CHAPTER 2-4
MISCELLANEOUS

2-4-1 Publications.

Every daily or weekly newspaper published continuously for a period of two (2) years in any county in which a portion of the tribal jurisdiction lies, or within or adjacent to the tribal jurisdiction, shall be recognized and authorized to publish all publications and notices required or permitted to be published by the Tribal Code.

2-4-2 Immaterial Errors.

The Court, in every stage of action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such immaterial or harmless error or defect.

2-4-3 Copies of Laws.

The Court law library shall be provided with copies of all Federal, Tribal, and State laws and the regulations of the Bureau of Indian Affairs which may be applicable to the conduct of any persons within the tribal jurisdiction.

2-4-4 Effect of Prior Decisions.

The prior decisions of the Courts acting for the Tribe shall be binding upon the parties thereto. The rules of law stated in such decisions, not inconsistent with Tribal statutes enacted after such decisions, shall be precedent in the Courts subject to modification or being overruled by subsequent opinion of the Court as in other cases.

2-4-5 Judicial Review.

The District Court and Court of Appeals shall have the authority to review any act, brought before the Court, of the Tribal Council, or any tribal officer, agent, or employee to determine whether that action, and the procedure or manner of taking that action, is Constitutional and not prohibited by the Indian Civil Rights Act, statute or common law. If the Court finds such action, or the manner of its exercise, to be lawful, it may refuse to recognize the unlawful action or refuse to apply the law or statute in question. If the Court finds such action, or the manner of its exercise, to be unlawfully authorized, the Court shall dismiss the case. The Court shall not otherwise review the exercise of any authority committed to the discretion of a tribal officer, agency, agent, or employee by Tribal law unless some specific provision of law authorizes judicial review of the merits of the discretionary decision or action.

2-4-6 Action When No Procedure Provided.

Whenever no specific procedure is provided in the Tribal Code, the Court may proceed in any lawful fashion.