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All criminal prosecutions shall be initiated by the filing of a complaint in the Court. A complaint is a written statement of the essential facts constituting an offense, signed by a law enforcement officer or a Tribal Prosecutor, or made upon oath before a judge, and charging that a named individual has committed a particular criminal offense.

(a) Complaints shall contain:

(1) A written statement describing in ordinary language the offense committed establishing the factual basis, including the time and place as nearly as may be determined, and the name or description of the person(s) alleged to have committed the offense; and

(2) The section(s) of the Tribal Code allegedly violated.

(b) The Tribal Prosecutor shall file all criminal complaints with the Court based upon information received from the investigating law enforcement officer or a complaining witness. The filer may have the officer or witness verify the written complaint by signing an affidavit or other signed statement to be attached to the complaint.

(c) If the complaint, or the complaint together with other signed statements, is sufficient to establish probable cause to believe that a crime has been committed by the person charged, the Court shall issue a summons and/or arrest warrant commanding the accused to appear before the Court at a specified time and place to answer to the charge.

(d) If a defendant who has been duly summoned fails to appear, or there is reasonable cause to believe he or she will fail to appear upon being summoned, an arrest warrant shall issue to affect the defendant’s appearance to answer to the charge.

(e) The judge before whom the complaint is filed may, without unnecessary delay, subpoena and examine such witnesses as he or she deems necessary to the determination of whether a warrant or summons should be issued.

(f) When an accused has been arrested without a warrant, a complaint or a complaint together with other sworn statements shall be filed with the Court for review as to whether probable cause exists to hold the accused, and in all cases, a complaint shall be filed no later than at the time of arraignment, otherwise the defendant shall be released without prejudice to the subsequent filing of a criminal complaint.

(g) Any person who initiates a criminal complaint knowing the complaint to be frivolous, or without basis in fact, or only for the purpose of harassment, is guilty of contempt of court and may, at the discretion of the Court, be found liable for court costs, and/or fined in an amount not to exceed $500.00 and/or be imprisoned for a period not to exceed three days.

* Code reviser’s note: Ord. 81 adds this provision as Section 2.10.900. It has been editorially renumbered to avoid duplication of numbering.

[Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]