The jurisdiction of the Courts of the Menominee
Indian Tribe shall extend to the territory within the exterior boundaries
of the Menominee Indian Reservation and to such other lands without
such boundaries as have been or may hereafter be added to the Reservation
or held in trust for the Tribe.
A.
As used in these jurisdictional provisions, the word
"person" shall include any individual, firm, company, association,
or corporation.
B.
Subject to any contrary provisions, exceptions or
limitations contained in either federal law, the Tribal Constitution,
or as expressly stated elsewhere in this Law and Order Code, the Courts
of the Menominee Indian Tribe shall have civil and criminal jurisdiction
over the following persons:
(2)
Any person who transacts, conducts, or performs any
business or activity within the Reservation, either in person or by
an agent or representative, for any civil cause of action or charge
of criminal offense for any act expressly prohibited by this Law and
Order Code or other ordinances adopted by the Tribal Legislature.
(3)
Any person who owns, uses or possesses any property
within the exterior boundaries of the Reservation, for any civil cause
of action or charge of criminal offense prohibited by this code of
other ordinances of the Tribe arising from such ownership, use or
possession.
(4)
Any person who commits a tortious act or engages in
tortious conduct within the exterior boundaries of the Reservation,
either in person or by an agent or representative, for any civil cause
of action arising from such act or conduct.
(5)
Any person who commits a criminal offense prohibited
by this code or other ordinance of the Tribe, by his own conduct or
the conduct of another for which he is legally accountable, if:
(a)
The conduct occurs either wholly or partly within
the Reservation;
(b)
The conduct which occurs outside the Reservation
constitutes an attempt, solicitation, or conspiracy to commit an offense
within the Reservation, and an act in furtherance of the attempt or
conspiracy occurs within the Reservation; or
(c)
The conduct which occurs within the Reservation
constitutes an attempt, solicitation, or conspiracy to commit in another
jurisdiction an offense prohibited by this code or ordinances of the
Tribe and such other jurisdiction.
C.
None of the foregoing bases of jurisdiction is exclusive,
and jurisdiction over a person may be established upon any one or
more of them as applicable.
Subject to any contrary provisions, exceptions,
or limitations contained in either federal laws and regulations, the
Tribal Constitution, or as expressly stated elsewhere in this Law
and Order Code, the Courts of the Menominee Indian Tribe shall have
jurisdiction over any real or personal property located on the Reservation
to determine the ownership thereof or rights therein or to determine
the application of such property to the satisfaction of a claim for
which the owner of the property may be liable.
Subject to any contrary provisions, exceptions,
or limitations contained in either federal law or the Tribal Constitution,
the Courts of the Menominee Indian Tribe shall have jurisdiction over
all civil causes of action and over all offenses prohibited by this
code, except the Courts of the Menominee Indian Tribe shall not assume
jurisdiction over any civil or criminal matter which does not involve
either the Tribe, its officers, agents, employees, property or enterprises,
or a member of the Tribe, or a member of a federally recognized tribe,
if some other forum exists for the handling of the matter and if the
matter is not one in which the rights of the Tribe or its members
may be directly or indirectly affected.
The jurisdiction invoked by this code over any
person, cause of action, or subject shall 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, that
this code does not recognize, grant, or cede jurisdiction to any other
political or governmental entity in which jurisdiction does not otherwise
exist in law.
A.
The Courts of the Menominee Indian Tribe shall have
exclusive original jurisdiction in all matters in which the Menominee
Indian Tribe or its officers or employees are parties in their official
capacities.
Except as required by federal law, or by Articles
XII and XVII of the Constitution and Bylaws of the Menominee Indian
Tribe, the Menominee Indian Tribe shall be immune from suit in any
civil action. The Menominee Indian Tribe and its officers and employees
shall be immune from suit for an monetary liability arising from the
performance of their official duties.
In any action otherwise authorized by or against
the Tribe or its officers or employees arising from the performance
of their official duties, the following modifications to the rules
or procedures set forth in this Law and Order Code shall apply:
A.
Neither the Tribe nor its officers or employees when
involved in a civil action arising from the performance of their official
duties shall be liable for the payment of the costs or expenses of
the opposing party.
B.
Neither the Tribe nor its officers or employees when
involved in a civil action arising from the performance of their official
duties shall be required to post security by bond or otherwise for
any purpose.
C.
No civil action brought against the Tribe or its officers
and employees arising from the performance of their official duties
shall be tried before a jury. All such actions shall be tried before
a Tribal Court Judge.
D.
In an action against the Menominee Indian Tribe, service
of process may be accomplished by delivering the complaint and the
summons to the offices of the Chairperson and Vice Chairperson of
the Menominee Tribal Legislature at the Menominee Tribal Office during
normal business hours.
Unless otherwise specifically provided for in
the Law and Order Code, the following limitations on the bringing
of civil actions will apply:
A.
Any action against the Tribe or its officers or employees
arising from the performance of their official duties must be commenced
within one year of the date the cause of action accrued.
B.
Any other action must be commenced within three years
of the date the cause of action accrued; provided, however, that any
cause of action based on fraud or mistake shall not be deemed to have
accrued until the aggrieved party has discovered or reasonably should
have discovered the facts constituting the fraud or mistake.
All cases currently pending before the BIA Court
of Indian Offenses are hereby transferred to the Menominee Tribal
Judiciary. In deciding these transferred cases, the Menominee Tribal
Judiciary shall apply the provisions of 25 CFR Part 11.
