RST Resolution No. 2018-04

Resolution No. 2018-04

WHEREAS, The Rosebud Sioux Tribe is a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act of 1934 and pertinent amendments thereof: and

WHEREAS, The Rosebud Sioux Tribe is governed by a Tribal Council made up of elected representatives who act in accordance with the powers granted to it by its Constitution and By-laws; and

WHEREAS, The Rosebud Sioux Tribal Council is authorized to promulgate and enforce ordinances for the maintenance of law and order, and to safeguard the peace and morals, and general welfare of the Tribe, pursuant to the Rosebud Sioux Tribe Constitution and By-Laws Article IV Sections1 (k), and (m), and

WHEREAS, This Rosebud Sioux Tribe is authorized, pursuant to the Constitution and By-laws of the Rosebud Sioux Tribe, Article IV, Powers of the Rosebud Sioux Tribal Council, Section 1, Subsection (l), to promulgate and enforce ordinances providing for the maintenance of law and order and the administration of justice by establishing a reservation court and defining its duties and powers; and

WHEREAS, The Rosebud Sioux Tribal Council has enacted Ordinance No. 80-03, creating and establishing the Rosebud Sioux Tribe Judiciary Committee, to develop and coordinate all aspects of law and order of the Rosebud Sioux Tribe; and

WHEREAS, The RST Judiciary Committee has the authority to review and recommend legislation for concurrence by the Tribal Council; and

WHEREAS, The Rosebud Sioux Tribe Judiciary Committee has recommended the Rosebud Sioux Tribal Council amend the Rosebud Sioux Tribe Law and Order Code Title Nine, Chapter One, COURTS, JUDGES, AND COURT PERSONNEL, Section 9-1-5 2. (a)(1), attached as Exhibit #1, and;

 THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council adopts and approves the recommendation of the RST Judiciary Committee and amends the Rosebud Sioux Tribe Law and Order Code Title Nine, Chapter One, COURTS, JUDGES, AND COURT PERSONNEL, Section 9-1-5 2. (a)(1), attached as Exhibit #1, enacted as RST Ordinance No. 2018-01; and

BE IT ALSO RESOLVED, that the effective date of the amendments to the Rosebud Sioux Tribe Law and Order Code Title Nine, Chapter One, COURTS, JUDGES, AND COURT PERSONNEL, Section 9-1-5 2. (a)(1),, shall be final upon approval by the Rosebud Sioux Tribal Council.

Certification

This is to certify that the above Resolution No. 2018-04 and Ordinance 2018-01 was duly passed by the Rosebud Sioux Tribal Council for a First Reading on January 10, 2018, by a vote of fifteen (15) in favor, zero (0) opposed and zero (0) not voting. A second reading was held on January 24, 2018 by a vote of fifteen (15) in favor, zero (0) opposed and zero (0) not voting. The said resolution was adopted pursuant to authority vested in the Council. A quorum was present.

ATTEST:

Linda L. Marshall, Secretary

Rosebud Sioux Tribe 

William Kindle, President

Rosebud Sioux Tribe

Exhibit #1

Ordinance No. 2018-01

Rosebud Sioux Tribe Title Nine

Chapter One

Courts, Judges, And Personnel

This ordinance amends to RST Law and Order Code Chapter One, Section 9-1-5, be deleting and repealing the provision indicated by the strike through, as follows;

9-1-5 COURT PERSONNEL

1….

2. There shall be appointed for the Tribal Court one (1) Chief Judge and two (2) or more associate judges as the Judiciary Committee and the tribal council see fit.

(a) To be eligible to hold office of Chief Judge, a person

1. Must be at least 30 years of age 

Published once at the total approximate cost of $50.37

Published: February 7, 2018

PO Box 229, Mission, SD 57555 • 605-856-4469 • This email address is being protected from spambots. You need JavaScript enabled to view it.