KOOTENAI TRIBE OF IDAHO
Brief History of Tribe and Reservation
Structure of tribal government
Tribal oversight of Tribal Court
Attorneys and Advocates Admitted to Practice
The Kootenai Tribe of Idaho was once part of a larger Kootenai Tribe situated in what is now Montana and Canada. Although the "Kootenay" tribe was party to the Treaty of Hellgate in Montana on July 16, 1855, the Idaho Kootenai were apparently not represented, although the treaty ceded lands of the Idaho Kootenai. Thereafter tribal members received a few allotments but there was no reservation established for the Kootenai Tribe of Idaho. It was not until October 18, 1974, that lands were set aside in trust for the Kootenai Tribe by the United States. Act of October 18, 1974, Pub. L. No. 93-458, 88 Stat. 1383.
The government of the Kootenai Tribe has existed since time immemorial. Historically, the Tribe was governed by a hereditary chief. A constitution was adopted which was approved by the Bureau of Indian Affairs on June 16, 1947, which provided for a democratic form of government. The Constitution establishes a Tribal Council as the governing body of the tribe.
Five member Tribal Council with four elected members having staggered three-year terms and one lifetime hereditary chief.
Voting membership can legislate by initiative or referendum.
Tribal Council has oversight of the Tribal Court
Name of Tribal Court: Tribal Court of the Kootenai Tribe of Idaho
Tribal Court levels: Tribal Court; Appeals heard by one judge who did not hear the original case
Names and Titles of Tribal Judges: (* attorney judge)
Fred W. Gabourie, Sr., Chief Judge*
Associate Judge: Jennnett Whitford
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.
Court Address: P.O. Box 1269, Bonners Ferry, ID 83805
Court Telephone: (208) 267-3519
Court Telefax: (208) 267-2960
Court Clerk's Office:
Leona Gabourie, Clerk of the Court
P.O. Box 1269, Bonners Ferry, ID 83805
Clerk's Telephone: (208) 267-3519
Clerk's Telefax: (208) 267-2960
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.
Tribal prosecutor:
Cynthia Jordon
P.O. Box 1269, Bonners Ferry, ID 83805
Telephone: (208) 267-3519
Prosecutor's Telefax: (208) 267-2960
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.
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Cynthia Jordan (Jordan Ronnestad) 921 W. Broadway Ste. 201 Spokane, WA 99201 (509) 325-8274 |
Leroy Wilder Portland, OR |
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Fred Gabourie, Jr. 810 N. Spokane St. Post Falls, ID 83854 (208) 773-1602 |
Randall W. Day 7169 Main St. P.O. Box 918 Bonners Ferry, ID 83805 (208) 267-3197 |
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.
Official Designation of Code: Kootenai Tribe of Idaho, Law and Order Code
Source of Copies of Code: Kootenai Tribal Court. Cost for Copies of Code: ______________
Rules of Criminal Procedure: Chapter 3, Tribal Code
Rules of Civil Procedure: Chapter 6, Tribal Code
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.