Tribal Laws/Codes
The following Tribes post their Tribal Laws/Codes online. Please note that codes are systematic collections of laws organized by subject matter.
Alabama-Coushatta Tribe of Texas has recently posted their Comprehensive Codes of Justice.
Alabama
Alaska
Arizona
California
Connecticut
Florida
Idaho
Indiana
Iowa
Kansas
Louisiana
Maine
Massachusetts
Michigan
Minnesota
Mississippi
Montana
Nebraska
Nevada
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
South Dakota
Texas
Alabama-Coushatta Tribe of Texas has recently posted their Comprehensive Codes of Justice.
Kickapoo Traditional Tribal of Texas Tribal Codes
Ysleta del Sur Pueblo Tribal Code (partial)
Utah
Washington
Wisconsin
Wyoming
Other Resources for Tribal Law/Codes
TLPI Tribal Legal Code Development Series
Tribal Law and Policy Institute (TLPI) has an extensive Tribal Legal Code Development Series including the following.
- Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction is designed to provide guidance for Native nations interested in implementing enhanced sentencing under the Tribal Law and Order Act and/or the special domestic violence criminal jurisdiction under the 2013 Violence Against Women Act (Updated 2016).
- Sexual Assault and Stalking Laws is designed to assist Native nations interested in developing or revising victim-centered laws on sexual assault and stalking. This resource includes sample language and exercise questions designed to guide discussion on what laws will best reflect tribal values. Originally published in 2008, this resource was revised and updated to reflect innovations in tribal law and new federal requirements (updated 2017).
- Domestic Violence Laws is designed to offer suggestions on how tribal domestic violence laws can be drafted in a way that provides safety and support for the survivors of domestic violence (updated 2015)
- Juvenile Delinquency and Status Offense Laws is designed to assist Native nations in drafting or revising their juvenile statutes as part of the development or reform of their juvenile justice system. Topics covered range from criminal offenses, to non-delinquency proceedings to integrating culture and tradition (2015).
- Civil Dependency and Related Laws is designed to assist Native nations in drafting or revising their civil dependency laws as part of the development or reform of their child welfare system. Topics covered range from incorporating custom and tradition, to child-in-need-of-assistance proceedings to foster care in Native nations (2017).
- Laws on Crimes Against Children is designed to provide a process for enacting a culturally-appropriate criminal code that address the victimization of tribal children. This resource attempts to balance the goals of protecting the sacredness of children while also assuring due process protections for the accused (2008).
Sample or Model Codes
The following sample or model codes were not developed for any specific Indian Nation, but were intended to be used by tribal governments as a starting point which is to be built upon, modified and adapted according to the needs and customs of each individual Indian Nation. The majority of these sample codes provide options and commentaries for tribes to consider in evaluating and adapting the code to meet their specific needs.
- Model Tribal Sex Offender Registration Code(2017) was developed by the SMART Office, with the assistance of a national panel of experts, to assist tribal jurisdictions implement SORNA. We recommend that any Model Code, including this final version, be utilized as a guide and that each jurisdiction adapt and customize to their laws and practices.
- Sample Tribal Judicial Codeis a sample judicial code developed by the Tanana Chiefs Conference. It is intended for Alaska Native tribes, and covers tribal court structure, court procedures, court of appeals, and youth courts.
- Model Indian Juvenile Code(2016) was recently developed by the University of Washington Center for Indigenous Research & Justice. The model code was originally developed pursuant to Congressional mandate in 1986, and updated pursuant to an interagency memorandum of agreement between the Department of Interior, the Department of Justice, and the Department of Health and Human Services.
- Model Tribal Domestic Violence Full Faith and Credit Ordinance(2000) was developed by the Minnesota Center Against Violence and Abuse (MINCAVA). The chapter is aimed towards ensuring domestic violence protection orders issued by other jurisdictions are honored and enforced the tribal court and tribal law enforcement.
Additional Resources
Code Development: Process and Structure by American Indian Development Associates provides tribal juvenile code writers and developers an overview of issues to consider in the code development process.
Tribal Legal Code Project (1999) was developed by the Tribal Law and Policy Institute for the U. S. Department of Housing and Urban Development’s (HUD) Office of Native American Programs (ONAP) including a comprehensive revised Tribal Housing Code along with expanded tribal legal resource materials – such as zoning, land use and planning, building, commercial, corporations, environmental review, and probate codes - that could be used to facilitate housing and community development in Indian country.
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