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Approved: 1998; Last amended: 2004
A RESOLUTION TO ESTABLISH THE COUSHATTA TRIBAL COURT; TO ENACT THE JUDICIAL CODES OF THE COUSHATTA TRIBE OF LOUISIANA AND TO CONFER UPON THE COURT JURISDICTION TO ADJUDICATE TORT CLAIMS ARISING FROM ALLEGED INJURIES OF PATRONS TO THE TRIBAL GAMING FACILITIES AND OPERATIONS.
| WHEREAS, | the Coushatta Tribe of Louisiana (the "Tribe")
is a sovereign Indian Nation, recognized as such by the United States of
America; and |
| WHEREAS, | the Coushatta Tribe of Louisiana exercises all
the power and authority of a sovereign nation that has not been specifically
limited Congress; and |
| WHEREAS, | the Coushatta Tribe of Louisiana is empowered
by its sovereign status to exercise its Legislative, Executive and Judicial
powers; and |
| WHEREAS, | the Coushatta Tribal Council is the duly elected
governing body of the Coushatta Tribe; and |
| WHEREAS, | pursuant to the Indian Gaming Regulatory Act
of 1988, the Tribal Council has made a compact with tile State of Louisiana
to provide for the economic well-being of the Tribe by casino gambling;
and |
| WHEREAS, | the Tribal State Compact requires that the Coushatta
Tribe of Louisiana adopt reasonable procedures for the disposition of tort
claims; and |
| WHEREAS, | the Tribal Council notes that the activities
of the Tribe, tribal members and nonmembers engaging in commercial transactions
with the Tribe and within tribal jurisdiction clearly warrant the enactment
of Judicial Codes to govern the activities within the Tribe's jurisdictional
territory and the creation of a Coushatta Tribal Court to settle disputes
arising within the Tribe's jurisdictional territory. |
| THEREFORE BE IT RESOLVED, | that the Coushatta Tribal Council hereby establishes
the Coushatta Tribal Court and confers jurisdiction on the Court to hear
and settle disputes of all kinds arising within the territorial boundaries
of the Tribe; |
| BE IT FURTHER RESOLVED, | that the Coushatta Tribal Council hereby enacts
the following Judicial Codes and extends the authority of the Coushatta
Judicial Codes to include the disposition of tort claims arising from alleged
injuries to patrons of the Tribal Casino and other facilities: |
TITLE I - COUSHATTA COURT PROCEDURE
TITLE II - CRIMINAL PROCEDURE
TITLE III - CRIMINAL OFFENSES
TITLE IV - EXTRADITION
TITLE V - ALCOHOL AND DRUGS
TITLE VI - JUVENILES
TITLE VII - TRAFFIC SAFETY
TITLE VIII - DOMESTIC RELATIONS
TITLE IX - CIVIL PROCEDURE
TITLE X - COUSHATTA TRIBAL TAX CODE
CERTIFICATION
This resolution was duly acted upon by the following Council
Members at a meeting held on July 16, 1998 with a quorum present.
| /s/ LOVELIN PONCHO - Chairman |
/s/ |
| /s/ WINSTON JOHN |
/s/ LEONARD BATTISE |
| /s/ SANFORD ROBINSON |