BAY MILLS INDIAN COMMUNITY

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TRIBAL COURT

On order of the Court, pursuant to its authority under sec. 105 of the Tribal

Code of the Bay Mills Indian Community, the following Rule of the Bay Mills

Indian Community Tribal Court is adopted and promulgated.

Rule 105.2 CODE OF ETHICAL CONDUCT FOR JUDGES; COURT

PERSONNEL; LAWYERS AND LAY ADVOCATES

2.001

PURPOSE – The purpose of this Code is to provide for and guide the

professional conduct of judges, court clerks, magistrates and

administrators of this Court as well as lawyers and lay advocates

who practice before this Court.

2.002

DEFINITIONS – When used in this Code, unless the content

otherwise indicates:

2.101

"Attorney or Lawyer" means an individual who is a current

member of the State Bar of Michigan or some other state. The

term "attorney" is synonymous with the term "lawyer." Further,

a lawyer must be admitted to practice before this Court

pursuant to Bay Mills Community Tribal Code Section 306.

"Court" or “Tribal Court” means the Bay Mills Indian

Community Tribal Court.

"Tribe" means the Bay Mills Indian Community.

"Lay Advocate" means a person who is a non-lawyer and who

has been recognized by this Court to serve as an advocate on

behalf of a party.

"Court Personnel" means any personnel employed with the

Court including but not limited to the following: judge, clerk or

court administrator.

JUDICIAL CONDUCT – This Code applies to anyone, whether or not

a lawyer, who is an officer of the tribal judicial system and is

performing judicial functions. Also, this Code applies to both trial

and appellate tribal judges, who serve the Court on a full-time, parttime or pro tempore basis.

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2.102

INTEGRITY AND INDEPENDENCE OF TRIBAL JUDICIARY – A tribal

court judge should uphold the integrity and independence of the

tribal judiciary in that an independent and honorable tribal judiciary

is indispensable to justice in the tribal community. A judge should

participate in establishing, maintaining, and enforcing, and should

himself or herself observe, high standards of conduct so that the

integrity and independence of the judiciary may be preserved. A

judge should always be aware that the judicial system is for the

benefit of the litigant(s) and the public, not the judiciary. The

provisions of this Code (Section 2.101 through 2.110, inclusive)

should be construed and applied to further these objectives.

2.103

IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY – A tribal

court judge should avoid all impropriety and the appearance of

impropriety in all his/her activities. In addition, a tribal judge:

2.104

Should respect and comply with the law and tradition of the

Tribe and at all times should act in a manner that promotes

public confidence in the integrity and impartiality of the tribal

judiciary;

Should not allow family, social or other relationships to

influence his/her judicial conduct. S/he should not attempt to

use the prestige of his/her office to advance the private

interests of himself/herself or others, nor should s/he convey

the impression that anyone has special influence on the judge;

and

Should not appear as a witness in a court proceeding unless

subpoenaed.

PERFORMANCE OF DUTIES IMPARTIALLY AND DILIGENTLY – A

tribal court judge should perform the duties of the office impartially

and diligently. The judicial activities of a tribal judge should take

precedence over all other activities. The judicial duties of the judge

include all the duties of the office as prescribed by tribal law, custom

or tradition. In the performance of these duties, the following

standards apply:

Adjudicative Responsibilities:

A tribal court judge should adhere to the laws, customs

and traditions of the Tribe. S/he should be unswayed by

partisan interests, public clamor, political pressure, or fear

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of criticism, and should resist influences on the Court by

other tribal officials, governmental officials or any others

attempting to improperly influence the Court.

A judge should be patient, dignified and courteous to

litigants, jurors, witnesses, lawyers, lay advocates and

others with whom s/he deals in his/her official capacity

and should require similar conduct of other persons in

court proceedings and those court personnel who are

subject to the judge's direction and control.

A tribal court judge should accord to every person who is

legally interested in any proceeding, or his/her lawyer or

other representative, full right to be heard according to

tribal law and tradition, and except as authorized by law,

neither consider nor permit ex parte or other

communication with a litigant or his/her attorney or lay

advocate concerning a pending or impending proceeding

unless all parties to the proceeding are present.

A tribal court judge should maintain order in the Court.

S/he should not interfere in the proceedings except

where necessary to protect the rights of the parties.

A tribal court judge should dispose promptly of the

business of the Court.

A tribal court judge should not comment publicly on any

pending Court proceeding and should also prohibit other

court personnel from making such public comment.

However, this subsection does not prohibit a judge from

making public statements in the course of his/her official

duties or from explaining for public information the

procedures of the Court.

Administrative Responsibilities:

A judge should diligently perform his/her administrative

responsibilities with a high degree of integrity and

diligence.

A judge should require his/her staff and court officials to

observe high standards of integrity and diligence. As

such, a judge should direct his/her staff and court officials

subject to his/her control to observe high standards of

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fidelity, diligence and courtesy to litigants, jurors,

witnesses, lawyers, lay advocates and others with whom

they deal in their official capacity.

2.105

2.106

A judge should initiate appropriate disciplinary measures

against a judge, lawyer, lay advocate, or court personnel

for non-professional conduct of which the judge may

become aware.

IMPROVEMENT OF THE LEGAL SYSTEM AND THE

ADMINISTRATION OF JUSTICE – A tribal court judge may engage in

activities to improve the law, the legal system and the

administration of justice; in fact, to the extent that his/her time

permits, s/he is encouraged to do so, either independently or

through a legal/judicial association, judicial conference, or other

organization dedicated to the improvement of the law. Therefore, a

judge, subject to the proper performance of his/her judicial duties,

may engage in the following activities:

The judge may speak, write, lecture, teach and participate in

other activities concerning tribal law and custom, the legal

system of the Tribe, the administration of justice, and the law in

general;

The judge may appear at a public hearing before a tribal

executive or legislative body or official on matters concerning

the tribal legal system and the administration of justice of

general concern to tribal members, or of personal concern.

When speaking to the public, press, or others on matters other

than the administration of tribal justice, the judge shall not

identify himself/herself as the tribal judge and shall make it

clear that s/he is not speaking in his/her capacity as tribal

judge; and

The judge may serve as a member, officer, or director of an

organization or tribal governmental agency devoted to the

improvement of tribal law, its legal system or the

administration of justice. The judge may assist such an

organization in raising funds and may participate in the

management and investment of such funds. S/he may make

recommendations to public and private fund-granting agencies

on projects and programs concerning tribal law, its legal

system and the administration of justice.

EXTRA-JUDICIAL ACTIVITIES

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Avocational Activities A tribal judge may write, lecture, teach,

speak, and consult on non-legal subjects, appear before public

non-legal bodies, and engage in the arts, sports, and other

social and recreational activities, provided such avocational

activities do not detract from the dignity of his/her office or

interfere with the performance of his/her judicial duties.

Civic and Charitable Activities: A tribal judge may participate in

civic and charitable activities that do not reflect adversely

upon his/her impartiality or interfere with the performance of

his/her judicial duties. A judge may serve as an officer, director,

trustee or non-legal advisor of a bona fide educational,

religious, charitable, fraternal, or civic organization, whether

tribal or otherwise, provided that a tribal judge does not

participate if it is likely that the organization will be involved in

proceedings which would ordinarily come before him/her or

would be involved in adversarial proceedings in any tribal

court.

Financial Activities:

A tribal judge should avoid financial and business

dealings that tend to reflect adversely on his/her judicial

duties, exploit his/her judicial position, or involve him/her

in frequent business transactions with lawyers or others

likely to come before the Court on which s/he serves.

Because it is recognized that the position of tribal judge

may be a part-time position, such a tribal judge may

accept other employment and participate in the operation

of a business, legal or otherwise in nature, subject to the

following:

A part-time tribal judge should not practice law

either as a lawyer or an advocate:

in the tribal court in which he or she serves; or

ii.

in any court subject to the appellate

jurisdiction of the tribal court or council on

which he or she serves; and

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2.107

A part-time tribal judge should not act as a lawyer or

advocate in any proceeding in which he or she has

judicially served or in any related proceeding.

Neither a judge nor a member of his/her family residing in

his/her household should accept a gift, bequest, favor, or

loan from anyone if the same would affect or appear to

affect his/her impartiality.

POLITICAL ACTIVITIES

A tribal court judge should refrain from political activity

inappropriate to his/her judicial office. However, a judge or

candidate for judicial office may attend political gatherings;

speak to such gatherings on his/her own behalf or on behalf of

other judicial candidates; and/or contribute to a political party.

A tribal judge shall not be a candidate for or serve on the Tribal

Council, nor shall a tribal judge be actively involved in the

campaign of another for Tribal Council.

A candidate, including an incumbent judge, for a tribal judicial

office that is filled by tribal election or appointment:

Should maintain the dignity appropriate to the judicial

office and should refrain from any political activity which

might interfere with the performance of his/her judicial

duties. Further, a tribal court judge should encourage

members of his/her family to adhere to the same

standards of political conduct that apply to him/her;

and/or

Should not make pledges or promises of conduct in

judicial office other than the faithful and impartial

performance of the duties of the office, nor announce

his/her views on disputed legal or political issues.

2.108

CONTINUING EDUCATIONAL ACTIVITIES – A judge, regardless of

their education and experiences prior to being appointed or elected

a judge, should seek further legal and pertinent non-legal education

designed to improve their performance as a judge.

2.201

APPLICABILITY OF THIS CODE OF CONDUCT FOR COURT

PERSONNEL – This Code applies to court clerks, court magistrates,

court administrators or other similar court personnel who are

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employed within a tribal judicial system, whether such employment

is on a full-time, part-time or pro tempore basis.

2.202

INTEGRITY AND INDEPENDENCE OF COURT PERSONNEL – Court

personnel should uphold the integrity and independence of the

judiciary and of the court personnel's office in that an independent

and honorable judiciary is indispensable to justice in the tribal

community. Therefore, court personnel should observe and impart

to other court personnel high standards of conduct so that the

integrity and the independence of the judiciary may be preserved

and so that the court personnel's office may reflect a devotion to

serving the public. The provisions of this Code (Sections 2.201

through 2.206, inclusive) should be construed and applied to further

these objectives. The standards of this section shall not affect or

preclude other standards which may be promulgated by the Court.

2.203

IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY – Court

personnel should not engage in any activity which would put into

question the propriety of conduct in carrying out the duties of the

office, including but not limited to the following:

Court personnel shall not allow family, social, or other

relationships to influence official conduct or judgment. Court

personnel shall not lend the prestige of their office to advance

the interests of himself/herself or others, nor should court

personnel convey, or others be permitted to convey, the

impression that they are in a special position to influence the

court personnel;

Court personnel, as well as family member(s) who reside in the

same household as the court personnel, should not accept a

gift, bequest, favor, or loan from any person whose interests

have come, or are likely to come, before said court personnel

or from any other person under circumstances which might

reasonably be regarded as influencing the performances of the

duties of the office;

Court personnel should abstain from public comment about

pending or impending Court proceedings and should require

similar abstention on the part of other court personnel. Court

personnel should never disclose to any person any confidential

information received in the course of official business, nor

should such information be employed for personal gain;

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2.204

2.205

Court personnel should avoid favoritism, unfairness, or

nepotism in connection with the hiring, discharge, or treatment

of subordinate court staff;

Court personnel should never influence or attempt to influence

the assignment of cases, or perform any discretionary or

ministerial function of the Court in a biased manner, which

improperly favors any litigant or attorney or other

representative, nor imply that such court personnel is in a

position to do so; and/or

Court personnel should not practice law.

PERFORMANCE OF DUTIES IMPARTIALLY AND DILIGENTLY – The

official duties of court personnel take precedence over all activities.

The official duties include all the duties of the court personnel's

respective office as prescribed by law or by order of the tribal court.

In the performance of these duties, the following standards apply:

Court personnel should respect and comply with the law and

should act at all times in a manner that promotes public

confidence in the integrity and impartially of the tribal judiciary

and the respective court personnel's office; and

Court personnel should be faithful to the highest standard of

the profession and maintain professional competence in it.

Also, court personnel should be patient, dignified, courteous,

and fair to all persons whom s/he has contact with in an official

capacity such as litigants, jurors, witnesses, lawyers, lay

advocates and others, and should require similar conduct from

subordinate staff and others subject to his/her direction and

control.

IMPROVEMENT OF THE LEGAL SYSTEM AND THE

ADMINISTRATION OF JUSTICE – Court personnel, subject to the

proper performance of official duties, may engage in the following

quasi-official activities:

Court personnel may speak, write, lecture, teach and

participate in other activities concerning court management,

the legal system, and the administration of justice; and

Court personnel may promote the development of professional

organizations and foster the interchange of technical

information and experience with others in the profession. Court

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personnel should be available to the public-at-large for

speaking engagements and public appearances designed to

enhance the public's knowledge of the operation of the tribal

court system.

2.206

CONTINUING EDUCATIONAL ACTIVITIES – Court personnel,

regardless of their education and experience prior to being

appointed or elected as court personnel, should seek further legal

and pertinent non-legal education designed to improve their

performance as court personnel.

2.301

APPLICABILITY OF THIS CODE OF ETHICS FOR LAWYERS AND LAY

ADVOCATES – This Code shall apply to all persons, whether licensed

attorneys or lay advocates, who are admitted to practice before the

Court. It is recognized that attorneys who are admitted to practice

before the Court are also members of the State Bar of Michigan or

some other State and are therefore subject to discipline under the

appropriate State ethical rules. This Code is not intended to preempt

or supersede any State authority to discipline attorneys for any

conduct prohibited by this Code (Sections 2.301-2.305)

2.302

PURPOSE – This Code is adopted both as an inspirational guide to

the persons practicing before the Tribal Court and as a basis for

disciplinary action when the conduct of a person falls below the

required minimum standards stated in the rules set forth below.

2.303

CLIENT - LAWYER RELATIONSHIP – The following provisions apply

to the client-lawyer relationship:

Competence – A lawyer shall provide competent

representation to a client. A lawyer shall not:

Handle a legal matter which the lawyer knows or should

know that the lawyer is not competent to handle, without

associating with a lawyer who is competent to handle it;

Handle a legal matter without preparation adequate in the

circumstances; or

Neglect a legal matter entrusted to the lawyer.

Scope of Representation

A lawyer shall seek the lawful objectives of a client

through reasonably available means permitted by law and

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this Code. A lawyer does not violate this rule by acceding

to reasonable requests of opposing counsel which do not

prejudice the rights of the client, by being punctual in

fulfilling all professional commitments, by avoiding

offensive tactics, or by treating with courtesy and

consideration all persons involved in the legal process. A

lawyer shall abide by a client's decision whether to accept

an offer of settlement or mediation evaluation of a

matter. In a criminal case, the lawyer shall abide by the

client's decision, after consultation with the lawyer, as to

a plea to be entered, whether to waive a jury trial, and

whether the client will testify. In representing a client, a

lawyer may, where permissible, exercise professional

judgment to waive or fail to assert a right or position of

the client.

A lawyer may limit the objectives of the representation if

the client consents after consultation.

A lawyer shall not counsel a client to engage, or assist a

client, in conduct that the lawyer knows is illegal or

fraudulent, but a lawyer may discuss the legal

consequences of any proposed course of conduct with a

client and may counsel or assist a client to make a goodfaith effort to determine the validity, scope, meaning, or

application of the law.

When a lawyer knows that a client expects assistance not

permitted by this Code or other law, the lawyer shall

consult with the client regarding the relevant limitations

on the lawyer's conduct.

Diligence A lawyer shall act with reasonable diligence and

promptness in representing a client.

Communication

A lawyer shall keep a client reasonably informed about

the status of a matter and comply promptly with

reasonable requests for information. A lawyer shall notify

the client promptly of all settlement offers, mediation

evaluations, and proposed plea bargains.

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A lawyer shall explain a matter to the extent reasonably

necessary to permit the client to make informed decisions

regarding the representation.

Confidentiality of Information

"Confidence" refers to information protected by the

client-lawyer privilege under applicable law, and "secret"

refers to other information gained in the professional

relationship that the client has requested be held inviolate

or the disclosure of which would be embarrassing or

would be likely to be detrimental to the client.

Except when permitted under paragraph (3) below, a

lawyer shall not knowingly:

reveal a confidence or secret of a client;

use a confidence or secret of a client to the

disadvantage of the client; or

use a confidence or secret of a client to the

disadvantage of the lawyer or of a third person,

unless the client consents after full disclosure.

A lawyer may reveal:

confidences or secrets with the consent of the client

or clients affected, but only after full disclosure to

them;

confidences or secrets when permitted or required

by these rules, or when required by law or by court

order;

confidences and secrets to the extent reasonably

necessary to rectify the consequences of a client's

illegal or fraudulent act in the furtherance of which

the lawyer's services have been used;

the intention of a client to commit a crime and the

information necessary to prevent the crime; and

confidences or secrets necessary to establish or

collect a fee, or to defend the lawyer or the lawyer's

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employees or associates against an accusation of

wrongful conduct.

Conflict of Interest: General Rule

A lawyer shall exercise reasonable care to prevent

employees, associates, and others whose services are

utilized by the lawyer from disclosing or using

confidences or secrets of a client, except that a lawyer

may reveal the information allowed by Subparagraph (E)

(3) above through an employee.

A lawyer shall not represent a client if the representation

of that client will be directly averse to another client,

unless:

the lawyer reasonably believes the representation

will not adversely affect the relationship with the

other client; and

each client consents after consultation.

A lawyer shall not represent a client if the representation

of that client may be materially limited by the lawyer's

responsibilities to another client or to a third person, or

by the lawyer's own interest unless:

the lawyer reasonably believes the representation

will not be adversely affected; and

the client consents after consultation. When

representation of multiple clients in a single matter is

undertaken, the consultation shall include

explanation of the implications of the common

representation and the advantages and risks

involved.

Client Under a Disability

When a client’s ability to make adequately considered

decisions in connection with the representation is

impaired, whether because of minority or mental

disability or for some other reason, the lawyer shall, as far

as reasonably possible, maintain a normal client-lawyer

relationship with the client.

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A lawyer may seek the appointment of a guardian or take

other protective action with respect to a client only when

the lawyer reasonably believes that the client cannot

adequately act in the client’s own interest.

Declining or Terminating Representation

1. Except as stated in Subparagraph (3) below, a lawyer shall

not represent a client or, where representation has

commenced, shall withdraw from the representation of a

client if:

the representation will result in violation of this

Code of Ethics or other law;

the lawyer’s physical or mental condition materially

impairs the lawyer’s ability to represent the client;

the lawyer is discharged.

2. Except as stated in Subparagraph (3) below, a lawyer may

withdraw from representing a client if withdrawal can be

accomplished without material adverse effect on the

interests of the client, or if:

the client persists in a course of action involving the

lawyer’s services that the lawyer reasonably

believes is criminal or fraudulent;

the client has used the lawyer’s services to

perpetrate a crime or fraud;

the client insists upon pursing an objective that the

lawyer considers repugnant or imprudent;

the client fails substantially to fulfill an obligation to

the lawyer regarding the lawyer’s services and has

been given reasonable warning that the lawyer will

withdraw unless the obligation is fulfilled;

the representation will result in an unreasonable

financial burden on the lawyer or has been rendered

unreasonably difficult by the client; or

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f. other good cause for withdrawal exists.

3. When ordered to do so by this Court, a lawyer shall

continue representation notwithstanding good cause for

terminating the representation.

4. Upon termination of representation, a lawyer should take

reasonable steps to protect a client’s interests, such as

giving reasonable notice to the client, allowing time for

employment of other counsel, surrendering papers and

property to which the client is entitled, and refunding any

advance payment of fee that has not been earned. The

lawyer may retain papers relating to the client to the extent

permitted by law.

2.304

ADVOCATE – The following provisions shall apply when a lawyer

serves in the role of advocate:

Meritorious Claims and Contentions – A lawyer shall not bring

or defend a proceeding, or assert or controvert an issue

therein, unless there is a basis for doing so that is not frivolous.

A lawyer may offer a good-faith argument for an extension,

modification, or reversal of existing law. A lawyer for the

defendant in a criminal proceeding, or the respondent in a

proceeding that could result in incarceration, may so defend

the proceeding as to require that every element of the case be

established.

Expediting Litigation – A lawyer shall make reasonable efforts

to expedite litigation consistent with the interests of the client.

Candor Toward the Tribunal

A lawyer shall not knowingly:

make a false statement of material fact or law to this

Court;

fail to disclose a material fact to this Court when

disclosure is necessary to avoid assisting a criminal

or fraudulent act by the client;

fail to disclose to this Court controlling legal

authority in the jurisdiction known to the lawyer to

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be directly averse to the position of the client and

not disclosed by opposing counsel; or

offer evidence that the lawyer knows to be false. If a

lawyer has offered material evidence and comes to

know of its falsity, the lawyer shall take reasonable

remedial measures.

The duties stated in subparagraph (C) (1) above continue

to the conclusion of the proceeding and apply even if

compliance requires disclosure of information otherwise

protected by Subparagraph 2.303(F).

A lawyer may refuse to offer evidence that the lawyer

reasonably believes is false.

In an ex parte proceeding, a lawyer shall inform this Court

of all material facts that are known to the lawyer and that

will enable this Court to make an informed decision,

whether or not the facts are adverse.

Fairness to Opposing Party and Counsel – A lawyer shall not:

unlawfully obstruct another party's access to evidence;

unlawfully alter, destroy, or conceal a document or other

material having potential evidentiary value; or counsel or

assist another person to do any such act;

falsify evidence, counsel or assist a witness to testify

falsely, or offer an inducement to a witness that is

prohibited by law;

knowingly disobey an obligation under the rules of this

Court except for an open refusal based on an assertion

that no valid obligation exists;

in pretrial procedure, make a frivolous discovery request

or fail to make reasonably diligent efforts to comply with

a legally proper discovery request by an opposing party;

during trial, allude to any matter that the lawyer does not

reasonably believe is relevant or that will not be

supported by admissible evidence, assert personal

knowledge of facts in issue except when testifying as a

witness, or state a personal opinion as to the justness of a

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cause, the credibility of a witness, the culpability of a civil

litigant, or the guilt or innocence of an accused; or

request a person other than a client to refrain from

voluntarily giving relevant information to another party,

unless:

the person is a relative or an employee or other

agent of a client; and

the lawyer reasonably believes that the person's

interest will not be adversely affected by refraining

from giving such information.

Impartiality and Decorum of the Tribunal – A lawyer shall not:

seek to influence a judge, juror, prospective juror, or

other official by means prohibited by law;

communicate ex parte with such a person concerning a

pending matter, except as permitted by law; or

engage in undignified or discourteous conduct toward the

tribunal.

Trial Publicity – A lawyer shall not make an extrajudicial

statement that a reasonable person would expect to be

disseminated by means of public communication if the lawyer

knows or reasonably should know that it will have substantial

likelihood of materially prejudicing an adjudicative proceeding.

Lawyer as Witness

A lawyer shall not act as advocate at a trial in which the

lawyer is likely to be a necessary witness except where:

the testimony relates to an uncontested issue;

the testimony relates to the nature and value of legal

services rendered in the case; or

disqualification of the lawyer would work substantial

hardship on the client.

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A lawyer may act as advocate in a trial in which another

lawyer in the lawyer's firm is likely to be called as a

witness unless precluded from doing so by

Subparagraphs 2.304(G).

2.305 SPECIAL RESPONSIBILITIES OF A PROSECUTOR – The prosecutor in

a criminal case shall:

Refrain from prosecuting a charge that the prosecutor knows is

not supported by probable cause;

Make reasonable efforts to assure that the accused has been

advised of the right to, and the procedure for obtaining counsel

and has been given reasonable opportunity to obtain counsel

as permitted by the Indian Civil Rights Act [25 U.S.C. Section

1302];

Not seek to obtain from an unrepresented accused a waiver of

important pretrial rights;

Make timely disclosure to the defense of all evidence or

information known to the prosecutor that tends to negate the

guilt of the accused or mitigates the degree of the offense, and,

in connection with sentencing, disclose to the defense and to

this Court all underprivileged mitigating information known to

the prosecutor, except when the prosecutor is relieved of this

responsibility by a protective order of this Court; and

Exercise reasonable care to prevent investigators, law

enforcement personnel, employees, or other persons assisting

or associated with the prosecutor in a criminal case from

making an extrajudicial statement that the prosecutor would be

prohibited from making under Subparagraph 2.305(F) or

2.305(H).

Trial publicity – A tribal prosecutor participating in or

associated with the investigation of a criminal matter may not

make or participate in making any extrajudicial statement that

a reasonable person would expect to be disseminated by

means of public communication and that does more than state

without elaboration:

1. Information contained in a public record;

2. That the investigation is in progress;

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3. The general scope of the investigation including a

description of the offense, and if permitted by law, the

identity of the victim;

4. A request for assistance in apprehending a suspect or

assistance in other matters and the information necessary to

the request for assistance; or

5. A warning to the public of any dangers.

Restrictions

1. No tribal prosecutor may receive any fee or reward from or

on behalf of any victim or other individual for services in

any prosecution or business which it is the tribal

prosecutor’s official duty to attend.

2. No tribal prosecutor may be concerned as attorney or

counsel for either party, other than the Tribe, in any civil

action depending upon the same state of facts upon which

any prosecution commenced by the prosecutor is based.

3. No tribal prosecutor while in office is eligible for or may

hold any judicial office.

4. No person who acted a tribal prosecutor at the time of the

citation issuance, arrest, or bringing of charges against any

person by the Tribe may thereafter appear for or defend

that person against the charges.

Refraining from Criticism – Tribal prosecutors shall refrain from

public and private criticism of other officers of the Court

except as set out in these rules as being their responsibility.

Tribal prosecutors shall not engage in discussions whose sole

purpose or main thrust shall be the criticism of any officers of

the Court, i.e., judges, lay advocates, attorneys, or law

enforcement officers, in public or in private, except that

constructive criticism designed to improve the performance of

the individual may be given in a kind manner. Said constructive

criticism should only be delivered in a forum conducive to the

purpose of the constructive criticism.

Independent Decision-Making – Tribal prosecutors have a duty

to not be frightened or dissuaded from making difficult or

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unpopular decisions. Tribal prosecutors have a responsibility to

study the applicable law and factors. They must not be

influenced in making these decisions by the fear of their being

unpopular politically or from the threat of community or

personal reprisal. They must not be influenced by threatening

community or family anger. Their decisions should never be

reactive to non-admissible influences, rather they should act

based on their opinion as formed by the applicable facts and

law of each case.

Political Activities

1. The political activity of a tribal prosecutor shall be

consistent with the support of the community’s jurisdictional

rights. Tribal prosecutors will refrain from all political

activities or actions which could be interpreted in the

community as supporting any political position except that

the tribal community has the right and the responsibility to

govern its own members and its own territory. All actions

should be consistent with this belief and supportive of this

community standard.

2. This prohibition does not mean that tribal prosecutors

cannot, if they choose, engage in activities of electoral

politics at the local, state, national or tribal level. This

prohibition is specific as to politics adversely affecting the

jurisdictional rights of the tribal community.

Avocational and Financial Activities

Avocational – A tribal prosecutor may write, lecture, teach

and speak on any subject, and engage in the arts, sports,

and other social and recreational activities of the Tribe, if

those activities do not interfere with the performance of

his or her duties. A tribal prosecutor may participate on

tribal committees and in any tribal educational, religious,

charitable or similar organization.

Financial

A tribal prosecutor shall avoid financial and business

dealings that tend to reflect adversely on his or her

impartiality, interfere with the performance of his or

her prosecutorial duties, exploit the prosecutor's

position, or involve him or her in frequent transactions

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with lawyers and others likely to be involved in the

opposing side in tribal court cases. The tribal

prosecutor may, however, hold other employment or

participate in the operation of a business.

Neither the tribal prosecutor nor any member of his or

her family or household shall accept a gift, bequest,

favor, or loan from anyone which would affect or

appear to affect his or her impartiality in prosecutorial

duties, or on the prosecutor's appearance of fairness.

Disqualification – A tribal prosecutor shall disqualify

himself or herself from acting as prosecutor in any

proceeding in which his or her impartiality might

reasonably be questioned, including instances where:

The tribal prosecutor has a personal bias or prejudice

concerning a party or personal knowledge of disputed

evidentiary facts;

The tribal prosecutor served as lawyer, advocate, or

personal representative in the matter before the Court,

or a person with whom the tribal prosecutor has been

associated in a professional capacity served as a

lawyer, advocate or personal representative

concerning the matter;

The tribal prosecutor knows that he or she individually

or a member of his or her family or household, has a

financial interest in the subject matter in controversy

or is a party to the proceeding, or has any other

interest that could be substantially affected by the

proceedings; or

The tribal prosecutor, or a member of his or her family

or household:

is a party to the proceeding, or an officer,

director, or trustee of a party;

is acting as a lawyer or lay advocate in the

proceeding; or

is to the tribal prosecutor's knowledge likely to

be a material witness in the proceeding.

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2.401

ENFORCEMENT OF ETHICAL CODES; DEFINITIONS

"Complainant” means the person who files the request for

investigation.

"Investigation" means fact-finding on alleged misconduct.

"Respondent" means an attorney, lay advocate, judge or other

court personnel named in the request for investigation or

complaint.

"Request for Investigation” means a written complaint against

the conduct of a person subject to this Rule.

2.402

JURISDICTION OVER COMPLAINTS AGAINST JUDGES – Any request

for investigation concerning a judge shall be referred to the

Executive Council for consideration of removal proceedings under

sec. 104(C) of the Tribal code.

2.403

JURISDICTION OVER COMPLAINTS AGAINST COURT PERSONNEL –

Any request for investigation concerning a person employed by the

Tribe to fill a position covered by this Code shall be referred to the

person’s appropriate supervisor for action under the Tribe’s

Personnel Policies and Procedures.

2.404

JURISDICTION OVER COMPLAINTS AGAINST ATTORNEYS AND

LAY ADVOCATES – Any request for investigation concerning an

attorney or lay advocate admitted to practice in the Bay Mills Indian

Community Tribal Court shall be referred to the Chief Judge of the

Tribal Court. The Chief Judge may conduct the investigation or

assign the matter to an Associate Judge.

2.405

CONTENTS OF REQUEST FOR INVESTIGATION – A request for

investigation must be in writing, describe the alleged misconduct,

including the approximate time and place of it, and be signed and

dated by the complainant. The complainant shall file two (2) copies,

one of which shall be furnished to the respondent.

2.406

REVIEW OF INVESTIGATION REQUEST BY THE COURT – The Court

shall conduct an in-camera review of the request for investigation,

and shall determine whether the request specifies facts which, if

proved, would constitute a violation of this Code. If the Court

determines that no violation is apparent from the facts alleged, the

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complainant shall be informed that the matter is dismissed. If the

Court determines that a violation may have occurred, it shall direct

that the respondent be provided a copy of the request and set the

matter for hearing.

2.407

HEARING BY TRIBAL COURT – An evidentiary hearing concerning

the alleged misconduct shall be conducted under the provisions of

Chapters III and IV of the Tribal Code. Both complainant and

respondent may appear in person, present testimony of witnesses,

produce documents, and make argument. At the conclusion of the

hearing, the Court shall issue a written decision within 30 days.

2.408

DISPOSITION OF COMPLAINT – The Court shall include in its

decision one of the followings:

Dismissal of the complaint on the grounds that no misconduct

was proven to have occurred.

Determination of misconduct having been proven, and

imposition of one of the following penalties:

1. Admonish respondent;

2. Issue a reprimand;

3. Place respondent on probation for a specific period of time;

4. Revoke respondent’s authorization to practice before the

Tribal Court; or

5. Require respondent, when applicable, to make restitution in

an appropriate amount.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.