Tribal Peacemaking Laws

Alabama-Coushatta Tribe of Texas

Alabama-Coushatta Tribe of Texas Constitution and By Laws

Title II, Peacemaker Code

Provides purpose, authorization, qualifications, an attorney ban, confidentiality of statements made in peacemaking, and referral procedures.

Arapaho Tribe of the Wind River Reservation of Wyoming

Title 7, Peacemaker Code

Provides authorization and civil process authority, procedures (including authority to use traditional Northern Arapaho culture), referral standards, authority of Tribal Court to limit, and standards of conduct.

The Chickasaw Nation of Oklahoma

Title 5, Courts & Procedures, Chapter 14 – Chickasaw Nation Peacemaking Court

Provides authorization, referral standards, procedures, authority for District Court to limit, standards of conduct, confidentiality of statements made in peacemaking, and use of tribal traditions and customary law.

Chitimacha Tribe of Louisiana

Title 1-A – Peacemaker Court

Provides authorization, referral procedures, civil process authority, standards of conduct, and authority of Tribal Court to limit.

Choctaw Nation of Oklahoma

Choctaw Nation Peacemaking Act

Provides authorization and purpose, qualifications for peacemakers, permits the use of tradition and customs, as well as tribal customary law, procedures, and inadmissibility of statements in peacemaking.

Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon

Title 2 – Rules of Procedures, Chapter 14 – Peacegiving Court 

Provides authorization, qualifications, standards of conduct, and referrals.

Confederated Tribes of the Grand Ronde Community of Oregon

Tribal Court Ordinance Chapter 302

Provides purpose, authorization, and qualifications.

Confederated Tribes of Siletz Indians of Oregon

Siletz Tribal Code Sec. 3.300 

Provides authorization and civil process authority, referral standards and standards of conduct, and authority to use traditional ways and lecture on tribal teachings.

Coquille Indian Tribe of Oregon

Ordinance Chapter 655 – Peacegiving

Provides authorization, qualifications, referral standards, and authority to use traditional tribal practices.

Hopland Band of Pomo Indians, California

Title 12, Chapter 12-1 – Tribal Court Ordinance

Provides authorization, procedures, qualifications, and authority to lead community-related peace activities.

Kalispel Tribe of Indians, Washington

Chapter 3 – Civil Actions, Sec. 3-21: Execution of Judgments 

Provides authority and procedure.

Karuk Tribe of California

Title 3 – Tribal Court, Sec. 3.05.100 – Peacemaker Mediation Forum 

Provides authorization, procedures, and purpose.

Kickapoo Traditional Tribe of Texas

Chapter 1, Sec. 1.7: Peacemaker Program and Chapter 4 – The Peacemaker System

Establishment and jurisdiction (including attorney ban), qualifications and appointment, procedures and transfers, protective orders, complaint procedure.

Klamath Tribes of Oregon

Title 2 – Tribal Court/Law and Order Code, Chapter 18 – The Klamath Peacemaker Ordinance

Provides authorization, qualifications, procedures, juvenile matters, and philosophical background.

Leech Lake Band of Ojibwe, Minnesota

Title 2: Judicial Code – Rules of Procedure, Part VIII – Other Matters, Rule 58: Peacemaker Tribunal

Provides authorization and procedures: BaMeNim Anishinaabeg Program

Little River Band of Ottawa Indians, Michigan

Appendix 1 – Peacemaking Guidelines

Provides authorization, philosophical background, referral standards (including option for traditional request), procedure, qualifications, standards of conduct, and forms.

Little Traverse Bay Bands of Odawa Indians, Michigan

Chapter 3 – Rules of Civil Procedure, Rule XXIX: Mnodaawin

Provides authorization and procedures for transferring a case to Mnodaawin.

Lummi Nation of Washington

Title 5: Code of Offenses, Chapter 5.12 – Ch’qi’n’txw an Offender’s Record of Conviction (Expungement)

Full procedures and standards for applying traditional notion related to clearing record of offender upon satisfactory completion of penalty under cultural standards. Innovative sentencing-related provisions.

Mashantucket Pequot Indian Tribe

Title 1 – Judiciary, Chapter 4 – Peacemakers Council

Provides authorization, referral standards, qualifications, and procedures.

Mashpee Wampanoag Tribe of Massachusetts

Chapter 3: Operation of Peacemaker Court

Provides authorization, guiding principles, qualifications, and procedures. See also the Peacemaking Court Brochure and A Participant’s Guide to Peacemaking.

Mississippi Band of Choctaw Indians, Mississippi

Title XXIV – Choctaw Peacemaker Code, Chapter 1

Provides authorization, authority to use tribal traditions and customary law, qualifications, civil process authority, procedures, and authority of Tribal Court to limit.

Navajo Nation of Arizona, New Mexico & Utah

Title 7 – Courts and Procedures, Chapter 3: Judicial Branch, Subchapter 10: Navajo Nation Peacemaking Program (Hózh==jí Naat’áanii)

Provides authorization and authority to develop standards and conform procedures to traditional Hózhóójí Naat’áanii concepts. The Peacemaking Program Brochure and website contain program information, history, forms, plans of operation, and purpose

Nez Perce Tribe

Chapter 1-8 – Peacemaker Court

Provides purpose, definitions, peacemaker qualifications, procedures, peacemaker duties, the creation of a “Peacemaker Handbook,” a list of matters which can be heard by the peacemaking court, and jurisdiction over matters not within ordinary tribal court jurisdiction.

Oneida Indian Nation of New York

Oneida Indian Nation Peacemaking Rules

Ordinance O-97-02

Provides authorization, referral procedures, civil process authority, standards of conduct, and authority to use Nation religious and traditional ways.

Oneida Nation of Wisconsin

Title 8. Judicial System, Chapter 801 – Judiciary, Rule 1.10 – Peacemaking and Mediation

Title 8. Judicial System, Chapter 801.6. Peacemaking and Mediation Division

Provides procedures, qualifications, referral procedures, standards of conduct, and authority of Tribal Court or Cultural Heritage Department to appoint peacemakers.

Organized Village of Kake, Alaska

Keex’ Kwaan Judicial Peacemaking Code

Provides authorization and place in the clan system, referral standards, procedures, juvenile matters, and a Peacemaker Appellate Court. See also the Circle Peacemaking powerpoint and Kake Circle Peacemaking Flow Chart.

Prairie Band Potawatomi Nation of Kansas

Constitution of the Prairie Band of Potawatomi Nation, Article VI – Dispute Resolution System

Provides authorization, peacemaker duties, foreclosure of further District Court proceedings, and procedures (including attorney ban).

Pueblo of Isleta, New Mexico

Resolution Establishing Pueblo of Isleta Peacemaking Program

Provides authorization, purpose, list of cases subject to peacemaking (and exceptions), peacemaker guidelines and requirements, procedures, and confidentiality.

Skokomish Indian Tribe of Washington

Title 9 – Skokomish Criminal Code, S.T.C. 9.11: Sentencing, Sentencing Guidelines 

Provides authorization, referral procedures, and procedures.

Snoqualmie Indian Tribe of Washington

Judiciary Act 3.1, Section 7.4 – Peacemaker Court

Provides authorization and appointment requirements.

Sokaogon Chippewa Community of Wisconsin

Ch. 1 – Tribal Governance

Provides purpose, authorization, procedures, subject matter and original jurisdiction, confidentiality, payment of $25.00 from each party, referral guidelines, and jurisdiction over juvenile matters.

Spirit Lake Tribe of North Dakota

Title 21: Wodakota: Traditional Court Ordinance

Provides authorization, philosophy, values, and tribal prayer, standards of conduct, authority to use traditional ways and instruct on tribal teachings, referral standards, and procedures.

Stockbridge Munsee Community of Wisconsin

Title TCT, Chapter TCT.04 – Peacemaker Ordinance

Provides authorization and guiding principles, qualifications, procedures, authority of Tribal Court to limit, referral standards, and standards of conduct, authority to use traditional ways and instruct on tribal teachings.

White Earth Nation of Minnesota

White Earth Nation Code of Judicial Conduct

Defines and establishes responsibility that judges in tribal court shall promote Ojibwe Justice. The Seven Grandfather Teachings in the code sum up tribal peacemaking, and each is indexed to the canons, thereby pointing the way to incorporating tribal peace-centered values throughout.