Tribe: Organized Village of Kake
Section 18. Options for Orders and Sentences
The Court may issue Orders concerning child custody arrangements, domestic
relations issues, and any other type of case where an Order is appropriate. Unless
the Keex’ Kwaan OVK tribal Code sets a specific penalty for a particular civil
violation, the Keex’ Kwaan Tribal Court Peacemakers, either by themselves or
through a Peacemaking Circle. shall determine the specific Orders for a particular
case. The Peacemakers shall seek a holistic plan for the wrongdoer and shall
consider the rights and wellness of any victims: A. Fines: Fines for violation of an OVK tribal ordinance shall not exceed
$5,000 or equivalent work sentence. Fines may increase for
successive violations of the same ordinance. The Court may garnish
wages, permanent fund or dividend checks, village or regional Native
corporation dividends, general assistance, or confiscate property in
the case of unpaid fines.
B. Community Service: Work sentences may include cutting wood or
hauling water for people in need of assistance in the village, for the
church, or for the community hall. Sentences may include working in
the school, building maintenance or repair, hauling and pumping fuel,
and cleaning up trash in the Village of Keex’ Kwaan. The Tribal Court
Peacemakers may order other types of community work as well.
Community service sentences shall benefit the needy, the village
residents as a whole, the Elders, the victim of an offense, the church,
or the youth. Tribal Court Peacemakers shall not order work
sentences that only benefit themselves personally or other OVK tribal
government officials. Work sentences shall not displace persons
employed in the Village or employment opportunities. Work
sentences shall be completed within 30 days unless otherwise
directed by the Court.
Community work shall contribute $10.00 per hour towards fines
ordered by the Keex’ Kwaan Tribal Court. Persons have the option of
work sentences instead of paying a fine only if the Court specifically
permits it. C. Impounding vehicles: Any vehicle that is used in driving while
intoxicated, or reckless driving under the Keex’ Kwaan OVK tribal
Code, is subject to impound. To get a vehicle out of impound, the owner shall pay $75 for the first time the vehicle is impounded, $150
for the second time, and $250 for the third time. The fees may be
paid by community work service hours if the Court permits. Except in
cases of vehicle theft, the owner is responsible for the impound fee
even if the owner was not involved with the civil violation. The Keex’
Kwaan OVK tribal Government is not liable for any damages to
vehicles while they are impounded.
D. Banishment: An Order of temporary or permanent banishment shall
only be used to protect the Village and/or Village residents from
harm. The length of time a person is banished shall be determined by
the severity of the case or upon the completion of treatment that is
ordered.
E. Drug and Alcohol Treatment and Other Counseling: The Tribal
Court may order an assessment for drug and alcohol treatment and
may require that the recommendations of the assessment be met.
The Tribal Court may also order other personal counseling or
participation in talking circles. The Tribal Court shall consider the cost
to the person and possible waiting periods for getting into treatment,
when they order such treatment. The Tribe may pay such costs if
funding is available. F. Restitution: The Tribal Court may order a Respondent to make
restitution to his or her victims. Restitution is defined to include
payment of money, repairing property, and apologies. Restitution
payment shall go through the Keex’ Kwaan Tribal Court Clerk. Nonmonetary
restitution shall be supervised by a person as designated
by the Keex’ Kwaan Tribal Court. G. Counseling by Peacemakers and Elders: The Peacemakers of the
Keex’ Kwaan Tribal Court may counsel persons brought before them in a
helpful spirit. The Keex’ Kwaan Tribal Court may bring Keex’ Kwaan
Elders into the Keex’ Kwaan Courtroom to counsel people.
H. Traditional Activities: The Keex’ Kwaan Tribal Court may order a
person found in violation of an ordinance to participate in seasonally
appropriate traditional activities such as fish camps, trapping, hunting,
culture camps, and other tribally sponsored or approved traditional
activities.
I. Apologies: The Circle may order wrongdoers to make apologies to
victims and/or to the whole Village at OVK meetings or gatherings.
The Circle may specify if the apologies shall be in writing or oral or
both.