CHAPTER 2-3
COURT CLERK

2-3-1 Establishment Judicial Administrator’s Office.

There is hereby established a Court Clerk’s Office to be administered by one (1) Court Clerk and such Deputy Court Clerks as may be necessary. The Judicial Administrator and Court Clerk shall be appointed by the Administrative District Judge, and shall serve at the pleasure of the Administrative District Judge. The Judicial Administrator with the approval of the Administrative District Judge shall appoint all other non-judicial personnel.

(Amended by PBP TC No. 99-36, March 16, 1999; amended by PBP TC No. 99-123, September 10, 1999)

2-3-2 Service to all Courts.

Until such time as the Court of Appeals determines that separate Clerks are necessary to efficiently administer the business of the Courts and funding is available, the Court Clerk shall serve as the Clerk of the Court of Appeals and the Clerk of the District Court.

2-3-3 Judicial Administrator.

Judicial Administrator is a supervisory administrative position within the Judicial Council. The Judicial Administrator shall be responsible for the preparation of the Court’s budget and to supervise the Court Clerk.

(Amended by PBP TC No. 99-123, September 10, 1999)

2-3-4 Powers and Duties.

The Court Clerk shall have the following powers and duties:

(A)    To undertake all duties and functions otherwise authorized by law, or necessary and proper to the exercise of a duty.

(B)    To supervise and direct work of all employees in his office.

(C)    To collect all fines, fees, and costs authorized by law, and to receipt and to deliver to the Court fund.

(D)    To accept, when ordered by the Court, monies for the payment of civil judgments and to pay same by check to the party entitled to them.

(E)    To be audited at least once each year.

(F)    To have a fidelity or performance bond to guarantee the funds deposited in such amount, as the Administrative District Judge shall direct.

(G)    To administer oaths, certify a true copy of Court records, and to accurately keep each and every record of the Court of Appeals and District Courts.

(H)    To provide a record in the absence of a Court Reporter to accurately and completely record all proceedings and hearings of the Courts.

(I)    To provide clerical services to the Court.

(J)    To act as librarian, and to keep and maintain the Court’s law library.

(K)    To undertake all other duties assigned or delegated to the Clerk’s office by Tribal law or Court Rule.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-3-5 Seal.

The Court Clerk is authorized to have and use a seal which shall be circular in form and contain the words, “District Court Clerk”, or “Court of Appeals Clerk”, and the name of the Tribe around the edge. The seal shall be impressed upon all authorized documents, as evidence of their authenticity.

2-3-6 Certification of True Copies.

The Court Clerk is authorized to certify that a copy of any record in his office is a true and accurate copy of the record on file by signed stamp or writing placed on such copy, sealed with the seal of the Court Clerk’s office.

Certified copies of records shall be admissible as evidence without further authentication in all judicial and administrative proceeding of this Tribe.

2-3-7 Notice or Orders or Judgments.

Upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail upon each party who is not in default, and shall make a note in the docket. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by law. Any party may also serve a notice of such entry in the manner provided in the Civil Procedure Act for the service of papers.

2-3-8 Clerk’s Books, Records and Entries.

(A)    The Clerk shall assign consecutive file numbers to each action. All papers filed with the Clerk shall be entered chronologically on the folio assigned to the action and shall be marked with its file number.

(B)    The Clerk shall also keep such other books and records as may be required from time to time by law or by the Court Judges or Justices.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-3-9 Separate Case Files.

The papers in each case shall be kept in a separate file marked with the title and number of the case.

2-3-10 Memorializing Record.

It is the duty of the Court to write out, sign, and record its orders, judgments, and decrees within a reasonable time after their rendition. To aid in the performance of this duty, the Court may direct counsel or the Court Clerk to prepare the written memorialization for its signature and, after it is signed, to file it in the case record, or, the Court may direct the Clerk to prepare the written memorialization dictated by the Court and sign and file the same on the Court’s behalf.

2-3-11 Statistical Information.

The Clerk shall keep the records and books and papers appertaining to the Court and record its proceeding, and exercise the powers and perform the duties imposed upon him by Tribal statute, order of the Court, or Court rule. The Clerk is directed to furnish annually, or at such times shall be requested, such statistical information including, but not limited to, the number and classification of cases:

(A)    Filed with the Court.

(B)    Disposed of by the Court.

(C)    The cases pending before the Court.