[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 4-22-2002 by Ord. No. 02-03. Amendments noted where
applicable.]
The Legislature finds that some Indians violate
law and are convicted of misdemeanor charges, serve out their punishments,
and become rehabilitated over a period of time, only to find that
they are prevented from tribal employment or other tribal benefits
because of a record of past misdemeanor conduct. It is the declared
intent of the Legislature to examine the records of tribal miscreants
(as defined herein), assess their behavior following conviction, and
to give serious consideration to the granting of a pardon to qualified
persons in order to bring such persons back into the fabric of tribal
society where they can make a meaningful contribution.
As used in this chapter, the following terms
shall have the meanings indicated:
A person who has been convicted by any federal or state court
of a felony.
A crime identified in federal law or the laws of any of the
United States as a felony.
A person whose name appears on the official Menominee tribal
roll or the roll of any other federally recognized Indian tribe.
The Tribal Legislature, the governing body of the Tribe.
A person who has been convicted of a misdemeanor in Tribal
Court.
A violation of a law that is included in the body of law
enacted by the Legislature which carries a penalty of not more than
a fine of $5,000 or one year's imprisonment, or both.
An action by the Tribal Legislature which has the legal effect
of removing and completely erasing from any record of any kind an
Indian's criminal conviction in the Menominee Tribal Courts of a violation
of tribal law.[1]
A person who files a petition for a pardon under this chapter.
Those courts established by the Legislature under Article
V of the Constitution.
That body of law enacted by the Legislature and in effect.
The Menominee Indian Tribe of Wisconsin.
A.
Only Indians over whom the Menominee Tribal Court
has jurisdiction and who have been convicted of a misdemeanor in Tribal
Court are eligible for a pardon under this chapter.
B.
Indians may petition for a pardon as many times as
they may choose; provided, however, that each petition meets the requirements
listed in this chapter, including the required payment of a fee. As
stated herein, the filing of a petition for a pardon does not guarantee
the granting of a pardon by the Tribal Legislature.
C.
The Legislature shall grant pardons only for misdemeanor
convictions from Tribal Court. Felony convictions are not rendered
in Tribal Court and this chapter does not extend to felony convictions.
Pardons will not be granted for violent offenses as determined by
the Tribal Legislature after consultation with the Tribal Prosecutor.
D.
Misdemeanor convictions in jurisdictions other than
the Menominee Tribe are not eligible for pardons under this chapter.
A petition is required to be filed in the Tribal Chairperson's
office by any Indian requesting a pardon. Five full years shall have
elapsed since the requirements of the sentence were completed before
filing a petition. The form of the petition shall be prescribed by
the Legislature. Any misrepresentations, omissions or falsifications
on the petition shall result in a denial of a Tribal pardon and may
result in prosecution by the Tribe in Tribal Court. The filing of
a petition for a pardon does not guarantee the granting of a pardon
by the Tribal Legislature. The Legislature shall review each case
on its individual merits. The decision by the Tribal Legislature to
grant or deny a request for a pardon is final and not subject to further
review of any kind. The fee for filing a petition for a tribal pardon
is $150, nonrefundable, payable at the time the petition is submitted
to the Tribal Chairperson's office. No petition will be accepted unless
this fee has been paid to the Tribe either by cash or cashier's check.
A.
Upon submission of a completed petition by the Indian
to the Tribal Chairperson's office, the petition shall be placed on
the agenda for the next regular meeting of the Legislature, provided
that the petition is submitted 10 days in advance of a regularly scheduled
legislative meeting. The Legislature may act at this meeting or may
table the matter for any reason. The petition shall be scheduled on
the regular agenda as a matter of public record.
B.
The Legislature shall render its decision after due
deliberation and direct that a tribal resolution be prepared if a
pardon is granted.
