TITLE I

SOVEREIGNTY - COURTS

CHAPTER 100

SOVEREIGNTY, JURISDICTION

100.01                         Extent of Sovereignty and Jurisdiction

The sovereignty and jurisdiction of the Red Lake Band of Chippewa Indians shall extend to all places within the boundaries of the Red Lake Indian Reservation including all restored parcels of land as defined in the Treaties creating the Reservation and the documents restoring land to the Red Lake Band.

100.02                         Criminal Jurisdiction

The Red Lake Court of Indian Offenses shall have jurisdiction over all offenses committed within the boundaries of the Red Lake Indian Reservation and restored land against the law of the Tribe as established by this Code of Laws and by duly enacted ordinances of the Red Lake Tribal Council.

100.03                         Civil Jurisdiction

The Red Lake Court of Indian Offenses shall have civil jurisdiction over any civil matter wherein the parties to the action are non-Indians, Indians or the parties are an Indian and a corporation, partnership, association or other entity in which the same is owned in whole or the controlling interest therein is owned by an Indian or Indians or an Indian Tribe, and:

      a)              The cause of action arises under the Constitution, Laws or Ordinances of the Red Lake Band of Chippewa Indians; or

      b)              The transaction or occurrence giving rise to the cause of action occurred on the Red Lake Indian Reservation which includes any restored lands.

(Section 100.03, original wording reinstated by Resolution No. 1-92 dated January 14, 1992)

100.031           Limited Waiver

Subdivision 1. Waiver. Notwithstanding other provisions of this Code to the contrary, the Red Lake Nation Courts shall have jurisdiction over all suits based on an action to recover possession of collateral in which the defendant is an Indian, resides on the Red Lake Indian Reservation and has executed, in connection with a loan, a security agreement waiving his or her right to the collateral set forth in the security agreement. Language sufficient to create such a waiver shall be as follows:

"In case of default under the terms of the security agreement dated , the debtor herein waives all rights to the collateral herein and grants permission to the creditor to file suit in the Red Lake Nation Courts in an action to recover possession of the collateral herein."

            Dated:

            Witness                                                                       Debtor

            Witness

Subdivision 2. Conditions of Waiver. The remedy available to a creditor in this section shall only exist on the condition that the collateral which is the subject of the action was obtained by the debtor with the proceeds of the loan which the collateral secures and on the further condition that the creditor in the action possesses a valid business license issued by the Red Lake Band of Chippewa Indians.

Subdivision 3. Filing. The waiver set forth in Subdivision 1 hereof shall be signed by the debtor in the presence of two witnesses who shall also sign their signatures as witnesses to the waiver. A copy of the executed waiver, together with a filing fee in the amount of $5.00, shall be filed with the clerk of the Red Lake Nation Courts.

(Section 100.031, Limited Waiver added to Tribal Code by Resolution No. 51-92 dated February 11, 1992)

100.04                         Sovereignty of the Tribe

Subdivision 1. Immunity from Suit. The Red Lake Band of Chippewa Indians shall be immune from any lawsuit. Nothing in this Code shall be construed as consent by the Tribe to be sued.

Subdivision 2. Suits Against Tribal Officials. No elected official or employee of the Red Lake Band of Chippewa Indians shall be subject to a lawsuit for money damages for actions taken in the course of his/her official duties or in the reasonable belief that such actions were within the scope of his/her official duties; unless, in the case of a tribal employee who does not hold elected office, it is established that such action was taken with malicious intent and in bad faith.

Subdivision 3. Declaratory and Equitable Relief. The Red Lake Court of Indian Offenses

has exclusive jurisdiction over all suits in which tribal officials are defendants where only declaratory and equitable relief is sought.