There shall be kept available for public inspection
during regular business hours at the office of the Clerk of the Tribal
Court copies of this Law and Order Code and any amendments thereto,
plus copies of all laws or rules which are incorporated by reference
from other jurisdictions into this Law and Order Code, plus a copy
of the Code of Professional Responsibility of the American Bar Association.
[Amended 8-17-2017 by Ord. No. 17-17]
The files and records of the Courts of the Menominee
Indian Tribe shall be open for public inspection, except that the
files and records of adoptions, incompetency proceedings, and proceedings
involving juveniles shall not be open to public inspection and may
be inspected only pursuant to the provisions regarding sharing of
information regarding delinquencies in conformance with Chapter 124
of the Menominee Tribal Code, or with prior specific judicial authorization.
The following principles of construction will
apply to all of the Law and Order Code unless a different construction
is obviously intended:
A. Masculine words shall include the feminine, and singular
words shall include the plural, and vice versa.
B. Words shall be given their plain meaning and technical
words shall be given their usually understood meaning where no other
meaning is specified.
C. Whenever a term is defined for a specific part of
this Law and Order Code, that definition shall apply to all parts
of this code unless a contrary meaning is clearly intended.
D. This Law and Order Code shall be construed as a whole
to give effect to all of its parts in a logical, consistent manner.
E. If any provision of this Law and Order Code or the
application of any provision to any person or circumstance is held
invalid, the remainder of this code shall not be affected thereby
and to this end the provisions of this Law and Order Code are declared
to be severable.
F. Any typographical errors or omissions shall be ignored
whenever the intended meaning of the provision containing the error
or omission is otherwise reasonably certain to the Court.
G. Any other issues of construction shall be handled
in accordance with generally accepted principles of construction giving
due regard for the underlying principles and purposes of this Law
and Order Code.
The following definitions will apply to this
Law and Order Code:
AGE OF MAJORITY
Eighteen years of age unless otherwise provided for in this
Law and Order Code or the Tribal Constitution.
INDIAN or INDIAN PERSON
Includes all persons of Indian descent who are members of
any recognized tribe under federal jurisdiction or a person who is
recognized by the Menominee Indian Community as an Indian.
LEGISLATURE or TRIBAL LEGISLATURE
The Menominee Tribal Legislature as specified in Article
III, Section 1, of the Constitution of the Menominee Indian Tribe of the Menominee Reservation.
MEMBER
Includes a person whose name appears on the membership roll
of the Menominee Indian Tribe of the Menominee Reservation.
RESERVATION
Include all lands within the exterior boundaries of the Menominee
Reservation as defined in Article I of the Constitution of the Menominee
Indian Tribe of the Menominee Reservation.
TRIBE
The Menominee Indian Tribe of the Menominee Reservation unless
another or nonspecific Indian Tribe is clearly intended.
The Court shall be prohibited from ordering
the arrest or detention of anyone who fails to report when a civil
bench warrant shall have been issued for his/her appearance; instead,
the Court shall arrange for a hearing upon the matter at its earliest
convenience.