CHAPTER 1-4
DEFINITIONS

1-4-1 Definitions

In this Code, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following meanings:

(A)    Civil. “Civil” refers to all non-criminal issues, matters, subjects, cases and controversies between or among persons.

(B)    Clerk. “Clerk” shall mean the Clerk of the Prairie Band of Potawatomi Tribal District Court or the Clerk of the Court of Appeals.

(C)    Code. “Code” shall mean this Law and Order Code of the Potawatomi Tribe, comprising together with all amendments, additions, or modifications, which may be enacted from time to time by the Tribal Council.

(D)    Constitution. “Constitution” shall mean the Constitution and By-Laws of the Nation and any amendments.

(E)    Court of Appeals. “Court of Appeals” shall mean the court of that name established under the provisions of Title 2 of this Code, and the Judges of that Court collectively and individually, serving and acting in that office and capacity. The Court of Appeals is the Court of last resort to which appeals may be taken from the District Court. The judicial decisions of the Court of Appeals are final and are not subject to further appeal.

(F)    Covered Crimes. “Covered Crimes” shall mean—

(1)    Assault of Tribal Justice Personnel;

(2)    Child Violence;

(3)    Dating Violence;

(4)    Domestic Violence;

(5)    Obstruction of Justice;

(6)    Sexual Violence;

(7)    Sex Trafficking;

(8)    Stalking; and

(9)    Violation of a Protection Order.”

(G)    Criminal. “Criminal” refers to those offenses under this Code and any other ordinance of the Tribe for which, upon conviction, a person may be subject to a fine or imprisonment, or both, and to the cases involving such offenses or alleged offenses, and to the procedures for their trial or other disposition.

(H)    District Court or Court. “District Court” or “Court” shall mean the court of that name established under the provisions of Title 2 of this Code, and the Judges of that Court, collectively and individually, serving and acting in that office and capacity. The District Court is the lower or general trial Court.

(I)    He, Him and His. “He”, “him and “his” shall mean the masculine, feminine and neuter forms as appropriate unless a particular masculine, feminine or neuter form is necessary for the phrase to have meaning.

(J)    Judge. “Judge” means a Judge or Special Judge of the District Court or Court of Appeals.

(K)    Indian. “Indian” shall mean any person who is of Indian descent who is a member of any recognized Indian tribe under federal jurisdiction at the time of the event.

(L)    Party. “Party” shall mean any person who is a participant, or involved in or the subject of or to, whether active or inactive, voluntary or involuntary, including one made a party by the action of another person in or to any case, trial, hearing, controversy, matter, relationship, or proceeding which is encompassed within any procedure under this Code.

(M)    Person. “Person” shall mean any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, corporation, association, society, political entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise; provided, that the term does not include the federal government and any agency thereof, the government of the Tribe an any governmental entities of the Tribe, or any of the above listed forms of business entities that are wholly owned or operated by the Tribe.

(N)    Property. “Property” shall mean realty and personal, of whatever nature, including fixtures, money, claims, intangible rights and interest in property.

(O)    Reservation. “Reservation” shall mean the Prairie Band Potawatomi Indian Reservation established in Article 4 of the Treaty with the Potawatomi Nation, dated June 17, 1846, 9 Stat. 853, including all lands, islands, waters, roads, or any interests therein, whether in trust or non-trust status and notwithstanding the issuance of any patent or right-of-way, and such other lands, islands, waters or any interest therein hereafter added to the Reservation. As required by the tribal constitution, “Reservation” shall also mean all existing or future territory to which it is possible to extend the Nation’s jurisdiction or authority, including, without limitation, territory within the exterior boundaries of Indian country of the Nation or of its members and all property held by the United States in trust for the Prairie Band Potawatomi Nation or in trust for a member of the Prairie Band Potawatomi Nation.

(Amended by PBP TC No. 2008-121, May 22, 2008)

(P)    Tribal Council or Council. “Tribal Council” or “Council” shall mean the Tribal Council of the Tribe existing and functioning pursuant to the Constitution and By-laws of the Tribe.

(Q)    Tribal Court System, Tribal Courts or Courts. “Tribal Court System” or “Tribal Courts” or “Courts” shall mean all of the courts established under this Code.

(R)    Tribe. “Tribe” or “Nation” shall mean the Prairie Band Potawatomi Nation, recognized by the federal government and operating pursuant to the Tribal Constitution and By-laws, and “tribal” shall mean belonging or pertaining to the Nation.

(Enacted by PBP TC No. 92-55, 1 November 18, 1992; amended by PBP TC No. 2002-081, June 14, 2002; amended by PBP TC No. 2008-121, May 22, 2008; amended by PBP TC No. 2023-276, September 21, 2023)