Article III. Rights and Sentencing
10.15.130 Due process.
(a) The Tribal Law and Order Act (TLOA) and the Violence Against Women Act enacted by the federal government require tribes who choose to charge a defendant with a felony level offense with more than a year in duration of imprisonment to provide the defendant with the following due process rights and protections, which shall be further described in detail within the Yurok Tribal Court rules, Chapter 2.05 YTC. These rights are enumerated in the Indian Civil Rights Act, 25 U.S.C. 1302, and incorporated into the Tribe’s Constitution at Article IX.
(b) No Indian tribe in exercising powers of self-government shall:
(1) Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
(2) Violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
(3) Subject any person for the same offense to be twice put in jeopardy;
(4) Compel any person in any criminal case to be a witness against himself;
(5) Take any private property for a public use without just compensation;
(6) Deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (c) of this section);
(7) (A) Require excessive bail, impose excessive fines, or inflict cruel and unusual punishments;
(B) Except as provided in subsection (b)(7)(C) of this section, impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year or a fine of $5,000.00, or both;
(C) Subject to subsection (b)(7)(B) of this section, impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of three years or a fine of $15,000.00, or both; or
(D) Impose on a person in a criminal proceeding a total penalty or punishment greater than imprisonment for a term of nine years;
(8) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
(9) Pass any bill of attainder or ex post facto law; or
(10) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
(c) The Yurok Tribe shall provide any indigent defendant, at trial and on appeal, the assistance of a defense attorney licensed to practice law by any jurisdiction in the United States, including tribes, provided that jurisdiction applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys.
(d) In any criminal proceeding, the presiding judge shall:
(1) Have sufficient legal training to preside over criminal proceedings; and
(2) Be licensed to practice law by any jurisdiction in the United States, including the tribes.
(e) In any criminal proceeding, the court shall maintain a record of the criminal proceeding, including an audio or other recording of the trial proceeding.
(f) In any criminal proceeding, a defendant has the right to an impartial jury drawn from sources that reflect a fair cross section of the community and do not systematically exclude any distinctive group in the community, including non-Indians.
(g) Every defendant has the privilege of the writ of habeas corpus in a court of the United States to test the legality of their detention by order of the Yurok Tribe:
(1) Every defendant who has been detained in jail by the Yurok Tribe shall be notified of this right and any additional rights and privileges they are entitled to under 25 U.S.C. § 1304(e). [Ord. 62B § 4201, amended, 11/7/2019.]