Tribal Court Clearinghouse          

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.

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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