Judicial Code

Introduction

 

Section 1.        Purpose.

The Prairie Island Mdewakanton Dakota Tribe has the inherent sovereign power to regulate the domestic relations of its members concurrently with the State of Minnesota.  No more important power is exercised by Indian Tribes than the power to protect and govern the domestic relations of their members.  The purpose of this Code is to inform Prairie Island Mdewakanton Dakota Community members of that inherent sovereign authority and enable them to use their own Tribal forum for resolution of domestic relations issues. 

Section 2.        Use of language from other laws.

Inclusion of language, definitions, procedure, or other statutory or administrative provisions of other Tribal jurisdictions, the State of Minnesota or other state or federal entities in the Prairie Island Mdewakanton Dakota Community Judicial Code shall not be deemed an adoption of that law by the Prairie Island Mdewakanton Dakota Community and shall not be deemed an action deferring to state or federal jurisdiction by the Prairie Island Mdewakanton Dakota Community where such state or federal jurisdiction is concurrent or does not otherwise exist.

Section 3.        Interim appointment of judges.

The Tribal Court of the Prairie Island Mdewakanton Dakota Community shall have jurisdiction over all matters designated in this Domestic Relations title.  If at the time of adoption of this Domestic Relations title by the Prairie Island Mdewakanton Dakota Tribal Council, the judges of the Tribal Court have not been appointed to the bench by the Tribal Council, the Tribal Council shall appoint the following individuals to sit as judges of this jurisdiction until a full compliment of judges has been appointed pursuant to Prairie Island Mdewakanton Community Judicial Code, Title I:

 a.        One enrolled elder of the Prairie Island Mdewakanton Dakota Community;

 b.        One attorney licensed by the highest court of a state who is knowledgeable and experienced in tribal law and federal Indian law;

 c.        One member of the Tribal Council of the Prairie Island Mdewakanton Dakota Community.


Alternates shall be designated for each of the three appointments and shall hear those matters in which a conflict of interest requires a judge to voluntarily recuse her/himself or in those matters wherein a motion to disqualify because of a judge's personal interest in the outcome of the pending matter results in a recusal.

 

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Copyright © 2003, Prairie Island Indian Community. (Updated 3-3-03.)