CHAPTER 1-6

NEZ PERCE TRIBAL CIVIL RIGHTS ACT

(Chapter added 10/24/00)

§ 1-6-1 Title

    This chapter shall be known as the Civil Rights Act of the Nez Perce Tribe.

§ 1-6-2 Civil Rights of Persons Within Tribal Jurisdiction

    The Nez Perce Tribe in exercise of its sovereign powers of self government shall not:

(a)     Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the tribal council for a redress of grievances.

(b)     Take private property for public use without just compensation.

(c)     Make or enforce any law which divests title of a tribal member or his heirs or assigns to an allotment of tribal land.

(d)     Deny any person within its jurisdiction the equal protection of the law or to deprive any person within its jurisdiction of liberty or property without the due process of the law.

(e)     Subject any person for the same tribal offense to be twice put in jeopardy.

(f)     Compel any person in any criminal case to be witness against himself.

(g)     Deny any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense, to have assistance of counsel and to have these rights explained to him at the time of arrest. If the defendant can show to the satisfaction of the court that he cannot afford counsel, counsel may be provided at tribal expense if funds for this purpose are available in the tribal judicial budget.

(h)     Require excessive bail, impose excessive fines, inflict cruel and unusual punishments.

(i)     Pass any bill of attainder or ex post facto law.

(j)     Violate the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.

(k)     Full Disclosure

    The members of the Nez Perce Tribe are guaranteed full disclosure of information concerning criminal and civil proceedings in which they are a party, pursuant to §1-1-6 of Chapter 1-1, Administration of Tribal Court of the Nez Perce Tribal Code.