CHAPTER 2-1
GENERAL PROVISIONS
2-1-1 Authorization.
Pursuant to the Constitution, the Tribe hereby establishes a Dispute Resolution System that includes a Judicial Council and a Peacemakers Circle. The Judicial Council shall possess all judicial authority and shall include a District Court Judge, a Court of Appeals and an Employment Disputes Tribunal. The Peacemakers Circle shall be a separate mediating branch.
2-1-2 Consent to Jurisdiction.
The act of entry within the exterior boundaries of the Reservation and or the performance of any act specified in Section 1-1-1 of Title 1 of this Code shall be considered consent to the jurisdiction of the Tribe and the Tribal Courts.
(Amended by PBP TC No 2002-081, June 14, 2002)
2-1-3 Tribal Court Jurisdiction.
(A) The Nation has a vital self-government interest in the exercise of the jurisdiction of its Tribal Courts over all matters to the full extent not prohibited by federal law. Under Article I, Sec. 1, of the Nation’s Constitution, the authority and jurisdiction of the Nation’s courts shall extend to the fullest extent possible, including, without limitation, (a) to any and all persons, including non-members and members of the Nation and including any corporation, other entity or any person located or doing business on the Nation’s Reservation and (b) to all surface, subsurface or other territory or real or personal property of any nature within the Nation’s Reservation. The establishment of a judicial system and the parameters of its jurisdiction are fundamental attributes of sovereignty and are necessary instruments of self-government and territorial management, which derive from the Nation’s general authority, as sovereign, to control activity within its jurisdiction. The development of tribal courts plays an important role in furthering the goal of tribal self-government. They also provide orderly and fair procedures for resolving conflicts that reflect tribal traditions and prevailing community standards of the reservation area. Exclusive Tribal Court jurisdiction where such jurisdiction is not prohibited by federal law is necessary in order to preserve the Tribal Court as an integral part of tribal self-government. The exercise of state or federal court jurisdiction over such matters would infringe upon the Nation’s right of self-government and undermine the authority and purpose of its tribal courts.
Congress has acknowledged and declared the strong federal interest in the protection and promotion of tribal courts as an essential function of tribal self-government. Pursuant to 25 U.S.C. §3601:
“The Congress finds and declares that-
(1) there is a government-to-government relationship between the United States and each Indian tribe;
(2) the United States has a trust responsibility to each tribal government that includes the protection of the sovereignty of each tribal government;
(3) Congress, through statutes, treaties, and the exercise of administrative authorities, has recognized the self-determination, self-reliance, and inherent sovereignty of Indian tribes;
(4) Indian tribes possess the inherent authority to establish their own form of government, including tribal justice systems;
(5) tribal justice systems are an essential part of tribal governments and serve as important forums for ensuring public health and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized tribal justice systems as the appropriate forums for the adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the maintenance of the culture and identity of Indian tribes and to the goals of this chapter...”
Indian tribes have a strong interest as a sovereign in regulating economic activity within their own territory, and they may enact laws governing such activity. A tribe may regulate the activities of nonmembers who enter consensual relationships through commercial dealings, contracts, leases, or other arrangements and may also exercise civil authority over the conduct of non-members on any lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe. Such consensual relationships with non-members include all transactions where the Nation or its members are involved, either directly or indirectly, in the activity to which the transaction relates. Tribal regulation of and jurisdiction over non-members may also be appropriate under other circumstances.
Congress has recognized and declared under 25 U.S.C. §2701(5) that “Indian tribes have the exclusive right to regulate gaming activity on Indian lands” as long as the activity does not violate federal law or state criminal law. This exclusive right to regulate gaming facilities includes the right to determine when and how to compensate for claims for injuries occurring with respect to such gaming facilities. The Nation has a significant governmental and economic self-determination interest in all matters pertaining to its gaming facilities on its reservation.
(B) The Tribal Courts shall have general civil jurisdiction over all civil actions arising under the Tribal Constitution, the Tribal Law and Order Code, and the Tribal Common Law, over all civil claims which arise within the tribal jurisdiction, and over all transitory claims in which the defendants may be served within the tribal jurisdiction. The Tribal Courts shall have exclusive jurisdiction over all civil matters except where tribal jurisdiction is prohibited by federal law. Personal jurisdiction shall exist over all defendants served within the territorial jurisdiction of these Courts, or served anywhere in cases arising within the territorial jurisdiction of the Tribe, and over all persons consenting to such jurisdiction. The determination of whether the Tribal Court has jurisdiction over Indians or non-Indians will be conducted in the first instance in the Tribal Court itself.
(C) Tort Claims arising from Gaming Facilities. All tort claims arising from injuries directly or indirectly involving or related to the Nations’ gaming facilities shall be adjudicated in Tribal Court. This applies to any and all tort claims that may be brought against the Nation, the manager of the Nation’s facilities, their employees or agents and any related or other persons. “Gaming facilities” includes all those facilities known as the Nation’s casino, together with all buildings and all related roads, parking lots, access ramps, structures, developments and improvements used directly or indirectly in connection with the casino.
This subsection is expressly intended by the Nation to constitute the exclusive means of adjudication of such tort claims by patrons, invitees, guests, employees and other persons, and the Nation expressly withholds its consent to suit in any forum other than Tribal Court for these or any other matters. Under the Nation’s Gaming Compact with the State of Kansas, the Nation has adopted and will apply in its Tribal Court the Kansas Tort Claims Act for patron claims to the extent the Act is consistent with federal and tribal law. Pursuant to Compact Sec. 3(E), in such suits the Nation’s insurer may not invoke tribal sovereign immunity up to the specified policy limits. All tort claims shall be brought in Tribal Court regardless of whether the Nation is or is not named as a party. For claims arising from or related to the Nation’s gaming facilities or activities, the Nation shall exercise exclusive jurisdiction for both Indian and non-Indians. Compact Sec. 14(A) states that with respect to all transactions or activities that relate to Class III gaming on the reservation, the Nation shall exercise civil jurisdiction over both Indians and non-Indians. The Compact does not authorize state or federal courts to assume civil jurisdiction over the adjudication of gaming related or other matters.
(D) The Tribal Courts shall have “Special Tribal Criminal Jurisdiction (STCJ)” as a “participating tribe,” defined within 25 U.S.C. 1304 (2022), subject to applicable exceptions defined therein.
(Amended by PBP TC No 2002-081, June 14, 2002; amended by PBP TC No. 2023-276, September 21, 2023)
2-1-4 Criminal Jurisdiction.
The Courts shall have original jurisdiction over all criminal offenses enumerated and defined in any ordinance adopted by the Prairie Band of Potawatomi Indian Tribe insofar as not prohibited by federal law.
2-1-5 Probate Jurisdiction.
To the extent permitted by federal law the Courts shall have probate jurisdiction over all of the real and personal property located within the jurisdiction of these Courts at the time of death, and the personal property, wherever located, of any person who is domiciled within the boundaries of the jurisdiction of these Courts at the time of death.
2-1-6 Juvenile Jurisdiction.
The Juvenile Division of the District Court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent or neglected children, children in need of supervision, or children under the age of eighteen (18) accused of crime, when such children are found within the jurisdiction of these Courts, or when jurisdiction is transferred to these Courts pursuant to law. The Court of Appeals shall hear appeals in juvenile cases as in other civil actions.
2-1-7 Law to be Applied.
The Courts shall first apply the Tribal Constitution and this Code, as amended hereafter. In matters not covered by such law, the Courts shall apply traditional tribal customs and usages, which shall be called the Tribal Common Law. When in doubt as to the Tribal Common Law, the Courts may request the advice of counselors and tribal elders familiar with it. In any dispute not covered by the tribal Constitution, this Code, or Tribal Common Law, the Courts may apply any law of the United States or any State. Except as required by federal law, no such federal or state law shall govern the Courts unless specifically incorporated into tribal law by amendment to the Tribal Law and Order Code or made applicable by a decision of the Tribal Courts adopting such federal or state law as Tribal Common Law.