when occasion requires, and who of court approved by the tribal council shall be compensated on a per diem basis.

and by the superintendent of the reser(b) Each judge shall be appointed by vation. the Commissioner of Indian Affairs, sub

(c) It shall be the duty of the judges ject to confirmation by a two-thirds vote

of each Court of Indian Offenses to make of the tribal council.

recommendations to the tribal council (c) Each judge shall hold office for a for the enactment or amendment of such period of 4 years, unless sooner removed

rules of court in the interests of imfor cause or by reason of the abolition of

proved judicial procedure. the said ofice, but shall be eligible for reappointment.

& 11.6 Appellate proceedings. (d) A person shall be eligible to serve All the judges of the reservation shall as judge of a Court of Indian Offenses sit together, at such times and at such only if he (1) is a member of a tribe places as they may find proper and necesunder the jurisdiction of the said court; sary for the dispatch of business, to hear and (2) has never been convicted of a appeals from judgments made by any felony, or, within 1 year then last past, judge at the trial sessions. There shall be of a misdemeanor.

established by rule of court the limita(e) No judge shall be qualified to act tions, if any, to be placed upon the right as such in any case wherein he has any of appeal both as to the types of cases direct interest or wherein any relative by which may be appealed and as to the marriage or blood, in the first or second manner in which appeals may be granted degrees, is a party.

according to the needs of their jurisf 11.4 Removal of judges.

diction. In the absence of such rule of

court any party aggrieved by a judgment Any judge of the Court of Indian Of- may appeal to the full court upon giving fenses may be suspended, dis

ed or

notice of such appeal at the time of removed, by the Commissioner of Indian judgment and upon giving proper assurAffairs, for cause, upon the recommenda

ance to the trial judge, through the tion of the tribal council.

posting of a bond or in any other manner,

that he will satisfy the judgment if it is $11.5 Court procedure.

affirmed. In any case where a party has (a) Sessions of the Court of Indian perfected his right to appeal as estabOffenses for the trial of cases shall be lished herein or by rule of court, the held by the chief judge, or, in case of his judgment of the trial judge shall not be

« ForrigeFortsett »