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GENERAL INQUIRIES
[T] 707-668-5101
[F] 707-668-4272
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Tribal Court info

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"Perhaps the most basic principle of all Indian Law… is the principle that those powers which are lawfully vested in an Indian Tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. … What is not expressly limited remains within the domain of Tribal Sovereignty."
- Felix S. Cohen, Handbook of Federal Indian Law 122 (U.S. Government Printing Office, 1945)

Constitution
Ordinances
Issue Resolution
Sovereign Immunity

As a sovereign nation, all Tribal, social, governmental and business operations and transactions are subject to Tribal law and U.S. Federal law as each applies to the given circumstance.

Constitution

The Tribe is organized under an IRA Constitution, approved by the Secretary of the Interior on March 22, 1989. 

This Constitution governs the actions of the Tribe and provides the fundamental basis for adjudication of actions and circumstances, just as the U.S. Constitution governs the United States.

Ordinances

Sets of Tribal Laws, called Ordinances, are drafted and approved by the Tribal Council.  Precise, detailed Tribal Law functions as most societal laws do- establishing guidelines and restrictions to govern social and ethical behavior, as well as to control specific areas of Tribal operations and business activities. 

Ordinances provide laws and regulations for the judiciary to enforce. Ordinances have been voted on and approved by those they apply to.

Issue Resolution

If one of Blue Lake Rancheria’s clients, business partners, employees or Tribal Members ever has a dispute with the Tribe, the issue would first be addressed through mediation and/or arbitration with the Tribe.  Initial mediation and arbitration is exceedingly effective.  The majority of issues (historically over 90%) are resolved amicably and successfully through this process. Further, there are four successive forums for mediation - the Tribal Business Agency, Tribal Council and then General Membership. If the parties are unable to agree however, the matter can be taken to the BLR Tribal Court and/or U.S. Federal Court.

Sovereign Immunity

Much is misunderstood about sovereign immunity.  It is not an impenetrable shield that Tribes utilize haphazardly.  Sovereign immunity is a legal structure, repeatedly upheld by the U.S. Congress and Federal Courts, which says that Tribes are Sovereign Nations within the United States and their sovereignty has always been intact - predating Euro-American contact and settlement and continuing in perpetuity.  Tribes are separate Governments, and their forums for legal and operational review occur through Tribal Court, the U.S. Congress and/or Federal Court.

Today, in some instances, Tribes routinely choose to limit their sovereign immunity to allow review by state or local municipal regulators or judiciary.  State and local municipalities are becoming more familiar with Tribes’ legal systems, and in areas of overlap, the involved parties often combine resources to efficiently resolve issues.