Chapter 2.60
SEIZURE, FORFEITURE AND DISPOSITION OF PROPERTY
Sections:
2.60.010 Applicability and general provisions.
2.60.050 Custody of Tulalip Tribes.
2.60.070 Nonsummary forfeiture.
2.70.080 Additional authority of the Court.
2.70.090 Release of seized noncontraband property.
2.60.100 Special rules regarding seizure and forfeiture of real property.
2.60.110 Civil fine for frivolous claim.
2.60.120 Motion to set aside forfeiture.
2.60.130 Disposition of forfeited property.
2.60.140 Vesting of title in the Tulalip Tribes.
2.60.150 Stay of civil forfeiture proceedings.
2.60.010 Applicability and general provisions.
(1) The provisions of this chapter shall apply to:
(a) Subject property expressly identified in this chapter;
(b) Forfeiture in civil proceedings where the relevant code expressly adopts this chapter by reference; and
(c) Forfeiture in civil proceedings where the relevant code does not establish alternative procedures.
(2) If any provision of this chapter is found to conflict with or be inconsistent with a provision of another section of the Tulalip Tribal Code, the provisions of this chapter shall control.
(3) For purposes of this chapter, “days” means judicial days unless otherwise noted.
(4) If conduct by a person over whom the Tulalip Tribal Court does not have criminal jurisdiction would give rise to criminal liability if it had been committed by a person over whom the Court does have criminal jurisdiction, that conduct shall subject any property used in such conduct to forfeiture under Tulalip Tribal law. [Res. 2017-382].
2.60.020 Subject property.
The following shall be subject to forfeiture to the Tulalip Tribes and no property right shall exist in them:
(1) All controlled substances or listed chemicals which have been manufactured, distributed, dispensed, acquired, transported, or possessed in violation of Chapter 3.55 TTC.
(2) All raw materials, plants, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or listed chemical in violation of Chapter 3.55 TTC.
(3) All property which is used, or intended for use, as a container for property described in subsection (1) or (2) of this section.
(4) Any drug paraphernalia as defined by Chapter 3.55 TTC.
(5) All conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in subsection (1) or (2) of this section, except that no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the conduct giving rise to the forfeiture action.
(6) All books, records, microfilm, tapes, electronic devices, digital storage media, and research, including formulas and data, which are used, or intended for use, in violation of Chapter 3.55 TTC.
(7) All monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or listed chemical in violation of Chapter 3.55 TTC, all proceeds traceable to such an exchange, and all monies, negotiable instruments, and securities used or intended to be used to facilitate such an exchange.
(8) All real property, including any right, title, and interest (including any leasehold interest or assignment) in the whole or portion of any lot or tract of land, and any appurtenance or improvement thereto, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of an offense involving the manufacture, cultivation, delivery, or possession with intent to manufacture or deliver a controlled substance or listed chemical in violation of Chapter 3.55 TTC.
(9) Any weapon, as defined by Chapter 3.50 TTC:
(a) Used, intended to be used, or possessed to facilitate the transportation, sale, receipt, possession, or concealment of property described in subsection (1), (2) or (7) of this section; or
(b) Used, intended to be used, or possessed during the commission of any crime or other violation of Tulalip Tribal law.
(10) Any instrumentality used, or intended to be used, in any manner or part, to commit, or to facilitate, the commission of any Class F crime as defined by Tulalip Tribal law.
(11) Any property expressly subject to seizure or forfeiture under any other provision of Tulalip Tribal law that adopts this chapter by reference. [Res. 2017-382].
2.60.030 Contraband.
(1) All controlled substances defined in this chapter and TTC Title 3 that are possessed, transferred, sold, or offered for sale in violation of the provisions of Tulalip Tribal law; all dangerous, toxic, or hazardous raw materials or products subject to forfeiture under this chapter; and any equipment, container, paraphernalia or other property subject to forfeiture under this chapter which cannot be separated safely from such substances, raw materials or products, are hereby classified as contraband and shall be seized and summarily forfeited to the Tulalip Tribes.
(2) All species of plants from which controlled substances in this chapter and TTC Title 3 may be derived which have been planted or cultivated in violation of Tulalip Tribal law, or of which the owners or cultivators are unknown, or which are wild growths, are hereby classified as contraband and shall be seized and summarily forfeited to the Tulalip Tribes. The Tulalip Tribes, or its duly authorized agent, shall have authority to enter upon any lands, or into any dwelling or structure pursuant to a search warrant, to cut, harvest, carry off, or destroy such plants. [Res. 2017-382].
2.60.040 Seizure procedures.
Any property subject to forfeiture to the Tulalip Tribes under this chapter may be seized by an officer under a search warrant. Seizure without a warrant may be made if:
(1) The seizure is incident to an arrest or a search warrant issued for another purpose;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the Tribes in a criminal proceeding or a forfeiture proceeding based on this chapter;
(3) The officer has probable cause to believe that the property is directly or indirectly dangerous to the health or safety of any person or the public at large; or
(4) The officer has probable cause to believe that the property was used or is intended to be used in violation of Tulalip Tribal law. [Res. 2017-382].
2.60.050 Custody of Tulalip Tribes.
Property taken or detained under this chapter shall be deemed to be in the legal custody of the Tulalip Tribes, subject only to the orders and decrees of the Tulalip Tribal Court. Whenever property is seized under any of the provisions of this chapter, the Tribes may:
(1) Place the property under seal;
(2) Remove the property to a designated place to be preserved for purposes of discovery and use as evidence in a proceeding under this chapter or in any criminal proceeding; or
(3) Remove it, if practicable, to an appropriate location for disposition in accordance with an order of the Tribal Court. [Res. 2017-382].
2.60.060 Summary forfeiture.
(1) Any property seized pursuant to TTC 2.60.020(1), (2), (3), (4), or (9) is subject to summary forfeiture, but shall be preserved for purposes of discovery and use by the parties in potentially related proceedings until such time as the Court issues an order disposing of such proceeding or proceedings.
(2) Prior to disposing of any property seized pursuant to TTC 2.60.020(2), (4), or (9) that is not classified as contraband under TTC 2.60.030:
(a) The Tulalip Tribes shall provide notice of the seizure and intent to forfeit the property to the owner of the property, if known. The notice must:
(i) Describe the property seized;
(ii) State the time, cause, and place of seizure; and
(iii) Provide the owner 30 calendar days to file a claim with the Tribes’ Prosecuting Attorney contesting the seizure and forfeiture.
(b) The notice required under subsection (2)(a) of this section shall be served:
(i) At the time of seizure; or
(ii) By personal service on any owner whose name and address is known to the Tulalip Tribes.
(iii) If service at the time of seizure or personal service cannot be made for any reason, the notice may be served by publication by its posting on the Tulalip Tribes’ official government forfeiture web site for at least 30 consecutive calendar days.
(c) If an owner files a claim to any property subject to this section, the Tulalip Tribes shall initiate a nonsummary forfeiture action as provided in TTC 2.60.070. [Res. 2017-382].
2.60.070 Nonsummary forfeiture.
Any property seized pursuant to TTC 2.60.020(5), (6), (7), (8), (10), or (11), and any property for which a claim is filed pursuant to TTC 2.60.060(2)(c), is subject to the following forfeiture procedures.
(1) Petition and Summons.
(a) Within 45 days of the seizure or the filing of a claim pursuant to TTC 2.60.060(2)(c), the Tulalip Tribes shall file a petition and request for summons to institute forfeiture proceedings with the Court. The petitioner shall notify the Court of the identity and address of all known parties in interest. The Clerk shall issue the summons requested by the petitioner within 10 days of the filing of the petition.
(b) The petition shall include the following:
(i) A description of the property seized;
(ii) The time, date, and location of the seizure;
(iii) The relevant provisions of the Tulalip Tribal Code that subject the property to seizure and forfeiture;
(iv) The name and address if known of the person or persons from whom the property was seized;
(v) The names and addresses of any other persons whom the petitioner knows or has reason to believe have or may assert a property interest in the property seized; and
(vi) If, as provided in subsection (2)(c) of this section, service by notice at the time of seizure is to be relied upon in lieu of service of the petition and summons, a sworn declaration establishing that service by notice at the time of seizure was in fact accomplished.
(2) Service of Petition and Summons.
(a) Within 20 days from the date the Court issues the summons, the petitioner shall cause the petition and summons to be served upon all known owners or claimants of the property by personal service or certified mail.
(b) Where the identity or the mailing address of an owner or claimant is not known, the petition and summons may be served by publication by posting them on the Tulalip Tribes’ official government forfeiture website for at least 30 consecutive calendar days.
(c) Service by Notice at the Time of Seizure. The requirement for service of the petition and summons shall be deemed satisfied as to any person if:
(i) The person was provided notice at the time of seizure identifying the property seized and informing the person of:
(A) The Tulalip Tribes’ intent to forfeit the property;
(B) The legal basis for the seizure and forfeiture; and
(C) The procedure for contesting the seizure and forfeiture; and
(ii) The petition and summons are published in accord with subsection (2)(b) of this section.
(d) Petitioner shall file proof of service with the Court no later than five days after the petition and summons have been served, except that when service is made by notice at the time of seizure, no proof of service beyond the sworn declaration that accompanies the petition shall be required.
(3) Failure to Timely Proceed.
(a) If the Tulalip Tribes fails to file a petition within the time frame allowed or fails to file proof of service within the time frame allowed, the Tribes shall promptly release noncontraband property to the owner or person from whom it was seized, and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense. If there are multiple owners or claimants and service has been perfected as to at least one of the owners or claimants, then the forfeiture action may proceed on the condition that the Court provide such additional process, remedy or relief as necessary to protect the interests of any owner or claimant who was not timely served.
(b) If the Court fails to issue a summons within the time frame allowed, a claimant’s time to file a response shall be extended by the number of days the Court delayed issuance of the summons, unless the claimant was served pursuant to subsection (2)(c) of this section.
(4) Response.
(a) Within 30 days after the service of the petition and summons, the owner or claimant of the seized property (hereinafter “respondent”) shall file a response to the petition to institute forfeiture proceedings. The Court shall not extend the time for filing a response absent a showing of extraordinary circumstances.
(b) The response:
(i) Must include the respondent’s name and a legal address for purposes of service;
(ii) Must identify the specific property being claimed;
(iii) Must state the respondent’s interest in the property being claimed;
(iv) Must provide the name and address of any other person the respondent knows or has reason to believe has or might assert an ownership interest in the property;
(v) Must set forth the facts establishing the ownership of the property;
(vi) May set forth all defenses to be asserted to the petition;
(vii) May include declarations and documentary evidence to be offered in support of the assertions made in the response;
(viii) May include a motion for a hearing; and
(ix) Must be made under oath, subject to penalty of perjury.
(5) Service of Response.
(a) In addition to being filed with the Court, the response must be served on the petitioner within five days of the date it is filed with the Court by providing a copy by mail or by personal service to the Tulalip Tribes’ Prosecuting Attorney.
(b) Respondent shall file proof of service with the Court no later than five days after the response has been served.
(6) Failure to Timely Respond. If a response is not filed within 30 days after the service of the petition and summons, if the response is not timely served on the Tribes’ Prosecuting Attorney, or if proof of service of the response is not timely filed with the Court, the Tribes shall file a declaration of forfeiture with the Court, and the Court shall thereupon issue an order forfeiting the property to the Tribes.
(7) Requests for an Evidentiary Hearing.
(a) Petitioner may file a motion for an evidentiary hearing at any time prior to 10 days following the filing of a response, and the Court shall not deny such a motion. The Court shall promptly issue an order granting a request for an evidentiary hearing made by the petitioner.
(b) A respondent may only request an evidentiary hearing as provided for in subsection (4) of this section. No other motion or form of request for an evidentiary hearing by a respondent is allowed. If a respondent does request an evidentiary hearing as provided for in subsection (4) of this section, the Court shall promptly issue an order granting that request.
(8) Trial by Declaration. If a response is timely filed and served, the response does not request an evidentiary hearing, and the petitioner does not file a motion for an evidentiary hearing within the time allowed in subsection (7)(a) of this section, then the matter shall be decided by a trial by declaration as set forth herein.
(a) Within 10 days of receipt of service of a response, the petitioner shall file a legal memorandum supported by a declaration presenting all the evidence petitioner intends to rely upon with the Court. Petitioner shall serve copies of its legal memorandum, declaration, and evidence on each respondent by certified mail on or before the date petitioner files them with the Court. Petitioner must file proof of service with the Court at the time it files its memorandum, declaration, and evidence.
(b) Within 10 days of receipt of service of petitioner’s legal memorandum, declaration and evidence, each respondent may file with the Court a legal memorandum supported by a declaration presenting any evidence the respondent intends to rely upon that was not filed with the response. Each respondent shall serve copies of its legal memorandum, declaration and evidence on petitioner and each of the other respondents, if any, by certified mail on or before the date respondent files them with the Court. Each respondent must file proof of service with the Court at the time it files its memorandum, declaration, and evidence.
(c) Within 10 days of receipt of service of any legal memorandum, declaration, and evidence filed by any respondent, petitioner may file a reply presenting additional legal argument, additional evidence, or both.
(d) No hearing of live witness testimony or examination, and no oral argument on the merits or on any motion, shall be allowed.
(e) The Court shall timely issue a written decision resolving all claims based exclusively on the petition, response, reply, and any legal memoranda, declarations and evidence filed in conformance with these rules.
(9) Forfeiture Hearing. If a response is timely filed and served and includes a request for an evidentiary hearing, or the petitioner timely files a request for an evidentiary hearing, the Court shall set the matter for a hearing no later than 45 days from the date the Court received the request for hearing. The hearing, including notice, service, discovery, motions, and any other procedural matters, shall be conducted according to the civil rules, except where the civil rules conflict with any provision within this chapter, including the following:
(a) No jury shall be allowed.
(b) Discovery may be had without leave of Court in regards to physical and documentary evidence, witness lists, and requests for admission.
(c) Interrogatories, depositions, and other forms of discovery shall be had only by leave of the Court.
(10) Burden of Proof. In any action brought under this section:
(a) The burden of proof is on the petitioner to establish, by a preponderance of the evidence, that the property is subject to forfeiture; and
(b) The petitioner may use evidence gathered after the filing of a petition for forfeiture to establish that the property is subject to forfeiture.
(11) Innocent Owner Defense.
(a) An innocent owner’s interest in property shall not be forfeited. The respondent shall have the burden of proving that the respondent is an innocent owner by a preponderance of the evidence.
(b) The term “innocent owner” means an owner who:
(i) Did not know of the conduct giving rise to forfeiture; or
(ii) Upon learning of the conduct giving rise to the forfeiture, did all that reasonably could be expected under the circumstances to terminate such use of the property.
(c) For the purposes of establishing an innocent owner defense, ways in which a person may show that such person did all that reasonably could be expected may include demonstrating that such person, to the extent permitted by law:
(i) Gave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or has occurred; and
(ii) In a timely fashion revoked or made a good faith attempt to revoke permission for those engaging in such conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.
(d) For the purposes of establishing an innocent owner defense, a person is not required to take steps that the person reasonably believes would be likely to subject any person (other than a person whose conduct gave rise to the forfeiture) to physical danger. [Res. 2017-382].
2.70.080 Additional authority of the Court.
Upon application of the Tribes, and findings by the Court that the Court has jurisdiction over the subject property, there is probable cause to believe the property is subject to forfeiture to the Tribes, and good cause exists to grant the relief requested in the application, the Court may enter a restraining order or injunction; require the execution of satisfactory performance bonds; create receiverships; appoint conservators, custodians, appraisers, accountants, or trustees; issue a writ of entry; or take any other action to seize, secure, maintain, or preserve the availability of property subject to civil forfeiture or protect public health, welfare, or safety. [Res. 2017-382].
2.70.090 Release of seized noncontraband property.
Noncontraband property may be released to a respondent prior to forfeiture by order of the Court.
(1) A respondent seeking release of noncontraband property must file a request for release of the property with the Court within 30 calendar days of respondent’s receipt of notice of the seizure or service of the petition for forfeiture. The request for release of noncontraband property must be served on petitioner on or before the date the request is filed with the Court, and proof of service must be filed with the request.
(2) The Court shall hold a hearing on the request for release within 14 days. Notice of the hearing shall be provided to the petitioner and every respondent.
(3) The Court shall deny the request for release if the seized property:
(a) Is contraband, currency, other monetary instrument, or electronic funds, unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized;
(b) Is to be used as evidence in any proceeding;
(c) By reason of design or other characteristic, is particularly suited for use in illegal activities;
(d) Is likely to be used to commit additional violations of the law if returned to the respondent; or
(e) Is likely to harm or prejudice the interests of another respondent claiming an ownership interest in the property.
(4) The Court shall grant a request for release of noncontraband property only if the Court expressly finds:
(a) The respondent has a possessory interest in the property;
(b) The respondent has sufficient ties to the community to provide assurance that the property will be available at any time the Court deems necessary;
(c) In the case of weapons, the person requesting release is not a threat to any known individual or to the safety or welfare of the public at large;
(d) The continued possession by the Tulalip Tribes pending the final disposition of forfeiture proceedings will cause substantial hardship to the respondent, such as preventing the functioning of a business, preventing an individual from working or attending school, preventing an individual from making a subsistence living, or leaving an individual homeless; and
(e) The respondent’s likely hardship from the continued possession by the Tribes of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is released to the respondent during the pendency of the proceeding.
(5) The Court may require the posting of a bond and impose any other condition on the release of noncontraband property that the Court determines in its discretion may be necessary to preserve and secure the property.
(6) Release of property pursuant to this section shall in no way affect the Tribes’ authority to forfeit the property under this chapter. [Res. 2017-382].
2.60.100 Special rules regarding seizure and forfeiture of real property.
(1) Except as provided in this section:
(a) Real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture; and
(b) The owners or occupants of the real property shall not be evicted from, or otherwise deprived of the use and enjoyment of, real property that is the subject of a pending forfeiture action.
(2) The filing of a lis pendens and the execution of a writ of entry for the purpose of conducting an inspection and inventory of the property shall not be considered a seizure under this section.
(3) The Tribes shall initiate a civil forfeiture action against real property by:
(a) Filing a petition for forfeiture and request for summons pursuant to TTC 2.60.070;
(b) Posting a notice of the petition on the property;
(c) Serving notice on the property owner, along with a copy of the petition and summons; and
(d) Filing a lis pendens.
(4) Service may be made by publication by posting the notice, petition and summons on the Tulalip Tribes’ official government forfeiture website for at least 30 consecutive calendar days if the property owner cannot be served with the notice under subsection (3) of this section because the owner:
(a) Is a fugitive;
(b) Resides outside the exterior boundaries of the Tulalip Reservation and efforts at service pursuant to this chapter are unavailing; or
(c) Cannot be located despite the exercise of due diligence.
(5) If real property has been posted in accordance with this subsection, it shall not be necessary for the Court to issue an arrest warrant in rem, or to take any other action to establish in rem jurisdiction over the property.
(6) Real property may be seized prior to the entry of an order of forfeiture if:
(a) The Tribes files a notice with the Court that it intends to seize the property before trial, the Tribes serves the notice as provided in this section, and the Court conducts a hearing in which the property owner has a meaningful opportunity to be heard; or
(b) The Tribes files a notice with the Court that it intends to seize the property before trial and the Court makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Tribes to seize the property without prior notice and an opportunity for the property owner to be heard.
(c) For purposes of subsection (6)(b) of this section, to establish exigent circumstances, the Tribes shall show that less restrictive measures such as a lis pendens, restraining order, or bond would not suffice to protect the Tribes’ interests in preventing the sale, destruction, or continued unlawful use of the real property.
(d) If the Court authorizes a seizure of real property under subsection (6)(b) of this section, it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure.
(e) Seizure prior to trial is only permissible if the Tribes establishes by a preponderance of the evidence that seizure is necessary to preserve the property pending final judgment.
(7) This section:
(a) Applies only to civil forfeitures of real property and interests in real property;
(b) Does not apply to forfeitures of the proceeds of the sale of such property or interests, or of money or other assets intended to be used to acquire such property or interests; and
(c) Shall not affect the authority of the Court to enter a restraining order relating to real property. [Res. 2017-382].
2.60.110 Civil fine for frivolous claim.
In any civil forfeiture proceeding in which the Tribes prevails, if the Court finds that a respondent’s or claimant’s assertion of an interest in the property was frivolous, the Court may impose a civil fine on the respondent or claimant of an amount equal to 10 percent of the value of the forfeited property, but in no event shall the fine be less than $250.00 or greater than $5,000. [Res. 2017-382].
2.60.120 Motion to set aside forfeiture.
(1) Any person entitled to written notice under this chapter who does not receive such notice may file a motion to set aside an order of forfeiture with respect to that person’s interest in the property, which motion shall be granted if:
(a) The Tribes knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice; and
(b) The moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim or response.
(2) Notwithstanding the expiration of any applicable statute of limitations, if the Court grants a motion under subsection (1) of this section, the Court shall set aside the order of forfeiture as to the interest of the moving party without prejudice to the right of the Tribes to commence a subsequent forfeiture proceeding as to the interest of the moving party.
(3) Any proceeding described in subsection (2) of this section shall be commenced within 45 days of the entry of the order granting the motion.
(4) A motion under subsection (1) of this section may be filed not later than three years after the date of final order of forfeiture.
(5) If, at the time a motion made under subsection (1) of this section is granted, the forfeited property has been disposed of by the Tribes in accordance with law, the Tribes may institute proceedings against a substitute sum of money equal to the value of the moving party’s interest in the property at the time the property was disposed of.
(6) A motion filed under this section shall be the exclusive remedy for seeking to set aside an order of forfeiture under this chapter. [Res. 2017-382].
2.60.130 Disposition of forfeited property.
(1) Whenever property is forfeited under this chapter, the Tulalip Tribes may:
(a) Retain the property for official use;
(b) Sell, by public sale or any other commercially feasible means, any forfeited property which is not required to be destroyed by law and which is not harmful to the public;
(c) Take custody of the property and dispose of it in accordance with law;
(d) If in the possession of a Tulalip Tribal entity other than the Tulalip Police Department, forward it to the Tulalip Police Department for disposition or destruction; or
(e) Transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property, or a portion thereof, to any other jurisdiction which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer:
(i) Has been agreed to by the Tribes; or
(ii) Is authorized in an agreement between the Tulalip Tribes and the other jurisdiction.
(2) The Tulalip Tribes, following compliance with TTC 2.60.060, may direct the destruction of all contraband in such manner, time, and place as the Tribes deems appropriate.
(3) The proceeds from any sale under subsection (1)(b) of this section and any monies forfeited under this chapter shall be used in the following order of priority:
(a) To pay all property expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and Court costs;
(b) To pay restitution to any victim of the offense giving rise to the forfeiture; or
(c) To be deposited for future use in any fund that may be established by the Tulalip Tribes to support law enforcement efforts or the Tulalip Tribal justice system. [Res. 2017-382].
2.60.140 Vesting of title in the Tulalip Tribes.
All right, title, and interest in property described in TTC 2.60.020 shall vest in the Tulalip Tribes upon commission of the act giving rise to forfeiture under this section, but the property shall be preserved for purposes of discovery and use by the parties in the forfeiture proceeding and any related proceedings until such time as the Court issues an order of disposition. [Res. 2017-382].
2.60.150 Stay of civil forfeiture proceedings.
(1) Upon the motion of the Tulalip Tribes, the Court shall stay the civil forfeiture proceeding if the Court determines that civil discovery will adversely affect the ability of the Tulalip Tribes to conduct a related criminal investigation or the prosecution of a related criminal case.
(2) Upon the motion of a respondent, the Court shall stay the civil forfeiture proceeding with respect to that respondent if the Court determines that:
(a) The respondent is the subject of a related criminal investigation or case;
(b) The respondent has standing to assert a claim in the civil forfeiture proceeding; and
(c) Continuation of the forfeiture proceeding will burden the right of the respondent against self-incrimination in the related investigation or case.
(3) With respect to the impact of civil discovery described in subsections (1) and (2) of this section, the Court may determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. In no case, however, shall the Court impose a protective order as an alternative to a stay if the effect of such protective order would be to allow one party to pursue discovery while the other party is substantially unable to do so.
(4) In this section, the terms “related criminal case” and “related criminal investigation” mean an actual prosecution or investigation in progress at the time at which the request for the stay, or any subsequent motion to lift the stay, is made. In determining whether a criminal case or investigation is “related” to a civil forfeiture proceeding, the Court shall consider the degree of similarity between the parties, witnesses, facts, and circumstances involved in the two proceedings, without requiring an identity with respect to any one or more factors.
(5) In requesting a stay under subsection (1) of this section, the Tulalip Tribes may, in appropriate cases, submit evidence ex parte and in camera in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial and the Court may take appropriate action.
(6) Whenever a civil forfeiture proceeding is stayed pursuant to this subsection, the Court shall enter any order necessary to preserve the value of the property or to protect the rights of lienholders or other persons with an interest in the property while the stay is in effect or make such other orders for compensation as may be required in the interests of justice.
(7) A determination by the Court that the respondent has standing to request a stay pursuant to subsection (2) of this section shall apply only to this section and shall not preclude the Tulalip Tribes from objecting to the standing of the respondent by dispositive motion or at the time of trial.
(8) Any stay issued under this subsection shall automatically expire 30 days after a final judgment is entered in the related criminal case unless a motion for continued stay pending appeal is filed. If the Court grants a continued stay pending appeal, the stay shall automatically expire 30 days following entry of a final order on the appeal. [Res. 2017-382].