Frequently Asked Questions 🙋

Due Process Under Washoe Law ⚖️

The Washoe Tribe Constitution and Law & Order Code provide for both procedural and substantive due process to enrolled members of the Tribe.

Procedural Due Process ✅

The constitution and code outline a process for several types of proceedings, ensuring fair procedures are followed before action is taken. For example:

• Juvenile Proceedings: A child alleged to be delinquent must be notified of their rights at their first appearance before the court and informed of the specific allegations against them, with an opportunity to admit or deny them. At an adjudicatory hearing, parties or their counsel have the opportunity to examine and controvert all evidence and to cross-examine individuals making reports. The court must issue a written finding stating the reasons for release or continued detention of a child. (Title 9).
• Exclusion or Expulsion of Non-members: A non-member facing exclusion or expulsion must be given a written petition and a notice of a hearing to show cause why they should not be removed. The non-member has the opportunity to present a defense at the hearing and may be represented by counsel at their own expense. (Title 30).
• Cancellation of a Land Assignment: A petition for cancellation of a land assignment requires a hearing where both the petitioner and the assignment holder can present evidence and witnesses. The assignment holder can be represented by a person of their choosing at their own expense. (Title 26).

Substantive Due Process 🛡️

The "Bill of Rights" article of the constitution guarantees that no member of the Washoe Tribe shall be denied any of the constitutional rights or guarantees enjoyed by other citizens of the United States, including due process of law. This provision establishes substantive due process, meaning that the tribal government cannot enact laws or policies that infringe upon fundamental rights, such as freedom of religion, speech, conscience, and the right to assembly. The rights and opportunities for all Washoe Tribal members must be equal, including equal rights, equal protection, and equal opportunity to participate in the economic resources, tribal assets, and activities of the tribe.

Woodfords Community Council (WCC) Articles of Association

The Woodfords Community Council's Articles of Association define its jurisdiction and powers. The jurisdiction of the WCC includes Woodfords, Fredricksburg, Paynesville, Diamond Valley, and the Dutch Valley area, as well as any lands the Washoe Tribe acquires for the Woodfords Indian Community.

The powers of the WCC, as outlined in its articles, are subject to the limitations of the U.S. Constitution and statutes, the Washoe Tribal Council, and the Washoe Tribal Constitution. These powers include:

• Preparing and supervising the expenditure of an annual budget for the community.
• Meeting with government and other organizations on behalf of the community.
• Adopting resolutions that are consistent with their articles and the tribal constitution.
• Receiving and recommending applications for land assignments to the Washoe Tribal Council.
• Advising the Washoe Tribal Council on the leasing of tribal lands within the community.
• Managing community enterprises that do not affect the tribe as a whole.
• Establishing and regulating subordinate organizations.
• Assisting and advising the Washoe Tribal Council on programs that benefit the Washoe people.
• Keeping the community residents informed of the Washoe Tribal Council's actions.
• Exercising powers delegated by the Washoe Tribal Council through ordinances and submitting these actions for review.