1
KOOTENAI
Tribal Court Information:
a)
Name of Tribal Court:
Tribal Court of the Kootenai Tribe of Idaho.
b) Tribal
Court levels: Tribal Court. Appellate
Court (Appeals heard by one judge who did not hear the original case).
c)
Qualification
requirements for Judges: All judges:
must be over 25 years of age; no felony or moral turpitude convictions; satisfactory
showing of knowledge and understanding of tribal, federal, and state law
applicable to reservation and tribal members; preference to an enrolled member
of a recognized tribe.
d) Names and Titles of Tribal Judges:
Sr., Chief Judge:
Fred W. Gabourie, Attorney Judge
Associate Judge:
Position Open
Court Clerk's Office:Cheif Court Clerk: Leona Gabourie,
Court Address: P.O. Box 1269,
Bonners Ferry, ID 83805
Court Telephone: (208) 267- 3158
Court Telefax: (208) 267-2960
f) Tribal Prosecutor: Qualification requirements for Prosecutor:
Must be member of Kootenai Tribe; minimum 21 years of age; oath that he/she is familiar with tribal laws and customs; never convicted of felony; pay $25.00 fee. Appointed by Council as needed.
James P. Hannon; Tribal Prosecutor
P.O. Box 1269, Bonners Ferry, ID 83805
Telephone: (208) 267-3518 – (208) 676-8776
Prosecutor's Telefax: (208) 676-1276
g) Tribal Defender: Qualification requirements for Defender:
Defender may be attorney admitted and active member in good standing of any bar of any federal court and pay $25.00 fee; or, meet the requirements listed under tribal prosecutor.
2
Admission to Practice and Application Process:
Active member in good standing of any bar, U.S. court or highest court of any state; promise to abide by tribal code and court rules; pay $25.00 fee.
Attorneys and Advocates Admitted to Practice:
| Name: Cynthia Ann Jordan Address: 921 W. Broadway, Ste. 201, Spokane, WA 99201 Firm: Jordan Law Office Phone: (509) 325-8274 Ext: Fax: (509) 328-8362 E-Mail Address: litigate52@aol.com Website Address: ISB Membership Number: 5039 Admittance Date: 9/29/1994 Current Status: Affiliate |
Name: James P. Hannon Address: PO Box 3190, Coeur d'Alene, ID 83816 Firm: Phone: (208) 676-8776 Ext: Fax: (208) 676-1276 E-Mail Address: jimhannon@imbris.com Website Address: ISB Membership Number: 3482 Admittance Date: 9/28/1995 Current Status: Active |
| Name: Daniel Paul Featherston
Address: 113 South Second Avenue, Sandpoint, ID 83864 Firm: Featherston Law Firm, Chtd. Phone: (208) 263-6866 Ext: Fax: (208) 263-0400 E-Mail Address: angie@featherstonlaw.com Website Address: www.featherstonlaw.com ISB Membership Number: 1324 Admittance Date: 10/19/1970 Current Status: Active |
Name: Bryce W. Powell Address: PO Box 1005, Sandpoint, ID 83864 Firm: Powell & Reed, PC Phone: (208) 263-3529 Ext: Fax: (208) 263-4438 E-Mail Address: brycepowell@sandpointlegal.com Website Address: ISB Membership Number: 5671 Admittance Date: 9/25/1997 Current Status: Active |
| Name: Todd Mathew Reed Address: PO Box 1005, Sandpoint, ID 83864 Firm: Powell & Reed, PC Phone: (208) 265-8126 Ext: Fax: (208) 263-4438 E-Mail Address: Website Address: ISB Membership Number: 4788 Admittance Date: 9/23/1993 Current Status: Active |
Name: Fred William Gabourie Jr. Address: N. 810 Spokane Street, Post Falls, ID 83854 Firm: Phone: (208) 773-1602 Ext: Fax: (208) 773-8907 E-Mail Address: Website Address: ISB Membership Number: 1930 Admittance Date: 9/24/1976 Current Status: Active |
|
Leroy Wilder |
R. Rawleigh Fusilier 12220 5th St. Yucaipa CA 92399 (909) 790-0625 |
1 Tribal Code
2
Official
Designation of Code: Kootenai Tribe of Idaho, Law and Order Code
3 Source of Copies of Code: Kootenai Tribal Court. Cost for Copies of Code: Call.
4
Rules of
Criminal Procedure: Chapter 3, Tribal Code
5 Rules of Civil Procedure: Chapter 6, Tribal Code
6
Code
Provisions Defining Court Jurisdiction:
2-2 Jurisdiction
2-2.01 The Tribal Court shall have exclusive jurisdiction over all judicial matters occurring on the Reservation involving Indians and non-Indians to the full extent allowed by federal law.
2-2.02 The Tribal Court shall have exclusive jurisdiction over offenses committed by members in the exercise of off-reservation rights within the Tribe’s aboriginal territory.
2-2.03 The Tribal Court shall have concurrent jurisdiction over matters subject to its jurisdiction where jurisdiction has been granted to State or Federal courts under federal law.
2-2.04 Any other tribal court or Court of Indian Offenses established pursuant to this chapter shall have its jurisdiction defined at the time of establishment.
6-1 Jurisdiction
6-1.01 The Tribal Court shall have jurisdiction of all civil suits where the defendant is a member of the Kootenai Tribe, a person who voluntarily comes on or lives within the jurisdiction of the Court or a person, business, corporation, association or any other entity that does business with the Kootenai Tribe of Idaho or its members and the cause of action arose within the jurisdiction of the Tribal Court, or the parties consent to Tribal Court jurisdiction.
6-1.02 The Tribal Court shall have jurisdiction to hear disputes between participants in the Tribe’s gaming activities and gaming management or the Tribe’s Gaming Commission that are referred to it by the Commission. It also shall have jurisdiction to hear appeals from decisions of the Gaming Commission but such jurisdiction shall be limited to determining whether the Commission provided due process in its proceedings and the relief to be granted is limited to remanding such cases to the Gaming Commission for a new hearing.
6-1.03
In addition to jurisdiction to hear any other action under this Chapter the
Court shall have jurisdiction to hear any action brought by the Council of the
Kootenai Tribe of Idaho to collect any outstanding accounts, monies, or debts
owed to it or the Tribe from any Kootenai tribal member or any other person,
corporation, partnership, or business entity under a lawful promise to pay made
to the Tribe or Council on Kootenai tribal lands.