Chapter 2.30
PROCEEDINGS RAISING TRIBAL JURISDICTION OR SOVEREIGNTY
Sections:
2.30.010 Findings and purpose.
2.30.030 Manner and timing of notice.
2.30.040 Tribal participation following notice.
2.30.050 Failure to give notice.
2.30.010 Findings and purpose.
(1) Findings.
(a) The Tulalip Tribes has a compelling interest in protecting Tribal sovereignty and jurisdiction; and
(b) Tribal sovereignty and jurisdiction may be questioned in cases in the Tribal Court in which the Tribes or any agency, officer, or employee thereof is not a party; and
(c) With adequate, timely, and uniform notice of cases in the Tribal Court that question Tribal sovereignty and jurisdiction, the Tribes can effectively assess whether and how to participate in such cases.
(2) Purpose. The purpose of this chapter is to provide the Tribes with adequate, timely, and uniform notice of any and all cases in the Tribal Court that question Tribal sovereignty and jurisdiction and in which the Tribes or any agency, officer, or employee thereof is not a party. [Ord. 100 § 1, 6-8-1999 (Res. 99-135)].
2.30.020 Notice required.
(1) Party to Give Notice. Any party to litigation before the Tribal Court that questions Tribal sovereignty or jurisdiction in any action or proceeding in the Tribal Court will give notice in writing to the Tribal Chairperson and Tribal Legal Department of the action or proceeding. Notice required under this chapter does not authorize a party to name the Tribes or any agencies, officers, or employees thereof as a party to any action or proceeding and shall not waive the immunity of the Tribes.
(2) Clerk to Inform Party of Notice Requirement. The Clerk of the Tribal Court will inform all parties in writing of the notice required under this chapter. [Ord. 100 § 2, 6-8-1999 (Res. 99-135)].
2.30.030 Manner and timing of notice.
(1) Advance Notice. Notice to the Tribes required under this chapter will be made not less than 30 days before Tribal sovereignty or jurisdiction is questioned in any action or proceeding.
(2) Notice by Certified Mail. Notice by a party required to give notice under this chapter will be made by certified mail.
(3) Proof of Notice Filed with the Court. Any party required to give notice under this chapter will simultaneously file proof with the Tribal Court that notice has been given as required by this chapter. [Ord. 100 § 3, 6-8-1999 (Res. 99-135)].
2.30.040 Tribal participation following notice.
(1) Intervention. Upon timely motion or application, the Tribes may intervene as a matter of right in any action or proceeding in the Tribal Court that questions Tribal sovereignty or jurisdiction. Upon intervening under this chapter, the Tribes may assert any and all available claims and defenses and may present any and all admissible evidence relating to the question of its sovereignty or jurisdiction, and is entitled to the same relief, including costs, as if the Tribes had instituted a separate action or proceeding; provided, that the Tribes will not be required to pay costs in any action or proceeding in which it has intervened under this chapter. Intervention under this chapter does not limit or otherwise affect the right of the Tribes to maintain or otherwise intervene in actions or proceedings in the Tribal Court.
(2) Amicus Curiae. Upon timely motion or application, the Tribes may appear as amicus curiae (friend of the Court) in any action or proceeding that questions Tribal sovereignty or jurisdiction.
(3) No Participation. The Tribes may determine that it is the best interest of the Tribes not to intervene, appear as amicus curiae, or otherwise participate in an action or proceeding in the Tribal Court that questions Tribal sovereignty or jurisdiction. [Ord. 100 § 4, 6-8-1999 (Res. 99-135)].
2.30.050 Failure to give notice.
(1) Failure to Give Notice Not Jurisdictional or Waiver of Rights. The failure of a party to give notice as required by this chapter does not deprive the Court of jurisdiction and is not a waiver of any rights otherwise timely asserted. Any notice given under this law is not a substitute for, or a waiver of, any other pleading requirement under Tribal law.
(2) Late Notice. If the Court or a party discovers that notice to the Tribes under this law should have been but has not been given, the Court or party will promptly give notice in writing to the Tribes as required by this chapter. The Court may stay the action or proceeding at any stage to allow compliance with this chapter. If final judgment has already been entered, the Tribes may motion or apply for rehearing as of right and the Court will entertain promptly any motions or applications for rehearing by the Tribes.
(3) Civil Sanctions. The Court on its own motion or on motion of the Tribes may impose civil sanctions on any party for failure to give notice as required by this chapter, and may use other reasonable means to cure any significant harm caused by failure to give notice as required by this chapter. [Ord. 100 § 5, 6-8-1999 (Res. 99-135)].