Hopi Indian Tribe, Law and Order Code, Resolutions

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Hopi Indian Tribe, Law and Order Code

Last updated: 1991

RESOLUTION HOPI TRIBE H-13-76

WHEREAS, Ordinance 21 prescribes qualifications necessary to hold the office of Appellate Judge, Chief Judge; and

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NOW THEREFORE BE IT RESOLVED, that the Hopi Tribal Council approves the attached amendments to Ordinance 21.

AMENDMENT TO ORDINANCE 21

Hopi Tribe
Oraibi, Arizona

December 16, 1975

BE IT ENACTED BY THE HOPI TRIBAL COUNCIL ASSEMBLED:

Ordinance 21, heretofore enacted by the Hopi Tribal Council, is hereby amended, as follows:

1. Change the paragraph under Section 1 2.2.2 to read:

"Qualifications

Any individual who is a graduate of an accredited school of law and who is over the age of 30 years and has never been convicted of a felony shall be eligible to be appointed a judge of the Appellate Court of the Hopi Tribe."

2. Change the paragraph under Section 1.303 to read:
"Qualifications of Chief Judge
Any person who is a graduate of an accredited school of law and who is over the age of 30 years and who has never been convicted of a felony, or, within the year just past, of a misdemeanor, shall be eligible to be appointed probationary chief judge, of the Trial Court of the Hopi Tribe."

CERTIFICATION

I hereby certify that the foregoing resolution was regularly adopted b y the Hopi Tribal Council in accordance with Article VI, Section 1(g) and 1(n), of the Hopi Tribal Constitution on the 16th day of December, 1975, by a vote of 15 in favor, 0 opposed, 0 abstaining, with Chairman not voting after full and free discussion on its merits.

Abbott Sekaquaptewa, Chairman

Hopi Tribal Council

ATTEST:

Leona J. Natseway, Tribal Secretary

Hopi Tribal Council

HOPI TRIBE RESOLUTION H-54-76

WHEREAS, an Associate Trial Judge under Ordinance 21, Section 1.3.4, can be any member of the Hopi Tribe but must be over the age of 30 years; and

WHEREAS, the minimum age limit eliminates many good prospects who are capable adults to serve in this position; and by comparison, the minimum age limit for judges in other municipalities and states is lower than that of the Hopi Tribe; and

WHEREAS, this minimum age limit is too high to give the Hopi Tribe the benefit of years of service from younger persons; and

WHEREAS, the Law and Order Committee of the Hopi Tribe has approved the lowering of said age limit to 25 years.

NOW THEREFORE BE IT RESOLVED, that the Hopi Tribal Council hereby approves the attached Amendment Seven to Ordinance 21, which amends Section 1.3.4 of said Ordinance.

CERTIFICATION

I hereby certify that the foregoing resolution was regularly adopted by the Hopi Tribal Council in accordance with Article VI. Section 1(g) and (n), of the Hopi Tribal Constitution on the 23rd day April, 1976 , by a vote of 11 in favor, 3 opposed, 0 abstaining, with the Chairman not voting (1 member absent from meeting at time of vote).

Abbott Sekaquaptewa, Chairman

Hopi Tribal Council

ATTEST:

Leona J. Natseway, Tribal Secretary

Hopi Tribal Council

HOPI TRIBE RESOLUTION H-68-76

WHEREAS, the present Jury Selection process in Ordinance 21 is found to be inadequate and containing procedures that are burdensome, unnecessary, and overly costly; and

WHEREAS, the Law and Order Committee of the Hopi Tribe has approved procedures designed to improve the process.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council

hereby approves the attached Amendment Eight to Ordinance 21 which amends Sections 2.9.10, 2.9.12, and 2.9.16 of said Ordinance.

CERTIFICATION

I hereby certify that the foregoing resolution was regularly adopted by the Hopi Tribal Council in accordance with Article VI, Sections 1(a) and (n) of the Hopi Tribal Constitution on the 9th day of June, 1976, by a vote of 14 in favor, 0 opposed, 0 abstaining, with the Chairman not voting

Abbott Sekaquaptewa, Chairman

Hopi Tribal Council

ATTEST:

Leona J. Natseway, Tribal Secretary

Hopi Tribal Council

AMENDMENT EIGHT TO ORDINANCE 21

Hopi Tribe
Oraibi, Arizona

Date: June 9, 1976

BE IT ENACTED BY THE HOPI TRIBAL COUNCIL ASSEMBLED:

Ordinance 21, heretofore enacted by the Hopi Tribal Council, is

hereby amended, as follows:

1. Change - Jury Selection: Section 2.9.10 of Ordinance 21, to read

'"The Court Clerk or his/her assistant and the Enrollment Officer or a designated representative of the Enrollment Department shall constitute the Board of Jury Selectors for the Hopi Trial Court. It shall be the duty of the Board of Jury Selectors to select in closed session eligible and competent persons for jury service. If any selector be unable to serve by reason of absence or for other good cause, then the Chief Judge of the Trial Court shall appoint a substitute jury selector."

2. Change - Drawing of the Jurors: Section 2.9.12 of Ordinance 21, to read:

"The Board of Jury Selectors upon order of the Trial Court shall prepare separate name tickets for each person named in the list furnished by the Enrollment Department and verified by the Board of Jury Selectors. The tickets shall be placed in a drawing box or jury wheel, shall be thoroughly mixed, and the clerk of the Court shall draw the number of names requested by the Trial Court. These names shall then become the master jury list until a new master list is prepared."

3. Change - Jury Panel: Section 2.9.16 of Ordinance 21, to read:

"Within two (2) days after receipt of an order of the Trial Court Judge directing a jury to be summoned, the Clerk shall take the tickets with the names corresponding to those on the list as provided in Section 2.9.12 and they shall be placed in the jury wheel or drawing box, be thoroughly mixed, and shall be drawn one at a time by the Clerk of the Court in rotation, until ten (10) names have been drawn. The Clerk shall notify by mail or by service of notice in person by the Police Department, the chosen jurors, of the date, time, and place that the jury trials will be held. At the time of the trials from this list of names, the defendant or his attorney shall strike one (1) name and then the Tribe shall strike one (I) name and so on alternately until six (6) names remain. If either party neglects or refuses to aid in the striking of the jury, the judge shall strike in his behalf."

HOPI TRIBE RESOLUTION H-69-76

WHEREAS, it is deemed to be in the best interest of the Hopi Tribe and its members and other persons residing within the jurisdiction of the Hopi Tribe to amend and clarify the procedures relating to extradition to and from the Hopi Reservation.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council hereby approves the attached Amendment Nine to Ordinance 21 which amends Section 2.3.9 of said Ordinance.

CERTIFICATION

I hereby certify that the foregoing resolution was regularly adopted by the Hopi Tribal Council in accordance with Article VI, Sections 1(a) and (n), of the Hopi Tribal Constitution on the 9th day of June, 1976, by a vote of 13 in favor, 1 opposed, 0 abstaining, with the Vice-Chairman not voting

Abbott Sekaquaptewa, Chairman

Hopi Tribal Council

ATTEST:

Leona J. Natseway, Tribal Secretary

Hopi Tribal Council

AMENDMENT NINE TO ORDINANCE 21

Hopi Tribe
Oraibi, Arizona

Date: June 9, 1976

BE IT ENACTED BY THE HOPI TRIBAL COUNCIL ASSEMBLED:

Ordinance 21, heretofore enacted by the Hopi Tribal Council, is hereby amended, as follows:

1. Change - Extradition: Section 2.3.9 of Ordinance 21 to read:

"The Chairman of the Hopi Tribe is hereby empowered to negotiate with any state, county, or municipal jurisdiction or Indian Tribe, and to enter into reciprocal agreements, attached hereto and by reference made a part hereof, for the extradition, both to and from the Hopi Reservation, of persons accused of criminal offenses. Such agreements shall, while in effect, be the Law of the Hopi Tribe until the date or expiration thereof or until rescinded. The Tribal Chairman shall notify the Tribal Council of all such agreements and the Tribal Council may, by resolution, rescind any such agreements."

RECIPROCAL EXTRADITION AGREEMENT

This agreement, entered into this ____ day of _____ , ______ between the Hopi Tribe and ________________ by and through their authorized representatives, is intended to provide a practical; workable framework in which said jurisdictions can obtain the extradition, for purposes of criminal prosecution, of persons violating the laws of either jurisdiction and fleeing to or found in the territory of the other.

Section 1. Definitions

"Executive Authority" means the Chairman of the Hopi Tribe, in the case of the Hopi Tribe, and the ______________________ in the case of ______________.
"Territorial Jurisdiction" means all lands and property within the limits of the territorial jurisdiction of either party hereto.
"Criminal offense" means any act or failure to act which is defined by the law of the requesting jurisdiction to be criminal, and in the case of the Hopi Tribe shall include any act or failure to act made criminal by any ordinance of the Hopi Tribal Council, and in the case of _______________, shall mean any act or failure to act which is declared to be,
or punished as if it were, a felony. "Criminal offense" shall include a sentence of imprisonment for a criminal offense from which the accused person has fled or escaped before completing or being released by lawful procedure.
"Requesting jurisdiction" means the jurisdiction which initiates a request for the other jurisdiction to turn over a person accused of a criminal offense.
"Responding jurisdiction" means the jurisdiction which receives a request to turn over a person accused of a criminal offense.
"Prosecuting authority" means the officer of either jurisdiction charged with the duty to prosecute the criminal offense for which extradition is sought.

Section 2. Persons charged with criminal offense to be delivered upon demand.

Subject to the laws applicable to each party hereto, and except as otherwise provided in this agreement, the executive authority of each jurisdiction which is .a party hereto shall cause to be arrested and delivered up to the executive authority of the requesting jurisdiction, any person within the territorial jurisdiction of the responding jurisdiction accused of committing a criminal offense within the territorial jurisdiction of the requesting jurisdiction, upon receipt of a request for extradition as specified herein.

Section 3. Request for Extradition

The request for extradition shall be in writing and addressed from the executive authority of the requesting jurisdiction to the executive authority of the responding jurisdiction, and shall request the extradition of a person charged with committing a criminal offense in the requesting jurisdiction and having thereafter fled from the requesting jurisdiction.
The request for extradition must be accompanied by certified copies of the following documents:

The indictment, information, or criminal complaint, together with any affidavits relating thereto, or, in the case of the failure to serve or complete a sentence or imprisonment lawfully imposed, the judgement and sentence and any affidavits or documents relating thereto plus a certificate of the executive authority of the requesting jurisdiction that the person requested has escaped from the confinement, or has otherwise unlawfully failed to complete the same.
A warrant of arrest issued by the requesting jurisdiction.

The indictment, information or criminal complaint, together with supporting affidavits, must substantially charge the person requested with having committed a criminal offense under the law of the requesting jurisdiction.
The authenticity of the documents submitted and the validity and good faith of the request for extradition must be certified to in the request by the executive authority of the requesting jurisdiction.

Section 4. Procedure Upon Receipt of a Request for Extradition

The executive authority of the responding jurisdiction shall, within 5 days after receipt of a request for extradition, do one of the following:

Forward the request, with his approval endorsed thereon, to a judge of his jurisdiction empowered to issue warrants of arrest; or
Return the request to the executive authority of the requesting jurisdiction with his reasons for not approving the request endorsed thereon, provided however, that the executive authority shall not inquire into the guilt or innocence of the accused as a condition to granting or withholding approval.

Section 5. Arrest of Accused Person

Upon receipt of a request for extradition with the approval of the executive authority of the responding jurisdiction endorsed thereon, the judge of the responding jurisdiction shall issue a warrant of arrest for the person named in the request, and deliver said warrant of arrest to the law enforcement officers of the responding jurisdiction having authority to make arrests.
The warrant of arrest so issued shall substantially conform to the requirements for such documents in the responding jurisdiction and shall recite the facts necessary to the validity of its issuance.
Such warrants of arrest shall authorize the arrest of the accused at any time or place within the territorial jurisdiction of the responding jurisdiction in the manner provided for other arrests in that jurisdiction, and the authority of the officers executing said warrant shall be 'the same as when making other arrests.

Section 6. Procedure upon Arrest

As soon as practicable after the arrest of the accused, he shall be taken before the-judge issuing the warrant of arrest and, after confirming his identity, there he shall be advised of the cause of the arrest, and, if he so desires, given an opportunity to obtain counsel.
If the accused or his counsel desires to test the legality of the arrest, a hearing to determine such issue shall be scheduled and held as soon as is practicable. Notice of such hearing shall be given to the prosecuting authority of the responding jurisdiction, and to the agent of the requesting jurisdiction into whose custody the accused would otherwise be delivered.
No person arrested under this agreement shall be delivered up to the requesting jurisdiction until he has either had a hearing to test the legality of his arrest, or has, in open court, made an informed waiver of such hearing.
Persons arrested pursuant to this agreement shall be incarcerated in the local jail of the respective jurisdiction, as in the case of regular arrests.
Any person arrested pursuant to this agreement shall be given the opportunity to make bail in any case where his delivery to the requesting jurisdiction is not imminent. Such bail shall be in amount sufficient to reasonably assure the appearance of the accused at a time and place specified by the court. Forefeiture of bail aid arrest for nonappearance where appropriate, may be made as in other cases.

Section 7. Procedure if Prosecution is pending in the Responding Jurisdiction

If a criminal prosecution has been instituted in the responding jurisdiction against the person whose extradition is sought, the executive authority of the responding jurisdiction,, in his discretion, may either surrender the accused to the requesting jurisdiction or hold him until he has been tried and discharged or convicted and punished in the responding jurisdiction.

Section 8. Manner of Initiating Requests for Extradition

The prosecuting authority of each jurisdiction shall have authority to initiate requests for extradition, to administer the details thereof, and to designate officers to receive persons extradited from the other jurisdiction.

Section 9. Prosecution in Requesting Jurisdiction

A person extradited under this agreement shall be .given the same rights and privileges under the laws of the requesting jurisdiction as any other person accused of a criminal offense by that jurisdiction.
Criminal prosecution in the requesting jurisdiction shall not be limited to the criminal offense specified in the request for extradition.

Section 10. Sovereignty

Nothing in this agreement or in the implementation hereof shall be deemed to be a grant, cession or waiver of any of the sovereign governmental rights, powers, or jurisdiction of either party hereto.

Section 11. Duration of Agreement

This agreement shall become effective upon its execution by the executive authorities of the parties hereto.
This agreement shall remain in effect until cancelled by notification from the executive authority of either jurisdiction to the other.

Done at _______________ on the day and year first above written.

HOPI TRIBE

____________________

Chairman

HOPI TRIBE RESOLUTION H-36-79

WHEREAS, under Ordinance #21, Chapter 3, Section 1.3.2, the Associate Judges will be appointed by the Tribal Chairman, with the approval of the Tribal Council for both probationary terms and permanent terms, and

WHEREAS, under Section 1.3.4, of Ordinance #21, Chapter 3, the qualifications of Associate Judges are: (1) a member of the Hopi Tribe, (2) over the age of twenty-five years, and (3) no convictions of a misdemeanor within the year just past, and

WHEREAS, there are times that both Chief Judge and Associate Judges are unable to sit either due to illness, vacations, training or conflict of interest, and

WHEREAS, this leaves a vacancy in the Court to proceed with cases, and in order to proceed in an orderly fashion with the Court Calendar, there needs to be a Judge present at all times, and

WHEREAS, there needs to be a Judge Pro-Tem appointed to serve in case both the Chief Judge and Associate Judge are unable to sit, and

NOW THEREFORE BE IT RESOLVED, that Ordinance #21 be amended by adding Section 1.3.6, "The Hopi Tribal Chairman may at times as required, appoint a Pro-Tem Judge for a short period, not to exceed thirty (30) days in the absence of both the Chief Judge and Associate Judge(s) who may or may not be a member of the Hopi Tribe with the other requirements, but also who already is a sitting judge elsewhere, with or without the approval of the Tribal Council.

CERTIFICATION

The fore going resolution was duly adopted by the Hopi Tribal Council on March 1, 1979, at a meeting at which a quorum was present with a vote of 13 in favor, 0 opposed, 0 abstaining (Vice-Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1 (g) , Article. IV of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, ratified by the Hopi Tribal Council on October 24, 1936 and approved by the Secretary of Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

Stanley Honanie, Vice-Chairman

Hopi Tribal Council

ATTEST:

Doris Honanie, Secretary

Hopi.Tribal Council

AMENDMENT SEVEN TO ORDINANCE 21

Hopi Tribe
Oraibi, Arizona

Date: 4/23/76

BE IT ENACTED BY THE HOPI TRIBAL COUNCIL ASSEMBLED: Ordinance 21, heretofore enacted by the Hopi Tribal Council, is hereby amended, as follows: 1. Change - Associate Trial Judges: Section 1.3.4 of Ordinance 21 to read: "Any member of the Hopi Tribe of Indians over the age of 25 years who has never been convicted of a felony or, within the year just past, of a misdemeanor, shall be eligible to be appointed probationary associate judge of the Trial Court of the Hopi Tribe. All probationary associate judges must successfully complete a course of training as a prerequisite to be nominated by the Tribal Chairman for a permanent appointment."

HOPI TRIBAL RESOLUTION H-93-1981

Whereas, the Hopi Children's Code (ordinance N35) was enacted by Hopi tribal resolution H-21-81 at which time council directed that the offenses section be reviewed by the law & order committee; and

Whereas, criminal penalties are to be cited in the Hopi Criminal Code (ordinance 721); and

Whereas, law & order committee, a standing committee of the Hopi Tribal council has reviewed the offenses in reference to civil and criminal penalties.

Now therefore be it resolved by the Hopi Tribal Council that it hereby enacts the amendments to the Hopi Criminal Code (ordinance R21), attached hereto and by reference made a part hereof.

Be it further resolved that the said amendments are hereby incorporated into the Hopi Criminal Code accordingly.

Be it finally resolved that any previous resolutions or ordinances in conflict with this resolution are hereby superceded.

2. Amendment to Sections as shown below.

3.3.2 Abduction. Any Indian who shall willfully, take away or detain another person against such person's will or in the case of a minor, without consent of the parent(s) or legal custodian, shall be deemed guilty of an offense.

3:3.14 Contributing to the Delinquency of a Minor.

Any Indian who shall commit any act, or omit the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any minor person shall bd' deemed guilty of an offense. A minor under this section shall be any person under the age of eighteen (18) years of age.

3. Sections to be added to the Code.

3.3.11 Sexual Conduct with a Minor. Any Indian who commits sexual acts with a minor by intentionally or knowingly engaging in sexual intercourse, or oral or anal sexual contact with any person who is under eighteen (18) years of age and who is not his or her spouse, or fondling the genitals or breasts with intent to gratify or arouse sexual desires of himself or of any person shall be deemed guilty of an offense.

3.3.86 Incest. Any Indian who is related by blood to a minor or to another in the first degree (father, mother, son, daughter; brother, sister, grandmother, grandfather) or in the second degree (uncle, aunt, nephew, niece, or first cousin) who commits a sexual act with the minor shall be deemed guilty of an offense.

3.3.87 Abuse of a Minor. Any Indian parent(s), guardian, or temporary custodian who has been entrusted with or who has assumed the care of a minor under the age of eighteen (18) years of age who abuses a minor as these terms are defined in the Children's Code, Ordinance T35, shall be deemed guilty of an offense.

HOPI TRIBE RESOLUTION H-93-1983

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi tribal council on November 16, 1981, at a meeting at which a quorum was present with a vote of 12 in favor, 0 opposed, 0 abstaining (chairman presiding and not voting) pursuant to the authority vested in the Hopi tribal council by section 1(a)(g) of Article VI 0 f the Hopi tribal constitution and by-laws of the Hopi tribe of Arizona, ratified by the Hopi tribal council on October 24, 1936 and approved by the secretary of the interior on December 19, 1936, pursuant to section 16 of the act of June 18, 1934. Said resolution is effective as of the date of adoption and does require secretarial approval.

ABBOTT SE KAQUAPTEWA CHAIRMAN

HOPI TRIBAL COUNCIL

ATTEST:

KEDRIC L. OUTAH, SECRETARY

HOPI TRIBAL COUNCIL

HOPI TRIBAL COUNCIL RESOLUTION H-120-83

WHEREAS, pursuant to Article VI - Powers of the Tribal Council, Council shall make ordinances to protect the peace and welfare of the Tribe; and

WHEREAS, an amendment to the Criminal Code (#21) is necessary to assist in preventing the burning of rangeland, grassy area, brush or timber in a willful and malicious manner; and

WHEREAS, currently there is no provision in the Criminal Code for said acts; and

WHEREAS, The Law & Order Committee, a Standing Committee of Council, has recommended that an amendment to said Code be enacted for such acts discussed herein.

NOW THEREFORE, BE IT RESOLVED by the Hopi Tribal Council that it hereby enacts an amendment to the Hopi Criminal Code (#21) under Section 3.3.9 - Burning, as attached hereto and by reference made a part hereof.

BE IT FINALLY RESOLVED that any ordinance, resolution or policy in conflict with said resolution is hereby superceded.

HOPI CRIMINAL CODE ORDINANCE NO. 21 AMENDMENT

BURNING

3.3.9 BURNING: Any Indian who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of rangeland or grassy area, brush or timber, or any building, home, barn, corral, fence, or any structure of whatsoever class or character, whether the property of himself or of another, shall be deemed guilty of an offense.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on November 7, 1983, at a meeting at which a quorum ;vas present with a vole of 8 in favor, 3 oppose, 2 abstaining (Chairman presiding and not voting) pursuant to the authority vested by the Hopi Tribal Council by Section 1 (a) and 1 (g) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, ratified by the Hopi Tribal Council on October 24, 1936 and approved by the Secretary of Interior on December 19, 1935, pursuant to Section 16 of the Act of June 18, 1934. Said resolution does require Secretarial approval and is effective upon the date of approval by the Secretary of Interior.

Ivan L. Sidney, Chairman

Hopi Tribal Council

ATTEST:

Linda Dawaverendewa, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-68-86

WHEREAS, the Hopi Criminal Code was originally adopted on July 10, 1972 with subsequent Amendments made to the Code; and

WHEREAS, further Amendments are needed in ordinance #21; and

WHEREAS, the Law and Order Committee of the Council, has recommended changes to the Ordinance; and

WHEREAS, said Amendments have been discussed in open session of Council.

NOW THEREFORE BE IT RESOLVED by the Hopi Tribal Council that it hereby enacts Amendments to the Hopi Criminal Code, Ordinance #21 as attached hereto and by reference made a part hereof.

BE IT FINALLY RESOLVED that any resolution or Sections of the Ordinance that are in conflict with these Amendments are hereby superceded.

RECOMMENDED REVISIONS TO HOPI TRIBAL COUNCIL

ORDINANCE 21 -- CRIMINAL CODE

Delete in its entirety:

3.3.16 ~~CURFEW VIOLATIONS (Superceded by Ordinance 35).~~

Amendment:

3 .3 .48 ~~INTOXICATION. Any Indian who shall become intoxicated through alcohol or any other substance shall be deemed guilty of an offense.~~

3.3.48 PUBLIC INTOXICATION. Any Indian person who appears in a public place under the influence of alcohol or narcotics or any other drug not therapeutically administered, to the degree that he or she is unable to care for his or her own safety shall be deemed guilty of Public intoxication.

3.3.21 DISORDERLY CONDUCT. Any Indian who shall engage in fighting in a public place, disturb or annoy any public or religious assembly or appear in a public or private place in an intoxicated and/or disorderly conditions or who shall engage in any other act of public indecency or immorality shall be deemed guilty of an offense.

3.3.21 DISORDERLY CONDUCT. Any Indian who shall, knowingly cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof shall be deemed guilty of disorderly conduct when such Indian:

(1) Engages in fighting in a public or private place; or

(2) In a public place, use abusive or obscene/offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or

(3) Disrupt any lawful public or religious meeting or assembly; or

(4) Make unreasonable noise that is annoying and disturbing in a public place.

3.3.31 FAILURE TO SUPPORT DEPENDENT CHILDREN. Any Indian who shall refuse, fail, or neglect to furnish food, shelter, or care to those dependent upon him, including any children born out of wedlock, shall be deemed guilty of an offense.

3.3.31 PERSISTENT NONSUPPORT. Any Indian who shall intentionally and persistently fails to provide food, shelter, clothing, medical attention, financial support or other necessary care which he or she is able to provide and is legally obliged to provide to a spouse, child or other dependent shall be deemed guilty of an offense.

Delete in its entirety:

3.3.55 ~~MARIJUANA, CANNABIS SATIVA L. Any Indian who sells, barters, plants, cultivates, produces, give away, or possesses marijuana shall be deemed guilty of an offense.~~

DEFINITION: "Marijuana" includes all parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the rest salt, derivative, mixture, or preparation of such plant, its seeds produced from such stalks, oil or cake made from the seeds of such preparation of such mature stalks (except the resin extract therefrom), fiber, oil or cake.

3.3.55 POSSESSION OF MARIJUANA. Any Indian who produces, delivers, possesses, or sells marijuana shall be deemed guilty of an offense.

3.3.59 OBSCENE LANGUAGE & SIGNS. Any Indian who shall use obscene language or display any obscene sign by physical gesture or writings or drawings in a public place or building shall be guilty of an offense.

3.3.84 WILLFUL FAILURE TO OBEY LAWFUL ORDER OF COURT. Any Indian who shall intentionally and knowingly disobey or resist the lawful order, process or mandate of a Hopi Tribal Court shall constitute an offense.

3.3.84 FAILURE TO OBEY LAWFUL OF COURT. Any Indian who shall intentionally and knowingly disobey or resist the lawful order, process or other mandate of a Hopi Tribal Court shall be deemed guilty of an offense.

Addition: Definitions Section

3.1.1 DEFINITIONS: m. "Marijuana" includes all parts of the plant, whether growing or not; the seeds thereof; the resin extract froth any part of such plant; and every compound manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture salt, derivative, mixture, or preparation of such

mature stalks (except the resin extracted therefrom), fiber, oil, or cake.

n. "Toxic Vapors" - is vapors of fumes of paint, gas, glue, or any other toxic product.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on June 13, 1986. at a meeting at which a quorum was present with a vote of 10 in favor, 0 oppose, 1 abstaining (Vice Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1 (g) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution does require Secretarial approval and is effective upon the date of approval by the Secretary of Interior.

Stanley Honanie, Vice Chairman

Hopi Tribal Council

ATTEST:

Lorna Quamahongnewa, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-59-89

WHEREAS, Title 21, Section 3.2.4 of the Hopi Tribal Code provides for maximum criminal penalties of six (6) months on prison and a $500 fine; and

WHEREAS, Congress has amended 25 U.S. C. 1302 (7) to authorize tribal courts to impose punishment for a term of one (1) year of imprisonment and a fine of $5, 000 or both; and

WHEREAS, the Hopi Tribe desires to improve its criminal justice system.

NOW THEREFORE BE IT RESOLVED that Hopi Tribal Code Title 21, Section 3.2.4 shall be amended to read as follows:

Penalties: Every person convicted of a violation of any provision of this Code constituting an offense shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment in the Tribal Jail for not more than one year or both.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on April 03, 1989, at a meeting at which a quorum was present with a vote of 12 in favor, 0 opposed, 0 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(g) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

(signed)

Ivan L . Sidney, Chairman

Hopi Tribal Court

ATTEST:

(signed)

Dorcie Ahownewa, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-14-90

WHEREAS, the Hopi Indian Tribe under the Constitution and By-laws of the Hopi Tribe, Article VI, Section 1, Sub-section (g) provides for civil and criminal adjudication; and

WHEREAS, the Hopi Tribal Code, Ordinance #21, provides for the appointment of a Chief Judge, Tribal Courts, under Title I, Chapter 3, Section 1.3.2; and

WHEREAS, the Hopi Tribal Code, under Title I, Chapter 3, Section 1.3.3 Qualification of Chief Judge, does not require for the Chief Judge position, Trial Courts, to be full-time and require Hopi Reservation residency; and

WHEREAS, the Hopi Tribal Council, by majority vote, on Tuesday, November 28, 1989, through motion, directed the Law and Order Committee to submit a resolution requiring the Chief Judgeship to be full-time and to maintain Hopi Reservation residency; and

WHEREAS, the Law and Order Committee, at a regular meeting on Tuesday, December 26, 1989, reviewed the draft resolution and proposed Amendment to the Hopi Tribal Code, Title 1, Chapter 3, Section 1.3.3 Qualification of Chief Judge.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council hereby approves the attached Amendment to the Hopi Tribal Code, Ordinance 421, Title 1, Chapter 3, Section 1.3.3 Qualifications of Chief Judge, which is hereby amended.

AMENDMENT

TITLE 1, CHAPTER 3

Section 1.3.3 Qualification of Chief Judge. Any person (Hopi preference) admitted to practice before the Supreme Court of the United States, or any United States Circuit Court of Appeals, or the Supreme Court of any state of the United States who is over the age of 30 years and who has never been convicted of a felony, or, within the year just past, of a misdemeanor, shall be eligible to be appointed Chief Judge of the Tribal Court of the Hopi Tribe. The work status of the position shall be full-time.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on January 16, 1990, at a meeting at which a quorum was present with a vote of 11 in favor, 1 opposed, 0 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does not require Secretarial approval.

(signed)

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-86-90

WHEREAS, there is a need for jury duty exemptions to eliminate conflict of interest challenges for jury duty in the Hopi Tribal Courts for elected and appointed officials; and

WHEREAS, the Law & Order Committee has reviewed and approved the attached amendment which would provide for jury duty exemptions for certain Hopi Tribal Officials.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council hereby approves the attached amendment, Section 2.9.20 Jury Duty Exemption, under the Hopi Tribal Code II, Court Procedures, Chapter 9, Formation of the Jury, which is hereby amended.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on April 03, 1990, at a meeting at which a quorum was present with a vote of 14 in favor, 0 opposed, 0 abstaining (Vice Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does not require Secretarial approval.

(signed)

Patrick C. Dallas, Vice Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

2.9.20 Jury Duty Exemption

The following persons shall be exempt from jury service:

(1) Members of the Tribal and Federal Police Departments.

(2) Appointed officials and elected of the executive, legislative and judicial branches of the government of the Hopi Indian Tribe, as follows:

(a) Hopi Tribal Council Representatives

(b) Hopi Tribal Chairman

(d) Hopi Tribal Secretary

(e) Hopi Tribal Treasurer

(f) Chief Judge. Associate Judges and Appellate Court Judges

Section 2.9.20 JURY DUTY EXEMPTION of Ordinance No. 21 as amended and approved by Resolution No. H-86-90 is hereby approved by:

(signed)

Agency Superintendent

APR 17 1990

Date

HOPI TRIBAL COUNCIL RESOLUTION H-63-91

WHEREAS, the Hopi Indian Tribe has the inherent authority to guarantee and oversee the health, safety and welfare of the Hopi people, provide for the peace and welfare of the Hopi Indian Tribe under the Preamble, Article VI, Powers of the Tribal Council, Section 1, subsections (a) and (g) of the Hopi Tribal Constitution and By-Laws; and

WHEREAS, prohibition of liquor is in full effect and force on the Hopi reservation; and

WHEREAS, there is a need to update the alcohol related laws to reflect the concerns of the Hopi people to further address the problem of alcohol on the Hopi Indian reservation; and

WHEREAS, the Law & Order Committee hereby submits to the Hopi Tribal Council the attached proposed Title III sections for their review and action.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council hereby approves the attached proposed amendments and new sections to "The Hopi Tribal Code" Ordinance No. 21, Title III, Criminal Code, which is hereby amended.

BE IT FINALLY RESOLVED that the approved amendments to Title III "The Hopi Tribal Code", be submitted to the Secretary of the Interior for approval or disapproval as mandated under Article VI, Powers of the Tribal Council, Section 2, Hopi Tribal Constitution and By-Laws.

NEW AMENDMENTS

3.3.21 DISORDERLY CONDUCT. Any Indian is guilty of disorderly conduct who

shall cause public inconvenience, annoyance, alarm, or recklessly create a risk thereof, when he or she:

1. Engages in fighting, threatening or violent behavior; or

2. Makes unreasonable noise; or uses abusive language or gestures to any person present; or

3. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group of people has access, including highways, schools, kivas, and plazas.

3.3.48 INTOXICATION

(a) An Indian is guilty of intoxication if his or her mental or physical capabilities are disturbed from the introduction of alcohol or a controlled substance into the body.

(b) The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, "alcohol" shall include but not be limited to distilled spirits, wine, beer and malt beverages containing alcohol.

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.

(d) Nothing in this section shall make it illegal to possess, use or be affected by alcohol or a controlled substance when being used under and as directed by the lawful order of a "Practitioner" as defined in 21 U.S.C. 802(20) authorized to prescribe the medicinal use of the alcohol or controlled substance in question.

(e) The Court shall consider evidence to prove or disprove intoxication, including without limitation: evidence of slurred speech, unsteady standing or walking, performance of field sobriety tests, odor of alcohol on the person, the amount of alcohol consumed over a period of time and taking into account the person's weight, and any other evidence tending to prove or disprove intoxication.

(f) The Court shall not require proof that the accused was intoxicated so as to be a danger to himself, herself or others.

(g) Intoxication is a violation of Ordinance No. 21 regardless of whether committed in a public place or a private place within the Hopi Reservation.

3.3.83 POSSESSION OF ALCOHOL OR CONTROLLED SUBSTANCES, SIMPLE POSSESSION.

(a) It shall be unlawful for any Indian to knowingly or intentionally possess alcohol or a controlled substance unless such alcohol or controlled substance was obtained directly or pursuant to a valid prescription or order, from a "Practitioner" as defined In 21 U.S.C. 802 (20) while acting in the course of his or her professional practice, or except as otherwise authorized in accordance with applicable Hopi or Federal law.

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, Ill, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.

(d) Any Indian who violates this section shall be sentenced to a term of conviction of not more than one year and shall be fined a minimum of $1,000, or both; except that if he or she commits such offenses after a prior conviction under this section, or a prior conviction for any alcohol or controlled substances offense chargeable under the laws of any Tribe, State or Federal government has become final, he or she shall be sentenced to a term of imprisonment for not less than fifteen (15) days, and shall be fined a minimum of $2,500; except further, that if he or she commits such offense after two or more prior convictions under this section or any two or more prior convictions for any alcohol or controlled substances offenses chargeable under any Tribal, State or Federal Government haws, or a combination of two or more such offenses have become final, he or she shall be sentenced to a term of imprisonment for not less than ninety (90) days, and shall be fined $5,000. The imposition or execution of a mandatory minimum sentence required to be imposed by this section shall not be suspended or deferred, and no parole, probation or early release shall be authorized. Further, upon conviction, a person who violates this section shall be assessed cost payable to the Hopi Indian Tribe the reasonable costs of the investigation and prosecution of the offense.

NEW SECTIONS

3.3.88 DISRUPTING MEETINGS, PROCESSIONS AND CEREMONIES. An Indian violates the criminal law if he or she does not act, makes any gesture, or makes any utterance that unreasonably obstructs or interferes with a lawful meeting, procession, ceremony or gathering. A person acts "unreasonably" with respect to a material element of this offense when he or she should be aware of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of a natural and degree that the actor's failure to perceive it, considering the nature and purpose of his or her conduct and the circumstances known to the actor, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

3.3.89 DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES TO PERSONS UNDER AGE TWENTY-ONE.

(a) Any Indian at least eighteen (18) years of age who distributes alcohol or a controlled substance to a person under the age of twenty-one (21) violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one year, and a fine of $5,000. The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the minimum sentence provided by this section. The imposition of the mandatory minimum sentence required to be imposed by this section shall not otherwise be suspended or deferred, and no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

3:3.90 POSSESSION OR DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES IN, ON, OR NEAR SCHOOLS, PLAYGROUNDS AND YOUTH CENTERS.

(a) Any Indian who distributes or possesses with intent to distribute alcohol or controlled substances in, on/or within one thousand (1000) feet of the real property compromising a tribal, community, public or private elementary school, vocational school, secondary school, community college, playground, or youth center violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one year, and a fine of $5,000. The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and, involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the mandatory minimum sentence provided by this section. The imposition or execution of the mandatory minimum sentence required to be imposed by this section shall not otherwise be suspended or deferred, and no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

(d) "Playground" means any outdoor facility, including any parking lot appurtenant thereto, intended for recreation by children.

(e) "Youth center" means any recreational facility and/or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by person under the age of eighteen (18), which regularly provides athletic, civic or cultural activities.

3.3.91 DISTURBING RELIGIOUS OR CEREMONIAL MEETINGS. Any Indian who willfully disturbs or disquiets any meeting for religious or ceremonial purposes, by any act, gesture or utterance either within the place where such meeting is held or so near it as to disturb the order and solemnity of the meeting is guilty of an offense.

3.3.92 ENTERING KIVAS, CEREMONIAL BUILDINGS OR CEREMONIAL AREAS UNDER THE INFLUENCE OF ALCOHOL. Any Indian who shall enter a kiva, ceremonial building or ceremonial area during the time of a religious or ceremonial activity while under the influence of alcohol is guilty of an offense. A person is under the influence of alcohol under this section it the person is guilty of intoxication or if alcohol on the person's breath or clothes can be smelled by others in the kiva, ceremony building or ceremonial area.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on February 26, 1991, at a meeting at which a quorum was present with a vote of 9 to favor, 0 opposed, 3 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

(signed)

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-92-91

WHEREAS, the General Counsel has recommended amendments to Ordinance No. 21 dealing with civil jurisdiction of the Hopi Tribal Court over non-members; and

WHEREAS, the Law & Order Committee has reviewed a recommended new section 1.7.1; and

WHEREAS, the Law & Order Committee recommends that the current section 1.7.1 be repealed.

NOW THEREFORE BE IT RESOLVED that Ordinance No. 21 is amended by enacting a new section 1.7.1 attached and made a part hereof and by repealing that current section 1.7.1.

BE IT FINALLY RESOLVED that the Hopi Tribal Council intends that this section's remedial purpose be given its broadest application, and that, consistent with the due process clause of the Indian Civil Rights Act, that new section 1.7.1 be given retroactive effect to claims for which the statute of limitations has not expired.

1.7.1 JURISDICTION - CIVIL

a. The Hopi Tribal Court shall have jurisdiction over all civil actions where there are sufficient contacts with the Hopi Indian Reservation upon which to base the exercise of jurisdiction, consistent with the constitution and laws of the Hopi Tribe and the United States. It is the intent of this section to authorize the broadest exercise of jurisdiction consistent with these limitations.

b. The Hopi Tribal Court shall have all powers and may issue all writs, judgements or any other order necessary to the complete and effective exercise of its jurisdiction.

c. In the exercise of its civil jurisdiction, the acts of the Hopi Tribal Court shall be construed as being remedial and for the purpose of obtaining complete and effective compliance with all applicable laws for the peace, health, safety and welfare of all residents and other persons having contacts with the Hopi Reservation.

d. Any person, whether or not a member of the Hopi Indian Tribe or a resident of the Hopi Indian Reservation, or other legal entity who in person or through an agent commits any of the acts hereinafter enumerated, thereby submits to the civil jurisdiction of the Hopi Tribal Court as to any cause of action relating to such act:

1. The transaction or doing of any business within the Reservation;

2. The commission of a torturous act within the Reservation;

3. The ownership, use or possession of any real or personal property within the Reservation;

4. Contracting to insure any person, property or risk residing or located within the Reservation at the time of contracting or at the time the acts occur which are the basis of the civil action;

5. Contracting with the Hopi Tribe, a member of the Hopi Tribe, or any other person or other legal entity for the sale or purchase of any goods or services knowing or under circumstances where it reasonably should have known that such contract is to be performed or is in fact performed on or from within the Hopi Indian Reservation; and

6. Any other acts or conduct which establish such minimal contacts with the Hopi Indian Reservation or with the Hopi Tribe so that the exercise of civil jurisdiction by the Hopi Tribal Court would not be contrary to traditional notions of fair play and substantial justice.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on March 26, 1991, at a meeting at which a quorum was present with a vote of 14 in favor, 0 opposed, 0 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

(signed)

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-117-91

WHEREAS, the General Counsel recommends that Ordinance No. 21 be amended to add new section 1.2.8; and

WHEREAS, the new section would authorize the Hopi Tribal Court of Appeals to decide questions of Hopi law that may exist within tribal, state or federal courts or administrative proceedings; and

WHEREAS, the new section would authorize the Hopi Tribal Court of Appeals to decide questions of Hopi law certified to it by the Hopi Tribal Council; and

WHEREAS, the Law and Order Committee recommends that the Tribal Council amend Ordinance No. 21 by enacting a new section 1.2.8.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council amends Ordinance No. 21 by enacting section 1.2.8.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on April 22, 1991, at a meeting at which a quorum was present with a vote of 14 in favor, 0 opposed, 0 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

NEW SECTION 1.2.8

CERTIFIED QUESTIONS OF HOPI LAW

(a) The Hopi Tribal Court of Appeals shall have jurisdiction to answer questions of Hopi tribal law, including Hopi constitutional law, certified from any tribal, federal, or state court or from any tribal, federal or state administrative agency.

(b) The Hopi Tribal Court of Appeals shall have jurisdiction to answer questions of Hopi constitutional law, certified to it by the Hopi Tribal Council.

(c) The Hopi Tribal Court of Appeals shall expedite consideration of any certified questions of law. In the exercise of sound discretion, the Hopi Tribal Court of Appeals may decline to answer questions certified to it.

(d) The Hopi Tribal Court of Appeals may issue rules or administrative orders appropriate to the processing of certified questions.

HOPI TRIBAL COUNCIL RESOLUTION H-136-91

WHEREAS, the Hopi Indian Tribe has the inherent authority to guarantee and oversee the health, safety and welfare of the Hopi people, provide for the peace and welfare of the Hopi Indian Tribe under the Preamble, Article VI, Powers of the Tribal Council Section 1, subsections (a) and (g) of the Hopi Tribal Constitution and By-Laws; and

WHEREAS, prohibition of liquor is in full effect and force on the Hopi reservation; and

WHEREAS, there is a need to update the alcohol related laws to reflect the concerns of the Hopi people to further address the problem of alcohol on the Hopi Indian Reservation; and

WHEREAS, the Law and Order Committee hereby submits to the Hopi Tribal Council the attached proposed Title III sections for their review and action.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council hereby approves the attached proposed amendments and new sections to "The Hopi Tribal Code" Ordinance #21, Title III, Criminal Code, which is hereby incorporated.

BE IT FURTHER RESOLVED that the approved amendments and new sections to "The Hopi Tribal Code" Title III, be submitted to the Secretary of the Interior for approval or disapproval as mandated under Article VI, Powers of the Tribal Council, Section 2, Hopi Tribal Constitution and By-Laws.

BE IT FURTHER RESOLVED that any previous resolutions or ordinances in conflict with this resolution are hereby superseded.

BE IT FINALLY RESOLVED that the Hopi Tribal Council Resolution H-63-91 is hereby repealed.

NEW AMENDMENTS

3.3.21 DISORDERLY CONDUCT. Any Indian is guilty of disorderly conduct who shall cause public inconvenience, annoyance, alarm, or recklessly create a risk thereof, when he or she:

(a) Engages in fighting, threatening or violent behavior; or

Makes unreasonable noise; or uses abusive language or gestures to any person present; or
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group of people has access, including highways, schools, kivas, and plazas.

INTOXICATION

(a) An Indian is guilty Of intoxication if his or her mental or physical capabilities are disturbed from the introduction of alcohol or a controlled substance into the body.

(f) The Court shall not require proof that the accused was intoxicated so as to be a danger to himself, herself or others.

(g) Intoxication is a violation of Ordinance No. Twenty-one (21) regardless of whether committed in a public place or a private place within the Hopi Reservation.

3.3.83 POSSESSION OF ALCOHOL OR CONTROLLED SUBSTANCES, SIMPLE POSSESSION.

(a) It shall be unlawful for any Indian to knowingly or intentionally possess alcohol or a controlled substance unless such alcohol or controlled substance was obtained directly or pursuant to a valid prescription or order, from a "Practitioner" as defined in 21 U.S.C. 802(20) while acting in- the course of his or her professional practice, or except as otherwise authorized in accordance with applicable Hopi or federal law.

(b) The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, ''alcohol" shall include but not be limited to distilled spirits, wine, beer and malt beverages containing alcohol .

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wire, mast beverages or tobacco.

(d) Any Indian who violates this section shall be sentenced to a term or conviction or not more than. one (1) year and shall be fined a minimum of fire thousand dollars ($5,000), or both; except that if he or she commits such offense after a prior conviction under this section, or a prior conviction for any alcohol or controlled substances offense chargeable under the laws of any Tribe, State or Federal government has become final, he or she shall be sentenced to a term of imprisonment for not less than fifteen (15) days, and shall be fined a minimum of two thousand five hundred dollars ($2,500); except further, that if he or she commits such offense after two or more prior convictions under this section or any two or more prior convictions for any alcohol or controlled substances offenses chargeable under any Tribal, State or Federal Government laws, or a combination of two or more such offenses have become final, he or she shall be sentenced to a term of imprisonment for not less than ninety (90) days, and shall be fined five thousand dollars ($5,000). The imposition or execution of a mandatory minimum sentence required to be imposed by this section shall not be suspended or deferred, and no parole, probation or early release shall be authorized. Further, upon conviction, a person who violates this section shall be assessed cost payable to the Hopi Indian Tribe the reasonable costs of the investigation and prosecution of the offense.

NEW SECTIONS

3.3.88 DISRUPTING MEETINGS, PROCESSIONS AND CEREMONIES. An Indian violates the criminal law if he or she does any act, makes any gesture, or mares any utterance that unreasonably obstructs or interferes with a lawful meeting, procession, ceremony or gathering. A person acts "unreasonably" with respect to a material element of this offense when he or she should be aware of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct. The risk must be of a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his or her conduct and the

circumstances known to the actor, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

3.3.89 DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES TO PERSONS UNDER AGE TWENTY-ONE.

(a) Any Indian at least eighteen (18) years of age who distributes alcohol or a controlled substance to a person under the age of twenty-one (21) violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one (1) year, and a fine of five thousand dollars ($5,000). The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the minimum that sentence provided by this section. The imposition of the mandatory minimum sentence required to be imposed by this section shall not otherwise be suspended or deferred, and no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

(b) The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, alcohol shall include but not be limited to distilled spirits, wine, beer and malt beverages containing alcohol.

(c) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 312, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed in current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled spirits, wine, malt beverages or tobacco.

3.3.90 POSSESSION OR DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES IN, ON, OR NEAR SCHOOLS, PLAYGROUNDS AND YOUTH CENTERS.

Any Indian who distributes or possesses with intent to distribute alcohol or controlled substances in, on, or within one thousand (1000) feet of the real property compromising a tribal, community, public or private elementary school, vocational school, secondary school, community college, playground, or youth center violates this section. Each act of distribution shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one (1) year, and a fine of five thousand dollars ($5,000). The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the mandatory minimum sentence provided by this section. The imposition or execution of the mandatory minimum sentence required to be imposed by this section shall not otherwise be suspended or deferred, and no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the Court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.
The term "alcohol" shall have its commonly understood meaning. Without limiting the commonly understood meaning, "alcohol" shall include out not be limited to distilled spirits, wine, beer and malt beverages containing alcohol.
The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V listed in 21 U.S.C. 812, and also including future amendments to schedules I through V as may be enacted by Congress, or is listed 1n Current or future schedules issued pursuant to authority vested in the Attorney General of the United States pursuant to 21 U.S.C. 811. The term "controlled substance" does not include distilled Spirits, urine, malt beverages or tobacco.
"Playground" means any outdoor facility, including any parking lot appurtenant thereto, intended for recreation by park.
"Youth center" means any recreational facility and, or gymnasium, including any parking lot appurtenant thereto, intended primarily for use by persons under the age of eighteen (18), which regularly provides athletic, civic or cultural activities.

DISTURBING RELIGIOUS OR CEREMONIAL MEETINGS.

Any Indian who willfully disturbs or disquiets any meeting for religious or ceremonial purposes, by any act, gesture or utterance either within the mace where such meeting is held or so rear it as to disturb the order and solemnity of the meeting is guilty of an offense.

3.3.92 ENTERING KIVAS, CEREMONIAL BUILDINGS OR CEREMONIAL AREAS UNDER THE INFLUENCE OF ALCOHOL.

Any Indian who shall enter a Kiva, ceremonial building or ceremonial area during the time of a religious or ceremonial activity while under the influence of alcohol is guilty of an offense. A person is under the influence of alcohol under this section if the person is guilty of intoxication or if alcohol on the person's breath or clothes can be smelled by others in the kiva, ceremony building or ceremonial area.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on May 08, 1991, at a meeting at which a quorum was present with a vote of 8 in favor, 0 opposed, 4 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(g) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 13, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

(signed)

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

HOPI TRIBAL COUNCIL RESOLUTION H-252-91

WHEREAS, the Hopi Tribal Council enacted Sections 3.3.83(d) and 3.3.90(a) to Ordinance 21; and

WHEREAS, the section became effective on August 6, 1991; and

WHEREAS, review of these enactments revealed drafting errors that need correction to reflect the intent of the Tribal Council in enacting these sections; and

WHEREAS, there is a need to address the results of application of 3.3.83(d) from August 6, 1991 until approval of the corrected section; and

WHEREAS, the attached subsections contain revisions correcting the drafting errors in Section 3,3.83(d) and 3.3.90(a).

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Ordinance #21, Section 3.3.83(d) and 3.3.90(a) are amended by striking the existing subsections bearing these numbers and by substituting the attached subsection on their respective places.

BE IT FINALLY RESOLVED that Section 3.3.83(d) is to have an effective date of August 6, 1991. 3.3.83 (d) Any Indian who violates this section shall be sentenced to a term of conviction of not more that one (1) year and shall be fined not more than five thousand dollars ($5,000), or both; except that if he or she commits such offense after a prior conviction under this section, or a prior conviction for any alcohol or controlled substances offense chargeable under the laws of any Tribe, State or Federal government has become final, he or she shall be sentenced to a term of imprisonment for not less than fifteen (15) days, and shall be fined a minimum of two thousand five hundred dollars ($2,500); except further, that if he or she commits such offense after two or more prior convictions under this section or any two or more prior convictions for any alcohol or controlled substances offenses chargeable under any Tribal, State or Federal government laws, or a combination of two or more such offenses have become final he or she shall be sentenced to a term of imprisonment for not less than ninety (90) days, and shall be fined five thousand dollars ($5,000). The imposition or execution of a mandatory minimum sentence required to be imposed by this section shall not be suspended or deferred, and no parole, probation or early release shall be authorized. Further, upon conviction, a person who violates this section shall be assessed costs payable to the Hopi Indian Tribe the reasonable costs of the investigation and prosecution of the offense.

3.3.90 A. POSSESSION OR DISTRIBUTION OF ALCOHOL OR CONTROLLED SUBSTANCES IN, ON OR NEAR SCHOOLS, PLAYGROUNDS AND YOUTH CENTERS.

Any Indian who distributes or possesses with intent to distribute alcohol or controlled substances in, on, or within one thousand (1000) feet of the real property comprising a tribal, community, public or private elementary school, vocational school, secondary school, community college, playground, or youth center violates this section. Each act of distribution or possession with intent to distribute shall constitute a separate offense. For each such offense, the Court shall impose a term of imprisonment of one (1) year, and a fine of five thousand dollars ($5,000). The mandatory minimum sentencing provisions of this section shall not apply if the Court finds that the person guilty of distribution in violation of this section did so on a single occasion and involving a small amount of either alcohol or a controlled substance and the Court finds in writing that extraordinary circumstances justify mitigation of the mandatory minimum sentence provided by this section. The imposition or execution of the mandatory minimum sentence required to be Imposed by this section shall not otherwise be suspended or deferred, and no parole, probation or other early release shall be authorized. Further, upon conviction under this section, the court shall assess as costs payable to the Hopi Indian Tribe the reasonable costs of investigation and prosecution of the offense.

CERTIFICATION

The foregoing resolution was duly adopted by the Hopi Tribal Council on October 07, 1991, at a meeting at which a quorum was present with a vote of 8 in favor, 1 opposed, 1 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(g) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does require Secretarial approval.

(signed)

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed)

Anita Horace, Tribal Secretary

Hopi Tribal Council

RESOLUTION HOPI TRIBE H-12-76

To Establish The Hopi Trial Courts As Courts Of Record; To Establish An Order Of Precedence For Authority To Guide Trial Courts In Making Decisions; And To Clarify The Procedures of The Appellate Court Of The Hopi Tribe.

BE IT ENACTED BY THE HOPI TRIBAL COUNCIL ASSEMBLED:

Section 1. Courts of Record.

(a) The Courts of the Hopi Tribe, both Trial and Appellate are hereby declared to be Courts of Record and the Clerk thereof is hereby authorized to certify under seal as to the accuracy and validity of the files and records of all proceedings before the Courts of the Hopi Tribe.

(b) The Clerk of the Courts of the Hopi Tribe is hereby authorized to take, preserve and certify under seal to the accuracy of a verbatim record of the proceedings before the Courts of the Hopi Tribe. Such record may be taken and recorded by a stenographic, electronic, mechanical, or other recording means of devices approved by the Chief Judge of the Court as a trustworthy means of creating a permanent verbatim record of all proceedings.

(c) The Chief Judge of the Trial and Appellate Courts shall, by rule, prescribe the length of time such verbatim transcripts shall be preserved by the Clerk.

(d) It shall be a criminal offense, punishable by the penalties and under the rules and procedures of Hopi Ordinance 21, dated July 10, 1972, as amended, for the Clerk of the Trial Courts to knowingly make or keep a false file, record or certificate or to alter, amend or destroy any file, record or transcript without lawful authority.

Section 2. Precedential Authority for Trial Courts.

(a) The Courts of the Hopi Tribe, in deciding matters of both substance and procedure, in cases otherwise properly before the Courts of the Hopi Tribe, shall look to and give weight as precedent to, the following:

(1) The Hopi Constitution and Bylaws;

(2) Ordinances of the Hopi Tribal Council;

(3) Resolutions of the Hopi Tribal Council;

(4) Customs, traditions and culture of the Hopi Tribe;

(5) Laws, rules and regulations of the Federal Government and cases interpreting such. Such laws, rules and regulations may, in circumstances dictated by the Supremacy Clause of the U.S. Constitution, be required to take a higher order or precedence.

(6) The laws and rules, and cases interpreting such laws and rules, of the State of Arizona. This provision shall not be deemed to be an adoption of such laws or rules as the law of the Hopi Tribe nor as a grant or cession of any right, power or authority by the Hopi Tribe to the State of Arizona.

(7) The Common Law

(b) The Courts of the Hopi Tribe shall not recognize nor apply any federal, state, or common law rule or procedure which is inconsistent with either the spirit or the letter of either the Hopi Constitution and Bylaws or any Hopi Ordinance or Resolution or the custom, traditions, or culture of the Hopi Tribe, unless otherwise required, in the case of federal law, by the Supremacy Clause of the U. S. Constitution.

Section 3. Appellate Procedure.

(a) There shall be no right to a trial de novo (new trial) in appeals from the Trial Courts to the Appellate Court, unless a trial de novo is stipulated by a particular statute. The decision of the Appellate Court shall be made on the basis of the file and verbatim record of the proceedings in the Trial Court plus the briefs and memoranda submitted by the parties to the appeal.

(b) Upon the stipulation (agreement) of all parties to an appeal, the decision of the Appellate Court may be made upon the basis of stipulated (agreed) facts and/or issues of law and without, or with less than all of, the file and/or verbatim record of the Trial Court, plus, in any case, the briefs and memoranda submitted by the parties to the appeal.

HOPI TRIBAL COUNCIL RESOLUTION H-62-90

WHEREAS, the Hopi Tribal Council supports the purposes and goals of the 1968 Indian Civil Rights Act; and

WHEREAS, the Hopi Tribal Trial and Appellate Courts consistently have held, in part at the urging of the Hopi Tribal Council, that the Indian Civil Rights Act applies to the Hopi Indian Tribe in its operations and in cases in the Hopi Tribal Court; and

WHEREAS, sovereign immunity plays an essential function in protecting limited tribal, federal and state government treasuries for utilization in important governmental projects for the common good; and

WHEREAS, suits for injunctive relief to enforce rights secured by the Hopi Constitution, other Hopi law, and the Indian Civil Rights Act can be maintained against Hopi Tribal government officials and such suits are not barred by the doctrine of sovereign immunity in Hopi Tribal Trial and Appellate Courts; and

WHEREAS, the Hopi Indian Tribe has established a trial and appellate court; and

WHEREAS, judges of the Hopi Trial Courts past and present have included a lawyer chief judge of the trial court, a lawyer judge pro tem of the trial court who also is an Arizona Superior Court Judge, a law school trained chief judge of the Hopi Tribal Court of Appeals who also is a professor at the University of Arizona. a lawyer judge of the Hopi Court of Appeals mho was chief judge of a division of the Arizona Court of Appeals. a lawyer judge of the Hopi Tribal Court of Appeals who is now s U.S. District Court Judge, a lawyer judge of the Hopi Tribal Court of Appeals who is a professor at the Arizona State University College of Law. a lawyer judge of the Hopi Tribal Court of Appeals who is a sitting judge of the Arizona Superior Court, as well as other lawyer. law school and judicial college trained judges; and

WHEREAS, the Hopi Tribal Council was not consulted by the U.S. Commission on Civil Rights about the true civil rights needs of Indian people; and

WHEREAS, the Hopi Tribal Council believes that unemployment and underemployment. employment discrimination, inadequate economic development. inadequate funding of reservation education systems by the federal government. sexual abuse of Hopi and other Indian children by federal government education employees, inadequate protection or Indian natural resources by the federal government, federal laps and policies allowing states to tax reservation economic development without sharing those tax revenues with Indian tribes or reinvesting those revenues for on-reservation infrastructure necessary for sustained and meaningful on-reservation economic development are each civil rights issues of more practical and long-term importance to Indians than the biased study conducted by U.S. Commission on Civil Rights; and

WHEREAS, the U.S. Commission on Civil Rights as an agency of the United States has a trust responsibility to carry-out the government-to-government and fiduciary relationships between tribal and federal governments; and

WHEREAS, the Hopi Indian Tribe does not believe an adequate basis has been established to amend the Indian Civil Rights Act as provided for in S. 517; and

WHEREAS, the Hopi Indian Tribe recognizes a need to strengthen and improve tribal courts and that the federal government has a trust responsibility to provide financial, training and other technical support to help Indian tribes fulfill duties imposed by the Indian Civil Rights Act.

NOW THEREFORE BE IT RESOLVED that the Hopi Tribal Council opposes S. 517.

BE IT FURTHER RESOLVED that the Hopi Indian Tribe supports the goals and policies of the 1968 Indian Civil Rights Act.

BE IT FURTHER RESOLVED that the Hopi Indian Tribe does not believe that sovereign immunity does or should bar properly framed suits for injunctive relief against tribal officials in tribal courts under the Indian Civil Rights Act.

BE IT FURTHER RESOLVED that the Hopi Tribal Council believes that the defense of sovereign immunity is proper and should continue to be available in suits for damages against tribal governments as such is necessary to preserve limited public funds for public purposes.

BE IT FURTHER RESOLVED that Congress should investigate the U.S. Commission on Civil Rights to determine whether its recent study of Indian Civil Rights spas unbiased and professionally executed.

BE IT FURTHER RESOLVED that Congress should affirm that federal agencies have a duty to consult on a government-to-government basis with tribal governments about studies or investigations affecting tribal governments being proposed to be conducted by federal agencies.

BE IT FINALLY RESOLVED that Congress should provide financing, training and technical assistance to help Indian Tribes meet the goal of the Indian Civil Rights Act.

The foregoing resolution was duly adopted by the Hopi Tribal Council on April 02, 1990, at a meeting at which a quorum was present with a vote of 14 in favor, 0 opposed, 0 abstaining (Chairman presiding and not voting) pursuant to the authority vested in the Hopi Tribal Council by Section 1(a) of Article VI of the Hopi Tribal Constitution and By-Laws of the Hopi Tribe of Arizona, as ratified by the Hopi Tribal Council on October 24, 1936, and approved by the Secretary of the Interior on December 19, 1936, pursuant to Section 16 of the Act of June 18, 1934. Said resolution is effective as of the date of adoption and does not require Secretarial approval.

(signed) Vernon Masayesva

Vernon Masayesva, Chairman

Hopi Tribal Council

ATTEST:

(signed) Anita Horace

Anita Horace, Tribal Secretary

Hopi Tribal Council

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