Statutes | Kenaitze Indian Tribe Code Chapter 2 ยง 18 | 2020
The Court may issue Orders concerning child custody arrangements, domestic relations issues, and any other type of case where an Order is appropriate. Unless the Kenaitze Tribal Code sets a specific penalty for a particular civil violation, the Kenaitze Tribal Court Judges, either by themselves or through the Traditional Conflict Resolution Program, shall determine the specific Orders for a particular case. The Judges may choose from the following options:
A. Fines: Fines for violation of a Tribal ordinance shall not exceed $5,000 or equivalent work sentence. Fines may increase for successive violations of the same ordinance. The Court may garnish wages, permanent fund or dividend checks, village or regional Native corporation dividends, general assistance, or confiscate property in the case of unpaid fines.
B. Community Service: The Tribal Court Judges may order various types of community service work to be completed by the offender. The goal of the community service sentence shall be to provide a benefit to the Tribal community including, but not limited to, the needy, the Elders, the youth, and the victim of the offense. Work sentences shall be completed in 30 days unless otherwise directed by the Court.
Persons have the option of work sentences instead of paying a fine only if the Court specifically permits it. Community work shall contribute the standard minimum wage per hour towards fines ordered by the Kenaitze Tribal Court.
C. Banishment: An Order of temporary or permanent banishment shall only be used to protect the Tribal territory or residents from harm. The length of time a person is banished shall be determined by the severity of the case or upon the completion of treatment that is ordered.
D. Drug and Alcohol Treatment and Other Counseling: The Tribal Court may order an assessment for drug and alcohol treatment and may require that the recommendations of the assessment be met. The Tribal Court may also order other personal counseling. It shall be the responsibility of the party ordered to do such treatment to pay for any and all cost of the treatment.
E. Counseling by Judges and Elders: The Judges of the Kenaitze Tribal Court may counsel persons brought before them in a helpful spirit. The Kenaitze Tribal Court may bring Kenaitze Elders into the Kenaitze Courtroom to counsel people.
F. Restitution: The Tribal Court may order an offender to make restitution to his or her victims. Restitution is defined to include payment of money, repairing property, and apologies. Restitution payment shall go through the Kenaitze Tribal Court Clerk. Non-monetary restitution shall be supervised by a person designated by the Kenaitze Tribal Court.
G. Traditional Activities: The Kenaitze Tribal Court may order a person to participate in seasonally appropriate traditional activities such as fish camps, trapping, hunting, culture camps, and other tribally sponsored or approved traditional activities.