Our Indigenous Tribunal Rules & Procedures

ESTABLISHMENT OF THE ASMIN INDIGENOUS TRIBUNAL

Pursuant to the authority vested in the ASMIN Indigenous Nation by virtue of its sovereignty and inherent powers of self-government, the Nation hereby establishes the ASMIN Tribunal ASKIT. The ASMIN Tribunal ASKIT includes both a Trial Court with a Peacemakers division and a Court of Appeals.

ARTICLE 1 – DEFINITIONS

1. “Chief Judge” means the Judge appointed as the supervisor of the ASMIN Tribunal .

2. “Chief Appellate Judge” means the Clan Mothers of the Appellate Division.

3. “Judge” or “Judges” means the duly appointed and commissioned trial and appellate judges of the ASMIN Tribunal ASKIT.

ARTICLE 2 – DUE PROCESS

The ASMIN TRIBUNAL ASKIT shall provide 15 days written notice to be heard. Respondents who fail to appear will have a default judgment entered against them.

ARTICLE 3 – TERRITORIAL JURISDICTION

The territorial jurisdiction of the ASMIN Tribunal ASKIT shall extend to all lands possessed, occupied or held by the Nation..

ARTICLE 4 – CIVIL JURISDICTION

The ASMIN Tribunal ASKIT shall have civil subject matter jurisdiction over all civil suits, claims and causes of action arising out of or pertaining to conduct, activities or undertakings within the territorial jurisdiction of the Nation, except:

(1) Political Questions. ASKIT shall have subject matter jurisdiction over political questions relating to the Nation’s government or its relations with other Nations.

( 2) Membership and Good Standing in Nation. The ASMIN Tribunal ASKIT shall not have subject matter jurisdiction to determine the requirements of eligibility for membership in the Nation or the membership status or good standing of any individual. The written statement of the Chief of Justice, provided by a party or requested by the Tribunal ASKIT shall be conclusive and incontrovertible evidence as to membership in the Nation, eligibility therefore or good standing thereof.

ARTICLE 5 – CRIMINAL JURISDICTION

The ASMIN Tribunal ASKIT shall have criminal jurisdiction over crimes or offenses committed by members of the Nation or members of other Indian nations within the territorial jurisdiction of the Nation.

ARTICLE 6 – APPELLATE JURISDICTION

All appeals shall be heard by Clan Mother as designated by the Grand Chief / Chief of Justice.

ARTICLE 7 – PERSONAL JURISDICTION

In matters over which it has civil subject matter jurisdiction, the ASMIN Tribunal ASKIT may exercise personal jurisdiction over persons properly served with process or consenting to jurisdiction.

ARTICLE 8 – PEACEMAKING

Peacemaking shall be encouraged in all cases before the ASMIN Tribunal ASKIT , which Tribunal shall be governed by the Peacemaking Rules as are in effect from time to time.

ARTICLE 9 – SEPARATION OF POWERS

There shall be no encroachment on or interference with the judicial powers of the ASMIN Tribunal ASKIT by the Nation’s governing structure.

ARTICLE- 10 LAW TO BE APPLIED

The ASMIN Tribunal ASKIT shall apply the Law known internationally

as Equity (or The Law of Ma’at).

In a Conflict of Law situation, the ASMIN Tribunal ASKIT may apply, in the appropriate case, the civil laws of any state of the United States, or any Province of Canada or other jurisdiction, including the common law thereof, which the Tribunal finds to be compatible with the public policy and needs of the Nation.

No other Indigenous, federal, state or other law shall be applied pursuant to this section if such law is inconsistent with the treaties, compacts, codes, ordinances, rules, regulations or common law of the Nation or the public policy of the Nation.

The ASMIN Tribunal ASKIT shall have the authority to further develop through its decisions the Nation Law of Equity for the Tribunal on any question of law.

In further developing the Nation’s Law of Equity and in deciding the cases before it, the ASMIN Tribunal ASKIT shall strive to achieve stability, clarity, equity, commercial reasonableness and fidelity to any applicable treaties, compacts, codes, ordinances, rules and regulations to which ASMIN is a party.

ARTICLE 11 – THE TRIBUNAL

Judges and Peacemakers of the ASMIN Tribunal ASKIT :

{a} Judges of the ASMIN Tribunal ASKIT (and its Court of Appeal) shall be individuals who meet the qualifications set forth by the Chief of Justice and who shall be duly appointed and commissioned by the Nation Representative(s).

(b) The Judges of ASKIT may include persons qualified to practice law in a state of the United States or Province of Canada who shall from time to time agree to serve as Judges of ASKIT at a rate of pay to be set in advance of their appointment. A list of trial Judges shall be maintained by the ASMIN Tribunal.

Peacemakers shall be people with experience in peacemaking, arbitration or mediation. The Chief of Justice shall appoint a peacemaker in any matter deemed appropriate or where a party requests peacemaking.

ARTICLE 12 – RECUSAL; REMOVAL

Recusal. A Judge shall recuse himself/herself from a case for any conflict of interest or appearance thereof.

Removal. A Judge may be removed from office by the Grand Chief / Chief of Justice. for cause. Cause is defined as:

(a) Failure to uphold the integrity of ASKIT;

(b) Impropriety or the appearance thereof in his/her activities;

(c) Failure to perform the duties of his/her office impartially and diligently;

(d) Engaging in political activity inappropriate to his/her judicial office; or

(e) Breach of the Code of Judicial Conduct.

ARTICLE 13 – RULES OF PROFESSIONAL CONDUCT AND CODE OF JUDICIAL CONDUCT

Professional Responsibility.

The substantive rules of the American / Canadian Bar Association Model Code of Professional Responsibility, as may be amended from time to time, are hereby adopted as and declared to be the Code of Professional Responsibility for attorneys appearing before the ASKIT to the extent applicable, except as such Code may be in conflict with Nation treaties, compacts, codes, ordinances, rules or regulations.

Amendment of Rules. The Chief Judge, with the approval of the Representative(s), may amend the Code of Professional Responsibility.

Judicial Conduct. The American / Canadian Bar Associations Model Code of Judicial Conduct, as may be amended from time to time, is hereby adopted as and declared to be the Code of Judicial Conduct for the ASMIN Tribunal except as such Code may be in conflict with Nation treaties, compacts, codes, ordinances, rules or regulations, and provided, however, that Judges of ASKIT, in the exercise of their judicial functions, shall not be prohibited from practicing law. Amendment of Rules. The Chief of Justice, with the approval of the Nation Representative(s), may amend the Code of Judicial Conduct.

ARTICLE 14 – BUDGETS AND FISCAL ACCOUNTABILITY

The Chief Judge shall, at the direction of the Nation Representative(s), develop an annual budget and submit it to the Nation for action. The Chief Judge shall account for all monies expended by the in a manner to ASMIN Tribunal ASKIT be determined by the Chief Financial Officer of the Nation. The Chief Judge shall follow the budgetary processes and procedures required by the Budget Director of the Nation.

ARTICLE 15 – COMITY

Comity may be given in the ASMIN Tribunal ASKIT to the judicial proceedings of any court of competent jurisdiction in which final judgments, orders or stays have been obtained, provided, however, that comity shall not be given to final judgments, orders and stays rendered by any court which declines or refuses to similarly recognize the final judgments, orders or stays of the ASMIN Tribunal. Comity shall not be extended in any case which involves the treaty rights of Nation members, including, but not limited to, matters related to taxation, hunting and fishing, nor may comity be extended to any final judgment, order, stay, subpoena or compulsory process the enforcement of which would infringe upon the sovereignty of the Nation.

Upon the granting of comity by the ASMIN Tribunal ASKIT to the final judgment, order or stay of a foreign court, the Nation shall honor and fulfill such final judgment, order or stay. The Nation shall be given notice and an opportunity to be heard on any motion for the extension of comity, and due regard shall be had by ASKIT for the sovereign prerogatives of the Nation.

ARTICLE 16 – INTERPRETATION

1. Sovereign Immunity. The Nation does not by enacting this Ordinance waive in any respect its sovereign immunity; or that of its agents or officers, in any manner, under any law, for any purpose, or in any place.

2. No Right of Action. This revised Code does not create any right, cause of action or benefit enforceable at law or in equity by any man/woman against ASMIN, its agencies, its officers or employees, or any other person.

3. Not Subject to Review. This Ordinance is not subject to review or modification in any state or federal court or by any authority outside the Nation.

ARTICLE 17 – EFFECTIVE DATE

This Code is effective upon enactment.

The Enactment date was amended this 8th day of May, 2021.