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to Table of Contents Chitimacha
Comprehensive Codes of Justice and Chitimacha Indian Tribal Court "Rules
of Court"
[Last Amended: April 15, 2003.] Originally Adopted by the Chitimacha Tribal Council, Chitimacha Tribe of Louisiana, December 5, 1989, Effective August 14, 1990; Rules of Court - 1990 TITLE I - COURTS
Sec. 101. Establishment of Tribal Court. There is hereby established a Tribal Court of general jurisdiction as a court of record.
There shall be a Tribal Court consisting of a Chief Judge, who shall be appointed by the Tribal Council. In the event that the Chief Judge is unable for any reason to hear a case, the Council shall appoint a Special Judge to serve in his or her stead.
The Court shall keep a record of all proceedings of the Court, showing the title of the case, the names and addresses of the parties, attorneys, lay counselors and witnesses; the substance of the complaint; the dates of all hearings or trials; the name of the judge; the findings of the Court or verdict of the jury and judgment; the preservation of testimony for perpetual memory by electronic recording, or otherwise; together with any other facts or circumstances deemed of importance to the case. A record of all proceedings leading to incarceration shall be submitted to the Area Director, to be made a part of the records of the Eastern Area Office as required by 25 U.S.C. 200. Unless specifically excepted by this Code, the records of the Court shall be public.
The Chief Judge may prescribe written rules of court, consistent with the provisions of this Code, including rules establishing the time and place of court sessions. The rules shall be approved by the Tribal Council before becoming effective.
The Court may request and utilize social service, health, education or other professional services of tribal employees as requested, and of federal employees as authorized by the Secretary of the Interior or his authorized representative.
The Court shall have jurisdiction overall offenses by an Indian committed within the boundaries of the Chitimacha Indian Reservation against the law of the Tribe as established by duly enacted ordinances of the Tribal Council.
The Court shall have jurisdiction over any action where, (a)
(b)
(Revised by Ordinance #2-99;Adopted:October 21,1999;Effective:October 21,1999)
In a case where it otherwise has jurisdiction, the Court may exercise personal jurisdiction over any person who does not reside on the Chitimacha Reservation if such person, personally or through an agent: (a) transacts any business on the Reservation, or contracts or agrees anywhere to supply goods or services to persons or corporations on the Reservation; or (b) commits an act on the Reservation that causes injury.
Notwithstanding any other provision of this Code, the Tribal Court shall have jurisdiction of all civil actions commenced by the Chitimacha Tribe, or by any agency or officer thereof expressly authorized to file suit by the Tribal Council.
The Tribe shall be immune from suit. Nothing in the Code shall be construed as consent of the Tribe to be sued.
In a Civil tort action for monetary compensation, the maximum allowable judgment that may be entered against the Tribe, or a corporation or entity owned in whole or in part by the Tribe, shall be $500,000.00. (Revised by Ordinance #1-95 ; Adopted: January 12,1995 ;Effective: January 12,1995)
Sec. 201. Creation of Court of Appeals. There is hereby created a Tribal Court of Appeals.
The jurisdiction of the Court of Appeals shall extend to all appeals from final orders and judgments of the Tribal Court. The Court of Appeals shall review all determinations of the Tribal Court on matters of law, but shall not set aside any factual determinations of the Tribal Court if such determinations are supported by substantial evidence. (Revised by Ordinance #2-93; Adopted: May 10,1993; Effective: May 10, 1993)
From time to time as the need arises the Tribal Council shall appoint a Chief Judge and two Associate Judges, none of whom shall be Judges of the Tribal Court. Appointment shall be a two-thirds vote, taken by secret ballot, of those members present at a meeting of the Tribal Council at which a quorum is present. The Council shall set the term of each appointment and the compensation of each Judge.
The Court of Appeals shall keep a record of all proceedings of the Court, showing the title of the case, the name and addresses of all parties and attorneys, the briefs, the date of any oral argument, the names of the Judges who heard and decided the case, and the judgment, together with any other facts and circumstances deemed of importance to the case. A record of all proceedings leading to incarceration shall be submitted to the Area Director of the Eastern Area Office, to be made a part of the records of the Office as required by 25 U.S.C. Subsection 200. Unless specifically excepted by this Code or rule of Court, all decisions and opinions of the Court shall be published in a format that shall be available to the public at the Tribal Office.
(a) Criminal cases. The defendant in a criminal case shall have an appeal as of right from a judgment of conviction. The Tribe shall have no right of appeal from a jury verdict of "not guilty" in criminal cases, but shall have a right of appeal from a judgment of "not guilty" rendered by the Tribal Court without a jury. Appeals in criminal cases shall be taken as provided in Section 206. (b) Civil cases. Any party who is aggrieved by a final order or judgment of the Tribal Court may file a petition requesting the Court of Appeals to review that order or judgment as provided in Section 207.
(a) Time to appeal and how to appeal. Any appeal must be taken within (15) fifteen days from the judgment appealed from by filing a written notice of appeal with the Clerk of the Tribal Court. No extension of the 15 (fifteen) day period shall be granted. Upon request, the Clerk of the Tribal Court shall prepare the notice of appeal. (b) Notice of appeal. The notice of appeal shall specify the part or parties taking the appeal, shall designate the judgment, or part thereof appealed from, and shall contain a short statement of reasons for the appeal. The Clerk shall mail a copy of the notice of appeal to all parties other than parties taking the appeal. (c) Release on bond pending appeal. In criminal cases the defendant may be continued on release or be released on bail. The appellant may petition the Court of Appeals, or Chief Judge thereof, to review any decision of the Tribal Court taken under this Section.
(a) Time to petition and how to petition. A party to a civil case may petition for review. The petition for review must be taken within fifteen (15) days from the date of entry of the final order or judgment appealed from by filing such petition with the Clerk of the Tribal Court together with the docket fee and any bond required pursuant to this section. No extensions of the fifteen (15) day period shall be granted. (b) Contents of petition for review. The petition for review shall specify the parties taking the appeal, shall designate the final order or judgment, or part appealed from, and shall contain a short statement why the petition should be granted. The Clerk shall mail a copy of the petition for review to all parties other than the petitioner. Other parties shall have 15 days to respond to the petition for review, after which time the Court of Appeals, through it's Chief Judge or designated Associate Judge, after consideration of the petition for review and the record thereof, shall grant the petition and allow the appeal to be heard, or shall deny the petition. (c) Docket fee and bond. The petition for review shall be accompanied by a docket fee and a bond to be set by the Court. (d) Stay on appeal. In civil cases the petitioner may request the Tribal Court to stay the judgment pending action on the petition and on the appeal if the petition is granted, and either party may request the Tribal Court to grant or stay an injunction pending appeal. The Court may condition a stay or injunction pending appeal on the depositing of cash or bond satisfactory to the Tribal Court. The appellant's bond shall be sufficient to cover the damages awarded by the Tribal Court together with interest. The cash or bond may be deposited at or after the time petition is filed. The stay shall be effective when the deposit of cash or bond is approved by the Tribal Court. The appellant may petition the Court of Appeals to review any decision of the Tribal Court under this Section. (Revised by Ordinance # 6-95 ; Adopted: August 31,1995; Effective: August 31, 1995; Revised by Ordinance #1-98 ; Adopted: June 18,1998; Effective: June 18, 1998 )
Any surety to a bond thereby submits himself to the jurisdiction of the Tribal Court, and irrevocably appoints the Clerk of the Court as his agent upon whom any papers affecting his liability on the bond may be served. The liability of a surety may be enforced on motion without the necessity of an independent action. The motion and such notice of motion as the Court prescribes may be served on the Clerk of the Court who shall forthwith mail copies to the surety at his last known address.
Within five days after a notice of appeal is filed in a criminal case or a petition for review is filed in a civil case, the Clerk of the Tribal Court shall certify and file with the Court of Appeals all papers comprising the record of the case.
Within 30 days after the notice of appeal is filed, or a petition for review is granted, or within such other time as the Court allows, the appellant may file a written brief, memorandum or statement in support of his appeal. An original and one copy for each appellee shall be filed with the Clerk who shall mail one copy, registered or certified mail, return receipt requested, to each appellee. The return receipt shall then be filed with the Clerk. The appellee shall have 15 days after receipt of the appellant's brief, memorandum or statement, or such other time as the Court of Appeals allows, within which to file an answer brief, memorandum or statement if he desires. An original and one copy for each appellant shall be filed with the Clerk who shall mail one copy, registered or certified mail, return receipt requested, to each appellant. The return receipt shall be filed with the Clerk. No further briefs, memoranda or statements shall be allowed, without leave of Court.
The Court of Appeals shall assign all criminal cases for oral argument. The Court may in its discretion assign civil cases for oral argument or may dispose of civil cases on the briefs without argument. CHAPTER 3. JUDGES Sec. 301. Term. The Chief Judge of the Tribal Court shall hold office for a term of four (4) years and shall be eligible for reappointment. A Special Judge may be appointed on a temporary basis on such terms and conditions as the Tribal Court shall establish in making the appointment. A person appointed to fill an existing vacancy created by the death, resignation, or removal for cause of a Chief Judge shall be appointed initially only for the unexpired portion of the term for which the appointment is made, and shall be eligible for reappointment.
The Chief Judge and all special Judges of the Tribal Court shall be appointed by the Tribal Council, by a two-thirds vote, taken by secret ballot, of those members present at a meeting of the Tribal Council at which a quorum is present.
To be eligible to serve as a Judge, a person must be twenty-five years of age or older, be of good moral character and integrity, possess a high school diploma or its equivalency, be capable of carrying out the duties of office and never have been convicted of a felony offense.
The Chief Judge of the Tribal Court and any special Judges shall be paid a salary to be determined by the Tribal Council. The salary of any Judge shall not be reduced during his or her term of office. The Chief Judge shall be bonded in the amount of five thousand dollars ($5,000.00) as an authorized collector of fines, fees, and costs for the Tribal Court.
(a) Upon written charges of specific misconduct, or physical or medical inability to carry out the duties of office, made by any member of the Tribal Council and adopted by a majority vote of a meeting of the Tribal Council, and adopted by a majority vote of a meeting of the Tribal Council at which a quorum is present, the Council shall initiate proceedings to remove a Judge from office. Misconduct as used in this section shall mean:
(b) The Tribal Council by a majority vote at a meeting at which a quorum is present may direct that a Judge shall be suspended from duty for not to exceed 20 days between the time charges are authorized and the date of hearing the charges. The Tribal Council may appoint a special Judge to assume the Judge's duties pending the final decision by the Tribal Council on the charges. (c) A Judge subject to charges shall be given at least ten days advance notice in writing of a hearing for the purpose of removal, and notice that he or she is entitled to have representation. The written notice shall include an itemization of the charges and grounds for removal which are to be considered. Such notice shall be served by registered or certified mail, or be delivered personally to the Judge. (d) The Judge shall be given an opportunity to present witnesses and documentary evidence, to make oral and/or written argument on his or her behalf, to cross-examine all other witnesses at the hearing, and to be represented by counsel at his or her own expense. (e) Removal shall be by an affirmative vote by secret ballot of two thirds (2/3) of the members of the Tribal Council present at a valid meeting called for. The purpose of considering such removal, after a hearing. The decision by the Tribal Council to remove a Judge shall be final.
A Judge
shall disqualify himself or herself in any proceeding in which his or
her impartiality -m- might reasonably be questioned, in which he or
she has any personal bias or prejudice concerning any party, in which
he or she or a member of his or her immediate family might be a witness,
has any interest, or has any personal knowledge of any disputed evidentiary
facts concerning the proceeding, or has acted or is acting as a lawyer
or lay counselor in the proceeding, or in which he or she might otherwise
appear to be biased or prejudiced. As used in this section, immediate
family shall include spouses, grandparents, parents, children, grandchildren,
brothers, sisters and in-laws. Sec. 401. Office of Clerk. The Tribal Council shall appoint a Clerk of Court to be compensated at a rate fixed by the Tribal Council. The Clerk shall be bonded, and shall be subject to discharge with or without cause by the Tribal Council.
To be eligible to serve as Clerk of Court, a person;
The Clerk shall render assistance to the courts, to the authorized law enforcement officers of the Reservation, and the Indians of the Reservation, in drafting complaints, subpoenas, warrants, (notices of appeal), and any other documents incidental to the lawful functions of the court. The Clerk shall attend, and keep written records of, all proceedings of the court, administer oaths and collect fines, costs, fees and other money. The Clerk shall be bonded and shall account to the Tribe for all money collected. CHAPTER 5. ATTORNEYS AND LAY COUNSELORS Sec. 501. Qualifications for admissions as attorney or lay counselor. (a) Attorneys. No person may practice as an attorney before the Tribal Court or Court of Appeals unless admitted to practice and enrolled as an attorney of the Tribal Court upon written application and approval of the Chief Judge. To be eligible to practice as an attorney before the Tribal Court, a person;
(b) Lay counselors. Any person who meets the qualifications established in this Section shall be eligible for admission to practices before the Court as a lay counselor upon written application and approval of the Chief Judge. To be eligible to serve as a lay counselor, a person;
(Added by Ordinance # 3-90; Adopted: November 7, 1990; Effective: March 13,1992)
A roll of attorneys and lay counselors admitted to practice before the Court shall be maintained by the clerk of court. (Added by Ordinance # 3-90; Adopted: November ?, 1990; Effective: March 13,1992)
Any person at his/her own expense may have assistance of counsel in any proceeding before the Tribal Court. (Added by Ordinance # 3-90; Adopted: November 7, 1990; Effective: March 13,1992)
(a) The Tribal Court or the Court of Appeals may disbar an attorney or lay counselor from practice before the courts, or impose suspension from practice for such time as the Court deems appropriate, pursuant to rules adopted by the Court, provided that the Court shall give such attorney or lay counselor reasonable prior notice of the charges against him/her and an opportunity to respond to them. (b) Any person who is disbarred or suspended by the Tribal Court may appeal that determination to the Chitimacha Court of Appeals within fifteen (15) days of the disbarment or suspension. The Chitimacha Court of Appeals shall request a statement of the reasons for the disbarment or suspension from the Chief Judge, and after receiving such statement shall review the record which was before the Tribal Court and may, in its discretion, hear oral argument by the applicant. The Court of Appeals shall determine whether the applicant shall be disbarred or suspended and its determination shall be final. (c) Any person who is disbarred or suspended by a judge of the Court of Appeals may appeal that determination to the Chitimacha Court of Appeals within fifteen (15) days of the disbarment or suspension. The appeal shall be determined by those judges of the Court not involved in the initial determination. The Court shall request a statement of the reasons for the disbarment or suspension from the judge who took the initial action, and after receiving such statement shall review the record which was before the judge and may, in its discretion, hear oral argument by the applicant. The Court of Appeals shall determine whether the applicant shall be disbarred or suspended and its determination shall be final. (d) Any person who has been disbarred or suspended for an excess of one (1) year from the practice of law before the Chitimacha Courts may reapply for admission before the Chitimacha Tribal Court. The person must submit a statement of reasons for the disbarment or suspension, and the reasons for readmission. After receiving such statement, the Court shall determine whether there is good cause for the applicant to be readmitted to practice before the Chitimacha Courts. If the applicant for readmission is denied by the Judge, the applicant may appeal such decision to the Chitimacha Court of Appeals within ten (10) working days from receipt of such denial in writing. The decision of the Court of Appeals shall be final. (Added by Ordinance # 3-90; Adopted: November 7, 1990; Effective: March 13,1992) Back to Top |