SPOKANE TRIBE OF INDIANS

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1 , SPOKANE TRIBE OF INDIANS REVISED LAW AND ORDER CODE OF THE SPOKANE TRIBE OF INDIANS LAST REVISED 09/12/2013 By Resolution , enacted 08/01/06, the Spokane Tribal Business Council approved an electronic Revised Law and Order Code ( RSLOC ) for the Spokane Tribe. The RSLOC is amended, from time-to-time, as the Spokane Tribal Business Council enacts Resolutions revising the Code, and as the duties of the Office of the Spokane Tribal Attorney permit time to incorporate those revisions into the RSLOC. Enacted Resolutions that amend the RSLOC are posted publicly, as required by the RSLOC (b), and pursuant to the RSLOC (a), become law as soon as enacted or posted, whether or not those enactments are timely incorporated into the electronic version of the RSLOC. The task of keeping the RSLOC updated with current and pertinent versions of Tribal Council enactments is an ongoing task of the Office of the Spokane Tribal Attorney. Please contact the Office of the Spokane Tribal Attorney at (509) should you have any questions regarding the current version of the RSLOC that you are working with, or should you have any comments or note any corrections that should be made to this Code. * * * * * * * * * * * * * * * * REVISED SPOKANE LAW & ORDER CODE SPOKANE TRIBE OF INDIANS WELLPINIT, WASHINGTON 1

2 CONSTITUTION OF THE SPOKANE TRIBE-SPOKANE RESERVATION Wellpinit, Washington ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV PURPOSE TERRITORY AND JURISDICTION MEMBERSHIP RIGHTS OF MEMBERS GOVERNING BODY NOMINATION AND ELECTIONS VACANCIES AND RECALL POWERS AND DUTIES OF THE SPOKANE TRIBAL COUNCIL BILL OF RESERVED POWERS INITIATIVE AND REFERENDUM DUTIES OF OFFICERS CODE OF CONDUCT FOR COUNCILMEN AND OTHER EXECUTIVE OFFICERS TIME AND PLACE OF MEETINGS AMENDMENTS ADOPTION PREAMBLE We, the Indians of the Spokane Tribe, initially organized under a constitution and bylaws effective on June 27, 1951, in order to improve our recognized Tribal organization for management of our Tribal affairs, do hereby establish this Constitution. ARTICLE I - PURPOSE Our purpose shall be to promote and protect the sovereignty, rights, and interests of the Spokane Tribe of Indians. ARTICLE II - TERRITORY AND JURISDICTION The jurisdiction of the Spokane Tribe, acting through its government as hereby established, shall extend to and include all lands and water areas within the exterior boundaries of the Spokane Reservation established by Executive Order, January 18, 1881, and any extensions thereof, and all Spokane Tribal and allotted Indian lands outside the exterior boundaries of the Spokane Indian Reservation. 1 ARTICLE III MEMBERSHIP Section 1. The membership of the Spokane Tribe shall consist of: (a) All persons of Spokane Indian blood whose names appear on the official census of the Spokane Tribe as of January 1, 1951, provided that corrections may be made in said census by the Business Council subject to the approval of the Secretary of the Interior, as long as such approval is required by law. (b) All children of ¼ or more degree of Indian blood born subsequent to January 1, 1951, but prior to midnight, September 1, 1963, to any parent who is an enrolled member of the Spokane Tribe and: (c) All children of ¼ or more degree of Indian blood born after midnight, September 1, 1963, to any enrolled member of the Spokane Tribe. 19 (d) All persons whose names appear on the official enrollment records of the Spokane Tribe as of midnight December 31, 2010 shall serve as the official census of the Spokane Tribe. 12 2

3 Section 2. Transfer of Enrollment: The requirements for transfer of enrollment from another Tribe into the 2, 11 Spokane Tribe shall be the same as listed in Section 1 of this Article. ARTICLE IV - RIGHTS OF MEMBERS Section 1. Every Tribal member shall have an equal opportunity to participate in the economic resources and activities of the Spokane Indian Tribe and the right to exercise traditional rights and privileges of members of the Tribe where not in conflict with other provisions of this Constitution, Tribal laws and Ordinances, or the laws of the United States. Section 2. This Constitution and the Tribal Government it establishes shall not encroach upon or limit any person's right to enjoy freedom of worship, conscience, speech, press, assembly, and association, and other rights established by Federal Law. Section 3. To protect the tribal membership s ancient rights to practice their culture, tradition, and religion freedoms. Whereas, the use of medicinal plants was, and still is a part of our culture, traditions, and rights. Whereas, it has been a cultural tradition in the Spokane Tribe to use plants to treat and cure ailments, illnesses and diseases. Therefore, it shall be acknowledged that any plant that was historically used by our Spokane Tribal ancestors shall be allowed to be used today. To include, but not limited to, natural remedies and medicinal plants prescribed by a medicine man or modern physician. Therefore, all members shall have the right to practice their Spokane cultures and traditions. Therefore, no Spokane Tribal law shall ever encroach on, impede, or limit member s rights to practice their aboriginal customs. 10 ARTICLE V - GOVERNING BODY Section 1. The governing body of the Spokane Tribe shall be Business Council of 5 members, consisting of a Chairman, Vice Chairman, Secretary, and 2 Members. Section 2. No person shall be a candidate for membership on the Business Council or for any other elective office unless he or she is a member of the Spokane Tribe, shall have actually lived within the exterior boundaries of the aboriginal territory of the Spokane Reservation for 2 years next preceding the election and shall be at least 25 years of age. 13 Section 3. No person shall be eligible to be a candidate for membership on the Business Council or any other elective office or to remain as an incumbent in any such office if convicted of a felony or of a misdemeanor involving dishonesty. Such ineligibility shall continue for a period of 5 years after conviction or 5 years after completion of actual incarceration, whichever comes later. Section 4. Business Council members shall be elected for 3-year staggered terms. Council positions shall be numbered 1, 2, 3, 4 and 5, which numbers shall permanently identify each Council position. Position 3 shall be filled by the election held in June, 1981; Position 4 and 5 shall be filled by the election held in June, 1982; Positions 1 and 2 shall be filled by the election held in June The first order of business of the new council after each election shall be the election of officers for the ensuing year. A candidate for the Business Council shall identify the number of the position for which he is running. The term of an incumbent Council member shall continue until his successor is duly elected and installed. Section 5. The General Council shall be composed of all the qualified voters of the Spokane Tribe who attend a General Council or Tribal meeting properly called in accordance with this Constitution and shall be authorized to exercise such powers as may be delegated to that body by the terms of this Constitution. ARTICLE VI - NOMINATION AND ELECTIONS Section 1. Elections of Business Council members and of other Tribal elective officers shall be held annually during the month of June and shall be called by the Business Council and conducted by the Election 3

4 Committee according to an election Code provided by the Election Committee and approved by the Business Council. All elections shall be by secret ballot. The election ordinance shall include provisions for resolving election disputes, procedures for submitting any petitions provided for in this Constitution and a procedure for determining their validity. Section 2. All elections shall be conducted by an Election Committee composed of 3 qualified Tribal voters. One alternate shall be available to serve in the absence of a regular member of the Election Committee. Such committee shall conduct elections in conformity with the election ordinance and this Constitution, and certify the results of the election to the Tribal Council on the Monday following the election. The Tribal Council shall immediately consider the certified results of the election and, unless some invalidity, illegality, tie vote or a failure of the leading candidate for an office to receive a 50% or greater majority (as provided in Section 3 of this Article) requiring another election, officially accept the certified results. A Spokane Tribal Judge shall administer the oath to the elected members. Elected officers shall assume responsibility 10 working days after said certification. Section 3. If the top 2 candidates for an elective office are tied or no candidate for an office has received 50% or more of the total vote cast for that office, a run-off election shall be called for and held the second Saturday after the Annual Election. Such election shall be between said tied candidates or between the 2 candidates for the particular office who received the most votes. 3 Section 4. A qualified voter is any member of the Spokane Tribe, 18 years of age or over. He shall exercise his right of vote in person at a prescribed voting place. The voter will be required to show proper identification at the polling location. 16 ARTICLE VII - VACANCIES AND RECALL Section 1. Any vacancy in the Business Council shall be filled by the Business Council. Such appointee shall qualify pursuant to Article V and hold office until the next regular election when it shall be filled by election for the balance, if any, of the unexpired term. No vacancies that occur within 3 months of the next regular election shall be filled except that the remainder of the Tribal Council shall fill any vacancies in excess of 2 so that the Tribal Council may maintain a quorum. Section 2. Recall: Upon receipt of a written petition signed by 250 qualified voters of the Spokane Tribe calling for the recall of any Tribal elected official, it shall be the duty of the Business Council to call a special General Council meeting to conduct a hearing for the member involved within 10 days of receipt of said petition. Any enrolled member of the Tribe may attend said hearing. If at the conclusion of the hearing, a majority of voting members of the Spokane Tribe attending the hearing vote to hold a recall election, an election shall be called for that purpose. The challenged incumbent shall automatically be a candidate in said election, unless he withdraws. Other candidates may have their names placed on the ballot and said election shall be conducted within 30 days in the same manner as a regular general election. 14 ARTICLE VIII - POWERS AND DUTIES OF THE SPOKANE TRIBAL COUNCIL The powers and duties set forth in this Article shall be exercised by the Business Council to the full extent permitted by Federal Law. All the powers and legal authority, express, implied or inherent, vested by existing law in the Spokane Indian Tribe as a sovereign political entity, which powers and legal authority shall include but not be limited to the following specific powers and duties: (a) To legislate and enforce a comprehensive law and order code and Tribal Court System extending Tribal civil and criminal jurisdiction, to the extent said code provides, over all persons residing on or coming upon the reservation and over all land and water areas over which the Tribe has jurisdiction as provided in Article II above. (b) To administer the affairs and assets of the Tribe including Tribal lands, funds, minerals, timber, 4

5 water rights and other resources under appropriate contracts, leases, permits, loans or sale agreements. In the sale or other transfer of Tribal lands, the Tribe and Business Council shall take every precaution in appropriate cases so that the land does not go out of trust. (c) To provide for taxes, assessments, permits, and license fees upon members and nonmembers of all lands within the jurisdiction of the Spokane Tribe of Indians. 4 (d) To employ legal counsel to assist in the protection and advancement of the Tribe. The choice of counsel and the fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative as long as such approval is required by law. (e) To negotiate with and represent the Tribe before Federal, State, and local governments and their departments and agencies. (f) To appoint necessary committees. (g) To have and exercise such other powers and authority necessary to fulfill its obligations, responsibilities, objectives, and purposes as the governing body of the Tribe. (h) To foster, encourage and retain the arts, crafts, culture and traditions of the Tribe. ARTICLE IX - BILL OF RESERVED POWERS The Business Council and other Agencies of the Tribe are required to obtain the advice and consent of the General Council prior to taking any action with regard to the following powers. The advice and consent of the General Council shall be final when ratified by a majority vote of the membership of the Spokane Tribe at the next general election. 5 (a) The relinquishment of any Spokane Tribal criminal or civil jurisdiction to any agency, public or private; provided, however, that this provision shall not prevent the Business Council from commissioning non-spokane or non-bureau of Indian Affairs peace officers to enforce Spokane Tribal law and order regulations. (b) The termination or partial termination of the Spokane Indian Reservation. (c) The sale of Tribal hunting, fishing or water rights. (d) The Business Council may prescribe such compensation of members of the Business Council as it deems advisable from funds as may be available, subject to the approval of the General Council. Unless contrary action is taken by a General Council, yearly salary increase will be made, based on the "National Consumer Price Index," published by the U.S. Department of Labor. The amount of increase will be based on the percent of increase in cost of living from the previous year. ARTICLE X - INITIATIVE AND REFERENDUM Section 1. The Spokane Tribe's voting membership is empowered to exercise the legislative powers and duties enumerated in Article VIII through either an initiative or referendum action. Section 2. Initiative: An initiative shall be in the form of a petition, signed by at least 250 qualified voters of the Spokane Tribe, setting out in clear language the legislative action to be taken. Such petition shall comply with the petitioning procedures provided by Section 1, Article VI of this Constitution. 17 Section 3. Referendum: A referendum is an action by the Business Council referring a legislative matter to the Tribal members for enactment or rejection. 5

6 Section 4. Elections on Initiatives or Referendums. Whenever an initiative petition with the required signatures is filed at the Tribal office or a resolution for a referendum is adopted by the Tribal Council, an election thereon shall be conducted within 45 days, unless there is a regular election to be held within 90 days. An election on a referendum or initiative must have a minimum voter turnout of 51% of the average voter turnout at the regular Tribal elections held during the previous 5 years. ARTICLE XI - DUTIES OF OFFICERS Section 1. Chairman. The Chairman of the Business Council shall preside over meetings of the Tribe and the Business Council. He shall perform all duties of the Chairman and exercise any authority delegated to him by the Business Council. Section 2. Vice Chairman. The Vice Chairman shall act as Chairman and perform the duties of Chairman in the Chairman's absence. Section 3. Secretary. The Secretary shall be responsible for Tribal correspondence and reports and shall keep a complete record of minutes of all business conducted at Business Council meetings and Tribal or General Council meetings. The Business Council may delegate an assistant or recording secretary to assist the Secretary in the performance of his duties. Section 4. Executive Director. The Business Council may employ an Executive Director to assist the Business Council in the performance of the administrative duties. The Executive Director shall be the manager and ranking officer, subject to supervision by the Business Council, in charge of the Tribe Office and its staff. His duties and responsibilities shall be more specifically detailed and outlined in his employment contract. Section 5. Appointive Officers. The duties of all committees and officers appointed by the Business Council shall be clearly defined in an ordinance passed by the Business Council. Such committee members and officers shall make reports to the Business Council as required. ARTICLE XII - CODE OF CONDUCT FOR COUNCILMEN AND OTHER EXECUTIVE OFFICERS Section 1. Hours of duty for Business Councilmen and other elective officers shall be determined as necessary to fulfill their obligations, responsibilities, objectives, and purpose as the governing body of the Spokane Tribe. Section 2. Notice of absence shall be in advance to an authorized representative designated by the Tribal Council. In case of an emergency, notification should be given at the earliest time possible. ARTICLE XIII - TIME AND PLACE OF MEETINGS Section 1. Meetings of Business Council. The Business Council shall hold at least 1 regular meeting a week at the Tribal headquarters at Wellpinit, Washington, or at other times and places required to satisfactorily fulfill its duties and responsibilities as outlined in this Constitution. Special meetings may be called at any time by the Chairman, by any 3 Council Members, or by a written request signed by at least 25 qualified voters of the Spokane Tribe. Section 2. Tribal and General Council Meetings. There shall be at least 2 General Council meetings a year. One in the month of April and another in the month of November. Additional General Council meetings may be called by the Chairman, by a majority of the Business Council or by a petition signed by at least 125 qualified voters of the Spokane Tribe. 15 Section 3. Quorum. A quorum of the Business Council shall consist of 3 members. A quorum of the General Council shall consist of 125 qualified voters of the Spokane Tribe. If a confirmed quorum is present at the time of any General Council vote on a matter, the matter voted upon shall be binding upon the Business 6

7 Council, unless the Business Council acts pursuant to Section 4 of this Article. If the General Council quorum is not confirmed at the time of a General Council vote, the matter shall be advisory to the Business Council. 7,15 Section 4. Binding power of the General Council Vote. A vote of a quorum of the General Council on any and all matters shall be final and binding on the Tribal Business Council unless the Tribal Business Council resolves to require a referendum vote of the membership on the matter. 6, 7 ARTICLE XIV AMENDMENTS The Constitution may be amended by a majority vote of the qualified voters of the Spokane Tribe voting in an election in accordance with Article X, Section 4, called for that purpose, by the Business Council. 8 It shall be the duty of the Tribal Council to call an election on a proposed amendment upon receipt of a petition therefore signed by at least 250 qualified voters of the Spokane Tribe. Such petition shall comply with the petitioning procedures provided by Section 1, Article VI. 18 ARTICLE XV ADOPTION This Constitution shall become effective when adopted by a majority of the qualified voters of the Spokane Tribe voting at an election called for that purpose by the Tribal Council. 9 A M E N D M E N T S 1. Article II: Amendment Approved by Commissioner of Indian Affairs on December 19, Article III, Sec. 2: Amendment Approved by Northwest Regional Director on February 2, Article VI, Sec. 3: Amendment Approved by Area Director on May 2, 1986 (memo May 2, 1986). 4. Article VIII(c): Amendment Approved by Commissioner of Indian Affairs on December 19, Article IX: Amendment Approved by Area Director on December 3, Article XIII, Sec. 4: Amendment Approved by Area Director on December 3, Article XIII, Secs. 3-4: Amendment Approved by Area Director on January 27, Article XIV: Amendment Approved by Northwest Regional Director on June 4, Article XV: Amendment Approved by the Northwest Regional Director on June 4, Article IV, Sec. 3: Amendment approved by the General Membership on June 5, 2010 by a vote of 490 yes and 268 no and approved by Resolution on June 7, Article III Sec. 3: Amendment approved by the General Membership on February 12, 2011, by a vote of 412 yes and 301 no and approved by Resolution on February 14, Article III, Sec. 1: Amendment approved by the General Membership on February 12, 2011, by a vote of 417 yes and 301 no and approved by Resolution on February 14, Article V, Sec. 2: Initiative approved by the General Membership on June 4, 2011, by a vote of 389 yes and 187 no and approved by Resolution on June 6, Article VII, Sec. 2: Referendum approved by the General Membership on June 4, 2011 by a vote of 361 yes and 209 no and approved by Resolution on June 6,

8 15. Article XIII, Sec 2 and Sec 3: Referendum approved by the General Membership on June 4, 2011 by a vote of 387 yes and 182 no and approved by Resolution on June 6, Article VI, Sec 4: Referendum approved by the General Membership on June 4, 2011 by a vote of 422 yes and 150 no and approved by Resolution on June 6, Article X, Sec 2: Referendum approved by the General Membership on June 2, 2012 by a vote of 522 yes and 235 no and approved by Resolution Article XIV, Referendum approved by the General Membership on June 2, 2012 by a vote of 523 yes and 224 no and approved by Resolution Article III, Sec. 1(c), Referendum approved by the General Membership on June 2, 2012 by a vote of 491 yes and 258 no and approved by Resolution

9 REVISED LAW AND ORDER CODE OF THE SPOKANE TRIBE OF INDIANS PREAMBLE For the purpose of exercising self-government, providing the law enforcement machinery, and protecting the health, safety and welfare of the residents of the Spokane Reservation, the Tribe hereby adopts this Law and Order Code. CHAPTER 1 - SPOKANE TRIBAL COURT Section 1-1 Name Section 1-2 Jurisdiction Section 1-3 Judges Section 1-4 Court Procedure Section 1-5 Juries Section 1-6 Witnesses Section 1-7 Appellate Procedure Section 1-8 Contempt of Court Section 1-9 Spokesperson or Professional Attorney Section 1-10 Clerks Section 1-11 Records Section 1-12 Copies of Law-Legal Revisor Section 1-13 Sovereign Immunity Section 1-14 Habeas Corpus Section 1-15 Priority of Laws Section 1-16 Severability Section 1-1 Name Name. The Spokane Tribe hereby establishes a Tribal Court to be known as the Spokane Tribal Court. Section 1-2 Jurisdiction Jurisdiction. (a) The Spokane Tribal Court shall be the court of general jurisdiction of the Spokane Tribe, and shall have jurisdiction over all matters now or hereafter described in this Code. (1) The Court may also exercise its inherent authority as a court of general jurisdiction. (2) Any reference to Spokane Tribal jurisdiction in this code shall also mean Tribal Court jurisdiction. (3) The jurisdiction of the Tribal Court, and the effective area of the Law and Order Code, shall include all territory within the Reservation boundaries, the lands outside the boundaries of the Reservation held in trust by the United States for Tribal members or the Tribe, and any other land considered to be within the jurisdiction of the Spokane Tribe by law. (4) Any reference in this Code to the Reservation includes the foregoing lands. (b) Entrance by any person onto any lands or property of the Spokane Indian Reservation or any other land or property under the jurisdiction of the Spokane Tribe of Indians shall be deemed equivalent to and construed to be consent to the jurisdiction of the Tribe. (1) Such consent shall be to both civil and criminal jurisdiction, in accordance to all applicable law, and shall be consent to all provisions of the Spokane Tribal Law and Order Code. (c) In addition, any person who utilizes any process of the Spokane Tribal Court, in any manner, shall have consented to the civil and criminal jurisdiction of the Spokane Tribe for any cause of action arising under the same operative set of facts. (1) Such use of Tribal Court process shall act as waiver of any jurisdictional defense. 9

10 (d) All criminal complaints filed by persons other than law enforcement agents, Tribal Court personnel, or the authorized Tribal Prosecutor shall contain an express waiver in accordance with this section or they will be dismissed for lack of jurisdiction [Reserved] Indian Service Employees. All persons employed in the Indian service of the Spokane Reservation shall be subject to the jurisdiction of the Spokane Tribal Court Means to Make Jurisdiction Effective. When jurisdiction is vested in the Court, the Court presumptively has the means necessary to the effective exercise of the Court s jurisdiction. (a) If the course of proceeding is not specifically provided for in this Code, any suitable process or mode of proceeding may be adopted that appears most comfortable within the spirit of Tribal law. (b) By way of example and not limitation, the Court may order the seizure and, following a hearing, the civil forfeiture of personal property used to violate a Court order. Section 1-3 Judges Number and Compensation of Judges. (a) The Spokane Tribal Court shall consist of a Chief Judge whose duties shall be regular and permanent and up to 3 Associate judges, who shall be called to service when the occasion requires. (b) The judges shall be compensated from Tribal or other available funds, at rates to be set by the Spokane Tribal Council Qualifications of Judges. (a) An individual shall be qualified to serve as Chief Judge of the Spokane Tribal Court only as follows: (1) Has at least 5 years of experience as a Judge, with extensive experience in: A. Criminal Prosecution; B. Juvenile Delinquency and Protection; C. Family Law and Support; D. Civil Issues, including complex litigation under the Federal Rules of Evidence; E. Probate and Guardianship; and (2) Is knowledgeable in the following areas: A. Current and historical federal Indian law issues; B. Tribal customs and traditions; C. Code reading and writing; and (3) Is at least 25 years of age; and (4) Has never been convicted or pleaded guilty to any felony, or a misdemeanor involving dishonesty within the past year Appointment of Judges. (a) Each Judge shall be appointed by Resolution of the Spokane Tribal Council at a regular or special meeting called for that purpose and shall hold office for a period of 3 years unless sooner removed for cause or by reason of abolition of office, resignation, death, or inability to serve. (b) Judges shall be eligible for reappointment Designation of Alternate Judge. In the event a Tribal Judge is unable, or for any reason unwilling, to complete the Judge s term of office, the Spokane Tribal Council shall appoint a successor to fill the unexpired term Disqualification of Judge. (a) Recusal. (1) No judge shall be qualified to act in any proceeding wherein: A. the Judge is a party to the proceeding; B. the Judge has direct interest in the subject matter in controversy; or C. a relative by marriage or blood in the 1 st degree: 10

11 ii. is a party; iii. is acting as a lawyer or spokesperson in the proceeding; iv. is known by the Judge to have a direct interest that could be affected substantially by the outcome of the proceeding; v. to the judge s knowledge is likely to be a material witness to the proceeding. (2) A judge shall not be disqualified to act in any proceeding because they are a member of the Spokane Tribe of Indians and the Tribe is a party to the proceeding. (3) The Judge shall enter an Order of disqualification, and the Court shall enter an order transferring and removing the cause to another Judge. (b) Definitions. For the purposes of this section, the following words or phrases shall have the meanings indicated: (1) Proceeding includes pretrial, trial, appellate review, or other stages of litigation; (2) Direct interest means a direct, absolute interest and does not include any per capita, fractional, proprietary, or equitable interest arising from a person s membership in an Indian tribe; (3) Timely means before the Judge makes a discretionary ruling in a matter, and before trial is commenced, unless a motion and affidavit alleges a particular incident, conversation, or utterance by the Judge that was not known to the party before a discretionary ruling is issued or trial commenced. (4) Tribe means the Spokane Tribe of Indians. (c) Affidavit of Prejudice. When a party believes that the Judge assigned to the proceeding would be disqualified under grounds set forth in this section that party, in good faith, may request the Judge to withdraw. (1) The party seeking the disqualification shall file with the Judge a timely petition for disqualification and a supporting affidavit setting out in detail the facts alleged to constitute the grounds for disqualification. (2) At the discretion of the Court, an opposing party may be permitted to respond to the allegations in the affidavit. (3) The Judge shall issue a written ruling on the matter. (4) Only 1 such motion and affidavit shall be filed on behalf of the same party in a case, and the motion and affidavit shall be made as to only 1 of the Judges of the Court. (5) If a Judge rules against disqualification, the Judge shall place all matters relating to such claims of disqualification into the record. (6) A party who believes that they are aggrieved by a disqualification decision of the trial court Judge may not seek interlocutory review, but may raise the issue on appeal upon conclusion of the case. (d) The provisions of disqualification and affidavit of prejudice shall not be applicable to the Spokane Tribal Appellate Court. Legislative History-Amended 06/30/97, Resolu ; revised 07/27/06, Resolu ; Readopted 08/01/06, Resolu ; Amended 12/18/06, Resolu Visiting Judges. In the event that a Judge or Judges are disqualified, and the Court does not have a trial judge or a sufficient number of Judges to hear a case on appeal, the Chief Judge of the Spokane Tribe shall appoint a visiting Judge or Judges. (a) The Chief Judge shall choose such Judge or Judges by contacting the Judges listed on the visiting Judge list. (b) This list shall be compiled by the Chief Judge, in consultation with the Tribal Council, and updated annually. (c) The list shall contain the names of those qualified to sit on the bench of the Spokane Tribal Court, and shall consist of those that are Judges for other Tribes and those attorneys from the private sector that are qualified to act as judges pro tem. (d) The Tribal Council, in consultation with the Chief Judge, shall annually set the amount of compensation payable to the visiting Judges. 11

12 Suspension or Removal of Judge. Any Judge of the Spokane Tribal Court may be suspended or removed for cause by the Spokane Tribal Council following a hearing before the Tribal Council. (a) At the hearing, the accused judge shall be given an adequate opportunity to answer all charges against him. (b) Causes sufficient for removal shall include, by way of example and not limitation, excessive use of intoxicants, immoral behavior, conviction of any offense other than a minor misdemeanor, use of official position for personal gain, desertion of office or failure to perform duties. (c) Causes may be further defined by contract with the judge Authority. The duly appointed Chief Judge and Associate Judges shall be empowered to hear and decide all matters properly brought before the Spokane Tribal Court Legal Training of Judges. The Tribal Council may establish educational and in-service training requirements for Tribal Judges and set up programs therefore. Section 1-4 Court Procedure Presiding Judge. Sessions of the Tribal Court for the trial of cases shall be held by the Chief Judge, or in case of his disability, absence, disqualification, or unavailability, by an Associate Judge, provided, however, that an Associate Judge may be called in to hear cases at anytime for any reasonable cause by the Chief Judge Designation of Alternate Chief Judge. The Chief Judge of the Tribal Court shall designate, in writing, one Associate Judge to act as Chief Judge whenever the Chief Judge is absent from the Reservation, is on vacation, ill or otherwise unable to perform the duties of his office. (a) The acting Chief Judge may exercise all of the powers of the Chief Judge. (b) The Chief Judge may at any time change his designation of the Judge empowered to act as Chief Judge. (c) In the event that the Chief Judge fails to designate a Judge to act in his absence, the Tribal Council shall designate an Associate Judge as acting Chief Judge Rules of Court. (a) The time and place of court sessions, and all other details of judicial procedure not prescribed in this Code, shall be set out in Rules of Court approved by the Spokane Tribal Council. (b) It shall be the duty of the Judges of the Spokane Tribal Court to make recommendations to the Spokane Tribal Council for the enactment or amendment of such rules of Court. Section 1-5 Juries Number of Jurors. A jury shall consist of 6 jurors Request for Jury Required. All cases both civil and criminal shall be heard by the Court unless a jury trial is requested. (a) The defendant in a criminal case may request a jury trial orally at the time of his arraignment or by written application to the Court within 3 days thereafter. (b) At the time of defendant's first appearance before the Court, the Court shall advise him of his right to request a jury trial. (c) In all non-criminal cases a request for jury trial must be submitted to the Court in writing no later than 10 days after the date of trial has been set Jury List. (a) Each year the Clerk of the Tribal Court shall prepare a list of eligible jurors. (b) Any enrolled member of the Spokane Tribe at least 18 years of age and residing on the Spokane Reservation shall be eligible to be a juror. (c) A person may be excused from jury duty for good cause shown to the trial judge Jury Roster. A roster of 24 names shall be drawn by the Court Clerk or the Judge from the current jury list in preparation for a jury trial. 12

13 (a) The Judge may dismiss any prospective juror for reasonable cause. (b) In addition to any dismissed for cause, any party to the case may strike not more than 3 names from those named remaining on the 24-name list. (c) The first 6 of the remaining names shall be called for seating on the jury Jury Instructions. (a) The Judge shall instruct the jury in the law governing the case. (b) In a civil action, the jury shall bring a verdict for the complainant (or plaintiff) or the defendant. (c) A less than unanimous verdict or judgment may be rendered in all civil actions provided at least 4 jurors agree. (d) In a criminal action, the jury shall bring a verdict of guilty or not guilty and a verdict of guilty shall be by unanimous accord of the jury. (e) The Judge shall render judgment in accordance with the verdict and existing law Discharge of Jury. (a) The jury may be discharged by the Court on account of sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing. (b) Where this happens, the action may thereafter be set for a new trial Compensation of Jurors. Each juror who serves upon a jury shall be entitled to compensation and expenses as provided in the rules of Court. Section 1-6 Witnesses Subpoenas. (a) The Judges of the Spokane Tribal Court shall have the power to issue subpoenas for the attendance of witnesses either on their own motion, on the request of the Chief of Police, or of any of the parties to the case. (b) Each subpoena shall bear the signature of the Judge issuing it Compensation of Witnesses. (a) Each witness answering a subpoena shall be entitled to a fee and expenses in accord with the Rules of Court. (b) Witnesses who testify voluntarily shall be paid by the party calling them. Section 1-7 Appellate Procedure Court of Appeals. The Spokane Tribe hereby establishes an appellate court, to be known as The Spokane Tribal Court of Appeals Location. The Court of Appeals shall sit, hold hearings, and keep offices and records on the Spokane Indian Reservation or at another location as established by Resolution of the Spokane Tribal Council Appellate Justices. (a) The Court of Appeals shall be composed of 3 Justices: a Chief Justice and 2 Associate Justices. (b) The appellate justices shall be selected by lot at the time of filing a Notice of Appeal by the Clerk of the Court of Appeals from among the Chief Judge and Associate Judges of the Tribal Court, or such other qualified judges from a pool as selected by the Tribal Council in consultation with the Chief Judge, excepting Judges who heard or decided the case which is the subject of the appeal Qualifications. (a) An Appellate Justice shall be an enrolled member of a federally recognized Tribe, at least 25 years old, informed respecting Tribal and Federal Indian law, and neither found guilty of a felony nor found guilty of a misdemeanor concerning dishonesty. (b) The Spokane Tribal Council shall have sole and final discretion to pass on the qualifications of the persons to serve on the pool of appellate justices. 13

14 Administration. The Chief Judge shall administer the Court of Appeals, select a clerk and, if the budgets allow, a solicitor, present budgets and personnel policies to the Tribal Council for its approval and advance the orderly evolution of Tribal law by semi-annual reports to the Tribal Council Compensation. The compensation of the Appellate Justices shall be set by the Spokane Tribal Council and shall not be diminished while they are in office Appeals Jurisdiction. Parties to Tribal Court suits have a right to appeal judgments and orders of the Tribal Court to the Court of Appeals; the Tribal Council reserves the right to bar appeals respecting specified subject matter, but neither retroactively applicable to suits pending in the Court of Appeals nor specific to a party. Resolu. 2005: By Resolution , adopted 11/22/05, by a vote of , the Spokane Tribal Council determined that all disputes arising from occurrences covered by the Tribe s or Tribal enterprises liability insurance policy(ies) shall be adjudicated in the Spokane Tribal Court; and that no court, other than the Spokane Tribe Court of Appeals, shall have jurisdiction to review, vacate, set aside, reverse, revise, correct, amend, or annul any decision of the Spokane Tribal Court Interlocutory Appeals. Appeals from interlocutory Tribal Court orders - orders entered before final judgment of the Tribal Court - shall not be permitted except in the instance of a writ of habeas corpus, injunctive relief, or on the certification of the Tribal Court in its sound discretion Notice of Appeal. Permissible appeals shall be taken by filing a written notice of appeal with the Clerk of the Spokane Tribal Court; a notice of appeal shall specify the parties taking the appeal and the judgment or order from which the appeal is taken; a notice of appeal shall concisely specify the grounds for the appeal; Appellate Form no. 1, appended hereto, shall be completed by appellants; the Clerk of the trial court shall mail photocopies of the notice of appeal to respondents Filing Fee for Appeal. The filing fee for an appeal shall be $75, or as otherwise established by rules of Court with the approval of the Spokane Tribal Council; appellants may seek an in forma pauperis order if they cannot afford the filing fee; the Spokane Tribe and its agents, subdivisions and chartered entities shall not be required to submit a filing fee Assembly of Record on Appeal. The Clerk of the Spokane Tribal Court shall assemble the record on appeal, inclusive of all papers filed or lodged with the Spokane Tribal Court, minutes, exhibits, orders and, upon the request of appellant or respondent, and at their cost, the transcript of all hearings, proceedings and the trial of the matter; the request for transcript shall accompany the notice of appeal; the record shall be submitted to the Court of Appeal no later than 7 days following filing of a notice of appeal from an interlocutory Tribal Court order, and no later than 45 days following filing of the notice of appeal from a final Tribal Court order Time of Appeal. (a) Notices of appeal shall be filed no later than 45 calendar days following issuance of the final Tribal Court order; late appeals shall be dismissed. (b) Notices of appeal from interlocutory Tribal Court orders shall be filed no later than 5 days following issuance of the order Briefs. Written briefs are mandatory and shall be completed no later than 70 days subsequent to submission of the record to the Court of Appeals by the Clerk of the Tribal Court. (a) The Chief Justice shall issue a briefing schedule to the parties, allowing 20 days for submission of Opening Brief by Appellant, 20 days for submission of a Responding Brief by Respondent, and 10 days for submission of a Reply Brief by Appellant; the time for briefing can be shortened or extended upon application by a party and for good cause. (b) Appeals shall not be dismissed for failing to submit briefs Oral Argument. (a) Oral argument shall be scheduled by the Chief Justice no later than 20 days following the time for submission of the last brief. (b) Oral argument can be waived by agreement of the parties Motions. Motion practice in the Court of Appeals shall follow Spokane Tribal Court procedures. 14

15 Stays. A stay of execution on appeal shall not be issued by the Spokane Tribal Court except upon a showing of substantial and irrevocable harm and the submission of a bond or security in an amount sufficient to pay for respondent's costs of appeal and the amount of the underlying judgment; a stay of execution or denial thereof shall be an appealable order Bonds. (a) Bonds or other security shall be posted upon order of the Spokane Tribal Court, in its sound discretion, subsequent to filing a notice of appeal; appellants may seek an order to proceed in forma pauperis; provided that nothing herein is intended to be inconsistent with the application of (b) The Spokane Tribe and its agents, subdivisions and chartered entities shall not be required to post a bond pending appeal. 15

16 Standard Appeals Form No. 1 Appellant Name Address Telephone No. SPOKANE TRIBAL COURT SPOKANE INDIAN RESERVATION, WASHINGTON, ) No., ) ) Appellant[s], ) NOTICE OF APPEAL ) v. ) ), ), ) ) Respondent[s]. ) ) Comes, Appellant herein, to notice an appeal from the order or judgment of the Spokane Tribal Court issued on,, an accurate and complete photocopy of which is affixed hereto. Legal grounds for this Appeal are that the order or judgment is contrary to law; specifically [list laws to which Order is Contrary]:. Factual grounds for this Appeal are that the order or judgment is not supported by substantial evidence on the record; specifically [list facts not supported by substantial evidence on the record]:. Further statement:. Appellant [check box, as appropriate] seeks a stay of execution shall submit a bond or undertaking as security for the appeal. Dated: Appellant 16

17 Section 1-8 Contempt of Court Contempt of Court. Contempt of Court is defined generally as any act which is calculated to embarrass, hinder, or obstruct court in its administration of justice, or is calculated to lessen its authority or dignity. (a) Criminal contempt is an act performed in the presence of the Court. (b) Civil contempt is a failure to perform an act as ordered by the Court Criminal Contempt of Court. Any person who, after warning of the Court, fails to maintain the respect due the Court or engages in offensive conduct in the courtroom shall be deemed guilty of contempt of court and subject to immediate sentencing by the Tribal Court judge to imprisonment for a period not to exceed 90 days or a fine not to exceed $300 or both. (a) Offensive conduct includes: (1) Disorderly, contemptuous, or insolent behavior committed in immediate view and presence of the court and directly tending to interrupt its proceedings or to impair the respect due to its authority; or (2) Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court Civil Contempt of Court. Any person may be charged in civil contempt of court for any of the following reasons: (a) Willful disobedience of any process or order lawfully issued by the court; (b) Resistance willfully offered by any person to the lawful order or process of the court; (c) The unlawful refusal of any person to be sworn or affirmed, or unlawful refusal to answer any material questions, except where refusal is based on legally-recognized grounds; (d) The publication of a false or grossly inaccurate report of the proceedings of any court; (e) Failure to appear on the date jury trial is scheduled after making a request for a jury trial; or (f) Willful failure to appear at a judicial proceeding in response to any duly issued subpoena, summons, citation, notice from the clerk of the court, or court order, commanding such appearance Criminal Contempt Proceedings. (a) In a criminal contempt proceeding the contempt or is entitled to notice and an opportunity to be heard. Notice of criminal contempt shall be by formal written complaint and will include: (1) mailing by the clerk to the contemnor, a copy of the notice, the charge, a statement that the proceeding is a criminal contempt proceeding, and a statement of the defendant s rights; (2) a statement that the defendant has an opportunity to have a hearing before the Court without a jury to explain the circumstances surrounding the contempt. Any such testimony given by defendant under this section cannot be used in a separate criminal proceeding; (3) the right to a jury trial if the informal hearing described in (2) above does not resolve the issue to the satisfaction of the contemnor and/or the Tribe seeks to impose a jail term; and (4) the right to the services of the Tribe s criminal defender, if such services are provided. (b) Guilt must be established beyond a reasonable doubt and the case will be prosecuted by the Spokane Tribal Prosecutor. The contemnor is not entitled to a jury trial if the Tribe does not seek the imposition of a jail penalty. (c) The defendant shall have the right to an appeal before the Spokane Tribal Court of Appeals if there is a finding of contempt Civil Contempt. (a) Civil contempt is coercive in nature and is imposed to coerce the contemnor to do what the Court made it his/her duty to do by order of the Court. (b) There is no right to a jury trial in a civil contempt proceeding Civil Contempt Hearing. 17

18 (a) The contemnor is entitled to notice and a hearing in civil contempt matters. The notice of civil contempt must include: (1) Mailing by the clerk to the contemnor, a copy of the notice of hearing, the act(s) alleged to support the charge of civil contempt, a statement that the proceeding is a civil contempt proceeding, and a statement of the defendant s rights; and (2) a statement that defendant has an opportunity to have a hearing before the court without a jury and without the services of the criminal defender, if any, to explain the circumstances surrounding the contempt. (b) The contemnor shall have the right to an appeal before the Spokane Tribal Court of Appeals if there is a finding of contempt. (c) Guilt for civil contempt must be established by clear and convincing evidence. The case will be prosecuted by the Spokane Tribal Prosecutor. The court can impose any of the following upon a finding of guilt: (1) Imprisonment until the contemnor does the act or purges him/herself of the contemptuous conduct; or (2) Payment of a compensatory fine to the other party; or (3) Payment of a fine to the court unless s/he performs the act required by the Court s order, i.e., a conditional fine Default on Fine. When a defendant defaults in the payment of a fine or any installment thereof, the court on its own motion shall order the defendant to show cause why defendant should not be held in contempt and may issue a summons or an arrest warrant for the defendant's appearance. (a) If good faith is shown, the court may allow additional time for payment or revoke all or part of the unpaid fine; otherwise, the court may order the imprisonment of the defendant until the fine is paid. (b) The court may order the seizure and sale of any personal property of the defendant found within the jurisdiction of the Spokane Tribe Disposition of Property Confiscated by the Court. (a) Any property, including equipment, which may have been confiscated by lawful order of the court under the provisions of this code shall be sold at a public auction and the proceeds thereof deposited by the clerk of the court into the general Tribal treasury. (b) The funds shall be recorded upon the accounts of the Tribe and shall be available for expenditure upon order of the judge and for such other purposes as the Spokane Tribal Council may direct. Section 1-9 Spokesperson or Professional Attorney Spokesperson. Any person appearing in Tribal Court, at their own expense, shall have the right to a spokesperson, which shall include the right to be represented by a professional attorney. (a) Such spokesperson may appear at any proceedings before the Tribal Court to assist the individual in presenting his/her case, provided that such spokesperson shall have first been approved to so act by the Tribal Court. (b) The Court shall adopt such standards for approval of spokespersons as the Court may deem necessary, with the advice and consent of the Tribal Council Prosecution. The Tribe in a criminal case or a civil case, in which the Tribe is a party, may make use of either a Tribal official or a professional attorney, who shall have first been approved to so act by the Tribal Court to represent the Tribe as prosecutor or attorney. Section 1-10 Clerks Clerks. The Spokane Tribal Court shall hire a Clerk of the Spokane Tribal Court at a rate of pay to be determined by the Tribal Council and subject to availability of funds. (a) The Clerk may render assistance to the Court, to the police force of the Reservation, and to individual members of the Tribe in the drafting of complaints, subpoenas, warrants, commitments, and any other documents incidental to the lawful functions of the Court. 18