Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

2.03.020 Jurisdiction

The Tribal Court shall have civil jurisdiction over civil disputes as follows:

(a) Disputes arising in, connected with, or substantially affecting Mohawk Indian Country;

(b) Disputes involving contracts (i) negotiated, executed, or performed in Mohawk Indian Country, or (ii) whose subject matter substantially involves Mohawk Indian Country, or (iii) under which substantial performance would occur in Mohawk Indian Country, or (iv) in which the Saint Regis Mohawk Tribe ("Tribe") or any of its subordinate entities, agencies, or agents is a party (except that this provision does not waive Tribal sovereign immunity);

(c) Disputes involving torts in which (i) a proximate cause (or the last component in a chain or sequence of proximate cause) occurred or was carried out in Mohawk Indian Country, or (ii) the effect or injury occurred or was inflicted in Mohawk Indian Country, or (iii) the Saint Regis Mohawk Tribe or any of its subordinate entities, agencies, or agents is the injured party or alleged to be the party causing the injury (except that this provision does not waive Tribal sovereign immunity);

(d) Disputes involving claims against (i) the Saint Regis Mohawk Tribe or any of its subordinate entities, or agencies (except that this provision does not waive Tribal sovereign immunity), or (ii) against Tribal officers, agents, or employees for acts, omissions, or within their official capacity (except that this provision does not waive the sovereign immunity or governmental official immunity of Tribal officials, agents, or employees);

(e) Claims against the Saint Regis Mohawk Tribe (but not against individual Indians, officials, officers, employees or agents of the Tribe) under the federal Indian Civil Rights Act, in which case the Court may grant equitable relief only (injunctive or declaratory remedies, excluding monetary damage or monetary relief of any kind);

(f) Review of the denial of a gaming license by the Tribal Gaming Commission to the limited extent, and only to the limited extent, that a petition for the review of such denial is filed with the Court within 30 days of notice of the denial to the applicant, where after the Court shall grant equitable relief to direct approval of a license only if it finds upon review of the record before the Tribal Gaming Commission (in the nature of an appellate proceeding not involving de novo evidence) that the denial was a violation of due process by being wholly arbitrary and capricious and without any basis whatsoever in law or fact; and

(g) Except as limited by St. Regis Mohawk Tribal laws, to the fullest extent, reach, and scope of civil jurisdiction otherwise permitted under applicable principles of American Indian law for Indian tribes located within the territorial boundaries of the United States, as recognized by the Supreme Court of the United States.