[Amended 1-5-2012 by Ord. No. 11-32]
A.
The provisions of 25 CFR Part 11, 1979 edition, listed
below are hereby provisionally adopted for the matters contained therein
as part of the Law and Order Code of the Menominee Indian Tribe, provided
that in the event of inconsistency between 25 CFR Part 11 and a duly
adopted code or portion thereof of the Menominee Indian Tribe, the
duly adopted code or portion thereof shall be valid and shall be followed.
Any requirement of 25 CFR Part 11 which is not included in a corresponding
portion of this Law and Order Code if such corresponding portion exists
shall be deemed an inconsistency. Any requirement in derogation of
the Menominee Indian Tribe's powers of self-government under the Tribal
Constitution shall also be deemed an inconsistency, provided further
that the provisions of 25 CFR Part 11 adopted herein shall not be
deemed to exhaust the judicial powers of the Menominee Tribal Judiciary
as set forth in the Tribal Constitution and in this Law and Order
Code.
B.
The Tribal Legislature wishes to make clear that it
is adopting the provisions of 25 CFR Part 11, 1979 edition, only until
such time as the Tribal Law and Order Code is ready to be implemented
by appropriate ordinance or ordinances. The preparation of the remaining
provisions of the Law and Order Code is in process. Upon implementation
of the Tribal Law and Order Code, the corresponding provisions of
25 CFR Part 11 shall be repealed.
C.
Subject to the above, the following provisions of
25 CFR Part 11, 1979 edition, are hereby adopted:[1]
|
11.2
|
11.27
|
11.44
|
11.64
|
|
11.8
|
11.28
|
11.45
|
11.65
|
|
11.11
|
11.29
|
11.46
|
11.66
|
|
11.12
|
11.30
|
11.47
|
11.67
|
|
11.14
|
11.31
|
11.48
|
11.68
|
|
11.15
|
11.32
|
11.49
|
11.69
|
|
11.16
|
11.33
|
11.51
|
11.71
|
|
11.17
|
11.34
|
11.52
|
11.72
|
|
11.18
|
11.35
|
11.53
|
11.73
|
|
11.19
|
11.36
|
11.54
|
11.74
|
|
11.20
|
11.37
|
11.55
|
11.301
|
|
11.21
|
11.38
|
11.56
|
11.302
|
|
11.22
|
11.39
|
11.57
|
11.303
|
|
11.23
|
11.40
|
11.58
|
11.304
|
|
11.24
|
11.41
|
11.59
|
11.306
|
|
11.25
|
11.42
|
11.62
| |
|
11.26
|
11.43
|
11.63
|
[1]
Editor's Note: The entry for 25 CFR 11.95ME, Extradition, which originally appeared in this subsection was repealed 9-18-1981 by Ord. No. 81-22. See now Ch. 132, Law Enforcement, Art. II, Extradition. The entry for 25 CFR 11.305, Minimum standards for detention programs, which originally appeared in this subsection was repealed 12-7-1989 by Ord. No. 89-21. See now Ch. A900, Detention Facility Policies and Procedures. Sections 11.34 and 11.35 were repealed 10-15-2020 by Ord. No.
20-30; see Ch. 132, Law Enforcement, Art. VI, Probation and Parole.
D.
All provisions made applicable to the Menominee Reservation
Court of Indian Offenses by 43 Fed. Reg. 40804 (September 13, 1978)
are hereby adopted, namely:[2]
|
11.50ME
|
|
11.55ME
|
|
11.88ME
|
|
11.90ME
|
|
11.91ME
|
|
11.92ME
|
|
11.93ME
|
|
11.94ME
|
|
11.95ME
|
|
11.97ME, including §§ 48.31,
48.32, 48.41, 48.83 and 48.89, Wis. Stats.
|
|
11.98ME
|
[2]
Editor's Note: The following entries which originally appeared in this subsection were deleted as superseded by subsequent tribal ordinance: 25 CFR 11.70ME, superseded by Ord. No. 93-20 (see Ch. 290, Art. XII, Resisting or Obstructing Officer); 25 CFR 11.89ME, superseded by Ord. No. 93-11 (see Ch. 321, Firearms); and 25 CFR 11.96ME, superseded by Ord. No. 83-22 (see Ch. 290, Art. II, Breaking and Entering).
