1.40.30 Civil Rights.
The St. Paul Tribe shall provide all persons within its jurisdiction the rights guaranteed by the Indian Civil Rights Act of 1968, as amended; provided, that grievances against the Tribal Government be brought before the St. Paul Tribal Court. In summary, the Tribal Government shall:
(a) Not prohibit the free exercise of speech, press, religion, or rights of the people to assemble peacefully or file grievances against the Tribal Government.
(b) Not allow unreasonable search and seizure or issue search warrants without probable cause.
(c) Not try anyone for the same offense twice.
(d) Not make any person testify against himself or herself in a criminal matter.
(e) Not take private property for public use without paying the owner the fair market value.
(f) Not deny a person the right to a speedy public trial. A speedy trial is generally assumed to be a trial within ninety (90) days or less. The accused person must be informed of the nature of the offense he or she is accused of, told about the witnesses against him or her, and be allowed to have witnesses testify and be allowed a lawyer at his/her own expense.
(g) Not impose excessive bail or fines, nor impose cruel or unusual punishments. The Tribal Court cannot impose a penalty greater than $5,000 or one year in jail, or both, for any one offense.
(h) Give all persons equal protection under tribal laws.
(i) Not pronounce anyone guilty of a crime or civil violation without a fair trial. The Council shall not pass an ordinance and charge a person with a violation of that ordinance or impose different or additional penalties, after an incident (ex post facto).
(j) Provide anyone accused of an offense punishable by jail time the right to a trial by jury of no less than six persons. [Certificate of Adoption passed April 22nd, 2008; 2008 Code § 1.8.3]