Show Ute Ufa Tribe adopts new reservation law code A section multi-section document to modernize the judicial system and to strengthen the sovereign position of the Ute Tribe in relation to the surrounding non non Indian communities In northeastern Utah will go into effect September 15 The Law and Order Code improves the inadequate provisions of the existing t I authority under the Code of i Federal Regulations which was wasi i i considered to be too brief and f too sketchy for current and future needs of oC the Ute Tribe I The code is designed to enable tribal officials to protect the i peace health safety and welfare of or the Ute Tribe its 1635 members and other persons living on the Uintah and Ouray Reservation ONE OF the highlights of the code is that it enables the tribe to exercise jurisdiction over non According to tribal attorneys Boyden Kennedy Romney Howa Howard rd Law Firm of Salt Lake City who drafted the code it is now possible for a tribal member to sue a nonmember nonmember nonmember non- non member living on the reservation reservation reservation reser reser- in Tribal Court it is now possible for the tribes tribe's Fish and Game Department to arrest non-members non and have them tried in Tribal Court and it is isnow isnow isnow now possible to charge nonmembers nonmembers nonmembers non- non members with other criminal charges However unless some interest of the tribe or its members is involved criminal matters involving only non- non tribal members will still be handled in municipal county and state courts The development of the code resulted from the recognition by the Tribal Business Com Com- Committee Committee a six-member six governing governing gover gover- ning fling body of the tribe of the need for improvement in the justice system of the Ute people A Justice Planning Committee Committee Committee Com Com- was established to evaluate the needs in relation to juvenile programs facilities court system training and the Law and Order Code itself This committee has followed owed through with the revisions of the first draft FUNDING FOR the develop development ent of the document was as obtained by xa a grant m the L Law iw Enforcement ement Assistance Agency and the Ute Tribe The code was reviewed by the Justice Planning Committee the Tribal Business Committee the University of New Mexico Indian Law Center at Albuquerque the Department of the Interior Regional Solicitor at Salt Lake City and the Bureau of Indian Affairs THERE An ARE 13 major divisions in the code under the general headings of Civil Provisions which make up the first portion of the code and Criminal Provisions the last portion of the code TITLE I General Provisions consists of eight chapters which deals with the general provisions of the rest of the code Chapter 1 defines the constitutional authority identifies the code and abolishes all al prior tribal ordinances ordinances or or- and Code of Federal Regulations ordinances which are not consistent with the code This section also defines jurisdiction courts and court personnel contempt of court counselors and professional attorneys juries service of court papers and other provisions relating to the code TITLE II Ute Indian Rules of Civil Procedure establishes rules covering the civil matters specified under Titles III through XII TITLE III HI Ute Ule Indian Ex Ex- elusion and Removal Code enables the tribe to remove andor and and- or exclude from the reservation undesirable or harmful per per- sons TITLE IV Ute Indian Juvenile Code protects the general welfare of juvenile members of the tribe TITLE V Ute Indian Domestic Relations Code pr provides for the handling of domestic matters such as I marriages divorce child 1 custody and support payments etc I 1 TITLE VI Ute Indian I Probate Code establishes procedures for the handling of estates Including all trust non-trust personal and real property TITLE VII VU Ute Indian Code of Creditors Creditor's Rights and Responsibilities establishes procedures for handling andling foreclosure of secured obligations recovery of rental renta property cancellation of assignments land assign assignments ments and elimination of self self- help remedies TITLE VUI VIII Ute Indian Wildlife and Outdoor Recreation Code Cale 1 provides procedures and organizations to assure the protection and conservation of the reservations reservations reservation's reservations reservation's reser fish and wildlife resources 2 provides for tor the enforcement of fish and game laws and 3 provides for the management of the tribes tribe's outdoor recreational resources TITLE IX Ute Indian Animal Control Code controls non-farm non related domestic animals such as cats and dogs TITLE X Ute Indian Traffic Code maintains the existing situation under which the Utah Traffic Code and related provisions apply on the reservation to both the tribal members and non The traffic rules and regulations of oC the State of Utah plus the licensing and insurance requirements are adopted as the law of the tribe This code also provides for criminal penalties for the violation of the Traffic Code TITLE XI Ute Indian Tribal Police Code establishes standards standards standards stan stan- dards for police conduct establishes a chain of command within the Tribal Police Department defines the duties and qualifications of tribal police officers establishes grounds for dismissal of police officers and provides for the cross of officers into other surrounding jurisdiction TITLE XII Ute Indian Rules of Criminal Procedure establishes procedures for the handling of criminal matters in Tribal Court and to provide for fair speedy handling of criminal cases TITLE XIII Ute Indian Criminal Code protects the individuals individual's right of due process of law provided under the Civil Rights Hights Act of 1968 as amended and protects the Tribe its members and residents of the reservation from criminal conduct in ringing infringing upon their right of peaceful existence A unique feature of f this section is the establishment of a Board for forthe forthe forthe the Disposition of Offenders which will recommend to the judge a rehabilitation program to meet the needs of the of of- fender This final section also defines criminal offenses which are divided into six categories and which include offenses begun but ut not completed such suchy y Jas s attempt conspiracy y and solicitation offences against a person offences against property offenses against the family offenses against the administration of government and offenses against public order and decency MEETINGS l TO inform various Indian and non-Indian non groups of the general contents of the code as they pertain to individual rights obligations responsibilities protections and penalties provided for under the new code are being scheduled this month on the Uintah and Ouray Reserva Reservation tion Copies of the code are available for public inspection and review in the Court Clerks Clerk's office located in the new Justice Building at Fort puch Duchesne |