[History: Adopted by Tribal Act #06-24.1628, enacted by Tribal
Council on February 22, 2006.]
(a)
Definition of Contempt. Willful misbehavior by any person which disrupts,
obstructs, or otherwise interferes with the conduct of any civil proceeding
by the Tribal Court, or which obstructs or interferes with the administration
of justice by the Tribal Court, or which constitutes disobedience
or resistance to or interference with any lawful summons, subpoena,
process, order, rule, decree or command of the Tribal Court shall
constitute contempt of Tribal Court. The willful failure of a party
to comply with the terms of a civil judgment directed against her/him,
with which she/he is able to comply, shall be held in civil contempt
of the Tribal Court, which shall be punished by the Tribal Court in
the manner prescribed by this Ordinance.
(b)
Contempt in Presence of Court. When civil contempt of Tribal Court is committed in the presence of a Tribal Judge it may be punished summarily by that Tribal Judge. In such case an order shall then be made reciting the facts constituting the civil contempt, adjudging the person guilty of civil contempt, and prescribing the punishment for such civil contempt in accord with Chapter 7, § 701(d) of this Ordinance.
(c)
Contempt Outside Presence of Court. When it appears upon a verified statement filed with the Tribal Court reciting with particularity the alleged acts and/or omissions constituting civil contempt to the Tribal Court, which contempt may have been committed out of the presence of the Tribal Court, the Tribal Court may issue a summons to the person so charged directing her/him to appear at a time and place designated for a hearing on the matter. If such person served with the summons fails to appear at the time and place so designated, the Tribal Court shall conduct a hearing, and if it finds her/him guilty of civil contempt, an order shall then be made reciting the facts constituting the contempt, adjudging the person subject to civil contempt, and prescribing the fine for such civil contempt in accord with Chapter 7, § 701.
(d)
Punishment for Contempt. A Tribal Judge may punish for civil contempt
by fine or imprisonment, or both; such civil fine not to exceed $200
or imprisonment, based upon extraordinary circumstances as defined
by the federal law of civil contempt, not to exceed two days, plus
Tribal Court costs.
[History: Adopted by Tribal Act #06-24.1628, enacted by Tribal
Council on February 22, 2006.]
(a)
Definition of Contempt. A Tribal Judge may punish for criminal contempt
persons guilty of the following acts:
(1)
Disorderly, contemptuous, or insolent behavior toward the Tribal
Judge while holding Court, tending to interrupt the due course of
the Tribal Court proceeding.
(2)
A breach of the peace, boisterous conduct, or violent disturbance
in the presence of the Tribal Judge, or in the immediate vicinity
of the Tribal Court held by her/him tending to interrupt the due course
of a trial or other judicial proceeding.
(3)
Disobedience to a subpoena, duly served, or refusing to be sworn
or to answer as a witness.
(4)
Disobedience or resistance to the carrying out lawful order
or process made or issued by the Tribal Judge.
(5)
Interfering with any person or property in the custody of an
enforcement officer acting under an order of the Tribal Court or process
of the Tribal Court.
(6)
Executing a complaint as a complaining witness and failing to
appear or testify in support thereof.
(b)
Contempt Committed in Presence of Judge. When criminal contempt is
committed in the immediate view and the presence of the Tribal Judge,
it may be punished summarily. The Tribal Judge must make an order
reciting the facts as they occurred, and that the person proceeded
against is guilty of criminal contempt, and that she/he be punished
as therein prescribed.
(c)
Contempt Committed Not in Presence of Judge. When criminal contempt
is not committed in the immediate view and presence of the Tribal
Judge and upon a verified statement filed with the Tribal Court reciting
with particularity the alleged acts and/or omissions constituting
criminal contempt, a Warrant of Arrest may be issued by such Tribal
Judge and the person may be arrested and brought before the Tribal
Judge immediately. The Tribal Judge must give the arrested person
an opportunity to answer the verified complaint. The Tribal Judge
may then discharge her/him or may convict her/him of criminal contempt.
(d)
Punishment. A Tribal Judge may punish for criminal contempt by fine
or imprisonment, or both; such fine not to exceed $200 or imprisonment
not to exceed 14 days plus Tribal Court costs.
