Chapter 4.16 JUDICIAL CODE

This code shall be known as the Puyallup Tribal Judicial Code. It is intended to provide for the maintenance of law and order, the administration of justice, the resolution of disputes, and the well-being of Tribal members, other residents of the Puyallup Reservation, and those who have dealings on the Reservation. This code is enacted pursuant to Article VI, Section 1(k) of the Puyallup Tribal Constitution. [Res. 260393-a (03/26/93); prior code § 4.03.010]

4.16.020 Laws repealed.

The following Tribal codes, resolutions, and ordinances are repealed in their entirety:

(a) Puyallup Tribal Council Resolution No. 1222-77;

(b) Puyallup Tribal Ordinance No. 300991-A (amending Chapter 1, Section 2, Paragraph 6 of the Law and Order Code);

(c) Puyallup Tribal Council Resolution No. 082-9-24 (“Law and Order Code Amendment, Judges, Judges of the Appellate Court”);

(d) All those portions of the Puyallup Tribe Law and Order Code, adopted on December 28, 1981, and approved by the Bureau of Indian Affairs on January 8, 1982, that remain in effect;

(e) Provisions of any other Tribal law that are inconsistent with the contents of this code. [Res. 260393-a (03/26/93); prior code § 4.03.020]

4.16.030 Definitions.

When used in this code, the following words will have the meanings here given, unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the word in harmony with the purposes of this code.

(a) “Court of Appeals” shall mean the Puyallup Tribal Court of Appeals.

(b) “Judicial system,” or “Tribal judicial system,” shall mean the judicial system of the Puyallup Tribe as described in this code.

(d) “Tribal Court” shall mean the Puyallup Tribal Court.

(e) “Puyallup Tribe,” or “Tribe,” shall mean the Puyallup Tribe of Indians.

(f) “Tribal Court Administrator” or “Administrator” shall mean the person appointed to the position created by PTC 4.16.050.

(g) “Judicial Liaison” or “Liaison” shall mean the Judicial Liaison of the Puyallup Tribe created by this code. [Res. 171121 (11/17/21); Res. 260393-a (03/26/93); prior code § 4.03.030]

4.16.040 Tribal judicial system.

The judicial system of the Puyallup Tribe of Indians has previously been established and is hereby recognized and confirmed as a separate, co-equal branch of Tribal government. The judicial system shall be composed of the Puyallup Tribal Court, the Puyallup Tribal Court of Appeals, such other courts or decision-making bodies as the Council may designate, and the Judicial Liaison. [Res. 171121 (11/17/21); Res. 260393-a (03/26/93); prior code § 4.03.040]

4.16.045 Choice of law authorization.

(a) The parties to any contract, agreement, or other like document, including the Tribe and any department, program, or corporation of the Tribe, are hereby permitted and authorized to include in the document a stipulation providing that a designated body of laws will govern the interpretation and enforcement of the document; and

(b) The Tribal Court shall, in cases brought before the Court over which it has jurisdiction and involving the document, use the designated body of laws for the interpretation and enforcement of the document. [Res. 041096G (10/04/96)]

Subchapter 2. Administration of Justice

4.16.050 Tribal Court Administrator.

The Tribal Council shall employ an Administrator of the Court who shall carry out the duties of that position as set forth in this code and other provisions of Tribal law. [Res. 260393-a (03/26/93); prior code § 4.03.110]

4.16.060 Judicial Liaison – Creation, appointments, removal.

There is hereby established, pursuant to Article VI, Section 1(r) of the Constitution of the Puyallup Tribe, a Judicial Liaison to serve as a facilitator and advisor to the Tribal Council regarding judicial administration matters. The Liaison shall be entitled to compensation in the form of a monthly stipend to be established by the Tribal Council. Costs of compensation shall be included as a separate line item within the Judicial System’s annual budget. The Judicial Liaison shall be appointed by the Council for a three-year term. The Liaison may be reappointed at the discretion of the Council. The Tribal Council may remove the Liaison from his or her appointment in cases of:

(a) Conviction of a crime involving dishonesty or moral turpitude;

(b) Disability that renders him or her unfit to serve;

(c) Malfeasance in the conduct of Liaison duties as prescribed in Puyallup Tribal law. [Res. 171121 (11/17/21); Res. 050195A (01/05/95); Res. 260393-a (03/26/93); prior code § 4.03.120]

4.16.065 Judicial Liaison – Qualifications.

The Liaison must:

(a) Be an enrolled member of the Puyallup Tribe;

(b) Have a high school diploma or GED and at least one of the following:

(1) A license to practice law in the state of Washington; or

(2) Course work or training in any field related to law and order, dispute resolution, or justice systems; or

(3) Any combination of education or experience that would provide the knowledge to perform the Liaison’s duties.

(c) Not have been an employee of the Judicial System for the past five years and not have been previously terminated from the Judicial System or resigned in lieu of termination at any time;

(d) Have no cases pending before the Puyallup Tribal Courts in which they are a party;

(e) Complete a drug test for controlled substances with negative test results; and

(f) Complete a criminal background check. [Res. 171121 (11/17/21)]

4.16.070 Judicial Liaison – Authority, duties.

The Judicial Liaison shall have the following authority and duties:

(a) To give direction to the Tribal Court Administrator concerning administration of the Tribal Court and Tribal Court of Appeals. To transmit information related to judicial administration, raise concerns, and facilitate communications between the Puyallup Tribal Court leadership and the Tribal Council and other Tribal agencies and departments;

(b) To investigate and make recommendations regarding the appointment, reappointment, or removal of a judge of the Puyallup Tribal Court;

(d) To investigate, report, and submit recommendations to the Tribal Council regarding the removal of a Judge of the Tribal Court under the procedures set forth in PTC 4.16.180 through 4.16.190;

(e) The Liaison shall not have authority to consider the merits, either substantive or procedural, of any case pending before or decided by the Tribal Court or Tribal Court of Appeals, and the Liaison shall not talk about or otherwise discuss in any manner any such case. This section shall not, however, prevent the Judicial Liaison from considering prospectively an administrative issue that is otherwise within its purview, simply because the issue was raised in a pending or decided case;

(f) To approve a list of persons eligible to serve as Judges pro tempore;

(g) To perform other advisory duties and other tasks as assigned by the Tribal Council; provided such duties are consistent with Puyallup Tribal law. [Res. 171121 (11/17/21); Res. 050195A (05/01/95); Res. 260393-a (03/26/93); prior code § 4.03.130]

4.16.080 Judicial Liaison – Procedures.

The Judicial Liaison shall conduct business according to the following standards, and other procedures the position may establish not inconsistent with this section:

(a) The Liaison shall comply with Chapter 2.04 PTC, Standards of Conduct and Restricted Activities of Tribal Officials and Employees.

(b) The Liaison shall maintain accurate records of meetings, reports, investigations, and recommendations and secure such records in a designated locking cabinet set aside for that purpose.

(c) The Liaison shall meet monthly with the Chief Judge of the Tribal Court in order to obtain his/her input on matters affecting administration of the Courts. Neither the Liaison nor the Chief Judge, however, shall have supervisory or other authority over the other. [Res. 171121 (11/17/21); Res. 260393-a (03/26/93); prior code § 4.03.140]

4.16.090 Improper interference prohibited.

Neither the Tribal Council nor any Tribal official, employee, or other person shall interfere with the administration of justice carried out by institutions of the Tribal judicial system except by participation as a party in a case through the procedures established by Tribal law for the determination of cases. Interference prohibited by this chapter includes, but is not limited to:

(a) Termination of employment of a Judge by means other than those set forth in this code;

(b) Actions to remove a Judge from consideration of a case other than by a motion to recuse or other procedures set forth in applicable Court rules;

(1) By presentation of argument and legal authority to the Court as a party to the case or as an amicus curiae;

(2) In the case of the Tribal Council, by amendment of Tribal law by means of procedures authorized in the Tribal Constitution. [Res. 260393-a (03/26/93); prior code § 4.03.150]

4.16.100 Improper interference null and void.

Any action taken in violation of PTC 4.16.090 shall be deemed void ab initio, and shall be of no force or effect. [Res. 260393-a (03/26/93); prior code § 4.03.160]

4.16.110 Improper interference – Criminal violation.

Any interference prohibited by this chapter shall be deemed a violation of PTC 5.12.1150. [Res. 260393-a (03/26/93); prior code § 4.03.170]

Subchapter 3. Tribal Court

4.16.120 Trial Court.

The Puyallup Tribal Court shall be the general trial court of the Tribal judicial system. [Res. 260393-a (03/26/93); prior code § 4.03.210]

4.16.130 Jurisdiction.

The Tribal Court is a court of general jurisdiction over all matters, except as limited by Tribal law, in all areas and to the full extent permitted by Article I of the Constitution of the Puyallup Tribe. [Res. 260393-a (03/26/93); prior code § 4.03.220]

4.16.140 Judges.

The Tribal Court shall consist of a Chief Judge, such associate Judges as may be appointed by the Tribal Council, and any Judges pro tempore as provided in PTC 4.16.150. The Tribal Council shall make appointments only after consideration of recommendations made by the Judicial Liaison. The compensation to be paid to Judges of the Tribal Court shall be determined from time to time by the Tribal Council; provided, however, that the rate of compensation for a Judge of the Tribal Court shall not be reduced during his/her tenure as Judge. [Res. 171121 (11/17/21); Res. 260393-a (03/26/93); prior code § 4.03.230]

4.16.150 Judge pro tempore.

The Chief Judge may assign a Judge pro tempore to the Tribal Court. The Chief Judge shall select a Judge pro tempore from a list of eligible persons approved by the Judicial Liaison and the Tribal Council. The Tribal Court Administrator may serve as Judge pro tempore and may be assigned to trial court cases at the discretion of the Chief Judge. The Tribal Court Administrator must meet all eligibility requirements defined in PTC 4.16.160 to sit as a Judge pro tempore. [Res. 171121 (11/17/21); Res. 030407 (04/03/07); Res. 150698 (06/15/98); Res. 050195A (01/05/95); Res. 260393-a (03/26/93); prior code § 4.03.240]

4.16.160 Judges – Eligibility.

To be eligible to serve as a Judge of the Tribal Court, a person must:

(a) Be a member of a federally recognized Indian Tribe;

(b) Be over the age of 28 years;

(d) Not have been convicted of an offense involving dishonesty or moral turpitude. [Res. 030407A (04/03/07); Res. 060697A (06/06/97); Res. 280597 (05/28/97); Res. 260393-a (03/26/93); prior code § 4.03.250]

4.16.170 Judges – Term.

The term of the Chief Judge and each associate Judge shall be three years from the date of appointment by the Tribal Council. A Judge may be reappointed at the expiration of a term in the discretion of the Tribal Council. A Judge may not be removed from his/her appointment except as provided in PTC 4.16.180. [Res. 060697A (06/06/97); Res. 280597 (05/28/97); Res. 260393-a (03/26/93); prior code § 4.03.260]

4.16.180 Judges – Removal.

The Tribal Council may remove a Judge from her/his appointment only in cases of:

(a) Conviction of a crime involving dishonesty or moral turpitude;

(b) Disability that renders her/him unfit to serve; or

A Judge may be removed only pursuant to the procedures set forth in PTC 4.16.190. [Res. 260393-a (03/26/93); prior code § 4.03.270]

4.16.190 Procedure to consider removal of Judge.

The Tribal Council shall determine whether a Judge should be removed from her/his position only after the following procedures have been afforded:

(a) The Judge shall be provided with a detailed written description of the charges made against her/him as the grounds of his/her proposed removal;

(b) The Judicial Liaison shall conduct a hearing at which it considers the charges; the Liaison shall, in his/her discretion, give persons with knowledge of the alleged impropriety an opportunity to present relevant information, and shall give the Judge an opportunity to respond to the charges. During such response, the Judge shall have a right to confront her/his accusers and other witnesses, to present witnesses, and to be represented by a spokesperson at his/her own expense;

(c) The Liaison shall, after conducting the hearing, submit a written report to the Council detailing the information presented at the hearing, recommending whether the Judge should be removed from her/his position;

(d) The Tribal Council, after consideration of the Liaison’s report, shall determine whether to remove the Judge from his/her position. A Judge shall be removed only upon the affirmative vote of five members of the Tribal Council. [Res. 171121 (11/17/21); Res. 260393-a (03/26/93); prior code § 4.03.280]

4.16.200 Bias or prejudice of Judge.

(a) Any Puyallup Tribal Court Judge shall disqualify himself or herself in any proceeding in which he or she has a personal bias or prejudice concerning a party, or his or her impartiality might reasonably be questioned.

(b) Whenever a party to any proceeding in Puyallup Tribal Court makes and files a timely and sufficient affidavit that the Judge before whom the matter is pending has a personal bias or prejudice either against him or her, or in favor of any adverse party, or if his or her impartiality might reasonably be questioned, then such Judge shall pass on the adequacy of the affidavit of prejudice and enter the appropriate order, either hearing the case or reassigning it to another Judge.

(c) The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not more than 20 days following service of the complaint in a civil action, and not more than seven days following arraignment in a criminal action, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record or by the individual party if pro se, stating that it is made in good faith. [Res. 050195A (01/05/95); Res. 260393-a (03/26/93); prior code § 4.03.285]

4.16.210 Vacancies.

In case of a vacancy in the position of Chief Judge, the Tribal Council shall appoint a qualified replacement to fill the position for a full three-year term. The Tribal Council shall make such appointments only after due consideration of the recommendation for replacement made by the Judicial Liaison. [Res. 171121 (11/17/21); Res. 211106A (11/26/06); Res. 260393-a (03/26/93); prior code § 4.03.290]

4.16.220 Judges – Duties.

Judges of the Tribal Court shall have the duty and authority to:

(a) Try cases, to the Court and to a jury;

(b) Determine the meaning, interpretation, and application of the Tribal Constitution and laws and, where appropriate, other authorities;

(d) Issue warrants to apprehend and search warrants pursuant to the Tribe’s rules governing criminal procedure;

(e) Determine the amount of bail to be posted; and

(f) Issue any order or writ necessary and proper to the complete exercise of these powers and the general authority of the Court, including those necessary to compel compliance with orders of the Court and to punish persons for failure to comply. [Res. 260393-a (03/26/93); prior code § 4.03.300]

4.16.230 Court of record.

The Tribal Court shall be a court of record, and shall keep records of all proceedings in a manner sufficient to allow thorough and accurate review of any proceeding. Parties have a right to a recording of any court hearing, which shall be provided upon request. The Administrator shall forward to the Indian Law Reporter copies of decisions of the Court in cases where the Judge has so directed. The Judge shall direct that step in each case interpreting or applying Tribal or other relevant law, after taking steps, where appropriate, to protect the anonymity or confidentiality of parties. [Res. 220823A (08/22/23); Res. 260393-a (03/26/93); prior code § 4.03.310]

4.16.240 Administration.

The Judicial Liaison shall have overall authority for administration of the Tribal Court. The Tribal Court Administrator shall, under the direction of the Judicial Liaison, carry out the administrative duties of the Court.

At least once per fiscal year, the Chief Judge and Judicial Liaison shall submit a report to Tribal Council regarding the Tribal judicial system’s operations. [Res. 171121 (11/17/21); Res. 150698 (06/15/98); Res. 260393-a (03/26/93); prior code § 4.03.320]

Subchapter 4. Tribal Court of Appeals

4.16.250 Appellate court.

The Puyallup Tribal Court of Appeals shall be an appellate court of the Tribal judicial system. The Puyallup Tribal Council may enter into an agreement with an intertribal entity to administer the Court of Appeals on behalf of the Tribe. [Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.410]

4.16.260 Jurisdiction.

The Court of Appeals shall hear appeals filed from decisions of the trial court, unless Tribal law provides that there shall be no appeal in a particular case. The Court of Appeals may, upon review of the Tribal Court’s decision, affirm, reverse, modify, or remand that decision. [Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.420]

4.16.270 Judges – Eligibility.

To be eligible to serve as a Judge of the Tribal Court of Appeals, a person must:

(a) Be a member of a federally recognized Indian Tribe;

(b) Be over the age of 28 years;

(d) Not have been convicted of an offense involving dishonesty or moral turpitude. [Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.430]

4.16.280 Judges – Appointments and assignments.

(a) The Court of Appeals shall consist of persons appointed by the Tribal Council from a list of eligible Judges recommended by the Judicial Liaison. A panel of three Judges from among those duly appointed by the Tribal Council shall be assigned to hear and decide each appeal.

(b) The Judicial Liaison shall assign the panel from the list previously adopted of persons appointed by the Tribe for this purpose. Assignments shall be made:

(1) To assure that each appeal shall be heard by individuals who are neutral and unbiased concerning the issues and parties involved;

(2) Giving preference to persons of Native American descent;

(3) So as to maximize the rotation of assignments among the active persons on the list.

(c) If the Tribe enters into an agreement with an intertribal entity to administer the Court of Appeals on behalf of the Tribe, assignments in each case shall be made in the manner set forth in that agreement and any provisions of this section that are inconsistent with that agreement shall be disregarded. [Res. 171121 (11/17/21); Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.440]

4.16.290 Judges – Duties and powers.

Judges of the Tribal Court of Appeals shall have the duty and authority to:

(a) Hear appeals in cases and proceedings under the Court’s jurisdiction, and, upon review of the Tribal Court’s decision, to affirm, reverse, modify, or remand that decision;

(b) Determine the meaning, interpretation, and application of the Tribal Constitution and laws and, where appropriate, other authorities;

(c) Issue any order or writ necessary and proper to the complete exercise of these powers and the general authority of the Court, including those necessary to compel compliance with orders of the Court and to punish persons for failure to comply. [Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.450]

4.16.300 Records and publication of opinions.

(a) The Tribal Court of Appeals shall be a court of record, and shall keep thorough records of all proceedings. Parties have a right to a recording of any court hearing, which shall be provided upon request.

(b) The Administrator may forward to the Indian Law Reporter copies of decisions of the Court. The Judges may direct that step in each case interpreting or applying Tribal or other relevant law, after taking steps, where appropriate, to protect the anonymity or confidentiality of parties.

(c) If the Tribe enters into an agreement with an intertribal entity to administer the Court of Appeals on behalf of the Tribe, that entity may publish opinions and orders of the Puyallup Court of Appeals in paper and electronic format consistent with that entity’s policies and practices regarding publication of opinions and orders from other tribal courts of appeal administered by the entity. [Res. 220823A (08/22/23); Res. 030407B (04/03/07); Res. 260393-a (03/26/93); prior code § 4.03.460]

4.16.310 Administration.

(a) The Court Administrator, under the direction of the Judicial Liaison, shall be responsible for administration of the Tribal Court of Appeals.

(b) The Administrator of the Tribal Court shall carry out the day-to-day administrative duties of the Tribal Court of Appeals.

(c) If the Tribe enters into an agreement with an intertribal entity to administer the Court of Appeals on behalf of the Tribe, the administration of the Court shall be consistent with the terms of that agreement and any provisions of this section that are inconsistent with that agreement shall be disregarded. [Res. 171121 (11/17/21); Res. 030407B (04/03/07); Res. 150698 (06/15/98); Res. 260393-a (03/26/93); prior code § 4.03.470]

Subchapter 5. Rules of Appellate Procedure

4.16.320 Who may appeal.

Any party aggrieved by any final order, commitment, or judgment of the Puyallup Tribal Court may appeal such order, commitment or judgment to the Appellate Court by filing a notice of appeal within 30 days after such order, commitment or judgment has been entered; provided, that no Tribal law prohibits an appeal in a particular case. The Clerk of the Appellate Court shall not accept a late notice of appeal. A party whose notice of appeal has been rejected due to late filing may file a motion with the Appellate Court requesting acceptance of the notice of appeal if extraordinary circumstances prevented a timely filing. Such motion shall be granted at the discretion of the Court. [Res. 050195A (01/05/95); prior code § 4.03.510]

4.16.330 Contents of notice of appeal.

The notice of appeal shall specify the parties to the appeal, the order, commitment or judgment appealed from, and a short statement of the reasons or grounds for the appeal. Copies of the notice of appeal shall be served by the appellant upon all other parties in the case. [Res. 050195A (01/05/95); prior code § 4.03.520]

4.16.340 Names of parties.

The party taking the appeal shall be referred to as the appellant and the party against whom the appeal is taken shall be referred to as the appellee. The name of the case shall be the same as that used in the trial court. [Res. 050195A (01/05/95); prior code § 4.03.530]

4.16.350 Duties of the Clerk.

The Clerk of the Puyallup Tribal Court shall also serve as the Clerk of the Appellate Court and perform all duties relative thereto. Within 30 days after a notice of appeal is filed the Clerk shall prepare, certify and file with the Appellate Court all papers comprising the record of the case appealed. A separate docket shall be maintained for the Appellate Court to record each stage of the proceedings of each case appealed. [Res. 050195A (01/05/95); prior code § 4.03.540]

4.16.360 Briefing schedule.

Within 30 days following acceptance of the notice of appeal, the appellant shall file a written brief, memorandum or statement in support of the appeal. An original and three copies shall be filed with the Clerk of the Appellate Court and copies shall be served upon each of the other parties. The appellee shall have 30 days following receipt of the appellant’s brief, memorandum or statement to file a response. The original and copies of the response shall be filed and served in the same manner as the appellant’s brief, memorandum or statement. Any reply brief shall be filed within 15 days following receipt of appellee’s response brief. The original and copies of the reply shall be filed and served in the same manner as the appellant’s brief. [Res. 050195A (01/05/95); prior code § 4.03.550]

4.16.370 Length of brief – Size of paper.

No brief, memorandum or written statement shall exceed 40 pages in length. The size of the paper upon which the brief, memorandum or statement is written shall be eight and one-half inches by 11 inches. [Res. 050195A (01/05/95); prior code § 4.03.560]

4.16.380 Appellate procedure.

The Appellate Court shall by majority vote decide all cases based upon the brief, memoranda or written statements filed, the trial record, and oral arguments. Each side is allowed 30 minutes of oral argument, unless modified by the Court. [Res. 050195A (01/05/95); prior code § 4.03.570]

4.16.390 The decision.

The Appellate Court shall issue a written decision on all cases upon which it has granted review. The decision of the Appellate Court shall either affirm, reverse, or modify the decision of the Puyallup Tribal Court or it may remand the matter for further proceedings or retrial in accordance with its directions. All decisions of the Appellate Court are final. [Res. 050195A (01/05/95); prior code § 4.03.580]

4.16.400 Considerations governing reversal, modification, or remand of trial court decision.

Except as provided, the decision of the trial court will be reversed, modified, or remanded only:

(a) Where there has been an abuse of discretion that prevented a party from receiving a fair trial;

(b) Where there has been misconduct by the prosecution, Judge, or jury;

(d) Where the verdict or decision is contrary to the law and the evidence;

(e) Where there has been newly discovered relevant evidence that was not available at the time of the trial. [Res. 050195A (01/05/95); prior code § 4.03.590]

4.16.410 Sanctions.

If, after notice and a reasonable opportunity to respond, the Appellate Court determines that an appeal has been made for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, the Court may impose sanctions. [Res. 050195A (01/05/95); prior code § 4.03.595]

Subchapter 6. Bar of the Court

4.16.420 Membership.

Representation before the Tribal Court or Tribal Court of Appeals may be given by a lay spokesperson or a licensed attorney. Representation can be provided only by persons who have been admitted as members of the Tribal Court Bar. [Res. 260393-a (03/26/93); prior code § 4.03.610]

4.16.430 Rules of practice.

The rules in this chapter shall govern membership in the Tribal Court Bar and practice before the Courts of the Tribal judicial system. Because the practice of law is intimately concerned with the administration of justice, these rules are minimum standards only; the Courts may, from time to time, impose additional requirements for admission and practice as justice requires. [Res. 260393-a (03/26/93); prior code § 4.03.620]

4.16.440 Requirements for admission.

To qualify as a member of the Tribal Court Bar, a person must meet the following requirements:

(a) The applicant must be of good moral character. The applicant is required to bring to the Court’s attention any matters raising questions regarding the applicant’s mental or emotional stability, and any past conduct reflecting upon the applicant’s honesty and integrity.

(b) The applicant must be familiar with the Constitution and rules of procedure of the Puyallup Tribe, and understand their application in Court.

(c) The applicant must pay an admission fee of $30.00 to the Administrator of the Tribal Court, or move the Tribal Court for a waiver of such fee.

(d) The applicant must execute the oath of admission to the Tribal Court Bar.

(e) The applicant may not become a member of the Puyallup Tribal Court Bar if he or she has been disbarred, or resigned during pendency of any disciplinary investigation, by competent authority of any other tribe, state, federal or foreign jurisdiction. If the applicant becomes reinstated following any disbarment or resignation due to any disciplinary investigation, then the applicant may apply for membership in the Puyallup Tribal Court Bar.

The Tribal Court shall admit to the Tribal Court Bar any applicant who meets these requirements, and shall issue to the individual a certificate of membership. [Res. 201195 (11/20/95); Res. 260393-a (03/26/93); prior code § 4.03.630]

4.16.450 Rules of discipline.

A member of the Tribal Court Bar may be subjected to disciplinary sanctions for any of the following:

(a) The commission of any act constituting dishonesty, or impugning the member’s good moral character.

(b) Violation of any provision of the member’s oath of admission to practice before the Courts.

(d) Suspension or other disciplinary action taken against the member by an authority of another jurisdiction, except that disbarment, or resignation during pendency of any disciplinary investigation, by competent authority in any other tribe, state, federal or foreign jurisdiction shall subject the member to automatic disbarment from the Puyallup Tribal Court Bar until such time as the person has been reinstated in such other jurisdiction in which the person has been disbarred. Such automatic disbarment shall take place whether the disbarment or resignation in another jurisdiction took place before or after the date of Council Resolution 201195.

(e) Undertaking any action constituting a conflict of interest.

(f) Engaging in any conduct compromising the integrity and respect of the Court. [Res. 160296 (02/16/96); Res. 201195 (11/20/95); Res. 260393-a (03/26/93); prior code § 4.03.640]

4.16.460 Sanctions.

Upon the motion of any party, or upon its own motion, the Tribal Court may order an investigation of any allegations of misconduct by a member. Upon completion of the investigation, the Court shall conduct an open hearing to determine whether the allegations are well founded. All interested parties shall be notified at least 10 days in advance of the hearing, and shall be entitled to present evidence and confront witnesses.

Following the hearing, the Tribal Court shall make a finding of whether or not a violation has been established, and, in the event of an affirmative finding, shall specify the sanction. Sanctions may include censure, reprimand, suspension, or disbarment. [Res. 260393-a (03/26/93); prior code § 4.03.650]

4.16.470 Sanctions – Appeal.

Any individual upon whom a disciplinary sanction has been imposed by the Tribal Court may appeal that determination to the Tribal Court of Appeals. [Res. 260393-a (03/26/93); prior code § 4.03.660]