Section TCT.02.17 — Tribe As A Party

(a) In any case where the Tribe has a significant interest in being a party, the Tribe may petition to be joined as a party and shall join the case as a party.

(b) The Tribe shall be deemed to have a significant interest in the following cases:

(1) the prosecution of violations of tribal law;

(2) in the defense of tribal administrative decisions which are being appealed;

(3) where the constitutionality of a Tribal Council action or a tribal law is being challenged in Court;

(4) any case involving a Stockbridge-Munsee child who is under the age of 18, who is an enrolled member, who is eligible for enrollment as a member or who is considered a tribal member by the Community for the purposes of enforcing the Indian Child Welfare Act.

(c) In all other situations other than those listed in (b), when the Tribe petitions to be joined as a party, the Court shall decide whether the Tribe has a significant interest in the case.

(d) In any case where the Tribe may have an interest, regardless if the Tribe or its employees, officers, agencies are named as a party, the Tribal Court shall provide written notice of the case to the Tribe's Legal Department and Tribal Council before the matter may be heard and before any action can be taken.

(1) For the purposes of this section, interest means an issue or question involving Tribal sovereignty or jurisdiction, the validity of Tribal law, or other actions of the Tribe, its employees, officers and agencies.