Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

TCT.2.3.020 Jurisdiction of the Tribal Court

The Tribal Court shall have jurisdiction over:

(a) All matters arising under the Constitution and laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) All actions brought under the provisions of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law.

(c) All other civil actions in which the locus of any element of any claim is on the Tribe's reservation, or which is based on any contract made on or providing for the delivery of goods or services on the reservation.

(d) Notwithstanding any other provision of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law, the Tribal Court shall have jurisdiction in claims, counterclaims, or cross-claims against the Tribe or its officers acting in their official capacity only as follows:

(1) Against the Tribe, an action for a writ of habeas corpus to test the legality of a person's detention by the Tribe.

(2) Against an officer of the Tribe for actions taken within his or her official capacity, an action for prospective relief in which the officer has acted beyond the scope of his or her valid authority, in violation of applicable law.

(3) Against the Tribe, or against an officer of the Tribe for actions taken within his or her official capacity, where the Tribe has properly waived its sovereign immunity or that of its officers, by resolution, ordinance, agreement, or otherwise.