Chapter 3.05
GENERAL PROVISIONS
Sections:
3.05.020 Establishment of the Tribal Court.
3.05.040 Tribal Court – Judicial power.
3.05.050 Tribal Court – Jurisdiction.
3.05.010 Purpose.
This title is enacted to strengthen Tribal self-government, provide for the judicial needs of the Confederated Tribes of the Chehalis Reservation, and to provide for the fair and effective resolution of matters before the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.1.010.]
3.05.020 Establishment of the Tribal Court.
There is hereby established a Court to be known as the Chehalis Tribal Court. The Court shall have three divisions: a Trial Court, a Youth Court, and a Court of Appeals. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.1.020.]
3.05.030 Definitions.
When the words below appear in this title, they shall be defined as set forth in this section unless another meaning is specifically indicated in this title:
“Law enforcement” and “law enforcement officer” mean any person authorized by the Chehalis Tribe to act on behalf of the Tribe as a law enforcement officer, including but not limited to fisheries enforcement officers. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.1.030.]
3.05.040 Tribal Court – Judicial power.
The judicial power of the Confederated Tribes of the Chehalis Reservation shall be vested in the Chehalis Tribal Court, other than in matters of Tribal enrollment, wherein the judicial power of the Tribe shall rest solely with the Business Committee of the Confederated Tribes of the Chehalis Reservation. When jurisdiction is vested in the Court, all the means necessary to exercise that jurisdiction also is delegated. In the exercise of that jurisdiction, if the course of a proceeding is not specified in this code, any suitable process may be adopted which appears most in keeping with the spirit of Chehalis Tribal law. [Res. 2016-105; Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.2.010.]
3.05.050 Tribal Court – Jurisdiction.
The territorial jurisdiction of the Tribal Court shall extend to the fullest extent permissible under the Constitution of the Confederated Tribes of the Chehalis Reservation as it may be amended. The Tribal Court shall have the fullest personal and subject matter jurisdiction permissible under applicable law, but shall have no jurisdiction in any matter of Tribal enrollment. [Res. 2016-105; Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.2.020.]