2.05.030 Jurisdiction and powers | Robinson Rancheria Tribal Code

2.05.030 Jurisdiction and powers.

(a) Subject Matter Jurisdiction. The tribal court shall have civil jurisdiction over all matters in law or in equity which the business council expressly authorizes by ordinance.

The tribal court may decline to exercise its jurisdiction if it finds any of the following to exist:

(i) Another court has the jurisdiction to hear the case and would be more convenient for the parties than the tribal court;

(ii) One or more of the parties is not a person over which the tribal court can exercise its authority; or

(iii) The case is of such a nature that the chief judge of the tribal court has determined that the tribal court should not hear it.

(b) Territorial Jurisdiction. The tribal court shall exercise civil jurisdiction as stated in subsection (1)(a) of this section over all causes of action that arise (i) on lands within the exterior boundaries of the reservation and (ii) on all lands owned by the United States of America in trust for the tribe. Causes of action against the tribe or tribally owned legal entities established under tribal law with their principal place of business or agent for service of process located on such lands shall be deemed to arise on such land, regardless of the location of the occurrence or transaction out of which the cause of action arises or the location of the party asserting the cause of action.

(i) The tribe and political subdivisions of the tribe;

(ii) Legal entities owned by the tribe;

(iii) Persons or entities employed by the tribe or its wholly owned legal entities;

(iv) Persons or legal entities who have entered contracts with the tribe or its wholly owned legal entities;

(v) Persons or entities doing business within the territorial jurisdiction of the tribal court;

(vi) Tribal members;

(vii) Anyone the tribe formally recognizes as Indian;

(viii) Other Indians;

(ix) Anyone who consents to tribal court jurisdiction;

(x) Other individuals or entitles whose conduct affects the ability of the tribe to govern itself;

(xi) All other individuals whose conduct threatens or has some direct effect on the political integrity, the economic security, or the health and welfare of the tribe.

(i) The business council recognizes that Public Law 83-280 granted concurrent jurisdiction to the state of California over some criminal and civil matters on the reservation. The tribal court shall exercise its jurisdiction in all areas, even over areas that the state of California may exercise concurrent jurisdiction, to the extent delegated to it by tribal ordinance.

(A) The tribal court shall have jurisdiction over all offenses set forth in any law and order ordinance enacted in the future by the business council, when committed by an Indian within the exterior boundaries of the reservation or on any land owned by the United States of America in trust for the tribe.

(B) For purposes of this subsection (1)(d)(ii), an Indian shall be any person of Indian descent who is a member of any federally recognized Indian tribe.

(iii) Powers. The tribal court is granted all the powers necessary to exercise its jurisdiction in accordance with the procedures set forth in this chapter. Additionally, the tribal court may exercise its jurisdiction in accordance with any suitable procedures where specific procedures are not set forth in this chapter, so long as such procedures are in accordance with the tribe’s Constitution. The chief judge, in consultation with the business council, shall promulgate such rules of evidence and procedure as are necessary for the efficient prosecution or processing of cases through the tribal and appellate courts.

(iv) Full Faith and Credit. The tribal court shall give full faith and credit to the orders and judgments of the courts of other tribes, states, and local governments unless:

(A) The court in question does not recognize the orders and judgments of the tribal court;

(B) The court in question did not have jurisdiction over the case or a party or parties to it;

(D) Giving full faith and credit to the judgment of the court in question would violate the public policy of the tribe or would be likely to harm the culture, traditions, or sovereignty of the tribe; or

(E) The order or judgment is on appeal or being contested in another jurisdiction. [Ord. 2009-06-03 § 3(9.5.030), 2009.]