27.07.040 Availability of Writ of Habeas Corpus.
Except as provided in subsections (1) and (2) of this section, every person within the jurisdiction of the Cowlitz Indian Tribe imprisoned or otherwise restrained of liberty may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from imprisonment or restraint.
(1) The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense by a court of competent jurisdiction and has exhausted the remedy of appeal, nor is it available to attack the legality of an order revoking a suspended or deferred sentence. Moreover, a person may not be released on a writ of habeas corpus due to any technical defect in commitment not affecting the person’s substantial rights.
(2) Civil actions shall not constitute a sufficient “severe restraint on individual liberty” to warrant a habeas remedy under this rule, including:
(A) Removal from Tribal employment, loss of Tribal benefits, and restrictions on entering into certain Tribal facilities.
(B) Removal from Tribal Council or office, loss of Tribal benefits, and
(C) restrictions on entering into certain Tribal facilities;
(D) Eviction from unsafe housing;
(E) Exclusion of non-member Indian from the Reservation; and
(F) Tribal government election results or procedures.
(3) A habeas corpus petitioner shall exhaust all Tribal Court remedies before seeking any other remedy available to them.