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How to find the most updated Turtle Mountain Code section

by Huma Ahsan

Looking for the most recent Turtle Mountain Tribal Code Statutes involves several steps. First, one needs to start with the Turtle Mountain Tribal Code of 1976. The second place to check is with the Turtle Mountain Tribal Code Revisions book. The third place a person should check is with The Turtle Mountain Tribal Code of 1976 – Procedures, Administrative, Judicial, and Criminal code book. The last place a person should check is with the Turtle Mountain Resolution outlines. These outlines were created by several law school interns who researched all Tribal Council Resolutions located at the Tribal Council Offices and other resolutions that were not present there. These outlines list out all the resolutions passed by the Tribal Council since 1992 to 2003 that would affect the meaning of any statute listed in the previous mentioned code books. We believe that if a person checks the following books and outlines; they should have the most recent Turtle Mountain Code Sections. However, these outlines do not contain any resolutions passed since 3-8-03. Also, since 1976, the Turtle Mountain Tribal Council has adopted many other specific titles or specific codes that are listed below after the outlines.

For any currently listed or recently passed resolutions or titles listed below, they can be obtained by contacting the Tribal Secretary/Public Records Office at 477-2600.

1. Turtle Mountain Tribal Code of 1976 (currently unavailable to TMCC)
2. Turtle Mountain Tribal Code Revisions (currently unavailable to TMCC)
3. Turtle Mountain Tribal Code of 1976- Procedures, Administrative, Judicial and Criminal (currently unavailable to TMCC)
4. Turtle Mountain Tribal Council Resolution Outlines
   1. Tribal Council Resolutions that affect the Code (1.78 MB PDF)
   2. Tribal Council Resolutions that affect the Land description of the reservation (289 KB PDF)
   3. Tribal Council Resolutions that affect the Gaming Code (161 KB PDF)
5. Published Tribal Codes
6. Ordinances

In June of 2002, the Turtle Mountain Appellate Court ruled on how they would interpret a dispute over which tribal code sections applies to a particular factual situation. In Lenoir and the Tribal Council v. Monette, Civ No. 02-0039, the Appellate Court decided that “The November 21, 1996 resolution only rescinded the adoption of the code sections effected by the council on November 1, 1996 and specifically reinstates the 1976 Code, including Chapter 13 and any additions or amendments thereto. (emphasis added). The provisions of the amendments to Chapter 13 survive the November 21, resolution, therefore, to the extent they do not conflict with the Tribal Code of 1976 and the Tribal Constitution.” See id. at page 6 of the court opinion.

This opinion that “the 1996 code was rescinded by a the November 21, 1996, Tribal Council resolution and that the 1976 code and any amendments to that survive so long as the resolution not conflict with the 1976 code and tribal constitution” was affirmed by a later Turtle Mountain Appellate Court ruling in Les LaFountain v. Turtle Mountain Tribal Council.

The cost for a copy of the code is $150 for duplication purposes. For more information please contact Project Peacemaker at 701-477-7862 ext 2075 or the Turtle Mountain Tribal Council at 701-477-2600 (Fern Peltier) or the Turtle Mountain Courthouse at 477-6121.