Chapter 3.15
COURT ADMINISTRATION
Sections:
3.15.020 Court Clerk – Duties.
3.15.030 Court Clerk – Authority.
3.15.040 Court records – Generally.
3.15.050 Records – Removal by permission only.
3.15.060 Access to Court records.
3.15.070 Documents filed with the Clerk.
3.15.080 Documents given to other parties.
3.15.090 Service of complaints.
3.15.100 Orders given to parties.
3.15.110 Computation of time – Generally.
3.15.120 Computation of time – Mailing.
3.15.140 Right to a spokesperson.
3.15.160 Spokespersons – Qualifications.
3.15.180 Roster of spokespersons.
3.15.200 Copies of laws available.
3.15.210 Disbarment – Generally.
3.15.220 Disbarment – Complaint.
3.15.230 Disbarment – Hearing.
3.15.240 Appeal from disbarment.
3.15.250 Conduct of Court sessions.
3.15.290 Civil contempt power.
3.15.300 Sanctions for civil contempt.
3.15.350 Eligibility of jurors.
3.15.360 Excuse from jury duty.
3.15.370 Request for jury trial.
3.15.380 Jury panel – Clerk to summon.
3.15.440 Right to compel witnesses to appear.
3.15.500 Failure to obey summons.
3.15.530 Costs – How computed.
3.15.010 Court Clerk.
The Human Resources Department of the Chehalis Tribe may hire a Court Clerk or may designate a person to act as Court Clerk if funding to hire a Court Clerk is unavailable. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.5.010.]
3.15.020 Court Clerk – Duties.
The Court Clerk shall have the following duties:
A. Keep Court records in all cases filed;
B. Attend all Court proceedings and keep a record of such proceedings;
C. Keep a calendar of Court hearing dates and help schedule Court proceedings;
D. Notify the judges and parties, as required in these rules, of actions taken, hearings scheduled, and other developments requiring their attention;
E. Record money for fines and costs charged to parties in Court cases;
F. Maintain and update a set of the laws of the Tribe;
G. Maintain a list of persons who are eligible to serve as jurors;
H. Maintain a list of persons who are admitted to the Tribal Court Bar. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.5.020.]
3.15.030 Court Clerk – Authority.
The Court Clerk shall have the authority to administer oaths for persons making affidavits, to prepare and certify the official record of a Court hearing, to issue notices of hearing and summonses, and such other authority vested by this title or by other laws of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.5.030.]
3.15.040 Court records – Generally.
All testimony and arguments given in open court shall be recorded and made part of the official record of each case and shall be kept by the Court Clerk with other official records. Recordings shall be retained for at least three months after final disposition, including any appeal taken. Records kept by the Court Clerk shall include:
A. A calendar of scheduled Court hearings;
B. The roster of members of the Tribal Court Bar;
C. A separate file for each lawsuit and criminal prosecution brought in the Court, with a copy of every document submitted in the case;
D. A payment ledger showing all funds received and disbursed in the course of each lawsuit or prosecution;
E. A docket book which shows, for each case filed, the case file number, the parties’ names, and a short description of every document filed and every order issued in the case, including the date of the order or filing. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.6.010.]
3.15.050 Records – Removal by permission only.
Official records of the Court shall be kept on the Chehalis Reservation in the Court Clerk’s office, and these records shall not be removed except with the permission of the chief judge. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.6.020.]
3.15.060 Access to Court records.
The case files of the Tribal Court shall be accessible on a limited basis. The prosecutor, judge, Tribal law enforcement, and the Court Clerk shall have access to the files as required by their official duties. The defendants in criminal cases and parties to civil cases shall have access to information contained in their case files. Other persons may have access to case files by written permission of the defendant, in civil fishing and in criminal cases, or of all parties to a civil case. This rule may be waived by the judge, in his or her discretion, upon written request and good cause shown. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.6.030.]
3.15.070 Documents filed with the Clerk.
Every complaint, summons, warrant, motion, written argument, agreement, and order shall be in writing and a copy filed with the Court Clerk unless the Court waives the writing requirement. Oral motions (requests to the Court) may be made in open court with all parties or their representatives present. The Clerk shall give a copy of every document filed in a Court case to the judge who has responsibility for the case. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.7.010.]
3.15.080 Documents given to other parties.
A party who files any document with the Court Clerk in a lawsuit or criminal prosecution shall give a copy of the same document to every other party in the case. If a party is represented by an attorney or spokesperson, the document shall be given to that representative. Delivery of a copy as required by this section may be made either by giving it to the party in person or by putting it in the mail. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.7.020.]
3.15.090 Service of complaints.
Service of civil fishing complaints shall be made by a Chehalis fisheries enforcement officer or other person authorized by the Court. Any other complaint and summons shall be personally served on the defendant or left at the defendant’s residence with a person of suitable age and discretion. The person serving the papers shall be at least 18 years of age and neither a party to the action nor a member of a party’s immediate family. If attempts at personal service fail, the papers may be served by certified mail, return receipt requested. If this fails, the Court may authorize, by telephone if necessary, service by publication. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.7.030.]
3.15.100 Orders given to parties.
Unless the judge issues an order or makes a decision in open court when all parties are present, decisions and orders of the Court shall be written down, and the Clerk shall give or send a copy of each such order to each party in the case. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.7.040.]
3.15.110 Computation of time – Generally.
When a code subsection, ordinance, rule or court order requires an action to be taken within a specific number of days, the day of the event from which the time limit runs is not counted. The last day is counted unless the last day is a Saturday, Sunday or Tribal holiday, in which case the deadline is the next working day. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.8.010.]
3.15.120 Computation of time – Mailing.
If a notice is given by mail, the time limit shall begin on the third day after deposit in the mail. For example, if a notice is mailed on the first, the first day of the time limit will be the fourth. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.8.020.]
3.15.130 Extension of time.
A party may make a prior, written request for an extension of time. The Court may grant the request, in its discretion, except the right of a criminal defendant to a speedy trial shall not be violated. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.8.030.]
3.15.140 Right to a spokesperson.
Any person appearing before the Tribal Court has the right to a spokesperson, at his or her own expense, to assist in presenting his or her case. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.010.]
3.15.150 Prosecutor.
The Tribe may be represented in Court by a prosecutor. The prosecutor must be admitted to the Tribal Court Bar. The prosecutor shall meet the qualifications and shall carry out the duties under the terms of his or her employment whether through government contract, Tribal employment, or other source. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.020.]
3.15.160 Spokespersons – Qualifications.
Persons desiring to appear as spokespersons before the Tribal Court must meet the following qualifications:
A. Be at least 21 years of age;
B. Be of good moral character;
C. Be familiar with the laws of the Chehalis Tribe which apply in their cases; and
D. Have taken and signed the spokesperson’s oath. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.030.]
3.15.170 Spokesperson’s oath.
Persons desiring to appear as spokespersons before the Tribal Court must take the following oath, signed before a judge or judicial officer:
I, _______________, do solemnly swear:
1. I am familiar with the laws of the Chehalis Tribe which apply to my case and will become familiar with those laws which apply to cases in which I represent people before this Court in the future.
2. I will at all times maintain the respect due to the Tribal Court and its officers.
3. I will abide by the rules of the Tribal Court.
4. I will use only those means consistent with truth and honor and I will never seek to mislead a judge by any false statements.
_____________________
Spokesperson
SUBSCRIBED AND SWORN before me this _____ day of _______, 20__.
_____________________
Judge
[Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.040.]
3.15.180 Roster of spokespersons.
A roster of all persons who may act as spokespersons and copies of the signed spokesperson’s oaths shall be kept by the Court Clerk and shall be referred to as the Tribal Court Bar. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.050.]
3.15.190 Bar admission fee.
The Business Committee may establish a fee for admission to the Tribal Court Bar. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.060.]
3.15.200 Copies of laws available.
Copies of the laws of the Chehalis Tribe shall be available for the use of spokespersons and individuals representing themselves before the Tribal Court. The Business Committee may establish a fee to cover the cost of copying the laws. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.070.]
3.15.210 Disbarment – Generally.
Any spokesperson who breaks any promise he or she made in the spokesperson’s oath or who has violated the laws of the Chehalis Tribe may be disbarred. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.080.]
3.15.220 Disbarment – Complaint.
Any member of the General Council, Tribal law enforcement, the Court Clerk, judge, judicial officer or prosecutor may file a written complaint with the Court for disbarment of a spokesperson. The complaint shall state the specific grounds for disbarment along with an affidavit stating facts to support the complaint. A copy of the complaint and a notice of hearing shall be served on the spokesperson. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.090.]
3.15.230 Disbarment – Hearing.
A hearing before the Tribal Court shall be scheduled no sooner than 10 days and no more than 60 days from the date the complaint and notice of hearing are served on the spokesperson. The spokesperson may present witnesses on his or her behalf and any other defense. The Court may dismiss the complaint, order permanent disbarment, or order disbarment for a specific period. The Court may set conditions for reinstatement. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.100.]
3.15.240 Appeal from disbarment.
A spokesperson who has been disbarred by the Tribal Court may appeal the decision to the General Council. The General Council shall decide whether to affirm, reverse or modify the Court’s decision by a majority vote of the General Council at a meeting at which a quorum is present. The decision of the General Council shall be final. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.9.110.]
3.15.250 Conduct of Court sessions.
All Court proceedings shall be conducted in a dignified manner. All persons present when Court is in session shall be orderly and respectful. Persons addressing the Court shall speak in a clear, courteous manner. No person shall possess any weapon or firearm in the courtroom except an authorized law enforcement officer or bailiff or when the weapon is being presented as evidence. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.10.010.]
3.15.260 Courtroom order.
A judge may appoint a person to keep order in the courtroom. A law enforcement officer or other person appointed by the judge shall be posted outside the door of any closed hearing. Persons who disrupt the Court proceedings or who are disrespectful of the Court may be ordered to leave the courtroom and may be found to be in contempt of court. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.10.020.]
3.15.270 Sessions – Site.
All sessions of the Tribal Court shall be held on the Chehalis Reservation unless otherwise agreed by the parties and the Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.10.030.]
3.15.280 Schedule.
The Court may set and publish a schedule for regular Court sessions. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.10.040.]
3.15.290 Civil contempt power.
The Court has the power to charge with civil contempt any person who neglects his or her duty or harms the rights of any party to an action before the Court. The Court may invoke its civil contempt power in the following situations, but its power is not limited to these examples: disobedience to any lawful order, judgment, or process of the Court; willful interference with the attendance or testimony of a witness; or failure to appear as a juror. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.11.010.]
3.15.300 Sanctions for civil contempt.
Any person found to be in civil contempt of court may be ordered to:
A. Pay compensation to a party if actual loss or injury was suffered by a party due to the misconduct; or
B. Imprisonment until the person performs an act or duty which he or she failed to perform and which is yet in the power of the person to perform. Imprisonment under this subsection shall not exceed six months. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.11.020.]
3.15.310 Criminal contempt.
Any person who is found by the Court to have committed one of the following acts may be declared in contempt of court and punished by a fine no greater than $500.00 or by imprisonment no longer than six months or both:
A. Disorderly, contemptuous or insolent behavior which interrupts the proceedings of the Court or which impairs the respect due to its authority;
B. Willful disobedience of any process or order lawfully issued or made by the Court;
C. Resistance willfully offered to the lawful order or process of the Court;
D. The unlawful refusal of any person to be sworn or affirmed, including refusal to answer any material questions except where refusal is based on valid legal grounds;
E. Any person who shall request a jury trial and fails to appear on the date the jury trial is scheduled. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.11.030.]
3.15.320 Summary disposition.
When a contempt is committed in the presence of the Court, it may be punished at that time. An order shall be prepared stating: the contemptuous acts which occurred in the Court’s presence, determining that the person is guilty of contempt, and the punishment imposed. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.11.040.]
3.15.330 Default on fine.
When a defendant defaults in the payment of a fine or any installment thereof, the Court on its own motion or on the Tribe’s motion shall order the defendant to show cause why he or she shall not be held in contempt and may issue a summons or an arrest warrant for the defendant’s appearance. If good faith is shown, the Court may allow additional time for payment. This section may be imposed in addition to any other penalty or remedy provided under the laws of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.11.050.]
3.15.340 Right to jury trial.
The right to a jury trial is limited to criminal prosecutions in which the offense is punishable by imprisonment. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.010.]
3.15.350 Eligibility of jurors.
Members of the Chehalis Tribe who are at least 21 years of age are eligible to serve as jurors. However, no person shall be eligible to sit on a jury in any case in which he or she has a direct interest or is related to a party by blood or marriage in the first or second degree. Law enforcement officers and Court personnel are not eligible to serve as jurors. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.020.]
3.15.360 Excuse from jury duty.
The judge may excuse any person from jury duty if the person demonstrates hardship or other good cause to be excused. Jurors may be excused temporarily or permanently. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.030.]
3.15.370 Request for jury trial.
A request for a jury trial may be made at arraignment and must in all cases be made at least 10 days before the scheduled trial date. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.040.]
3.15.380 Jury panel – Clerk to summon.
When a defendant asks for a jury, the Court Clerk shall draw the names of at least 12 persons, at random, from the list of eligible jurors. The Clerk shall then send a summons to each person whose name is drawn. The summons shall order the person to appear in Court at the time set for trial of the case. The summons shall give the defendant’s name. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.050.]
3.15.390 Challenges.
At the trial, six of the jurors summoned shall be called and then seated in the courtroom. The parties shall alternately question the jurors as to their impartiality and fairness. A party may challenge any juror for cause and the judge shall excuse any juror whom he or she feels would not be completely fair and impartial. As a juror is excused, the Court Clerk shall draw the name of another juror to be seated and each party shall have an opportunity to examine the juror for fairness and impartiality. There shall be no limit on challenges for cause but jurors shall only be excused for cause. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.060.]
3.15.400 Fees.
Reserved. [Res. 2011-020; Res. 2006-63. Prior code § 2.1.13.070.]
3.15.410 Jury instructions.
The jury shall hear all admissible evidence about the facts of the case. At the close of presentations, the judge shall explain to the jury what the law is and shall instruct the jury to decide what the facts are in light of the law as explained. The parties may suggest to the judge the explanations which they think the judge should give the jury. The Court shall instruct the jury that the defendant is presumed to be innocent and that the jury should find the defendant guilty only if they believe the defendant is guilty beyond a reasonable doubt. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.080.]
3.15.420 Jury – Deliberation.
In all cases the judge shall instruct the jury that they shall retire to consider the matter, that they shall elect a foreman, and that each juror shall be given an opportunity to state his or her opinion. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.090.]
3.15.430 Jury – Decision.
The jury shall enter a verdict of guilty only if the six jurors unanimously agree with that verdict. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.13.100.]
3.15.440 Right to compel witnesses to appear.
Any party to a proceeding before the Tribal Court shall have the right to compel witnesses to appear in court on his or her behalf. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.010.]
3.15.450 Summons – Generally.
Upon request of a party or of a judge, the Court shall issue a summons which commands a named person to appear in court and/or to bring certain evidence or documents to court. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.020.]
3.15.460 Summons – Signature.
The Court Clerk may sign and issue summonses for witnesses if they are to be served within the Tribe’s jurisdiction. In all other situations, the summons shall be issued by and include the signature of a judge. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.030.]
3.15.470 Summons – Content.
Every summons commanding a witness to appear shall be in writing and shall include the name of the Court, the names of all parties, the time and place that the witness must appear, and a clear and detailed description of any documents or evidence which the witness is required to bring. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.040.]
3.15.480 Summons – Service.
A summons issued as provided in this section shall be delivered to the witness by a person named by the Court for that purpose. The summons may be delivered either by giving it to the witness directly or by leaving it at the witness’s residence or place of employment with a person at least 14 years old who lives or works there. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.050.]
3.15.490 Summons – Return.
A person who delivers a summons to a witness shall promptly file with the Clerk a copy of the summons and a written statement describing where, when and how delivery was made. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.060.]
3.15.500 Failure to obey summons.
Failure of a witness to obey a summons shall be grounds for holding the witness in contempt of court. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.070.]
3.15.510 Witness fees.
The Business Committee may establish witness fees. The Court may order witness fees, if any are paid, to be assessed as costs in civil actions and appeals. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.14.080.]
3.15.520 Costs – Generally.
The judge shall order the losing party to pay costs to the winning party in those civil suits which are essentially private in nature, unless the judge decides that requiring payment of costs would be unjust. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.15.010.]
3.15.530 Costs – How computed.
Costs shall include:
A. Filing fees;
B. Costs of serving papers;
C. Postage costs for delivering notices and documents; and
D. Witness and jury fees paid. Costs shall not include attorney or spokesperson fees except where the Court finds an action was brought frivolously or for harassment purposes. [Res. 2011-020; Res. 2006-63; GC vote 5/2/1988. Prior code § 2.1.15.020.]