7.30.90 Civil Penalties and Damages.
(a) It is the policy of the Tribe that penalties under this chapter should be based on the Tribal Court restorative justice model, which shall include but not be limited to the following:
(1) The wrongdoer may face a Community Circle that is comprised of persons who have been appointed by the Chief Judge of the Tribal Court. The offender shall comply with the penalties prescribed by the Community Circle that may include but not be limited to the following:
(i) The wrongdoer may be required to pay for any damages his or her actions may have caused the injured party, community, Tribe, or Tribal Government. This penalty may be paid by the wrongdoer either by paying Tribal Court fees or fines, paying money to the injured party or community, or performing community service that is approved by the Tribal Court;
(ii) The wrongdoer may be required to surrender their harvesting rights for a length of time determined by the Community Circle; and
(iii) The wrongdoer may be required to make a public apology to the Tribe at large that identifies the exact nature of his or her violation, and his or her commitment not to violate this chapter again.
(2) The wrongdoer may petition the Tribal Court to participate in the Peace Making Process with the Tribal Court appointed Peace Maker (mediator). In the Peace Making Process the wrongdoer agrees at the onset to abide by all aspects of the Peace Making Process and surrender all rights to claim nonviolation and to any kind of appeal. The decision of the Peace Maker is final and binding. The Peace Maker shall assess the damages caused to the injured party, community, Tribe, or Tribal Government and render a decision on the penalty. This may require the wrongdoer to pay damages in one or more of the following manners:
(i) Tribal Court ordered fines and fees levied on the wrongdoer;
(ii) Revocation of the wrongdoer’s harvesting rights;
(iii) Community service to be determined by the Peace Maker; and
(iv) Behavioral health assessment if the Peace Maker determines alcohol and/or drug abuse to be an issue.
(3) The wrongdoer may receive community service or a fine from the Tribal Court.
(i) The maximum amount of community service hours that may be given by the Tribal Court for a violation of this chapter is five hundred (500) hours.
(ii) The maximum fine that may be levied by the Tribal Court for a violation of this chapter is $5,000.
(4) The wrongdoer may face other culturally appropriate remedies as determined by the Tribal Court.
(b) It is the intent of the Tribal Court’s restorative justice model that penalties issued should be balanced to insure that persons in violation of this chapter will receive penalties that will require them to assume the maximum amount of responsibility for all of the consequences of their actions and to be productive members of the community.
(c) The Community Circle or Peace Making Process shall be held when Tribal Court is in session and recorded by the Tribal Court Clerk. The Tribal Court Clerk shall enter into the record all parties involved. The Tribal Court Judge shall issue a Court order with the details on the action taken by the Community Circle or Peace Maker with any specific restrictions imposed on the wrongdoer. Failure to comply with any of the requirements stated by the Community Circle or Peace Maker shall be considered as a violation of a Tribal Court order. [Res. 2010-29; 2008 Code § 7.6.8]