Ione Band of Miwok Indians: Judiciary Functions/Dispute Resolution Excerpt

Year

Article VIII - TRIBAL JUDICIAL SYSTEM
The judicial power ofthe Tribe shall be vested in the Tribal Council until such time as Tribal court(s) or other appropriate forums may from time to time be established by ordinance(s) for that purpose. Said ordinance(s) shall ensure the impartiality and independence of the judiciary by specifying causes and procedures for removal and prohibiting reductions in rates of compensation greater than those that may be applied to the Tribal Council and/or the Tribal Chairperson; define the jurisdiction of each court created there under; specify the manner ofselection, term of office and qualifications of judges; and provide for the adoption ofthe procedures under which each court shall function. In special circumstances as defined by appropriate ordinance, the Tribal Council shall sit as a Tribal trial or appellate court. The Tribal judicial system, whenever possible, shall give full recognition and weight to Tribal customs, including traditional methods of mediation and dispute resolution.

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Citation

Ione Band of Miwok Indians of California. 2002. "The Constitution of the Ione Band of Miwok Indians of California." Plymouth, CA. 

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Ione Band of Miwok Indians of California Constitution

Location: California Population: 750 Date of Constitution: 1996

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Professor Robert A. Williams, Jr. shares a short test to help a Native nation and its leaders and citizens determine whether or not their judicial system is truly independent.

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University of South Dakota Professor of Law Frank Pommersheim discusses the key constitutional issue of dispute resolution and presents three cases demonstrating how tribes are endowing their constitutions with legitimacy through the careful, thoughtful resolution of disputes.