Since time immemorial, we the Dena'ina Athabascan people, including the Kenaitze Indian Tribe, have resolved dispute and conflict, maintained community peace, and delivered justice within our Tribal Territory through the use of our Traditional Athabascan Laws, Customs, and Practices.

A. MODERN PURPOSE

The purpose of this Code is to honor and acknowledge our prior Customs, History, Traditions, and Experience for the purpose of preserving, strengthening, and continuing the Tribal Court into the future. To ensure the efficient and fair administration of justice, the Tribal Court shall continue to resolve conflicts and disputes and enforce Tribal Laws through the application of Cultural Traditions, Customary and Traditional Values, Written Law, Codes, and Ordinances.

SECTION 4. AUTHORITY

The Kenaitze Indian Tribe, represented by the duly elected governing body of the Tribal Council, has the authority to operate the Tribal Court pursuant to its inherent sovereign authority and the powers set forth in the Tribe's Constitution, By-Laws, Ordinances, Resolutions and Codes.

SECTION 5. JURISDICTION

The Kenaitze Tribal Court shall have the authority to exercise jurisdiction that is permitted as their valid existing rights as a sovereign nation. These powers include, but are not limited to, matters relating to the governmental processes internal to the Tribe and over matters arising:

In the Tribe's Dena'ina Indian Country, including but not limited to all lands and waters customarily and traditionally used by the Dena'ina people; and/or
Over all tribal members, enrolled or eligible, regardless of where they live or do business; and/or
Over all persons and entities who enter into consensual relations with the Tribe or tribal members, or whose activities affect the political integrity, economic security, or the health or welfare of the Tribe or tribal members.

SECTION 6. COURT STRUCTURE

The Tribal Court will consist of a panel of judges. The Judges shall be appointed by a majority vote of the Tribal Council. At least two and no more than five judges will hear each case. A quorum of no less than two judges shall be convened to hear and decide a case. It shall be a preference that at least one elder judge presides over every case that comes before the Tribal Court. In emergency situations and/or due to disqualification as outlined in the code, the presiding judge may solicit from a list of members who have already pre-qualified or from qualified judges from an associated Tribe to act as judges to make a quorum.

A. Chief Judge: The Tribal Court will select a Chief Judge to be approved by the Council. The role of the Chief Judge is to oversee the functioning of the Tribal Court.

SECTION 7. JUDGES

A. QUALIFICATIONS

In order to be qualified to serve as a Tribal Court Judge, a person must, at a minimum:

Be an enrolled Tribal Member, and
Be domiciled within the Tribe's customary and traditional Dena'ina Indian Country;
Be at least 31 years of age;
Not have been convicted of a non-violent crime within the previous two years, unless otherwise approved by the Tribal Court and except that fishing, hunting, and gathering violations will not exclude a person from serving as a judge;
Not have been convicted of a violent crime within the previous ten years, unless otherwise approved by the Tribal Council;
Not have been convicted of any crime involving sexual assault, molestation, sexual abuse or sexual exploitation in his/her lifetime;
Agree to participate in Judicial Trainings as they are made available by the Tribe;
Provide Criminal Background Investigation/Child Protection Clearance/Drug and Alcohol Free Workplace Statement.

B. SELECTION OF JUDGES

Judges will be appointed by an affirmative vote of the Tribal Council. Selection of the Judges shall be at the discretion of the Council.

C. TERMS

Judges will serve on the Court unless and until they resign or are removed as described in section D, below.

D. JUDICIAL DISCPLINARY PROCEEDINGS

Any judge may be dismissed, suspended, removed, or fined if a majority of the Council determines that it is in the best interest of the Tribe. In dismissing, suspending, removing, or fining a Judge, the following procedure must be followed:

The person or people desiring to remove the Judge shall file a Grievance Petition with the Tribal Council;
The Council shall notify the Judge of the Grievance Petition within 20 days. The notice shall be in writing and shall contain a copy of the Petition;
The Judge may request that the Council hold a special meeting so that the Judge may present his or her side to the Council. The Judge and the Petitioner(s) shall be allowed to present witnesses and evidence to the Council.
Once the Council makes a decision regarding the Grievance Petition, it shall issue a written decision, explaining the reason(s) for its decision. A copy of the decision shall be given to both the Judge and the Petitioner(s).

E. FILLING JUDICIAL VACANCIES

Should a judicial vacancy occur through death, resignation, removal or otherwise, the Tribal Council shall appoint a qualified Tribal member or a Council member to fill the vacancy.

F. JUDICIAL ETHICS

No judge shall be involved in a case where he or she:

Has a direct personal, political, or financial interest; or
Has an immediate family member that is a party to the case. Immediate family members include: spouse, mother, father, sister, brother, son, daughter, or member of the Judge's household; or
Does not think that he or she can be fair or impartial for any reason.

SECTION 8: ELDERS AND OTHER ADVISORS

The Tribal Court may confer with and/or request oral or written responses from Tribal Elders, Tribal Council Members, and/or other cultural leaders which may be kept for and relied on by future generations.

SECTION 9: LEGAL AND PROFESSIONAL CONSULTATION

Judges can have access to attorneys and other professionals for consultation including but not limited to legal opinions.

SECTION 10: APPEALS

Parties to Tribal Court proceedings shall be permitted to appeal the Court's final decision. A panel of three members of the Tribal Council shall sit as the Appellate Court. A person may not serve as a Judge on the Appellate Court if he or she is already serving as a Judge on the Tribal Court.

Starting an Appeal: To appeal a final decision of the Kenaitze Tribal Court the appealing party must file a Petition to Appeal with the Tribal Council and provide a copy to the Tribal Court Clerk. A copy shall also be provided to any other parties to the case.
1. Time Limit: A Petition to Appeal must be filed within 30 days of the date written on the Tribal Court's final order.
2. Contents of the Petition: The Petition must state with specificity all of the reasons that the party is appealing. A copy of the Tribal Court's final Order must be attached to the Petition.
3. No New Facts or Evidence: Parties to an appeal are not permitted to present new facts or evidence to the Appellate Court.
4. Filing Fee: A party shall be required to pay $50 to the Tribal Council.
Appointing an Appellate Court Panel: Within 10 business days of a Petition to Appeal being filed, the Tribal Council shall call a special meeting. At the special meeting, the Tribal Council shall, without discussing the merits or substance of the appeal, appoint three Council members to sit as the Appellate Court. Within 5 business days of being appointed, the Appellate Court shall convene to review the Petition.
Hearing on Petition, Frivolous Petitions:
1. Unless the Appellate Court finds the Petition to be frivolous (see subsection (ii), below), it shall schedule a hearing within 30 days of reviewing the Petition. Notice must be provided to both parties at least 20 days in advance of the hearing. Notice shall also be sent to the Tribal Court Clerk. At the hearing, both parties shall be permitted adequate time to present their position on the issues that are on appeal. The parties are not permitted to present new evidence at this hearing.
  1. If the Appellate Court wishes for the parties to submit their position in writing prior to the hearing, it may direct them to do so. They shall be permitted adequate time to prepare their written statements. Each party shall be given a chance to respond to the other party's statement.
  2. The original or a true copy of the Tribal Court record of the case at-issue, including recordings and/or transcripts of hearings, shall be made available for review by the Appellate Court and both parties. The party that is appealing the case shall bear the initial cost of copying the file. The parties may refer to the record in the hearing and/or their written statements. The Appellate Court may also consult the record.
2. Frivolous Appeals: The Appellate Court may dismiss the Petition to Appeal without hearing from the other party if it finds the Petition to be frivolous, i.e., there is no sound basis for reviewing the Tribal Court's Order. If the Court finds an appeal to be frivolous, it shall issue a written Order dismissing the Petition to Appeal and state with specificity why the appeal is frivolous.
Role of the Appellate Court: It is the role of the Appellate Court to consider only the issues set forth in the Petition to Appeal and determine whether an error has been made as to those issues. It shall not consider any new facts or evidence, i.e., facts or evidence that were not presented to the Tribal Court.
1. Fact Issues on Appeal: If the appeal is regarding an issue of fact or the Tribal Court's fact-finding, the Appellate Court can take action adverse to the Tribal Court's decision only if it finds that the Tribal Court has abused its discretion. This is because the Tribal Court, as the trial court that heard all of the witnesses and saw all of the evidence, is in the best position to make findings regarding the facts. If the Appellate Court finds that the Tribal Court has abused its discretion, it can direct the Tribal Court to re-visit its ruling or it can overturn its ruling.
2. Issues of Tribal Law, Custom or Procedure on Appeal: If the petition to appeal alleges that the Tribal Court has made an error in applying or interpreting Tribal Law, Custom or Procedure, the Court shall review the applicable law, custom and/or procedure to determine whether the Tribal Court has correctly applied or interpreted the law. If the Appellate Court finds that an error was made, it can direct the Tribal Court to review its ruling or it can overturn its ruling.
Decision of the Appellate Court
1. After the Appellate Court has held a hearing, reviewed the parties' written statements (if any), and made any necessary review of the record, it shall issue a written decision either affirming the Tribal Court's ruling, directing that the Tribal Court re-visit its ruling, or overturning the Tribal Court's ruling. If the Appellate Court affirms the Tribal Court's ruling, it shall explain in detail why it is affirming the ruling. If the Appellate Court is directing the Tribal Court to review its ruling, it shall state with specificity why it feels the Tribal Court erred and what part of the ruling must be re-visited. If the Appellate Court overturns the Tribal Court's ruling, it shall explain in detail why it is overturning the ruling. Note: The Appellate Court may also find itself in the position of affirming one part of the Tribal Court's ruling and overturning or directing the Tribal Court to re-visit a different part of its ruling. This is acceptable as long as the Appellate Court specifies what part of the ruling it agrees with and what part it disagrees with.
2. A copy of the Appellate Court's decision shall be sent to all parties and to the Tribal Court.
Confidentiality: Any case that is made confidential in the Tribal Court including but not limited to, Child In Need of Aid cases, Guardian/Conservator cases, and Elder Protection Cases, shall remain confidential during the Appellate Court process. If any information regarding the Appellate Court's ruling is made public, all names and personal information shall first be changed and/or redacted.
Code of Conduct: When acting as Judges for the Appellate Court, Council Members shall adhere to the Judicial Ethics set forth in Section 7(F) of this Code. They shall also be required to take the Oath of Confidentiality and Oath of Office as set forth in Sections 12 and 13 of this Code. The Appellate Court shall also have available to it the consultants and advisors set forth in Sections 8 and 9 of this Code.

SECTION 11: OTHER COURT PERSONNEL

A. COURT ADMINISTRATOR

The Council may, funding permitted, appoint a person to serve as Tribal Court Administrator. The purpose of the administrator is to oversee the daily functions of the Court. Nothing shall prohibit the Council from appointing the same person to serve as the Court Administrator and the Court Clerk. The Chief Judge may be appointed to act as the Court Administrator.

B. COURT CLERK

The Council may, funding permitted, appoint a Tribal Court Clerk. Training of the Court Clerk shall be provided by the Tribe. Personnel issue relating to the Court Clerk shall be handled by the Tribal Administrator. For all other issues relating to Court business, the Court Clerk shall be supervised by the Tribal Court Judges. Nothing shall prohibit the Council from appointing the same person to serve as the Court Administrator and the Court Clerk.

SECTION 12: OATH OF CONFIDENTIALITY

The Kenaitze Indian Tribe Tribal Court Judges, Clerk, Tribal Council, and all others called upon by the Court or Council shall take the following oath of confidentiality:

"I ____________________ do solemnly swear and affirm that I will not discuss any confidential matters outside the Tribal Court unless I am otherwise permitted by the Tribal Court."

SECTION 13. OATH OF OFFICE

Every Judge, prior to taking office or acting in such office, shall take the following oath of affirmation:

"I, _____________________do solemnly affirm that I will support, defend and uphold the Constitution and By-Laws of the Kenaitze Indian Tribe and support and defend the best interests of the Kenaitze Indian Tribe; that I will support, uphold, and enforce the Law and Order of the Tribe, Resolutions and Ordinances duly passed by the Kenaitze Indian Tribe; and that I will faithfully and impartially discharge the duties of my office to the best of my ability"

SECTION 14. FULL FAITH AND CREDIT AND COMITY

The Kenaitze Indian Tribe, Tribal Court may give full faith and credit, comity, or other reciprocal recognition to the Laws and Judicial acts of other Tribes, the United States, individual states and local governments which equally extend the same full faith and credit, comity, and other recognition to the Laws and Judicial acts of the Kenaitze Indian Tribe and Tribal Court.

SECTION 15. SUPREME LAW: THE DENA'INA PRINCIPLES OF REGULATION

In the event of an otherwise unresolvable dispute, the Dena'ina Principles of Regulation, which includes written and unwritten tribal traditions, will take precedence over all other laws, codes and regulations.

Before a court issues a decision on the basis of the Dena'ina Principles of Regulation, it will give the people involved an opportunity to be heard about any question over what those principles are or how they should be applied.

SECTION 16. AMENDMENTS

Amendments to this Code may be made only if 1) the amendments are proposed by a Tribal Member or a Council Member and 2) a majority of the Tribal Council votes in favor of the amendments.

Address

Tribal Court Code

Chapter 1: Kenaitze Tribal Court Structure

SECTION 1. NAME OF CODE

SECTION 2. NAME OF COURT

SECTION 3. PURPOSE