Tribe: Hoopa Valley Tribe
CHAPTER 3 COMMUNITY COUNCIL
14D.3.01 PURPOSE
The Hoopa Valley Tribal community has the right and obligation to address problems that
arise from actions of community members and others who have chosen to act in a harmful
manner within the boundaries of the Hoopa Valley Reservation. This chapter establishes
an alternative, or supplemental, resolution process from the Court, drawing on custom
and the community’s value of what is just.
14D,3.02 REFERRAL TO THE COMMUNITY COUNCIL
(a) Any party to a case filed under any chapter of this title, or the court on its own
motion, may request the case be referred to the community council for resolution, with
the following exceptions:
(1) The respondent to a domestic violence protective order may not be granted a
transfer to the community council over the objection of the petitioner;
(2) In any case where violence has been threatened or committed, the court must
find that the petitioner’s safety can be protected prior to, during, and immediately
after the community council before referring the case to a community council;
(b) The court may order the Respondent appear before the Community Council upon a
finding that s/he committed an act or acts which require that a protective order be
granted against him/her under this title.
14D.3.03 COMMUNITY COUNCIL MEMBERS
Ca) Members
The community council will consist of extended family members of the parties who are
willing to participate, any elders in the community who are willing to participate, any
community members who have experienced first hand the type of acts the respondent has been accused of or been found to have committed; any other interested community
members who are voted into the specific case by the rest of the council.
(b) Meeting Time and Location
The Council will meet at a time and place selected by the members, and send notice to
the parties and the court as to the time and location.
( c) Procedure
The Council members will hear a report of the Respondent’s behavior, from both the
Petitioner and/or Petitioner’s representative, and the Respondent and/or the Respondent’s
representative. The Council will discuss the problem, determine, if necessary, whether
the Respondent acted in the manner complained of by the Petitioner, and if so, what the
Respondent must do to make his or her behavior right in the eyes of the community. If
the reaches a solution, the Court will issue an order detailing the terms of the agreement.