CHAPTER 1-7
TRIBAL NOTICE
(Chapter adopted 10/9/01)
§ 1-7-1 Findings
(a) The Nez Perce Tribe has a compelling interest in protecting tribal sovereignty and jurisdiction and the validity of tribal laws; and
(b) Tribal sovereignty and jurisdiction or the validity of tribal law may be questioned in cases in the Tribal Court or the Nez Perce Tribal Court of Appeals in which the Nez Perce Tribe 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 or the Nez Perce Tribal Court of Appeals that question tribal sovereignty and jurisdiction or the validity of tribal law, the Nez Perce Tribe can effectively assess whether and how to participate in such cases.
§ 1-7-2 Purpose
The purpose of this Chapter is to provide the Nez Perce Tribe with adequate, timely, and uniform notice of any and all cases in the Tribal Court or the Nez Perce Tribal Court of Appeals that question tribal sovereignty and jurisdiction or the validity of any tribal law and in which the Nez Perce Tribe or any agency, officer, or employee thereof is not a party.
§ 1-7-3 Notice Required
(a) Upon the filing of any action or proceeding in which the Nez Perce Tribe or any agency, officer or employee thereof is not a party, the Tribal Court or the Nez Perce Tribal Court of Appeals will promptly inform all parties in writing of the requirements of this Chapter. Any party to such a proceeding that questions tribal sovereignty or jurisdiction or the validity of any tribal law will give notice thereof to Chairman of the Nez Perce Tribal Executive Committee and the Office of Legal Counsel. Such notice will identify the action or proceeding and will include a brief written explanation of the grounds upon which tribal sovereignty or jurisdiction or the validity of tribal law is being questioned. Any party giving notice under this Chapter will simultaneously file proof with the Tribal Court or the Nez Perce Tribal Court of Appeals that notice has been given as required by this Chapter.
(b) If notice is required under this Chapter, upon the Nez Perce Tribe's timely written request, the Tribal Court or the Nez Perce Tribal Court of Appeals or any party will timely serve copies of all subsequent filings and orders in the case on the Chairman of the Nez Perce Tribal Executive Committee and the Office of Legal Counsel.
§ 1-7-4 Manner and Timing of Notice
(a) Notice required under this Chapter will be given in writing and simultaneously with the raising of a question about tribal sovereignty or jurisdiction or the validity of any tribal law.
(b) Notice required under this Chapter will be made by certified mail.
§ 1-7-5 Tribal Participation Following Notice
(a) Upon timely motion or application, the Nez Perce Tribe may intervene as a matter of right in any action or proceeding in the Tribal Court or the Nez Perce Tribal Court of Appeals that questions tribal sovereignty or jurisdiction or the validity of any tribal law. Upon intervening under this Chapter, the Nez Perce Tribe 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 or the validity of any tribal law, and is entitled to the same relief, as if the Nez Perce Tribe had instituted a separate action or proceeding; provided that, the Tribe will not be required to pay costs of litigation in any action or proceeding in which it has intervened under this Chapter. Intervention under this Chapter does not abridge, limit, or otherwise affect the right of the Nez Perce Tribe to commence, maintain, defend, or otherwise intervene in actions or proceedings in the Tribal Court or the Nez Perce Tribal Court of Appeals.
(b) Upon timely motion or application, the Nez Perce Tribe may appear as amicus curiae (friend of the court) in any action or proceeding that questions tribal sovereignty or jurisdiction or the validity of any tribal law.
(c) The Nez Perce Tribe may timely determine that it is in the best interest of the Tribe not to intervene, appear as amicus curiae, or otherwise participate in an action or proceeding in the Tribal Court or the Nez Perce Tribal Court of Appeals that questions tribal sovereignty or jurisdiction or the validity of any tribal law.
§ 1-7-6 Information Sharing and Consultation
In any action or proceeding in the Tribal Court or the Nez Perce Tribal Court of Appeals that questions tribal sovereignty or jurisdiction or the validity of any tribal law in which the Nez Perce Tribe does not intervene or appear as amicus curiae, the Nez Perce Tribe may nevertheless share important knowledge with any party involved in the action or proceeding. This could include assistance in responding to formal discovery requests or acting as an informal consultant.
§ 1-7-7 Timeliness of Participation Determinations
Unless the Tribal Court or the Nez Perce Tribal Court of Appeals orders otherwise, where timely and proper notice has been given under this Chapter, the Nez Perce Tribe will notify the Tribal Court or the Nez Perce Tribal Court of Appeals and parties in writing within sixty (60) days of receipt by the Tribe of such notice of any determination to participate in any action or proceeding by way of intervention or appearance as amicus curiae.
§ 1-7-8 Failure to Give Notice Not Jurisdictional or Waiver of Rights
The failure of the Tribal Court or the Nez Perce Tribal Court of Appeals or any party to give notice as required by this Chapter does not deprive the Tribal Court or the Nez Perce Tribal Court of Appeals of jurisdiction and is not a waiver or modification of any rights otherwise timely asserted by any party. Any notice given under this Chapter is not a substitute for, or a waiver or a modification of, any other requirement under this Code.
§ 1-7-9 Late Notice
If the Tribal Court or the Nez Perce Tribal Court of Appeals or any party discovers that notice to the Nez Perce Tribe under this Chapter should have been but has not been given, the Tribal Court or the Nez Perce Tribal Court of Appeals or party will promptly give notice in writing to the Tribe as required by this Chapter. The Tribal Court or the Nez Perce Tribal Court of Appeals may stay the action or proceeding at any stage to allow compliance with this Chapter. If final judgment has already been entered, the Tribe may motion or apply for rehearing as of right, the Tribal Court or the Nez Perce Tribal Court of Appeals will entertain promptly any such motions or applications for rehearing by the Tribe, and in disposing of such motions the Tribal Court or the Nez Perce Tribal Court of Appeals, for good cause shown, may vacate a judgment or any portion thereof.
§ 1-7-10 Civil Sanctions
The Tribal Court or the Nez Perce Tribal Court of Appeals may impose civil sanctions on any party for willful or unreasonable 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.
§ 1-7-11 Jurisdiction
Nothing in this Chapter shall be deemed or construed to deprive, limit, or extend the jurisdiction of the Tribal Court or the Nez Perce Tribal Court of Appeals.
§ 1-7-12 Sovereign Immunity
Notice required under this Chapter does not authorize any party to name the Nez Perce Tribe or any agencies, officers, or employees thereof as a party to any action or proceeding. Nothing in this Chapter shall be deemed or construed as a waiver or limitation of the sovereign immunity from suit of the Nez Perce Tribe, its agencies, officers, or employees.