3.05.030 Jurisdiction and powers

3.05.030 Jurisdiction and powers.

(1) Personal Jurisdiction. The Tribal Court shall have civil jurisdiction over: all persons who are members of the Tribe or eligible to be members; persons who have consented to the jurisdiction of the Tribal Court or waived any objections to the exercise of personal jurisdiction in the matter by voluntarily appearing before the Tribal Court or filing a motion, response, answer or pleading in Tribal Court (other than a jurisdictional challenge); and respondents who have “minimum contacts” with the Tribe (e.g., commit offenses on Tribal lands, conduct business on Tribal lands, etc.);

(2) Subject Matter Jurisdiction. The Tribal Court shall have civil jurisdiction over all matters in law or in equity arising within Tribal lands as defined in Articles I and II of the Tribe’s Constitution and as may be more fully described in specific Tribal codes and ordinances covering the different divisions of the Tribal Court. In all cases before the Tribal Court, the respondent must be:

(a) A member of or eligible for membership with the Tribe; or

(b) A member of another tribe or is a non-Indian AND (i) has entered into a consensual relationship with the Tribe or its members through commercial dealing, contracts, leases or “other arrangements” (e.g., is married to a Tribal member, has a child in common with a Tribal member, is employed by the Tribe, etc.) OR (ii) the conduct of the violation threatens or has some direct effect on the political integrity, the economic security, or the health and welfare of the Tribe.

(3) The Tribal Court may decline to exercise its jurisdiction if it finds any of the following exist:

(a) Another court has the jurisdiction to hear the case and it would be more convenient for the parties than the Tribal Court;

(b) One (1) or more of the parties is not a person over which the Tribal Court can exercise its jurisdiction; or

(4) Concurrent Jurisdiction. The jurisdiction invoked by this chapter over any person, cause of action, or subject may be concurrent with any valid jurisdiction over the same of the courts of the United States, any state, or any political subdivision thereof; provided, however, this chapter does not recognize or cede jurisdiction to any other political or governmental entity in which jurisdiction does not otherwise exist in law. In the event of concurrent jurisdiction controversies, the Tribal Court shall compel and hear sufficient evidence and legal arguments to make a prompt jurisdictional determination for each such controversy.

(B) Criminal Jurisdiction. The Tribal Court shall have concurrent jurisdiction over all criminal offenses committed by a Tribal member or other Indians consistent with Tribal law within Tribal lands.

(C) Powers of the Tribal Court. The Tribal Court is granted all the powers necessary to exercise its jurisdiction in accordance with the procedures set forth in this chapter. Additionally, the Tribal Court may exercise its jurisdiction in accordance with any suitable procedures where specific procedures are not set forth in this chapter, so long as such procedures do not conflict with the Tribe’s Constitution. The Tribal Court Administration and judges, in consultation with the Tribal Council, shall promulgate such Rules of Court that are necessary for the efficient prosecution or processing of cases through the peacemaker mediation process, Trial Court, and Appellate Court.

(1) The Tribal Court shall give full faith and credit to the orders and judgments of the courts of other tribes, states, federal courts, and local, state, and federal governments unless:

(a) The court in question does not recognize the orders and judgments of the Tribal Court;

(b) The court in question did not have jurisdiction over the case or a party or parties to it;

(d) To do so would violate the public policy of the Tribe or would be likely to harm the culture, traditions, or sovereignty of the Tribe; or

(e) The order or judgment is on appeal or being contested in another jurisdiction.

(2) The Tribal Council may enter into intergovernmental agreements with other Indian tribes, states and other governmental entities, and may enact laws that expand upon or modify the Tribal Court’s jurisdiction, and affording comity or full faith and credit to other court orders.

(E) Inclusion of Language from Other Laws – Application of Other Laws. Inclusion of language, definitions, procedures, or other statutory or administrative provisions of the state of California or other state or federal entities in this chapter, or Tribal Court judges using other jurisdictions’ laws, procedures and precedents as guidance shall not be deemed an adoption of that law by the Karuk Tribe and shall not be deemed an action deferring to state or federal jurisdiction within the Karuk Tribe where such state or federal jurisdiction may be concurrent or does not otherwise exist.

(F) No Acceptance of State Jurisdiction. Nothing in this chapter shall be deemed to constitute acceptance of or deference to the jurisdiction of the state of California over any civil matter, where such jurisdiction does not otherwise exist. [Res. 10-R-111 § 10.2, 9/30/2010.]