Judicial Branch
Legislative Branch
Clinton Memo
Constitutional Handbook
Exe. Order #39
Exe. Order 13175
WI Consultation w/ Indian Tribes
menominee indian tribe of wisconsin Constitution Articles I-V
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ARTICLE I - JURISDICTION | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| The governmental powers of the Menominee Indian Tribe of Wisconsin, a federally recognized sovereign Indian Tribe, shall consistent with applicable Federal law extend to all persons, and subjects, to all lands and other property including natural resources, and to all waters and air space, within the exterior boundaries of the Menominee Indian Reservation, including any land which may hereafter be added to the Reservation under any law of the United States. The governmental powers of the Menominee Indian Tribe shall, consistent with applicable Federal law, also extend outside the exterior boundaries of the Reservation to any persons, subjects, or real property which are, or may hereafter be, included within the jurisdiction of the Tribe under any law of the United States or of the Tribe. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Back To Top |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ARTICLE II - TRIBAL MEMBERSHIP | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Section 1. - Requirements Membership in the Menominee Indian Tribe shall consist of the following persons: (a) Those persons of one-quarter (1/4) degree Menominee Indian blood whose names appear on the tribal roll compiled pursuant to subsection 4(c) of the Menominee Restoration Act (87 Stat. 771), and (b) Those persons who possess at least one-quarter (1/4) degree Menominee Indian blood, and who are descendants of persons enrolled on the tribal membership roll compiled pursuant to subsection 4(c) of the Menominee Restoration Act (87 Stat. 771), and who are enrolled on the official tribal membership roll in accordance with procedures established by the Tribal legislature by ordinance. (c) A person shall be removed from the tribal membership roll only in accordance with the procedures set forth in Section 5 of this Article. Section 2. - Ineligibility for Membership or Automatic Forfeiture of Membership No person shall be eligible to be a member of the Menominee Indian Tribe if that person is enrolled in another Indian Tribe. Any member of the Menominee Indian Tribe who applies to be and is accepted as a member of another Indian Tribe shall thereby automatically forfeit membership in the Menominee Indian Tribe and all rights and benefits to which tribal members are entitled by virtue of their membership. Section 3. - Enrollment Committee (a) An Enrollment Committee composed of five (5) eligible tribal voters shall be elected or appointed, beginning 1992 and every three years thereafter, at the Annual General Council meeting in accordance with Bylaw 111, Section 4, of this Constitution and Bylaws. The members of the Enrollment Committee shall be subject to the supervision of the Tribal Legislature. If the Enrollment Committee is appointed, the Tribal Legislature, by majority vote, shall have the power to terminate any such appointment for good cause, and to make a new appointment. If the Enrollment Committee is elected, the members of the committee shall be subject to the terms of Article VII of this Constitution, including the provisions of Section 2, which shall govern the manner in which the Tribal Legislature may expel or suspend a member of the Enrollment Committee from office. In the event of any vacancy, the Legislature, by majority vote, shall within sixty days appoint a replacement for the remainder of the term. (b) The Enrollment Committee shall have the authority and duty to maintain a current and accurate official, tribal membership roll in accordance with the provisions of this Article. The Enrollment Committee shall report at least four (4) times a year to the Tribal Legislature as to the current status of the roll. The Committee shall have the authority to investigate suspected errors in the roll, and where it deems appropriate in view of evidence, shall recommend changes in the roll to the Tribal legislature. Section 4. - Appeal From Denial of Membership Application Any person whose application for membership in the Menominee Indian Tribe is denied shall have the right to appeal such adverse decision to the Tribal Judiciary, but only after exhausting all remedies available within the Tribal Legislature. Section 5. - Removal From Membership Roll by Tribal Legislature If, upon the report and recommendations of the Enrollment Committee, the Tribal Legislature determines that any person lacks a required membership qualification, proceedings shall be instituted against such person in Tribal Court to remove such person from the tribal membership roll. Only after a final decision is rendered in favor of the Tribal Legislature shall the affected person's name be removed from the tribal membership roll. Section 6. - Voluntary Relinquishment of Membership Members of the Menominee Indian Tribe may relinquish membership in the Tribe in accordance with procedures established by the Tribal Legislature. However, any member of the Tribe who relinquishes membership voluntarily, or who forfeits membership by enrolling in another Indian Tribe, shall not again be eligible to enroll as a member of the Menominee Indian Tribe. Section 7. - Enforcement The Tribal Legislature shall enforce this Article by ordinance, provided that, the Tribal Legislature shall have no power to establish substantive requirements for membership in addition to those established in Section I of this Article, nor to waive any of these requirements. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Back To Top |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ARTICLE III - POWERS OF THE TRIBAL GOVERNMENT | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Section 1. - Powers of the Tribal Legislature The Tribal Legislature, as established in Article IV of this Constitution, shall be vested with all executive and legislative powers of the Tribe including the power to make and to enforce laws, and including such powers as may in the future be restored or granted to the Tribe by any law of the United States, or other authority. The powers of the Tribal Legislature shall include those powers vested in the Tribe by Section 16 of the Indian Reorganization Act (48 Stat. 987), namely, to employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior; to prevent the sale, disposition, lease or encumbrance of tribal lands, interest in lands, or other tribal assets without the consent of the Tribe; and to negotiate with the Federal, State and local governments. This Constitution and Bylaws and ordinances of the Tribal Legislature adopted pursuant to this Constitution shall be the supreme- law of the Menominee Indian Tribe and all persons subject to its jurisdiction. However, the Tribal Legislature shall exercise its powers consistent with the limitations imposed by this Constitution and Bylaws. Section 2. - Powers of the Tribal Legislature The Tribal Judiciary, as established in Article V of this Constitution, shall be vested with all judicial powers of the Tribe including the following powers: to resolve controversies between and among persons where such controversies arise under this Constitution and Bylaws, tribal ordinances, the Constitution and laws of the United States, or the Constitution and laws of any state or Indian Tribe, and to decide cases in which a person is accused by the Tribe of committing an offense against the laws of the Tribe. The powers granted to the Tribal Judiciary by this Section shall include such judicial powers as may in the future be restored or granted to the Tribe by any law of the United States, or other authority. Decisions of the Tribal Judiciary shall be binding upon all persons within the jurisdiction of the Tribe. The Supreme Court of the Tribe shall be the final and supreme interpreter of this Constitution and Bylaws, and all tribal ordinances. However, the Tribal Judiciary shall exercise its powers consistent with the limitations imposed by this Constitution and Bylaws. Section 3. - Separation of Powers The Tribal Legislature and the Tribal Judiciary shall be separate and equal branches of the Tribal Government. Neither branch shall exercise the powers of the other, nor shall either branch have authority over the other branch except as may be granted by this Constitution and Bylaws. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Back To Top |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Article IV - THE TRIBAL LEGISLATURE | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Section 1. - Composition, Terms of Office, and Classes (a) The Tribal Legislature of the Menominee Indian Tribe of Wisconsin shall be composed of nine (9) members of the Tribe, elected at large by the eligible voters of the Tribe. Seven (7) of the offices shall be filled by tribal members who are residents on the Reservation. There shall be no residency requirement for the remaining two (2) offices. (b) Tribal Legislators shall serve terms of office of three (3) years. The nine (9) Tribal Legislators shall be divided into three (3) classes for the purpose of staggering terms of office. Each class shall be composed of three (3) Legislators. The terms of office of Tribal Legislators shall be staggered as follows:
(1) The term of office of the first class of Legislators shall expire upon assumption of
office by the newly elected Legislators three (3) years following the first election of Legislators
held pursuant to Section 5(c) of the Menominee Restoration Act (87 Stat. 772), and every third year
thereafter. (2) The term of office of the second class of Legislators shall expire upon assumption of office by the newly elected Legislators two (2) years following the first election of legislators held pursuant to Section 5(c) of the Menominee Restoration Act (87 Stat. 772), and every third year thereafter. (3) The term of office of the third class of Legislators shall expire upon assumption of office by the newly elected Legislators one (1) year following the first election of Legislators held pursuant to Section 5(c) of the Menominee Restoration Act (87 Stat. 772), and every third year thereafter. Section 2. - Initial Division of Tribal Legislature Into Classes The Tribal Legislators elected at the first election of the Tribal Legislature, hold pursuant to Section 5(c) of the Menominee Restoration Act (87 Stat. 770) shall be initially divided into the three (3) classes as follows: The three candidates receiving the highest number of votes shall be the first class; the three candidates receiving the highest number of votes after the first class shall be the second class; and the three candidates receiving the highest number of votes after the second class shall be the third class, provided that, if more than two (2) nonresident candidates are among the nine candidates receiving the highest number of votes, only the two nonresident candidates receiving the highest number of votes of the nonresident candidates shall take office; the other seven (7) offices shall be filled with the seven (7) resident candidates receiving the highest number of votes of the resident candidates, in accordance with Section l(a) of this Article. Section 3. - Election of Tribal Legislatures (a) Any tribal member who satisfies the requirements of Section 4 of this Article may become a candidate for the office of Tribal Legislator by filing a nominating petition which shall comply with requirements as established by the Tribal legislature by ordinance, and by complying with such other procedural requirements as may be established by the Tribal Legislature by ordinance. (b) The Tribal Legislature shall by ordinance set the date on which elections to fill offices of the Tribal Legislature shall be held. (c) With candidates placed in order of number of votes received from the highest to the lowest, offices shall be filled beginning with the candidate who received the highest number of' votes, and proceeding down the order, provided that, no more than two (2) offices of the Tribal Legislature shall be filled by nonresident tribal members, in accordance with Section l(a) of this Article. (d) If in any election to fill an office or offices, the number of candidates running exceeds three (3) per office, the Election Commission shall hold a primary election to select those candidates who shall run for office in the main election. The number of candidates to be selected in such primary election shall be determined by multiplying the number of offices to be filled by two (2). Section 4. - Requirements for Candidates For Election To The Tribal Legislature And For Tribal Legislators (a) To be eligible to be a candidate for election to the Tribal Legislature, a person must be a member of the Tribe, at least twenty-five years of age as of the date on which the election is held. No person shall be eligible to be a candidate for election to the Tribal Legislature who has been convicted of a major crime as defined in Bylaw V of this Constitution and Bylaws, unless the Tribal Judiciary, In accordance with such rules as it may establish, certifies that the person in question is rehabilitated. Such certificate of rehabilitation shall be based upon the person's record of behavior since the conviction. (b) In any election in which it is necessary to fill all open offices with residents on the Reservation in order that seven (7) offices will be filled by residents on the Reservation, in accordance with Section l(a) of this Article, only persons who are residents on the Reservations shall be eligible to be candidates for election to the Tribal Legislature. (c) Tribal Legislators while holding office shall be members of the Menominee Indian Tribe. Any Tribal Legislator elected while a resident on the Reservation shall maintain residence on the Reservation while holding office. If any Tribal Legislator ceases to be a member of the Tribe, or if any Tribal Legislator elected while a resident on the Reservation ceases to maintain residence on the Reservation, the affected Legislator shall be expelled In accordance with Section 2 of Article VII of this Constitution. In addition, if any Tribal Legislator is convicted while holding office of a major crime as defined in Bylaw V of this Constitution and Bylaws, the office of the affected Legislator shall be deemed vacant In accordance with Section 3 of Article VII of this Constitution. Section 5. - Consecutive and Simultaneous Terms of Office No person shall be eligible to be elected to more than three (3) consecutive terms of office of Tribal Legislator, nor shall any person serve more than one term of office at the same time. Section 6. - Community Committees of The Tribal Legislature The Tribal Legislature shall establish standing committees each of which shall be composed of three legislators. Each such standing committee shall be assigned to a community on the Reservation as defined by the Tribal Legislature. It shall be the duty of each standing committee to maintain constant communication with the community to which it is assigned for the purpose of determining the needs and concerns of that community. It also shall be the duty of each community committee to hold quarterly community meetings and to inform the Tribal Legislature of any needs or concerns of that community. Section 7. - Administration of Tribal Government The Tribal Legislature shall by ordinance establish a plan for the administration for the government of the Tribe; provided that, this Section shall not be construed to include the administration of the Tribal Judiciary. Section 8. - Powers and Duties The powers and duties of the officers of the Tribal Legislature are set forth In the Bylaws of this Constitution. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Back To Top |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ARTICLE V - THE TRIBAL JUDICIARY | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Section 1. - Structure (a) The Tribal Judiciary shall be composed of one Supreme Court and of such lower courts as are designated to be established in this Article, and as may be established by ordinance by the Tribal Legislature as it deems appropriate to meet the needs of the Tribe. (b) The Supreme Court of the Tribe shall have Jurisdiction over appeals from all final decisions of the lower courts of the Tribe. The Supreme Court shall be composed of three (3) Judges. Supreme Court Judges may, if necessary and if so instructed by the Tribal Legislature, also serve as Judges of the lower courts; however, in such a situation, the Supreme Court Judge shall be disqualified from participating in a review of any decision entered by him or her while sitting as a lower court judge. (c) The Tribal Legislature shall, promptly after the adoption of this Constitution and Bylaws, determine and establish the number of lower-trial courts necessary to serve the judicial needs of the Tribe. Such trial courts shall have general and original jurisdiction over all cases and controversies of a civil or criminal nature. Each trial court shall be presided over by one Judge. (d) If the Tribal Legislature establishes special kinds of lower courts with original jurisdiction over specified subject areas, the Tribal Legislature shall specify whether such jurisdiction is exclusive or concurrent with the jurisdiction of the trial courts established in subsection (c) of this Section. (e) If the Tribal Legislature establishes an intermediate level of courts to hear appeals from all final decisions of the lower courts, the Supreme Court shall hear appeals only from decisions of the intermediate courts of appeals. In addition, the Tribal Legislature may authorize the Supreme Court to exercise its discretion in all or designated kinds of cases in deciding whether to hear an appeal in any particular case. Section 2. - Appointment and Term of Office (a) The Tribal Legislature shall by ordinance, establish a procedure for selection of judges. (b) Tribal Judges shall be appointed by six (6) or more votes of the Tribal Legislature. (c) Lower Court Judges shall be appointed to a term of three (3) years. (d) Supreme Court Judges shall be appointed to a term of four (4) years. Section 3. - Compensation Tribal Judges shall receive for their services a reasonable compensation, as fixed from time to time by the Tribal Legislature. The Tribal Legislature shall not diminish the compensation of a Tribal Judge during his or her term of office. Section 4. - Qualifications and Disqualifications (a) To hold the office of Tribal Judge, a person shall be a member of the Tribe, a resident on the Reservation during his/her term of office, at least thirty-five (35) years of age, having a minimum education of a high school graduate or a General Education Diploma (G.E.D.), and shall demonstrate fitness and competency for the office by taking appropriate examinations, relevant to demonstrate competence for the office of Tribal Judge. (b) No person shall be eligible to be appointed to the office of Tribal Judge who has been convicted of a major crime as defined by Bylaw V of this Constitution and Bylaws, unless the Tribal Judiciary, in accordance with such rules as it may establish, certifies that the person in question is rehabilitated. Such certificate of rehabilitation shall be based upon the person's record of behavior since the conviction. No Tribal Judge who is convicted of a major crime as defined in Bylaw V of this Constitution and Bylaws shall continue to hold office. Section 5. - Removal From Office By Tribal Legislature and Automatic Vacancies (a) Tribal Judges may be removed from office by the Tribal Legislature by the Legislature by the affirmative vote of at least seven-ninths (7/9) of the entire legislature, but only upon grounds of inability to carry out the duties of the office; failure to carry out the duties of the office; or lack of a requisite qualification for serving as a Tribal Judge. The Tribal Legislature shall notify the Tribal Judge in question and the Supreme Court, in writing, not less than twenty (20) days prior to the meeting at which the Judge's removal is to be considered and voted upon. The notice shall specify the charge or charges and shall state the facts in support thereof. The Tribal Judge in question shall have full opportunity at the meeting at which his or her removal is to be considered and decided upon to examine all witnesses against him or her and to have his or her own witnesses to testify in his or her behalf. The decision of the Tribal Legislature shall be final and not appealable to the Tribal Judiciary. The Supreme Court, may upon receipt of notice of the removal charges, suspend the Tribal Judge in question from office with or without compensation pending final action of the Tribal Legislature at the meeting. (b) The office of any Tribal Judge who is convicted of a major crime as defined In Bylaw V of this Constitution and Bylaws, who dies, or who resigns shall be deemed to be automatically vacant. Resignation from office shall be written and shall be deemed to be effective as of the date tendered unless otherwise designated in the resignation document. Section 6. - Rules of Tribal Courts The Supreme Court shall by order establish written rules of procedure and ethics for all Tribal Courts. Such rules may from time to time be amended as deemed necessary or appropriate by the Supreme Court. The Supreme Court shall consult with the Judges of the lower courts in establishing rules of procedure for the lower courts. Section 7. - Records and Court Clerk The Supreme Court shall implement the system of keeping records of proceedings of the Tribal Judiciary in accordance with Section 3(b) of Bylaw II of this Constitution and Bylaws. The Supreme Court shall appoint a court clerk which shall be responsible for keeping the records of the Judiciary and generally for administering the daily business of the Judiciary. Section 8. - Appropriations The Tribal Legislature shall give priority for appropriations of such funds as may be necessary to enable the Tribal Judiciary to carry out the provisions of this Article. Section 9. - Enforcement In implementing this Article, the Tribal Legislature shall act by ordinance. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Back To Top | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Last Updated: Fri March 23, 2007