CREATIVE CIVIL REMEDIES
|
|
- Donald Perkins
- 5 years ago
- Views:
Transcription
1 CREATIVE CIVIL REMEDIES Presented By: Michelle Rivard Parks, Associate Director, Tribal Judicial Institute, UND School of Law Ramona Tsosie, Consultant VIEWS ON THE LAW Our views on the purpose of the law Our views on what believe justice is These are the things that drive what we are doing in our court in terms of process and in terms of the remedies that we institute with respect to disputes that we are resolving 2 Views on the Law In many tribal communities the law is viewed as: Reflecting a way of life or a way of living (culture, custom & tradition) In this way law is linked to personal relationships, community and spirituality Law can define: familial ties & clanships ie. Pueblo divide into moities connected to patrilineal lines and there are established rules governing this process ; also traditional adoptions (may suspend versus terminate parental rights) Community reparation ie. Yurok fishing practices define territory; trespass into another s fishing territory can result in liability Community standards and norms 1
2 Law as Life cont d Focus tends to be on correcting behavior & repairing relationships Customary law derives from a long history of practice For some tribes law is derived from spirituality and hence the two cannot be separated Tribal law was often based upon community and family values, norms, and morals. Tribal Law was historically oral and not written so familiarity with the community is key; if special judges are being used there should be a means for them to gain an understanding of such matters/ histories Once you have determined the purpose for the law and once you have defined what justice means in your community you can begin to fashion creative remedies that will help to achieve or meet those definitions 5 REMEDIES 101 MONEY DAMAGES FEES DETENTION All of these are used to effectuate justice &/or force compliance with court orders Let s discuss Are these the only or the best remedies to resolve disputes &/or effectuate justice what are your thoughts? 6 2
3 Effective Remedies To determine whether a remedy is effective we must discuss our views of laws and justice Purpose of Law to set standards of acceptable conduct, to prohibit certain types of conduct and to exercise or regulate conduct within a tribal community Purpose of Remedy to institute appropriate measures in response to regulated or prohibited conduct Justice views might help us to fashion remedies designed to: To punish To force compliance To restore harmony and balance To make a victim whole To compensate for loss or injury Etc? How do you view justice? 7 WHY DO WE NEED TO BE CREATIVE? 8 Tribal Courts are exercising civil jurisdiction over Indians AND non-indians Tribes are somewhat constrained in terms of when we can regulate the conduct of non-indians at least on fee lands (recall Montana v. U.S) Tribal Courts are constrained in terms of when we can bring non-indians before tribal courts (in other words the Tribe s adjudicatory authority cannot exceed it s legislative authority recall Strate v. A-1 Contractors) Tribal Courts are constrained in terms of what we can do with non-indians (at least in terms of accountability through detention; recall Oliphant v. Suquamish) 9 3
4 JURISDICTION OVER INDIANS & NON-INDIANS Often civil cases arise in disputes involving: Domestic Violence Children & Families Divorce between non-indian and Indian domiciled il d on reservation Child custody when child domiciled on reservation Child support when child domiciled on reservation Regulation by Tribe (taxation; zoning etc.) Oftentimes these types of cases may warrant creative civil remedies 10 CIVIL JX. IN DOMESTIC VIOLENCE Civil Courts may be involved in Domestic Violence cases through: Orders of protection Child custody Child visitation Restitution Housing Others? 11 WHY BE CREATIVE? The majority of perpetrators of domestic violence against Native women are non-indian. Indian tribes have no authority to prosecute non-indians who commit crimes in Indian Country. Tribes have limited authority over non-indians in civil matters, but can use that power creatively. 12 4
5 Congressional Authorization /Approval to Enforce P.O. s Congressional Approval to Enforce Protection Orders VAWA 18 U.S.C (e) Tribal courts have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands and other appropriate mechanism; in matters arising within the authority of the tribe. Enforcement of Tribal P.O. s by other states and tribes: Full Faith and Credit 18 U.S.C (a) Any protection order issued that has complied with due process (issuing state or Indian tribe) shall be afforded full faith and credit by the court of another state or Indian tribe (enforcing court) as if the order were its own. 13 WHAT ARE SOME CREATIVE CIVIL REMEDIES? 14 EXAMPLES OF CIVIL REMEDIES IN INDIAN COUNTRY Contempt of Court (Civil vs. Criminal) Exclusion Fines and Fees Restitution n Attorneys Fee s and Court Costs Completion of Batterer Re-education Program Community Service Forfeiture Loss of Licensure or Privileges 15 5
6 CRIMINAL CONTEMPT (DIRECT CONTEMPT) Occurs directly before the court. Improperly challenging or ignoring the court s authority. Interference with the ability of the court to function (e.g. yelling at the judge, threatening a witness, refusing to sit down or remain quiet when ordered). Proof of criminal contempt is beyond a reasonable doubt The accused criminal contemnor has the right to counsel (but not appointed counsel under ICRA). A criminal contemnor may be jailed and/or fined as punishment. Inherent power of the court includes ability to hold all persons before the court in criminal contempt? 16 CIVIL CONTEMPT (INDIRECT CONTEMPT) Willful disobedience of a court order occurring outside the court s presence (e.g. failure to pay spousal or child support, violation of custody or visitation orders). Proof of civil contempt is by a preponderance of the evidence. No right to counsel, but there is a right to due process. May include incarceration until the individual performs a specific act(s) as ordered by the court to purge the contempt. Incarceration is meant to coerce the civil contemnor into compliance with the court s order, not as punishment. Reality: tribal court judges are often hesitant to jail non-indians. What are some other means that can be used to force compliance? 17 EXCLUSION FROM INDIAN LANDS By tribal court order By resolution of tribal council By decree from chief executive of the tribe (governor, president, chairperson, etc.) What if non-indian owns fee land within the reservation? Remedies for violation of exclusion order? 18 6
7 FINES AND FEES Tribal court criminal jurisdiction limits maximum penalty to $5,000 fine and up to one year of incarceration Tribal court civil jurisdiction is unlimited as to monetary amount of fines Can use fees creatively: impounded car or seized weapon incurs significant storage fees 19 RESTITUTION Compensation for loss from illegal activity Can include: Medical, dental, counseling bills Property damage/loss Lost wages Changing locks, installing alarm or other security systems, Reimbursement for transportation to and from court, etc. 20 Attorney s Fees and Court Costs Reimbursement for actual cost of counsel by victim Reimbursement to agency providing representation although no cost to victim (e.g. based on hourly pay to legal services attorney) Filing fees Witness fees (including experts) Service of process fees 21 7
8 DOMESTIC VIOLENCE: BATTERER RE-EDUCATION Can be on-reservation, intensive program (52 weeks etc.) At batterer s own expense Can also order counseling, in-patient (enforcement issues?) or outpatient substance abuse, alcohol, or psychiatric treatment Many Tribes have begun to work with offenders using spiritual teachings and customary teachings to re-educate offenders 22 COMMUNITY SERVICE Trash collection Public speaking to groups and organizations re. D.V. Providing labor for ceremonies (wood chopping, water hauling, etc.) Converting some/all of fines to community service (e.g. at an hourly rate) 23 FORFEITURE Due process: notice and opportunity to be heard. Can t be automatic forfeiture. Means of transportation used to facilitate D.V. can be forfeited Firearms or other weapons (Tribes can adopt own firearms codes stricter than federal code) Forfeited item can be destroyed or sold by tribe (melt down guns, sell car at auction, etc.) 24 8
9 LOSS OF LICENSURE OR PRIVILEGE Tribal business license Tribal employment Hunting or fishing licenses (if issued to non-members) Possession of firearm or other weapon on tribal lands privilege 25 MISCELLANEOUS Garnishment of wages issues: tribal vs. state court orders, tribal vs. off-reservation employment Attachment of property for sale to satisfy judgment 26 FINAL NOTES Codification of remedies can be helpful BUT Be sure that the remedies provisions in codes don t tie the judge in to to the point that the Judge cannot institute measures to effectuate justice? How can we do that? Include discretionary remedies provisions the Judge may in their discretion order any or all of the following. 27 9
ENFORCING PROTECTION ORDERS USING TRIBAL CIVIL AND CRIMINAL CONTEMPT POWERS
ENFORCING PROTECTION ORDERS USING TRIBAL CIVIL AND CRIMINAL CONTEMPT POWERS Presenters Hon. Steven D. Aycock- Judge-in-Residence, National Council of Juvenile and Family Court Judges Honorable Kelly Gaines
More informationTRIBAL PROTECTION ORDERS
TRIBAL PROTECTION ORDERS Enforcing protection orders generally and for VAWA Special Domestic Violence Criminal Jurisdiction over non-indian (SDVCJ) cases 2 Presenters Hon. Steven D. Aycock- Judge-in-Residence,
More information, ) Civil No. ) Petitioner, ) ) DOMESTIC VIOLENCE vs. ) PROTECTION ORDER ), ) ) Respondent. ) TO THE RESPONDENT:
STATE OF NORTH DAKOTA COUNTY OF IN THE DISTRICT COURT JUDICIAL DISTRICT, Civil No. Petitioner, DOMESTIC VIOLENCE vs. PROTECTION ORDER, Respondent. TO THE RESPONDENT: A hearing having been held and the
More information3) Craft protection orders to enhance the ability of courts to criminally enforce them.
14th National Indian Nations Conference: Justice for Victims of Crime. December 11, 2014 Hon. Steven D. Aycock (Ret.) Judge-in-Residence National Council of Juvenile and Family Court Judges Victoria Sweet
More informationSKOKOMISH TRIBAL CIVIL TRESPASS ORDINANCE. Adopted by Resolution No (September 1, 2004) TABLE OF CONTENTS
SKOKOMISH TRIBAL CIVIL TRESPASS ORDINANCE Adopted by Resolution No. 04-106 (September 1, 2004) TABLE OF CONTENTS AUTHORITY AND PURPOSE 3.07.001 Constitution of the Skokomish Indian Tribe 3.07.02 Purpose
More information5B1.1 GUIDELINES MANUAL November 1, 2015
5B1.1 GUIDELINES MANUAL November 1, 2015 PART B - PROBATION Introductory Commentary The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C. 3561. Probation may
More informationThe Law of Contempt. Child Support & Contempt. Civil Contempt: Purpose. John L. Saxon UNC School of Government May 1, Focus.
The Law of Contempt John L. Saxon UNC School of Government May 1, 2009 Child Support & Contempt Order or judgment providing for periodic payment of child support May be enforced via civil contempt Disobedience
More informationNORTHERN ARAPAHO CODE TITLE 21. CODE OF CRIMINAL PROCEDURE
NORTHERN ARAPAHO CODE TITLE 21. CODE OF CRIMINAL PROCEDURE Chapter 1: General Provisions Section 101 Introductory Provisions 102 Purpose and Construction Chapter 2: Lesser Included Offenses and Double
More informationThe Court Response to Intimate Partner Abuse Chapter 13 DR GINNA BABCOCK
The Court Response to Intimate Partner Abuse Chapter 13 DR GINNA BABCOCK Introduction With criminalization of domestic violence, lines between criminal and civil actions are blurring Protection and relief
More informationCIVIL JURISDICTION IN INDIAN COUNTRY
CIVIL JURISDICTION IN INDIAN COUNTRY Radisson Fort McDowell December 8-9, 2011 Tribal Judicial Institute UND School of Law The Tribal Judicial Institute established in 1993 with an award from a private
More informationCITIZEN POTAWATOMI NATION DOMESTIC VIOLENCE AND PREVENTION OF DOMESTIC ABUSE TITLE 14
CITIZEN POTAWATOMI NATION DOMESTIC VIOLENCE AND PREVENTION OF DOMESTIC ABUSE TITLE 14 CHAPTER SECTION 1 DOMESTIC VIOLENCE AND PREVENTION OF DOMESTIC ABUSE Title of Code 101 Objective 102 Authority of the
More informationPUBLIC LAW NO H. B. NO , HS1, SD1 AN ACT
HOUSE OF REPRESENTATIVES FIFTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 00 PUBLIC LAW NO. --0 H. B. NO. -, HS, SD AN ACT To reform the laws governing probation and suspended
More informationFULL FAITH AND CREDIT IN INDIAN COUNTRY
FULL FAITH AND CREDIT IN INDIAN COUNTRY Sarah Henry, Attorney Advisor National Center on Protection Orders and Full Faith & Credit National Center on Protection Orders and Full Faith & Credit National
More informationSession of HOUSE BILL No By Committee on Corrections and Juvenile Justice 1-18
Session of 0 HOUSE BILL No. 00 By Committee on Corrections and Juvenile Justice - 0 AN ACT concerning crimes, punishment and criminal procedure; relating to sentencing; possession of a controlled substance;
More information(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release
Title: New Jersey Bail Reform Act Section 1: Release or detention of a defendant pending trial 1 a. In general This Section shall be liberally construed to effectuate the purpose of relying upon contempt
More information18 U.S.C discretionary restitution. (a) (1)
18 U.S.C. 3663 discretionary restitution (a) (1) (A) The court, when sentencing a defendant convicted of an offense under this title, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances
More informationLITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 9.705 CIVIL PROTECTION ORDERS A. Requirements for an order. 1. Eligible petitioners: a. Any person who is or has been a victim of domestic violence may file a
More informationWho Is A Victim? Example 1: Marvin pistol whips his wife Shirley in front of their 2 children and her elderly mother
Presented by Hallie Bongar White and John Chapman Young Materials by Hallie Bongar White and Kelly Gaines Stoner Who Is A Victim? Example 1: Marvin pistol whips his wife Shirley in front of their 2 children
More informationBuilding Tribal Capacity to Exercise TLOA Enhanced Sentencing and/or VAWA Special Domestic Violence Criminal Jurisdiction over Non-Indians
Building Tribal Capacity to Exercise TLOA Enhanced Sentencing and/or VAWA Special Domestic Violence Criminal Jurisdiction over Non-Indians Jerry Gardner, Executive Director Lauren Frinkman, Tribal Law
More informationNC General Statutes - Chapter 5A 1
Chapter 5A. Contempt. Article 1. Criminal Contempt. 5A-1. Reserved for future codification purposes. 5A-2. Reserved for future codification purposes. 5A-3. Reserved for future codification purposes. 5A-4.
More informationKALISPEL TRIBE OF INDIANS
KALISPEL TRIBE OF INDIANS 8-6.06 EXPARTE TEMPORARY ORDER FOR PROTECTION Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued
More informationNEW MEXICO. New Mexico 1
NEW MEXICO 40-13-1. Short title. This act [40-13-1 to 40-13-7 NMSA 1978] may be cited as the "Family Violence Protection Act". History: Laws 1987, ch. 286, 1. 40-13-2. Definitions. As used in the Family
More informationUsing Full Faith & Credit to Protect Survivors of Domestic Violence & Stalking
Using Full Faith & Credit to Protect Survivors of Domestic Violence & Stalking Sarah Deer Staff Attorney Tribal Law and Policy Institute SLIDES DEVELOPED BY THE NATIONAL CENTER ON FULL FAITH CREDIT Full
More informationAN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY
AN ACT RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING THE PENALTY FOR HOMICIDE BY VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING PENALTIES
More informationHO-CHUNK NATION LEGISLATURE
HO-CHUNK NATION LEGISLATURE Governing Body of the Ho-Chunk Nation HO-CHUNK NATION CODE (HCC) TITLE 3 HEALTH AND SAFETY CODE SECTION 2 PUBLIC NUISANCE ACT ENACTED BY LEGISLATURE: AUGUST 22, 2000 AMENDED
More informationTHE FAMILY VIOLENCE ACT. A. Current and former spouses (including common-law spouses) D. Persons living or formerly living in the same household
THE FAMILY VIOLENCE ACT I. What is the Family Violence Act? O.C.G.A. 19-13-1 et seq. In 1981, the Family Violence Act was enacted to provide civil and criminal remedies to victims of domestic violence.
More information1999 WISCONSIN ACT 109
Date of enactment: May 3, 2000 1999 Senate Bill 125 Date of publication*: May 17, 2000 1999 WISCONSIN ACT 109 (Vetoed in Part) AN ACT to repeal 346.65 (6) (a) 2., 346.65 (6) (m) and 347.413 (2); to renumber
More informationPETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET
PETITION TO MODIFY PROTECTION FROM ABUSE ORDER INSTRUCTION SHEET USE THIS FORM IF YOU NEED TO CHANGE YOUR FINAL OR TEMPORARY PROTECTION FROM ABUSE ORDER. These instructions are meant to give you general
More informationCHAPTER Senate Bill No. 388
CHAPTER 97-271 Senate Bill No. 388 An act relating to court costs; providing legislative intent; creating chapter 938, F.S.; providing for certain mandatory costs in all cases; providing for certain mandatory
More informationORDER MODIFYING SENTENCE
STATE OF FLORIDA IN THE JUDICIAL CIRCUIT IN AND FOR VS Defendant COUNTY, FLORIDA DC No. Docket/UC No. ORDER MODIFYING SENTENCE THIS CAUSE having come before the Court with this order divided into three
More informationJAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 13 TRIBAL COURT
JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 13 TRIBAL COURT Chapters: Chapter 13.01 Establishment of Court Chapter 13.02 Definitions Chapter 13.03 Rules of Court Chapter 13.04 Jurisdiction Chapter 13.05
More informationTitle 13. Tribal Court
Title 13 Tribal Court Chapters: 13.01 Establishment of Court 13.02 Definitions 13.03 Rules of Court 13.04 Jurisdiction 13.05 Appointment and Removal of Judges 13.06 Clerk and Records 13.07 Spokespersons
More informationAssembly Bill No. 510 Select Committee on Corrections, Parole, and Probation
Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing
More informationRoad Transport (General) Amendment (Vehicle Sanctions) Act 2012 No 23
New South Wales Road Transport (General) Amendment (Vehicle Sanctions) Act 2012 No 23 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendments to Road Transport (General) Act 2005 No 11 relating
More informationDiverting Cases to Wellness Court: Strategies for Creative Collaborations for Tribes in Alaska, P.L. 280, and Beyond
Diverting Cases to Wellness Court: Strategies for Creative Collaborations for Tribes in Alaska, P.L. 280, and Beyond Lauren van Schilfgaarde, Tribal Law Specialist, Tribal Law and Policy Institute Alex
More informationENGROSSED HOUSE BILL State of Washington 62nd Legislature 2011 Regular Session
ENGROSSED HOUSE BILL 1775 State of Washington 62nd Legislature 2011 Regular Session By Representatives Goodman and Kagi Read first time 02/01/11. Referred to Committee on Early Learning & Human Services.
More informationANIMAL PROTECTION LAWS OF GEORGIA
ANIMAL PROTECTION LAWS OF GEORGIA 1. GENERAL PROHIBITIONS 2. PENALTIES 3. EXEMPTIONS 4. COUNSELING / EVALUATIONS 5. PROTECTIVE ORDERS 6. RESTITUTION / REIMBURSEMENT OF COSTS / BONDING & LIENS 7. SEIZURE
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 47: GENERAL SENTENCING PROVISIONS Table of Contents Part 3.... Section 1151. PURPOSES... 3 Section 1152. AUTHORIZED SENTENCES... 4 Section 1153. SANCTIONS FOR ORGANIZATIONS...
More informationTITLE 4 LUMMI NATION CODE OF LAWS TRIBAL COURT RULES OF PROCEDURE
TITLE 4 LUMMI NATION CODE OF LAWS TRIBAL COURT RULES OF PROCEDURE Enacted: Resolution S-13 (10/4/1974) Amended Resolution 2003-092 (8/4/2003) Resolution 2007-081 (5/22/2007) (Emergency Adoption of LCL
More informationSupreme Court of Virginia CHART OF ALLOWANCES
Supreme Court of Virginia CHART OF ALLOWANCES February 1, 2018 Supreme Court of Virginia Office of the Executive Secretary Department of Fiscal Services 804/786-6455 www.courts.state.va.us Policy Requiring
More informationHOUSE BILL 299 A BILL ENTITLED
Unofficial Copy 1996 Regular Session E2 6lr1786 CF 6lr1598 By: The Speaker (Administration) and Delegates Genn, Doory, Preis, Harkins, Perry, Jacobs, E. Burns, Hutchins, D. Murphy, M. Burns, O'Donnell,
More informationKITSAP COUNTY DISTRICT COURT, STATE OF WASHINGTON
KITSAP COUNTY DISTRICT COURT, STATE OF WASHINGTON STATE OF WASHINGTON, vs. ASKREN, DONNIE J Plaintiff, Defendant. No. 10134824 Statement of Defendant on Plea of Guilty ( DUI No Test) ( BAC results ) (
More informationTITLE 22. EXCLUSION ARTICLE I EXCLUSION
. EXCLUSION EXCLUSION CHAPTER 1. GENERAL PROVISIONS... 22-1-1 Sec. 22-1101. Definitions... 22-1-1 Sec. 22-1102. Declaration of Policy.... 22-1-2 Sec. 22-1103. Authority.... 22-1-2 CHAPTER 2. PROCEDURAL
More informationThe court will complete the rest of this form. Hearing date: Time: a.m. p.m. This is a Court Order.
DV-110 Clerk stamps date here when form is filed. Person in 1 must complete items 1, 2, and 3 only. 1 Name of protected person: Your age: Address (skip this if you have a lawyer; if you want your home
More informationUsing Tradition and Custom to Promote Healing in Tribal Courts
Using Tradition and Custom to Promote Healing in Tribal Courts Exploring the Impact of Federal Law on the Development of Tribal Courts Stephen L. Pevar December 10, 2014 Palm Springs, California Tribal
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is
For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the
More informationPRAIRIE ISLAND INDIAN COMMUNITY FIREARM ORDINANCE
PRAIRIE ISLAND INDIAN COMMUNITY FIREARM ORDINANCE Section 1.1. Policy. It is the policy of the Prairie Island Indian Community to protect the safety and welfare of persons within the Community by strictly
More informationProtective Orders in Texas
Protective Orders in Texas What is A Protective Order? Types of Protective Orders in Texas Hearings and Required Findings Things You Need to Know Legal Consequences of Protective Order What is a Protective
More informationImplementation of Sections 904 and 908 of the Violence Against Women Reauthorization Act of 2013
Implementation of Sections 904 and 908 of the Violence Against Women Reauthorization Act of 2013 On March 7, 2013, President Obama signed into law the Violence Against Women Reauthorization Act of 2013,
More informationSubstantive/Procedural Law Changes from the 80 th Regular Legislature
Substantive/Procedural Law Changes from the 80 th Regular Legislature Meichihko Proctor Program Attorney & Deputy Counsel Texas Municipal Courts Education Center Procedural Law Changes HB 485 - Restitution
More informationTITLE 6 CRIMINAL PROCEDURE
TITLE 6 CRIMINAL PROCEDURE SECTION 1. SCOPE, PURPOSE AND CONSTRUCTION CHAPTER ONE: PRELIMINARY PROVISIONS...3 SECTION 101. PROSECUTION OF OFFENSES...3 SECTION 102. RIGHTS OF DEFENDANT...3 SECTION 103.
More informationSTATE OF OKLAHOMA. 1st Session of the 53rd Legislature (2011) SENATE BILL 908 By: AS INTRODUCED
STATE OF OKLAHOMA 1st Session of the 53rd Legislature (2011) SENATE BILL 908 By: Shortey AS INTRODUCED An Act relating to immigration; making the smuggling of human beings unlawful; providing penalties;
More informationWHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS
WHITE EARTH NATION DOMESTIC VIOLENCE CODE TITLE 18 CHAPTER ONE PURPOSE, JURISDICTION AND DEFINITIONS Section 1. Purpose The White Earth Domestic Violence Code is construed to promote the following: 1.
More informationRestraining Order After Hearing. List the full names of all family or household members protected by this order: Age:
1 DV-130 Protected person s name: Restraining Order After Hearing Clerk stamps date here when form is filed. (first) (middle) (last) Protected person s address (skip this if you have a lawyer): (If you
More informationCreative Civil Remedies Against Non-Indian Offenders in Indian Country
From the SelectedWorks of Kelly Stoner 2009 Creative Civil Remedies Against Non-Indian Offenders in Indian Country Kelly Stoner, Oklahoma City University School of Law Hallie Bongar White James G. White
More informationArchaeological Resources Protection Act of 1979 (16 U.S.C. 470) 1
Archaeological Resources Protection Act of 1979 (16 U.S.C. 470) 1 AN Act To protect archaeological resources on public lands and Indian lands, and for other purposes. Be it enacted by the Senate and House
More informationBrief Overview of Reforms
Brief Overview of Reforms BRIEF OVERVIEW OF REFORMS Amendment Acts Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 ( CSP Amendment Act ) Passed NSW Parliament 18 October 2017 Makes
More informationFINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST STALKING (AFTER NOTICE)
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA, Petitioner, and Case No.: Division:, Respondent. FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST STALKING (AFTER NOTICE) The
More informationSURREY TOWNSHIP ORDINANCE NO. OF Short Title: Surrey Township Junk and Blight Ordinance
SURREY TOWNSHIP ORDINANCE NO. OF 2000 Short Title: Surrey Township Junk and Blight Ordinance Purpose: An ordinance to provide for the regulation and control of the storage, accumulation and disposition
More informationOrder: Order to Show Cause and Citation
DISTRICT COURT, PARK COUNTY, COLORADO Court Address: P.O. Box 190, 300 Fourth Street, Fairplay, CO, 80440 Plaintiff(s) INDIAN MOUNTAIN CORP v. Defendant(s) INDIAN MOUNTAIN METROPOLITAN DISTRICT DATE FILED:
More informationSAMPLE. Dear Member: CONSULTATION SERVICES
Dear Member: As part of payment of the membership fee and abiding by the terms and conditions of this Contract and any attachments, you will receive the legal services (the "Services") as outlined in this
More informationA Prosecutor s Guide to. Full Faith and Credit for Protection Orders Protecting Victims of Domestic Violence
A Prosecutor s Guide to Full Faith and Credit for Protection Orders Protecting Victims of Domestic Violence A Prosecutor s Guide to Full Faith and Credit for Protection Orders Protecting Victims of Domestic
More informationTraffic Citations L A S V E G A S J U S T I C E C O U R T
Traffic Citations L A S V E G A S J U S T I C E C O U R T Traffic Violation Committed NRS 484A.710 Authorizes an Arrest for Certain Offenses DUI Alcohol/Drugs Fail to Stop w/death/sbh/property Damage Reckless
More informationTRIBAL LAW & ORDER ACT OF 2010, PL AND VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013, PL THE GOOD, THE BAD, AND THE UGLY
TRIBAL LAW & ORDER ACT OF 2010, PL 111-211 AND VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013, PL 113-4 THE GOOD, THE BAD, AND THE UGLY TLOA and VAWA TLOA: Strengthen tribal court systems Allowed tribal
More informationNo. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT
No. 98,736 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. TRAVIS GUNNER LONG, Appellant. SYLLABUS BY THE COURT 1. Interpretation of a statute is a question of law over which
More informationIntroduction to Sentencing and Corrections
Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus
More informationYUROK TRIBE CONTROLLED SUBSTANCES ORDINANCE
Yurok Tribal Code, Public Health and Safety YUROK TRIBE CONTROLLED SUBSTANCES ORDINANCE Pursuant to its authority under Article IV, Section 5 of the Yurok Constitution, as certified on November 24, 1993,
More informationHAVASUPAI TRIBE LAW AND ORDER CODE CHAPTER 18. TOURISM. (Enacted by Reso. No , Effective November 3, 2018) 18.1 PURPOSE
HAVASUPAI TRIBE LAW AND ORDER CODE CHAPTER 18. TOURISM (Enacted by Reso. No. 64-18, Effective November 3, 2018) 18.1 PURPOSE The purpose of this Section is to protect the community and environment of the
More informationWestern Australia. Weapons Act Extract from see that website for further information
Western Australia Weapons Act 1999 As at 31 Dec 2009 Version 01-d0-02 Western Australia Weapons Act 1999 Contents Part 1 Preliminary 1. Short title 2 2. Commencement 2 3. Interpretation 2 4. Relationship
More informationTITLE 11. COMMERCE. Chapter 11.3 FIREWORKS
TITLE 11. COMMERCE Chapter 11.3 FIREWORKS Sections: 11.3.1 Title. 11.3.2 Definitions. 11.3.3 Federal Regulations as to Fireworks. 11.3.4 Fireworks Outlet License Required. 11.3.5 Restrictions on Fireworks
More informationCOQUILLE INDIAN TRIBE Chapter 675 TRAFFIC ORDINANCE
COQUILLE INDIAN TRIBE Chapter 675 TRAFFIC ORDINANCE 675.010 General Provisions 1. Purpose - To promote a uniform, comprehensive system of laws to regulate motor traffic and to protect the public safety
More informationKICKAPOO TRIBE OF OKLAHOMA JUDICIAL SYSTEM ORDINANCE INDEX CHAPTER 1 JUDICIAL SYSTEM
KICKAPOO TRIBE OF OKLAHOMA JUDICIAL SYSTEM ORDINANCE INDEX CHAPTER 1 JUDICIAL SYSTEM Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section
More informationORDINANCE NO. O17-25
ORDINANCE NO. O17-25 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE, CHAPTER 6 (ANIMALS); AND SETTING FORTH AN EFFECTIVE DATE.
More informationCase 1:16-cv RB-WPL Document 1 Filed 12/27/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 1:16-cv-01404-RB-WPL Document 1 Filed 12/27/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ALAN FRAGUA, Petitioner vs. AL CASAMENTO, DIRECTOR Sandoval County Detention
More informationFeedback on the attached documents should be sent to the National Center on Full Faith and Credit at 800/ , ext. 2 or
The Honorable Amy Karan, Administrative Judge of the 11 th Judicial Circuit's dedicated Domestic Violence Court (Protection Order and Criminal) in Miami, FL, has crafted comprehensive procedures and forms
More informationMINNESOTA. Chapter Title: DOMESTIC ABUSE Section: 518B.01. As used in this section, the following terms shall have the meanings given them:
518B.01 Domestic Abuse Act. Subdivision 1. Short title. MINNESOTA Chapter Title: DOMESTIC ABUSE Section: 518B.01 This section may be cited as the Domestic Abuse Act. Subd. 2. Definitions. As used in this
More informationTrends for Children and Youth in the New Zealand Justice System
March, 2012 Trends for Children and Youth in the New Zealand Justice System 2001-2010 Key Points Over the 10 years to 2010, a consistent pattern of decreasing numbers can be seen across the youth justice
More information14.12: Judgment and Sentencing at Arraignment or Trial
14.12: Judgment and Sentencing at Arraignment or Trial Checklist: No Annotations Judgment 1. Announce the judgment for each charge. 2. [If the defendant is found not guilty on all charges:]: Release the
More informationTitle 15: COURT PROCEDURE -- CRIMINAL
Title 15: COURT PROCEDURE -- CRIMINAL Chapter 105-A: MAINE BAIL CODE Table of Contents Part 2. PROCEEDINGS BEFORE TRIAL... Subchapter 1. GENERAL PROVISIONS... 3 Section 1001. TITLE... 3 Section 1002. LEGISLATIVE
More informationA Bill to Protect Industry in the Middle East
A Bill to Protect Industry in the Middle East BE IT ENACTED BY THE CONGRESS HERE ASSEMBLED THAT: 0 SECTION. SECTION. SECTION. SECTION. SECTION. The United States federal government will provide humanitarian
More informationKICKAPOO TRIBE OF OKLAHOMA
KICKAPOO TRIBE OF OKLAHOMA JUDICIAL SYSTEM ORDINANCE INDEX CHAPTER 1 JUDICIAL SYSTEM Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section
More informationl_132_ nd General Assembly Regular Session Sub. H. B. No
132nd General Assembly Regular Session Sub. H. B. No. 228 2017-2018 A B I L L To amend sections 9.68, 307.932, 2307.601, 2901.05, 2901.09, 2923.12, 2923.126, 2923.16, 2953.37, 5321.01, and 5321.13 and
More informationIN THE TENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CHURCHILL
Case No. Dept. No. I The undersigned hereby affirms this document Does not contain a social security number. IN THE TENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CHURCHILL
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2018
MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 By: Representative DeLano To: Corrections HOUSE BILL NO. 232 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE
More informationI WANT YOU TO REMEMBER IT'S "BAIL" BEFORE "JAIL" SO YOU BETTER NOT "FAIL." OSCAR MADISON
I WANT YOU TO REMEMBER IT'S "BAIL" BEFORE "JAIL" SO YOU BETTER NOT "FAIL." OSCAR MADISON ORIGINS Originally, money bail was developed in the Anglo-Saxon period in England (410-1066) as a means of settling
More informationMISSISSIPPI LEGISLATURE REGULAR SESSION 2017
MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE
More informationNational Congress of American Indians SECTION-BY-SECTION ANALYSIS OF TRIBAL LAW AND ORDER ACT AS ENACTED - WITH NOTES FOR IMPLEMENTATION
SECTION-BY-SECTION ANALYSIS OF TRIBAL LAW AND ORDER ACT AS ENACTED - WITH NOTES FOR IMPLEMENTATION Note: Need for a Coordinating Framework and Timeline The Act will require a significant amount of interagency
More informationCALIFORNIA PENAL CODE, REFERENCE SECTIONS FOR AB 2052, Williams, as amended March 17, 2016
CALIFORNIA PENAL CODE, REFERENCE SECTIONS FOR AB 2052, Williams, as amended March 17, 2016 to add to the Penal Code a new Section 597.8 to read, "Upon conviction pursuant to subdivision (a) or (b) of Section
More informationYUROK TRIBE EXCLUSION ORDINANCE
Yurok Tribal Code, Public Health and Safety YUROK TRIBE EXCLUSION ORDINANCE Pursuant to its authority under Article IV, Section 5 of the Yurok Constitution, as ratified on November 19, 1993, and the Yurok
More informationDepartment of Legislative Services Maryland General Assembly 2009 Session FISCAL AND POLICY NOTE
Department of Legislative Services Maryland General Assembly 2009 Session SB 685 FISCAL AND POLICY NOTE Senate Bill 685 Judicial Proceedings (Senator Robey) Vehicle Laws - Fleeing or Eluding Police - Penalties
More informationPenalties and Sentences Act 1985
Penalties and Sentences Act 1985 No. 10260 TABLE OF PROVISIONS Section 1. Purposes. 2. Commencement. 3. Definitions. PART 1 PRELIMINARY PART 2 GENERAL SENTENCING PROVISIONS 4. Court may take guilty plea
More informationPROTECTING VICTIMS OF DOMESTIC VIOLENCE:
0903 This project was supported by a Cooperative Agreement awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice, to the International Association
More informationGENERAL ASSEMBLY OF NORTH CAROLINA Session Legislative Incarceration Fiscal Note
GENERAL ASSEMBLY OF NORTH CAROLINA Session 2011 Legislative Incarceration Fiscal Note (G.S. 120-36.7) BILL NUMBER: House Bill 650 (Second Edition) SHORT TITLE: SPONSOR(S): Amend Various Gun Laws/Castle
More informationHOUSE OF REPRESENTATIVES STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 451 CS Forcible Felony Violators SPONSOR(S): Kyle and others TIED BILLS: none IDEN./SIM. BILLS: SB 608 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Criminal
More informationWeight: Hair Color: Eye Color: Age: Date of Birth: The court will complete the rest of this form. This is a Court Order. Temporary Restraining Order
DV-110 Clerk stamps date here when form is filed. Person in 1 must complete items 1, 2, and 3 only. 1 Name of Protected Person: Your lawyer in this case (if you have one): Name: State Bar No.: Firm Name:
More informationIN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY COMPLAINT
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY Police# 16-083767 Prosecutor# 095436075 1616-CR OCN# B2106765 STATE OF MISSOURI COMPLAINT vs. George R. Turrentine 1711 Concord Court, #203
More informationCase 5:14-cr Document 589 Filed 04/07/16 Page 1 of 7 PageID #: 15273
Case 5:14-cr-00244 Document 589 Filed 04/07/16 Page 1 of 7 PageID #: 15273 Southern District of West Virginia v. JUDMENT IN A CRIMINAL CASE 12393-088 THE DEFENDANT: One of the Superseding Indictment William
More informationUNITED STATES DISTRICT COURT for the Southern District of Texas
A() 98 (Rev. 12/11) Appearance Bond United States of America v. Kevin Lyndel Massey 6494 FM 2101, Quinlan, Texas 75474 214-215-5557(Callo.); 214-215-2069 (Wife's Cell No) Defendant UNITED STATES DISTRICT
More informationCriminal Justice A Brief Introduction
Criminal Justice A Brief Introduction ELEVENTH EDITION CHAPTER 10 Probation, Parole, and Community Corrections What is Probation? Community corrections The use of a variety of officially ordered program-based
More informationMISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING
MISDEMEANOR SENTENCING STEPS FOR SENTENCING A MISDEMEANOR UNDER STRUCTURED SENTENCING 1. Determine the offense class 2. Determine the offender s prior conviction level 3. Select a sentence length 4. Select
More information