ST. CROIX TRIBAL COURT CODE
CHAPTER ITHE ST. CROIX TRIBAL COURT
101. Creation of the Court. There is hereby established the St. Croix Tribal Court.
102. Jurisdiction of the St. Croix Tribal Court. The Tribal Court shall have jurisdiction over:
- All matters arising under the Constitution and laws of the St. Croix Chippewa Indians of Wisconsin.
- All actions brought under the provisions of this Code.
- All other civil actions in which the locus of any element of any claim is on the reservation or other trust lands of the tribe, or which is based on any contract made on or providing for the delivery of goods or services on the reservation or other trust lands of the tribe.
- Notwithstanding any other provision of this Code, the tribal court shall have jurisdiction in claims, counterclaims, or cross-claims against the Tribe or its officers acting in their official capacity only as follows:
- Against the Tribe, an acting for a writ of habeas corpus to test the legality of a person's detention by the Tribe.
- Against and officer of the Tribe for actions taken within his or her official capacity, an action for prospective relief in which the officer has acted beyond the scope of his or her valid authority, in violation of applicable law.
- Against the Tribe, or against an officer of the Tribe for actions taken within his or her official capacity, where the Tribe has properly waived its sovereign immunity or that of its officers, by resolution, ordinace, agreements, or otherwise.
103. Composition of the St. Croix Tribal Court.
- Judges. The Tribal Court shall consist of one chief judge and one associate judge. The chief judge may designate as an acting judge any judge of any other tribal court when such judge is needed to serve on a particular case because the chief judge and associate judge have a conflict of interest or other reason that prevents their serving on the case. The judges of the Court of Appeals shall be selected as provided in Chapter II of this Code.
- Selection of judges.
- The judges of the Tribal Court shall be selected by a majority vote of the St. Croix Tribal Council at a meeting in which a quorum is present.
- No person shall be eligible for selection as a judge unless he or she:
- is at least eighteen (18) years of age;
- is of good moral character and integrity;
- has never been convicted of an offense termed a felony by the laws of the State of Wisconsin or of the United States;
- has not been convicted within the last twelve (12) months of an offense termed a misdemeanor under the laws of the St. Croix Band, the United States or the State of Wisconsin;
- is capable of preparing papers and conducting hearings incident to the office or judges;
- has demonstrated knowledge of the St. Croix Tribal Code and Ordinances and understanding of federal and state laws.
- No person may serve as judge while a member of the St. Croix Tribal Council. A sitting judge may run for election to the Tribal Council, in which case the judge shall be deemed to be on leave from the time of his or her formal nomination for election until the swearing in of the new Council following the election. During this time the judge may not preside at any hearings and shall not take any new matters under decision, but may issue decisions on matters submitted for decision before his or her nomination. The judicial term of any judge who is elected to the Tribal Council is terminated upon his or her swearing in as a member of the Tribal Council.
- Terms of office. Each judge shall hold office for a period of three (3) years, unless sooner removed for cause,or by reason of resignation, death or incapitation. A judge shall be eligible for reappointment.
104. Disqualification and removal of judges.
- The trial judge shall be disqualified to sit on any case in which he or she has any direct interest, is or has been or reasonably may be a witness, or is a spouse, parent, child, grandparent, grandchild, brother or sister of a party. In the event of all St. Croix trial judges are disqualified, the clerk of court shall randomly select from the list of appellate judges a judge to preside in the case.
- An appellate judge shall be disqualified to hear the appeal in any case in which he or she has sat as trial judge, has any direct interest, has been a witness, or is a spouse, parent, child, grandparent, grandchild, brother, or sister of a party. Upon disqualification, the clerk of the appellate court shall randomly select another judge from the court of appeals panel to serve on the case.
- Removal of judge.
- A judge may be suspended from office upon written charges brought for his or her removal which recite good cause. A hearing shall be provided before the St. Croix Tribal Council within ten (10) days of the judge's receipt of written notice of the charges, at which time the judge shall be provided with the opportunity to respond to the charges against him, including the presentation of the testimony of witnesses in his or her behalf. A judge may be removed only for good cause shown at the hearing, and only upon a vote taken by secret ballot of a quorum of the Tribal Council.
- Upon the removal, resignation, death or physical or mental incapacitation of a judge, the St. Croix Tribal Council shall appoint an individual to the remainder of such judge's term of office.
105. Clerk of Court.
- Appointment of clerks. The St. Croix Tribal Council shall appoint such clerks of court as many be required, upon such terms and conditions as are determined by the Council.
- Duties. The clerk shall render assistance to the Court, to tribal enforcement personnel, and to all other persons having business with the Court in drafting complaints, subpoenas, warrants, notices of appeal, and other Court documents. The clerk shall attend and keep written records of all proceedings of the Court, and is authorized to administer oaths to witnesses and to collect fees, fines, forfeitures, costs and other monies. The clerk shall be bonded in an amount fixed by the Tribal Council, and shall transmit any and all monies received to the Tribal Treasurer.
106. Tribal Prosecutor. A Tribal Prosecutor shall be appointed by the St. Croix; Tribal Council, for such term, and upon such conditions, as are determined by the Council. The Prosecutor shale represent the St. Croix: Chippewa Indians of Wisconsin before the Court in all appropriate proceedings.
107. Rules of Court. The time and place of court sessions, and all rules of court procedure not prescribed by this Code, shall be established by rules of court adopted by the judges of the Tribal Court, subject to the approval of the Tribal Council.
COURT OF APPEALS (Printed separately)
RULES FOR ALL ACTIONS BEFORE THE TRIBAL COURT
Part One General Provisions
- Subpoenas. The trial judge of the Tribal Court shall have the power to issue subpoenas for the attendance of witnesses either on his own motion or on the request of any of the parties to the case. Such subpoena may include direction to produce records and documents in the possession or under the control of the person named in the subpoena. The subpoena shall bear the signature of the judge issuing it.
- Service of subpoena. Service of such subpoena shall be by a member of the Tribe appointed by the Court for that purpose, or by a member of the Tribe's law enforcement staff, or by any other law enforcement officer.
- Penalty for failure to comply with subpoena. Failure to obey such subpoena shall be considered wistful contempt and shall subject the perpetrator to the Court's remedial powers which are specified in this Chapter.
- Witness fees.
- Each witness answering a subpoena shall be entitled to compensation for his or her reasonable expenses actually incurred for meals, loss of wages, child care, and transportation, at a maximum amount of $50.00 for each day that the witness is required to be present in court. The fee shall be the responsibility of the partly requesting the subpoena, unless such fee is held by the trial judge to constitute court costs.
- Witnesses who testify voluntarily shall be paid by the party calling them.
302. Records of Court. The trial court and the Court of Appeals shall keep, for public inspection, unless specifically excepted by this Code, a record of all proceedings in the Tribal Court, showing: the title or the case; the names and addresses of the parties, attorneys, and witnesses; the substance of the complaint; the day of the hearing or trial; the name(s) of the judge; the findings of the Court and the judgment; and any other facts or circumstances deemed of importance to the case.
303. Practice before the Court.
- Admission to practice. No attorney or lay spokesman shall represent any person in an action before the Tribal Court unless such attorney or spokesman is duly admitted to practice before the St. Croix Tribal Court.
- Procedure for admission.
- Any attorney wishing to practice before the Tribal Court shall file a written request for admission with the Clerk of Court, accompanied by a Certificate of Good Standing from the State Bar or Supreme Court,of the State in which such attorney is duly licensed to practice law. Such request shall be accompanied by an admission fee of $25.00.
- Any lay spokesman wishing to practice before the Tribal Court shall by an affidavit reciting the qualification of such spokesman to represent another before the Court. Such request shall be accompanied by an admission fee of $10.00. The Court may grant admission to practice in limited area or areas.
- Roster of attorneys. Upon the filing of the required documents and fee, the Clerk of Court shall enter the attorney or lay spokesman's name on the roster of those persons admitted to practice before the St. Croix Tribal Court. Such entry shall constitute certification to practice before the Court until such time as the attorney or lay spokesman shall file a notice of retirement, shall die or become incapacitated, or shall be suspended or disbarred from practice by the St. Croix Tribal Court.
- The chief judge, in consultation with the associate judge, is authorized to promulgate such rules and procedures as are necessary to regulate the practice, suspension, and disbarment of attorneys and lay spokesmen who are admitted to practice before the Court.
304. Fees and costs; waiver or suspension for indigents.
- Suspension of fees for persons receiving public assistance. Any natural person submitting to the Clerk of Court an affidavit that he or she is then receiving any form of public assistance, the payment of all fees and costs as to that person in the action, required to be paid by this Code or by court rule, shall thereupon be suspended.
- Waiver or suspension of fees for indecent persons. In instances where the person is not receiving public assistance,the Court shall order waiver of the payment of all fees and costs to a person in the action, or shall order the suspension of the payment of those fees or costs until the conclusion of the litigation, upon that person submitting to the Court an ex parte affidavit stating facts showing that person's inability to pay those fees and costs because of indecency.
305. Conduct of tribal employees and officers. No employee or officer of the St. Croix Chippewa Indians or Wisconsin shall obstruct, interfere with or control or attempt to interfere with or control the Court in any manner, directly or indirectly, or to influence or attempt to influence any judge of the Court of any member of the Court or person appointed by the Court, either directly or indirectly.
306. Law applicable to civil actions.
- Laws applied. In all civil actions, the Tribal Court shail apply the applicable laws of the United States, any authorized regulations of the Department Of the Interior which may be applicable, any ordinance of the St. Croix Chippewa Indians of Wisconsin, and any custom of the Chippewa Tribe not prohibited by the laws of the United States.
- Tribal customs. Where doubt arises as to the customs and usages of the Chippewa Tribe, the Tribal Court shall request the advice of persons familiar with these customs and usages.
- Assessment. The Court may assess the accruing Costs of the case against the party or parties against whom judgment is given. Such costs shall consist of the expenses for voluntary witnesses for which either party is responsible under Section 301(D), and any further incidental expenses connected with the procedure be ore the Court, as the Court may direct.
- Enforcement. Costs, where allowed, shall be included as part of the final judgment and enforced in the same manner.
- Service fees. Any agency or person serving process or other papers may charge to the party requesting service a service fee of $12 for any person at a given address, plus $6 for any other person at the same address, plus mileage at the current federal rate. No service fee may be charged by tribal law enforcement for service made at the request of the Tribe. Fees may only be collected if proof of service or attempted service is returned to the party requesting service, showing the time, place and manner of service or attempted service, the person served, and the person and agency, if any, performing the service.
Part Two Proceedings before the Trial Court
308. Statement of claim.
- Contents. The statement of claim, by which a proceeding is instituted in the trial court, shall be in the form of an affidavit. The statement of claim shall be captioned substantially as follows: The names and addresses of the parties shall be given, and the nature and amount of the claim shall be stated in concise, non-technical language, and shall give the date or dates and place or places when and where the claim arose.
- Signature. The affidavit shall be signed by the plaintiff or his guardian, if the plaintiff is an individual; by any one of the partners, if the plaintiff is a partnership; by any full-time employee having knowledge of the facts, is the plaintiff is a corporation; and by a tribal official having knowledge of the facts, or by tribal enforcement personnel, if the plaintiff is the tribe.
- Statute of Limitations. The Statute of Limitations for all claims to be presented to the tribal count shall be two years from the date of discovery of the claim or injury.
309. Notice to defendant; answer.
- How served. Upon the filing of the statement of claim, the plaintiff shall cause a copy thereof to be served upon each defendant, together with a notice prepared by the clerk of court to each defendant to appear and answer before the Court. Service is adequate if accomplished in accordance with the laws of the state in which service is effected. If proof of service on any defendant is not filed with the clerk of court within 75 days of issuance of notice, the claim against that defendant shall be automatically dismissed without prejudice.
- Contents. The notice issued bv the Clerk of Court shall inform the defendant that suit has been instituted against him in the St. Croix Tribal proper time period as specified herein, or have a default judgment entered against him.
- Answer. A defendant shall file his answer within 20 days after service or the notice and copy of the statement of claim upon him on the reservation. when service is made on a defendant residing outside the reservation boundaries, the defendant shall have 30 days within which to file his answer. The defendant must furnish the plaintiff with a copy of his answer.
- Notice not served. If it shall appear to the trial court that the defendant did not personally obtain notice of the claim against him, the court shall dismiss the action.
- Trial date. Upon the filing of defendant's answer, or upon the expiration or the time period within which defendant must answer, the trial court shall set a date for trial.
310. Settlement form. The parties prior to the hearing may make a settlement upon such terms as they may agree. The settlement shall be in writing and signed by both parties. Upon filing with the Clerk of Court, the settlement shall be considered the judgment of the Tribal Court.
311. Conduct of trial.
- Appearance. If the parties appear, the judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. Generally accepted rules of practice, procedure, pleading and evidence will be followed to the extent that substantial justice requires. A verbatim transcript of such proceedings need not be made, unless it is requested by one of the parties. The requesting partly shall be responsible for the costs of preparing the verbatim transcript
- Non-appearance. If a defendant fails to appear, judgment may be entered by default where the claim is for a certain sum, or upon such proof by the plaintiff as the court may require. If the plaintiff fails to appear, the claim may be dismissed for want of prosecution, or the defendant may present his defense and obtain a judgment, or the case may be continued, as the court may direct. If all parties fail to appear, the claim may be dismissed for want of prosecution, or the court may order such other disposition as justice may require.
- Costs. Costs of the proceeding may be taxed against either or both parties by the trial court judge.
312. Judgments; procedure.
- Conclusiveness. All judgments of the Tribal Court shall be conclusive upon the plaintiff and defendant.
- Entry. Judgment shall be entered in the judgment record at the time of the judge's pronouncement of his decision.
- Effect. Entry of a judgment on the judgment record entitles the prevailing party to enforcement by the Tribal Court on its terms. A judgment for a sum certain may be enforced by writ of execution against property of the losing party which is located within the exterior boundaries of the St. Croix reservation.
- Installment payments. Upon the request of the party against whom judgment is entered, which can be made orally at the time of the hearing or by petition, and after such inquiry as the judge deems proper, the judge may order for the payment of such judgment by installments, in such amounts and such times as the judge deems just and reasonable. Such order shall also provide for a stay of further proceedings to collect the judgment during said party's compliance with the order.
313. Court enforcement or judgment.
- Failure to pay judgment. If the losing party fails to pay the judgment according to the terms and conditions thereof, and the time for appeal has expires, the Clerk of Court, upon application of the prevailing party, shall certify such judgment to the Tribal Court.
- Power of the Court. Upon receipt of the certifies judgment, the Tribal Court may issue a writ or execution, which shall command tribal enforcement personnel to collect the amount or the judgment from the losing party. The Tribal Court may instead issue a subpoena to the losing partly ordering him to appear before the Court at a time and place specified and to testify under oath concerning his property, or and debts due or to become due to him, his place of employment, name of employer and the amount of wages received, and other pertinent matters that would enable the prevailing party to collect the judgment.
- Writ of execution. Upon receipt of the writ of execution, the tribal law enforcement personnel shall serve the writ upon the losing party and post notice of the writ in the tribal office. Within 30 days, the tribal law enforcement personnel shall cause a sale of the losing parties personal property, located within the exterior boundaries of the St. Croix reservation, which shall have been in the custody of the enforcement personnel until such sale. The proceeds of the sale shall be returned to the Tribal Court within the 30 days above prescribed. The provisions in Section 429, concerning disposition of such property, shall be followed by the Tribal Court.
- Stay of writ. The losing party may prevent the issuance of a writ of execution, or of judicial, sale, by presenting to the Tribal Court sufficient proof that said party has made, or is willing to commence, payment of the judgment to the prevailing party. Upon such proof, the Tribal Court shall not issue a writ of execution, and, if one has been issued, shall rescind the order.
- Property exempt from execution. The following property shall be exempt from levy ant sale under any execution:
- A11 household goods, furniture, utensils, books and appliances, not exceeding $1,000 in value;
- A11 wearing apparel of every person in the judgment debtor's household, and provisions and furl for comfortable subsistence of each householder and his family for six (6) months;
- Use tools, implements, materials, stock, apparatus, or other things needed be the judgment debtor to carry on his procession, trade, occupation, or business in which he is principally engaged, not exceeding $1,000 in value;
- A dwelling home and appliances thereto, owned in fee and occupied by the judgment debtor, not exceeding $6,000 in value. This exemption does not apply to any mortgage on the homestead which is recorded at the agency office of the Bureau of Indian Affairs;
- The dwelling home of a family, after the death or the owner thereof, from the payment of his or her debts during the minority of his or her children.
- All other exempt property contained in Sec.8 15.18, Wis. Stat., provided that the Tribal court code shall govern where the language is inconsistent with the tribal court code.
314. Fees. A fee of $20.00 shall be charged and collected for the filing of the affidavit for the commencement of any action, unless a different sum is specified by a particular ordinance of the St. Croix Tribal Council or by another Chapter of this Code; a fee of $2.00 shall be charged for each defendant to whom a copy of the affidavit is mailed or served by the Clerk. A fee of $10.00 shall be charged and collected for the issuance of a writ of execution.
Part Three Summary Proceedings to Recover Possession of Premises
315. Jurisdiction of the Tribal Court.
- The person or organizational entity entitled to any premises located within the exterior boundaries of the St. Croix reservation may recover possession thereof by summary proceedings in the following cases:
- When a person holds over any premises, after failing or refusing to pay rent due under the lease or agreement by which he holds, within seven days of a written demand for possession for non-payment of rent due;
- When the person in possession willfully or negligently causes a serious or continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises which was discovered by the party seeking possession not earlier than 90 days before institution of proceedings under this section, or refuses for seven (7) days after a written demand to undertake the repair of the premises;
- When the person in possession has acted or failed to act in a manner which causes his right to continued possession to be forfeited under the terms of a written lease or agreement with the party seeking possession;
- When the person in possession occupies public housing whose tenancy or agreement has been terminated for just cause as provided by the lawful rules of the local housing commission or by federal law or regulation.
- Summary proceedings under this section are the exclusive remedy of one seeking possession of any leased or rented premises. Any person who makes entry into or on such premises to evict a tenant without the above proceedings may subject himself to criminal penalties.
316. Demand for possession or payment. A demand for possession or payment shall be in writing, addressed to the person in possession and shall give the address or other brief description of the premises. The reasons for the demand and the time to take remedial action shall be clearly stated. When non-payment of rent or other sums due under the lease is claimed, the amount due at the time of the demand shall be stated. The demand shall be dated and signed by the person or corporation entitled to possession.
317. Complaint. The complaint shall be in the form of an affidavit, the form for which will be provided by the Clerk of Court. It shall include, where applicable, the amount of unpaid rent or other money due and remaining unpaid as of the date of the affidavit, and the date the same-become due, the rental rate and the rental period, and specific reference to local housing commission rules, or to federal law, which establish the basis for just cause for terminating a tenancy in housing operated by the Tribe. In addition, the affidavit shall have attached thereto a copy of the demand for possession or payment. The affidavit shall be signed by the plaintiff or his guardian, if the plaintiff is an individual, or by any full-time employee having knowledge of the facts, if the plaintiff is a corporation.
- How served. Upon filing of the affidavit, the Clerk shall issue a notice to appear and answer before the Tribal Court. The plaintiff shall cause a copy of the affidavit and notice to be served upon each defendant. Service may be by:
- Any of the means provided for under sec. 309(A) of this Code; or
- By certified mail, return receipt requested; or
- If the premises in question is a residence rented or leased as a primary residence, by first class mail plus deposit of a second copy of the notice under the front door of the residence, if possible, or if not possible, by the firm affixing of the notice to the front door. Any notice delivered under this subsection without the affidavit shall instruct the defendant that he or she may obtain a copy of the affidavit from the plaintiff of the clerk of court, giving addresses and phone numbers for each.
- The notice shall inform the defendant when and where to appear, that he is to bring with him all books, papers, and witnesses needed to establish his defense; and that failure to appear will result in judgment against him for the relief asked for in the affidavit.
- The plaintiff also shall be notified by the Clerk of Tribal Court to appear at the time and place specified, and to have with him his books, papers, and witnesses necessary to prove his claim, and that if he fails to appear, the complaint will be dismissed.
- Time of notice. The date for the appearance of the defendant, provided in the notice, shall be no less than five (5) days after the date of the notice.
319. Defenses. A judgment for possession of the premises for an alleged termination of the tenancy shall not be entered against the defendant if any of the following is established:
- That the rent allegedly due and payable has been paid to the plaintiff by the defendant prior to or at the hearing;
- That the alleged termination was intended primarily as a penalty for the defendant's attempt to secure or enforce rights under the lease or agreement; or
- That the alleged termination was of a tenancy in housing operated by the Tribe, and was terminated without cause.
320. Conduct of trial.
- Appearance. If the parties appear, the judge shall conduct the trial in an informal manner so as to do substantial justice between the parties. A verbatim record, either by court reporter or tape recorder, shall be made of all proceedings.
- Non-appearance. If the defendant fails to appear, judgment for the plaintiff shall be entered by default. If the plaintiff fails to appear, the complaint shall be dismissed.
321. Counter-claims; claims for money judgment. If either party has a claim for a money judgment, the trial judge may grant such party leave to file such claim and to hear evidence concerning it at the hearing, if the interests of justice are served thereby. The rules of Part Two of This Chapter apply to any such claim so filed.
322. Judgment for plaintiff. If the judge finds that the plaintiffis entitled to possession of the premises, judgment shall be entered in the judgment record in accordance with that finding,and may be enforced by a writ of restitution as provided herein. If it is found that the plaintiff is entitled to possession of the premises, due to non-payment of any money due him under the tenancy, the judge shall determine the amount due or in arrears at the time of hearing and shall cause it to be stated in the judgment. The statement in the judgment for possession shall only be for the purpose of prescribing the amount which, together with costs, shall be paid to preclude issuance of a writ of restitution.
323. Writ of restitution. A writ of restitution may be issued,commanding tribal law enforcement personnel to cause the plaintiff to be restored and put in full possession of the premises if the following conditions are met to the judge's satisfaction:
- The tenant, willfully or negligently, is causing a serious and continuing health hazard to exist on the premises or is causing extensive and continued injury to the premises and is neglecting or refusing either to deliver up possession after demand or to substantially repair the premises; or
- The defendant has failed to comply with the judgment, or to undertake compliance, within ten (10) days after entry of a judgment under Section 322.
324. Judgment for defendant. If the plaintiff fails to prosecute his complaint, or of upon hearing the plaintiff is found not entitled to possession of the premises, judgment shall be rendered to defendant for his costs.
- Filing fee. When the complaint is for recovery of possession only, the fee for filing an affidavit shall be $15.00. When a claim for money judgment is joined, the plaintiff shall pay a supplemental filing fee of $10.00.
- Fee for writ of restitution. A fee of $5.00 shall be charged for each writ of restitution or execution issued.
Part Four: General Provision
326. Full faith and credit.
- Definition. In this section "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which entitled to full faith and credit in the tribal court.
- Filing and status of foreign judgments. A certified copy of any foreign judgment may be filed with the clerk of court. The clerk of court shall treat the foreign judgment in the same manner as the judgment of the tribal court. A judgment so filed has the same effect and is subject to the same procedures and status as a judgment of tribal court, and may be enforced or satisfied in like manner.
- Notice of filing.
- At the time of filing of the foreign judgment, the judgment creditor or lawyer shall make and file with the clerk of court an affidavit setting forth the name and last-known post office address of the judgment debtor, the judgment debtor's lawyer, if any, the judgment creditor, and the judgment creditor's lawyer, if any.
- Promptly upon filing of the foreign judgment and affidavit, the clerk shall mail notice of the filing to the judgment debtor and the judgment debtor's lawyer as named in the affidavit, and shall record proof of such mailing in the file. The notice shall include the name and address of the judgment creditor and the judgment creditor's lawyer, if any. The judgment creditor may also mail such notice and file proof of such mailing with the clerk of court. Failure of either the clerk or the judgment creditor to mail notice as provided in this section shall not effect the enforceability of the foreign judgment if proof of mailing by the other is filed.
- No execution or other process for enforcement of a foreign judgment shall issue until 15 days after the foreign judgment is filed.
- If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment as required, upon furnishing security in an amount and kind satisfactory to the tribal court.
- If the judgment debtor shows the court any ground upon which the enforcement of the judgment should be stayed, the court shall stay the enforcement of the judgment for the appropriate period, upon requiring security in an amount and kind satisfactory to the tribal court.
327. Contempt of court. Contempt of court means any of the following:
- Misconduct in the presence of the court which interferes with a court proceeding or with the administration of justice, or which impairs respect for the court.
- Disobedience, resistance, or obstruction of the authority, process, order or judgment of the court.
- Refusal as a witness to appear, be sworn, or answer a question.
- Refusal to produce a record, document, or other object.
328. Power of court to punish contempt of court. The tribal court may impose a sanction for contempt of court.
329. Summary procedure. The judge presiding in an action or proceeding may impose sanction upon a person who commits a contempt of court in the actual presence of the court. The judge shall impose the sanction immediately after the contempt of court and only for the purpose of preserving order in the court and preserving the authority and dignity of the court.
330. Non-summary procedure. A person aggrieved by a contempt of court may seek imposition of a sanction for the contempt by filing a motion for that purpose in the proceeding to which the contempt is related. The court, after notice and hearing, may impose a sanction.
331. Sanctions authorized. The court may impose one or more of the following sanctions:
- Payment of a sum of money sufficient to compensate for a loss or injury suffered by the party as a result of the contempt of court.
- A forfeiture not to exceed $5,000 for each instance of contempt, not to exceed $5,000 for all instances occurring in one calendar day or for each calendar day the contempt of court continues.
- An order designed to insure compliance with a prior order of the court.
- Expulsion from the court.
- An award of costs and attorney fees occasioned by the contempt of court.
- A sanction other than the sanctions specified in subsections A through E if the court specifically finds the those sanctions would be ineffectual to terminate a continuing contempt of court.
332. Enforcement of monetary sanctions. Any section imposed under section 331 (A), (B), or (E) may be enforced by the court or aggrieved party by any procedure provided in section 313.
Part Five: Rules of Evidence (Printed Separately)
CIVIL REMEDIAL FORFEITURE PROCEEDINGS
401. Purpose. The purpose of this chapter is to provide for civil remedial forfeitures of money penalties and property for violation of tribal regulatory ordinances. The remedial measures of this chapter are civil in nature and are designed and intended to encourage compliance with tribal regulatory ordinances and to compensate the Tribe for damage to the peace, security, welfare, or resources of the St. Croix reservation. Said measures are not designed or intended to punish persons for breach of tribal regulatory ordinances.
402. Party plaintiff. Any proceeding instituted in Tribal Court under this chapter shall be brought in the name of the St. Croix Chippewa Indians of Wisconsin, as plaintiff.
403. Persons subject to this chaster. Any person who is concerned in the commission on a violation punishable under this Article is a principal and may be adjudged to have committed the violation although such person did not directly commit it and although the person who did directly do so has not been subjected to the remedial provisions of this Article. A person is it concerned in the commission of a violation if such person:
- directly commits the violation;
- aids and abets the commission of the violation; or
- is party to a conspiracy with one or move others to commit the violation or advises, hires, counsels, or otherwise procures another to commit the violation.
404. Additional remedies. The civil remedial forfeiture remedies governed by this chapter are not mutually exclusive remedies of the tribe for violation of its ordinances. Nothing in this chapter shall restrict or curtail the right of the tribe to prosecute or seek the criminal prosecution of any defendant or owner or to institute a civil action for damages in any court against a defendant or owner. In addition to the civil remedies provided in this chapter, the Tribal Court may order a defendant or owner to perform or refrain from performing such acts as may be necessary fully to protect the tribe, its members, its property or its natural resources. The Tribal Court may order abatement of a nuisance, restoration or a natural resources or other appropriate action designed to eliminate or minimize damage caused by a defendant or owner.
Part One: Civil Remedial Money Penalties
405. Tribal Ordinances affected. Whenever any ordinance of the St. Croix Chippewa Indians Of Wisconsin shall provide for a civil remedial money penalty for the breach of such ordinance by any person, the Tribe shall proceed against such person according to tile procedures set forth in this part.
406. Institution of proceedings; citation. Proceedings for the recovery of a civil remedial money penalty shall be instituted by the issuance of a citation by an enforcing officer. Whenever said officer has reason to believe the a person subject to tribal authority has committed a breach of a tribal ordinance which provides for a civil remedial money penalty, such officer shall issue a citation to such person, and file a Copy with the Tribal Court.
407. Notice to alleged violator; jurisdiction. The issuance of a citation by an enforcing officer in connection with a breach of a tribal ordinance is sufficient notice to the alleged violator that he is charged with a breach, and is adequate process to give the Tribal Court jurisdiction over the person allegedly violating the ordinance upon the filing of such citation with the Court.
408. Citation contents.
- The citation shall contain a complaint, a case history, and a report of court action on the case. It must appear on the face of the citation that there is a reasonable basis to believe that a breach of an ordinance has been committed and that the person charged (defendant) has committed the offense. The citation form shall contain the following:
- The name of the person to whom the citation was issued, together with the person's age and address, if available;
- The tribal permit or license number of the defendant, if applicable;
- The name and tribal department or the issuing officer;
- The offense alleged, tile time and place of occurrence, a statement that the defendant committed the offense, the ordinance provision charged, and a description of the offense in language which can be easily understood;
- The maximum civil remedial money penalty for which the defendant might be found liable;
- A date, time, and place for the Tribal Court appearance, and a notice to appear;
- Provision for a deposit and stipulation of default in lieu of court appearance;
- Notice that if the Defendant fails to appear at the Lime fixed in the Citation, that he will be defaulted and judgment entered against him in an amount up to the maximum penalty;
- Notice that if the defendant makes a deposit and stipulation of default, judgment will be entered against him in the amount of the Deposit; and
- Any other pertinent information.
- For violations under the Tribe's Off-Reservation Conservation Code, a citation may be in the form approved by the Great Lakes Indian Fish and Wildlife Commission Enforcement Division.
409. Stimulation of default; deposit.
- When made. A defendant to whom a citation is issued, or to whom a Notice to Appear is issued under Chapter I of this Code, may make a Deposit and stipulation of default in lieu of a court appearance at any time prior to the date set for his appearance before the Tribal Court.
- Amount of deposit. The amount of the Deposit shall be determined by an enforcing officer at the time of issuance of the citation, but shall not exceed the maximum penalty established in the Ordinance charged.
- Effect of stipulation of default. By signing the stipulation or default, the defendant consents to the entry of Judgment against him for a penalty not to exceed the amount of the Deposit.
- Acceptance or the deposit and stipulation. The Clerk of Tribal Court or the enforcing office issuing the citation shall accept the deposit and stipulation of default and shall prepare a receipt showing the purpose for which she deposit was made, which shall be transmitted to the defendant. In the event that acceptance of the deposit and stipulation is made by an enforcing Officer, said officer shall file the stipulation of default and a copy of the receipt with the Clerk of Tribal Court.
410. Burden of-Proof. In all actions under this part, the Tribe shall have the burden of showing by a preponderance of the evidence that the defendant breached the Ordinance charged in the citation or, where applicable, the complaint. The Tribe shall not, however, be required to show that the defendant intended to breach the Ordinance charges.
411. Default. Upon the failure of the defendant to appear on the date indicated on the citation or the Notice to Appear, whichever is issued, an entry of default shall be made by the Clerk of Tribal Court and the Tribal Court may proceed with the hearing and enter judgment pursuant to this part.
412. Judgment. If, after the presentation of all the evidence, the defendant is found by the trial judge to have breached the Ordinance charged by a preponderance of the evidence, the Tribal Court shall enter judgment against the defendant and in favor of the Tribe for a monetary amount not in excess of the maximum civil remedial monetary penalty provided for said breach or, in cases in which a deposit and stipulation of default has been made by the defendant, for an amount not in excess of the amount of deposit. If the judgment is for an amount less than the amount of deposit, the balance shall be returned forthwith to the defendant.
413. Enforcement of judgment. All civil remedies are available to enforce the judgment or the Tribal Court, including the power of civil contempt. A judgment shall be a lien upon any available properly of the defendant which is located within the St. Croix reservation or within the jurisdiction of the Tribal Court. When necessary, the Tribe may bring suit in any count on the judgment against the defendant or his property located beyond the jurisdiction of the Tribal Court.
414. Monies tendered to the Tribal Court. Deposits and money paid on judgments rendered pursuant to this paragraph shall be tendered to the Clerk of Tribal Court. Upon a receipt of monies, the Clerk shall immediately tender such sums to the Treasurer of the St. Croix Tribal Council and such sums shall be deposited in the Tribal Court bank account.
Part Two Civil Remedial Forfeiture or Property
415. Tribal ordinances affected. Whenever any ordinance of the St. Croix Chippewa Indians of Wisconsin shall provide for the civil remedial forfeiture of any property for the breach of such ordinance by any person, the Tribe shall proceed against the property according to the procedures set forth in this part. The provisions of other chapters of this Code shall apply to proceedings to the extent not inconsistent herewith.
416. Institution of Proceedings; complaint.Proceedings for the civil remedial forfeiture of property shall be instituted by the filing of a complaint in rem against the property in Tribal Court by an enforcing officer. A complaint shall be, filed whenever such officer has a reasonable basis to believe that a tribal ordinance has been breached and that the property is forfeitable under tribal ordinance.
417.Contents of complaint. It must appear on the face of the complaint that there is a reasonable basis to believe that a tribal ordinance has been breached and that the property is forfeitable under said tribal ordinance. The complaint shall contain the following:
- A description of the property against which proceedings are instituted;
- The ordinance provision allegedly breaches;
- A description of the offense in language which can be easily understood;
- The name, address, and other pertinent information about the owner of the property, if known, or a statement that the owner of the property is unknown;
- A request for an order from the Tribal Court to seize the property; and
- The name and signature of the complaining enforcing officer.
418 Service of complaint.
- Owner of property known. If the opener of the property is identified in the complaint, the complaint and notice to appear at a hearing on an order to seize shall be served on the owner as provided in Section 309 of this Code.
- Owner of property unknown. If the owner of the property is not identified in the complaint or his present whereabouts are unknown and so recited in the complaint,service shall be made by posting the complaint and notice to appear in the central tribal office and by publication once in a newspaper of general circulation in Polk, Burnett and Barron counties. An affidavit of publication and posting shall be filed with the Tribal Court.
419. Seizure of property without order.
- Conditions necessary. Property may be seized by an enforcing office or prior to the filing of a complaint and issuance of an order to seize if one or more of the following circumstances exist:
- A tribal ordinance authorizes the immediate seizure of the property;
- The property seized presents a danger to persons, property, or a natural resource or the St. Croix reservation; or
- The enforcing officer has a reasonable basis to believe that without immediate seizure, the property will be removed from the jurisdiction of the Tribal Court.
- Receipt. A receipt describing she property seized shall be issued to the person in possession of the property at the time of seizure, if such person is present.
420. Seizure of property with order.
- Property subject to seizure. All property alleged to be subject to civil remedial forfeiture may be seized pursuant to an order to seize issued by the Tribal Court.
- Custody of property. Any and all property seized, either under subsection A above, or under Section 419, shall be held by the Tribal Court pending disposition of the complaint or until a bond has been posted with the Tribal Court.
421. Bond for property seized.
- Amount of bond. The Tribal Count may release the property to the owner upon the posting or a bond with the Court in the amount and under the conditions which the trial judge determines it necessary to protect the interests or the St. Croix Chippewa Indians of Wisconsin. In no event shall the amount of the bond be Set at an amount in excess of the fair market value of the property seized.
- Posting of bond. Upon the posting of a proper bond, the property shall be returned to the owner. The bond shall be available to be levied against if the owner does not return the property to the custody of the Tribal Court in proper condition or if the Tribal Court determines after trial that the property is forfeited.
422. Hearing; time.
- Seizure of property without order. When property has been seized prior so the issuance On an order to seize, a hearing on the order to seize shall be held within five (5) working days after said seizure. If the hearing is not held within that time, the property seized shall be immediately returned to its owner, if known.
- Hearing on request for order. The hearing on the order to seize, requested in the complaint filed with the Tribal Court, shall be heard within 30 days or the filing of the complaint. The date scheduled nor hearing shall be included in the Notice to Appear issued to the owner under the provisions of Section 309 of this Code.
423. Hearing procedure.
- Burden of proof. At the hearing on the order to seize, the Tribe shall have the burden of showing that there is a reasonable basis to believe that:
- The property is subject to civil remedial forfeiture; and
- The property is within the jurisdiction of the Tribal Court.
- Evidence; how presented. The parties may present evidence through the testimony of witnesses. Affidavits will be accepted in lieu or testimony if, in the trial budgets discretion, it is determined that the interests of justice would be best served thereby.
424. Order to seize.
- Issuance. If, after the hearing the trial judge finds that there is a reasonable basis to believe that the property is subject to civil remedial property is within the jurisdiction of the Tribal Court, he shall issue an order to seize, directing an enforcing officer to seize the property and hold it pending disposition or the complaint.
- Denial of request to issue order. If, after hearing, the trial judge finds that there is not a reasonable basis to believe that the property is subject to civil remedial forfeiture under the tribal ordinance alleged, or that the property is within the jurisdiction of the Tribal Court, he shall dismiss the complaint and, if property was seized prior to the hearing, order the property immediately released.
425. Contents of an order to seize. An order to seize shall contain the following:
- Description of the property subject to the order;
- Date of filing of a proper complaint for forfeiture, and the name and department of the complaining officer;
- A finding that the property is within the jurisdiction of the Tribal Court;
- A finding that there is a reasonable basis to believe that the property is subject to a civil remedial forfeiture, a brief factual narration of the grounds for the finding, and citation to the ordinance allegedly breached;
- Notice of the date, time, and place of trial; and
- Notice that the property- may be released by the posting of a proper bond.
426. Service Order To seize. The order to seize shall be served as provided in Section 418 of this Code.
427. Existence of security interests in seized property. The enforcing officer shall make a reasonable effort prior to the hearing on the order to seize to ascertain whether a perfected security interest exists in the property, and if one does exist, shall give notice to the secured party of any hearing in the case, and shall also give the secured party a minimum of 15 days notice of the time and place of any sale conducted pursuant to Section 429 of this Code.
- Burden of proof. At trial, the Tribe shall have the burden of showing by a preponderance of the evidence that the property is forfeitable under the ordinance charged.
- Failure to meet burden. If the Tribe fails to meet this burden, the Tribal Court shall dissolve the order to seize, enter judgment awarding title to the property to the owner, and order the immediate release of the property or discharge on the bond, whichever is appropriate.
- Effect of meeting burden. If the Tribe shows that the property is forfeitable, the Tribal Court shall dissolve the order to seize, enter judgment awarding title to the property to the St. Croix Chippewa Indians of Wisconsin, and place the property in the hands of the Tribe for disposition or, if bond was posted, order the bond forfeited to the Tribe.
429. Sale of forfeiter property.
- Time. Within 30 days after entry of a judgment forfeiting property to the Tribe, but in no event less than 15 days after entry, the Tribe shall sell the property at the highest obtainable price.
- Disposition of proceeds. The net proceeds of such sale, after deducting sale expenses, shall be remitted to the Treasurer of the St. Croix Chippewa Indians on Wisconsin, who shall place such sums in the Tribe's general account.
- Existence of security interest. If there exists a perfected security interest in the forfeited property, and the breach which occasioned the forfeiture was not committed with the knowledge, consent, or connivance of the secures party, there shall also be deducted from the proceeds of sale the amount due under the security agreement, and such amount shall be paid to the secured party. In the event a sufficient amount does not refrain for such purpose after deducting other sale expenses any amount remaining shall be paid over.
430. Sale of perishable property Any perishable property seized pursuant to this Part may be sold by an enforcing officer at the highest available price, and the proceeds of the sale shall be tendered to the Tribal Court to await such Disposition of the proceeds as the Tribal Court shall direct.
CONSERVATION CODE OF OFFENSES
501. Jurisdiction. The Tribal Court shall have jurisdiction concerning acts or omissions prohibited by the Conservation Code and its implementing regulations.
502. Law applicable. In proceeding under the Chapter, the Tribal Court shall apply the provisions of the Conservation Code of the St. Croix Chippewa Indians of Wisconsin and its implementing regulations, promulgated by the regulatory body designated by the Tribal Council.
503. Institution of proceedings.
- Conservation Complaint. Any person who personally observes an act or omission prohibited by the Conservation Code or its implementing regulations shall file a signed Conservation Complaint with the Clerk of Tribal Court which shall set forth plainly the facts which allegedly give rise to a violation of the Conservation Code and its implementing regulations.
- Citation. Authorized enforcement personnel, as defined in the Conservation Code and Off-Reservation Conservation Code, may issue a citation pursuant to Part I of Chapter IV of this Code to a person subject to tribal authority who is found to be violating the Conservation Code or its implementing regulations or the Off-Reservation Conservation Code. The citation shall be personally served by the issuing officer upon the defendant at the time of the officer's discovery of the violation, or may be served by the issuing agency or the Tribal Prosecutor by any of the means provided for under sec. 309(A) of this Code or by certified mail, return receipt requested.
504. Notice to appear.
- Upon the filing of a conservation complaint under section 503(A), the Tribal Court shall cause a copy thereof to be served upon the alleged violator, together with a Notice to Appear and answer before the Tribal Court no less than five (5) days after service of said notice. The Notice may be served by any of the means provided for under sec. 309(A) of this Code or by certified mail, return receipt requested. A copy of the complaint and Notice shall also be served upon the Tribal Prosecutor who, at his or her option, may elect to take over the prosecution of the case, and who shall appear in court on the return date to state his or her position on the complaint.
- For any action commenced by citation under section 503(B), no Notice to Appear need be served on defendant if an appearance date was set on the citation and if that date has not been changed by the Court. Any changes in the appearances date from that set on the citation may be noticed to defendant by first class mail.
505. Appearance before the Tribal Court.
- Answer. At the time of the alleged violator's appearance before the Tribal Court, he shall answer the Conservation Complaint by indicating his intent to contest or not to contest the allegations contained in said Complaint. The alleged violator shall answer the Citation in the manner provided in Part One of Chapter IV of this Code.
- No contest answer. If the alleged violator answers "No Contest", the Tribal Court shall then announce its decision as to the penalty to be imposed pursuant to Section 510.
- Contest of complaint. If the alleged violator indicates his desire to contest the allegations contained in the Complaint, the Tribal Court shall then inform him of a date for hearing before the Judge, said date being set to allow sufficient time for him to prepare his defense.
506. Default. The provisions of this Code in Chapters III and IV concerning default shall apply to proceedings before the Tribal Court.
507. Rights of alleged violator. The alleged violator shall have the right, in any proceeding before the Tribal Court, to defend himself in person, through a lay advocate, or by counsel at his own expense; to confront witnesses; to have compulsory process served to obtain witnesses in his behalf; and to a speech public hearing.
508. Order of hearing Procedure. In all proceedings before the Tribal Court, whether instituted by the filing of a Conservation Complaint or by the filing of a citation, the following procedure shall be followed:
- Evidence of Tribe. The hearing shall be opened with the evidence in support of the charge of violation presented by the Tribal Prosecutor appearing on behalf of the St. Croix Chippewa Indians of Wisconsin. The alleged violator or his legal representative shall have the right to question any witness called to testify by the Tribal Prosecutor.
- Alleged violator's evidence. The alleged violator, his lay advocate, or his attorney, may then offer evidence in support of his case. The Tribal Prosecutor shall have the right to question any witness called to testify for the alleged violator.
- Decision of the Tribal Court Juice. After all the evidence has been presented the Judge shall make his decision as to whether or not the evidence has shown that a violation or the Conservation Code or its implementing regulations occurred, and that the person charged did perpetrate the violation.
509. Judgment of the Tribal Court. In addition to the powers to effect judgment conferred on the Tribal Court by other provisions of this Code, the Court may make the following judgments upon finding a violation has occurred:
- Money judgment. The Tribal Court may enter judgment against the defendant and in favor of the St. Croix Chippewa Indians of Wisconsin for a monetary amount not to exceed $500 and not less than $20. Court costs may also be assessed against the defendant.
- License revocation. In addition to any monetary judgment the Tribal Court, may, in its discretion, revoke the hunting, fishing, trapping, or wild rice license of any defendant, when such adjudicated violator has been duly licensed by the Tribe.
510. Appeal of decision.
- Procedure. A defendant found to have violated the provisions of the Conservation Code or of its implementing regulations may appeal that determination to the Court of Appeals or other body designated to hear appeals under the procedures derailed in Chapter II of this Code.
- Status pending appeal. During the pendency of the defendant's appeal, the determination of the Tribal Court and the penalty imposed as a result thereof shall be in full force and effect. Upon receipt of notice of the defendant's appeal, however, the Tribal Court shall keep secure any property of defendant which was transferred to the Division in carrying out its judgment.
THE ST. CROIX COURT OF APPEALS
201. Creation of the St. Croix Court of Appeals. A St. Croix Court of Appeals consisting of a panel of three (3) judges may be created by the St. Croix Tribal Council. The panel shall hear appeals allowed by this Code.
202. Jurisdiction of the Court of Appeals.
- Jurisdiction. The jurisdiction of the Court of Appeals or other body designated to hear appeals shall be limited to review of final orders, sentences, and shall be submitted upon the trial record, although the Court of Appeals or other body designated to hear appeals may, upon proper motion being made, authorize the supplementation of the record in order to facilitate the dispensing of justice.
- Judgment. The Court of Appeals or other body designated to hear appeals may increase or decrease any sentence in a criminal case; may affirm, modify vacate, set aside or reverse any judgment, decree or order, or require such further proceedings as may be just in the circumstances.
203. Procedure for appeal.
- Right of Appeal. Any party who is aggrieved by any order, sentence of judgment of the trial court may appeal to the Court of Appeals or other body designated to hear appeals in the manner prescribed by this Code and by any rules promulgated by the Court of Appeals or other body designated to hear appeals.
- Time for taking appeal . Appeal to the Court or other body designated to hear appeals shall be taken not later than twenty (20) days after the entry of judgment or order appealed, After expiration of the period for timely appeal, the Court of Appeals or other body designated to hear appeals may, in its discretion, grant leave to appeal from any order or judgment upon the showing, supported by affidavit, that there is merit in the grounds for appeal and that the delay was not due to appellant's culpable negligence.
- Service of claim of appeal; fees. Immediately after an appeal has been filed with the Clerk of Court, a copy of the appeal shall be served by the appellant upon all other parties to the case. Simultaneously with the filing, a filing fee of $25.00 shall be paid to the Clerk of Court, unless the appellant also files an affidavit of indigency as provided in Section 304 of the Code, in which case no filing fee shall be required.
- Form of appeal. The appeal shall state the name of the case, designating the parties in the same order as in the trial court, stating the ruling which is being appealed, the date it was entered, and the grounds on which the appellant asserts it is in error. The appeal shall be dated and signed by the appellant or his attorney, with a business address plainly written under each signature. A copy of the judgment or order appealed from shall be attached, together with a transcript,of the proceeding in the trial court or any other record made by the Clerk of Court.
- Bond. The appeal must also be accompanied by a bond or cash in an amount satisfactory to the trial court to a guarantee payment or satisfaction of the judgment, including costs, of the trial court if that judgment is affirmed on appeal.
204. Effect of judgments ending review. In any case in which an appeal is made in accordance with the rules of the Court of Appeals and this Code, the judgment or order of the trial court shall be stayed pending the hearing of the appeal and the final determination of the matter.
205. Other appellate bodies. The St. Croix Tribal Council may designate the Tribal Council or an Inter-tribal Court, to hear appeals arising from the St. Croix Tribal Trial Court. The Tribal Council or Inter-tribal Court shall comply with provisions of this Chapter when hearing appeals.
WHEREAS; The St. Croix Tribe is a federally recognized Indian Tribe with a reservation on lands located in Barron, Burnett and Polk Counties of Wisconsin, and
WHEREAS; The St. Croix Tribal Council has adopted various ordinance regulating member and non-member usage of reservation and off reservation resources, and
WHEREAS; The St. Croix Tribal Council requires frequent and competent advice and information on Tribal Natural Resource and Treaty Rights prior to taking action impacting those resources and rights,
NOW THEREFORE BE IT RESOLVED that the St. Croix Tribal Council hereby enacts the attached Charter creating the St. Croix Natural Resources,Commission.