BAY MILLS INDIAN COMMUNITY

BAY MILLS INDIAN COMMUNITY

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 promulagated.

Rule 105.2. CODE OF ETHICAL CONDUCT FOR JUDGES; COURT PERSONNEL;

2.001

2.002

2.1091

2.102

LAWYERS AND LAY ADVOCATES

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.

Definitions. When used in this Code, unless the content otherwise indicates:

(A) "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.

(B) "Court" or “Tribal Court” means the Bay Mills Indian Community Tribal Court.

(C) "Tribe" means the Bay Mills Indian Community.

(D) "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.

(E) "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 fulltime, part-time or pro tempore basis.

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.

Pace 1 af 19

2.103

2.104

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:

(A) Shouid 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;

(B) 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

(C) 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:

(A) Adjudicative Responsibilities:

(1)

(3)

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 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.

Pace 2 af 19

2.105

A tribal court judge should maintain order in the Court. S/he should not

interfere in the proceedings except where necessary to protect the nights

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.

(B) Administrative Responsibilities:

(1)

(2)

A judge should diligently perform his/her admmistrative 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 fidelity, diligence and courtesy to litigants, jurors,

witnesses, lawyers, lay advocates and others with whom they deal in

their official capacity.

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 Svstem 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, etther 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:

(A) 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;

(B) The judge may appear at a public hearing before a tribal executive or legislative

™

body ot official Gn maliers concerning ite tribal iegal system aud ite

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

Pace 2 af19

2.106

(C)

administration of tribal justice, the judge shall not identify himself/herself as the

tribal judge and shall make it clear that s/he 1s 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.

(A)

(B)

(C)

Avocationai 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:

(1) 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 parttime 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:

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(a) A part-time tribal judge should not practice law either as a lawyer

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(i) in the tribal court in which he or she serves, or

Pace 4 nf 19

2.107

2.108

2.201

(11) in any court subject to the appellate jurisdiction of the tribal

court or council on which he or she serves; and

(b) A part-time tribal judge should not act as a lawyer or advocate in

any proceeding in which he or she has judiciaily served or in any

related proceeding.

(3) Nether 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) A tribai 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.

(B) 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,

(C) Acandidate, including an incumbent judge, for a tribal judicial office that is

filled by tribal election or appointment:

(1) 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

(2) 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.

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.

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 employed within a tribal judicial system, whether such employment ts on a

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2.202

2.203

Integrity and Independence of Court Personnel. Court personnel should uphold the

integrity and independence of the judiciary and of the court personnels 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.

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:

(A) 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;

(B) 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;

(C) 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;

(D} Court personnel should avoid favoritism, unfairness, or nepotism im connection

with the hiring, discharge, or treatment of subordinate court staff,

(FE) 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

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2.204

2.205

2.206

2.301

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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:

A

) Court personnel should respect and comply with the law and shouid act at ail

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

(

(B) 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:

(A) Court personnel may speak, write, lecture, teach and participate in other

activities concerning court management, the legal system, and the

administration of justice; and

(B) Court personnel may promote the development of professional organizations

and foster the interchange of technical information and experience with others

in the profession. Court 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.

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.

Applicability of this Code of Ethies for Lawvers and Lay Advocates. This Code

shall apply to all persons, whether licensed attorneys or lay advocates, who are

admitted to practice before the Court. [t 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)

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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

Pasa 7 nf 19

2.303 Client - Lawyer Relationship. The following provisions apply to the client-lawyer

relationship:

(A)

(B)

Competence. A lawyer shall provide competent representation to a cent. A

lawyer shall not:

(1)

bo

(2)

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.

of Representation.

(4)

A lawyer shall seek the lawful objectives of a client through reasonably

available means permitted by law and 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. Ina

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 good-faith 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

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(C)

(D)

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Diligence. A lawyer shall act with reasonable diligence and promptness in

representing a client.

Communication.

(2)

A lawyer shali keep a chent reasonably informed about the status of a

matier 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.

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.

(1)

(2)

"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:

(a) reveal a confidence or secret of a client;

(b) use aconfidence or secret of a client to the disadvantage of the

client; or

(c) use a confidence or secret ofa client to the disadvantage of the

lawyer or of a third person, unless the client consents after full

disclosure.

(a) confidences or secrets with the consent of the client or clients

affected, but only after full disclosure to them;

(b) confidences or secrets when permitted or required by these rules,

or when required by law or by court order;

(c) confidences and secrets to the extent reasonably necessary to

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furtherance of which the lawyer's services have been used:

Pace 9 af 19

(F)

(G)

(4)

(d) the intention of a client to commit a crime and the information

necessary to prevent the crime; and

(e) confidences or secrets necessary to establish or collect a fee, or to

defend the lawyer or the lawyer's employees or associates against

an accusation of wrongful conduct.

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.

Conflict of Interest: General Rule.

(1)

(2)

A lawyer shall not represent a client if the representation of that client

will be directly adverse to another client, unless:

(a) the lawyer reasonably believes the representation will not

adversely affect the relationship with the other client; and

(b) 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:

(a) the lawyer reasonably believes the representation will not be

adversely affected; and

(b) 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.

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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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protective action with respect to a client only when the lawyer

Pace 19 nf 19

reasonably believes that the client cannot adequately act in the client’s

own interest.

(H) Declining or Terminating Representation.

(i) Except as stated in Subparagraph (3) beiow, a lawyer shall not represent

a client or, where representation has commenced, shall withdraw from

the representation of a client if:

(a) the representation will result in violation of this Code of Ethics or

other law;

(b) the lawyer’s physical or mental condition materially impairs the

lawyer’s ability to represent the client; or

(c) 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:

(a) the client persists in a course of action involving the lawyer’s

services that the lawyer reasonably believes is criminal or

fraudulent;

(b) the client has used the lawyer’s services to perpetrate a crime or

fraud;

(c) the client insists upon pursing an objective that the lawyer

considers repugnant or imprudent;

(d) 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:

(ce) the representation will result in an unreasonable financial burden

on the lawyer or has been rendered unreasonably difficult by the

client; or

(f) other good cause for withdrawal exists.

(3) When ordered to do so by this Court, a lawyer shall continue

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representation.

Pace 11 af 19

2.304

(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.

Advocate, The following provisions shall apply when a lawyer serves in the role of

advocate:

(A) 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 resuit in

incarceration, may so defend the proceeding as to require that every element of

the case be established.

(B) Expediting Litigation. A lawyer shall make reasonable efforts to expedite

litigation consistent with the interests of the client.

(C) Candor Toward the Tribunal.

(1) A lawyer shall not knowingly:

(a) make a false statement of material fact or law to this Court;

(b) fail to disclose a material fact to this Court when disclosure is

necessary to avoid assisting a criminal or fraudulent act by the

client;

(c) fail to disclose to this Court controlling legal authority in the

jurisdiction known to the lawyer to be directly adverse to the

position of the chent and not disclosed by opposing counsel; or

(d) offer evidence that the lawyer knows to be false. If a lawyer has

offered material evidence and comes to know of its falsity, the

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lawyer shall take reasonable remedial measures.

(2) 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).

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(4) Inan ex parte proceeding, a lawyer shall inform this Court of all maternal

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.

(D) Fairness to Opposing Party and Counsel. A lawyer shall not:

(1) unlawfully obstruct another party's access to evidence; unlawtully alter,

destroy, or conceal a document or other material having potential

evidentiary value; or counsel or assist another person to do any such act;

(2) falsify evidence, counsel or assist a witness to testify falsely, or offer an

inducement to a witness that is prohibited by law;

(3) knowingly disobey an obligation under the rules of this Court except for

an open refusal based on an assertion that no valid obligation exists,

(4) 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;

(5) 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 cause, the

credibility of a witness, the culpability of a civil litigant, or the guilt or

innocence of an accused; or

(6) request a person other than a client to refrain from voluntarily giving

relevant information to another party, unless:

(a) the person is a relative or an employee or other agent of a client;

and

(b) the lawyer reasonably believes that the person's interest will not be

adversely affected by refraining from giving such information.

(E) Impartiality and Decorum of the Tribunal. A lawyer shall not:

(1) seek to influence a judge, juror, prospective juror, or other official by

means prohibited by law;

(2) communicate ex parte with such a person concerning a pending matter,

except as permitted by law; or

(3) engage in undignified or discourteous conduct toward the tribunal.

Pace 132 nf 19

(F)

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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.

(1) A lawyer shall not act as advocate at a trial in which the lawyer is likely

to be a necessary witness except where:

(a) the testimony relates to an uncontested issue;

{b) the testimony relates to the nature and value of legal services

rendered in the case; or

(c) disqualification of the lawyer would work substantial hardship on

the client.

(2) 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:

(A)

(B)

(C)

(D)

(E)

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 nght

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,

SiMployees, Si Other Persons assisting or associaicd with the prosecutor ua

criminal case from making an extrajudicial statement that the prosecutor would

be prohibited from making under Subparagraph 2.305(F) or 2.305(H).

Pace 14 of 19

(F) 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;

(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 of assistance in other

matters and the information necessary to the request for assistance; or

(5) A warning to the public of any dangers.

(G) 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.

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(H) Refrainine from Criticism. Tribal prosecutors shall refrain from public an

Bavare 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

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pericrinance or the indivicual may be gi 0 a kind manner. Said constructive

criticism should only be delivered in a forum conducive to the purpose of the

constructive criticism.

Pace 14 nf 19

() Independent Decision-Making. Tribal prosecutors have a duty to not be

frightened or dissuaded from making difficult or 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.

(J) Political Activities.

(1)

(2)

The political activity of a tribal prosecutor shall be consistent with the

support of the community’s jurisdictional rights. Tribai 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.

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 nghts of the tribal community.

(K) Avocational and Financial Activities.

(1)

(2)

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.

a) 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

with lawyers and others likely to be involved in the opposing side in

tribal court cases. The tribal prosecutor may, however, hold other

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(b)

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 herseif

from acting as prosecutor in any proceeding in which his or her

impartiality might reasonably be questioned, including instances where:

(1)

(2)

(4)

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:

(a) isa party to the proceeding, or an officer, director, or trustee

of a party;

(b) is acting as a lawyer or lay advocate in the proceeding; or

(c) is to the tribal prosecutor's knowledge likely to be a material

witness 1n the proceeding.

2.401 Enforcement of Ethical Codes: Definitions

(A)

(D)

“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.

Paore 17 af 19

2.402

2.404

2.405

2.406

2.407

2.408

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.

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.

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.

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.

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 complatnant 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.

Hearing by Tribal Court. An evidentiary hearing concerning the alleged misconduct

shall be conducted under the provisions of Chapters HI 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.

Disposition of Complaint. The Court shall include in its decision one of the

following:

(A) Dismissal of the complaint on the grounds that no misconduct was proven to

have occurred.

(B) Determination of misconduct having been proven, and imposition of one of the

following penalties:

(1) Admonish respondent;

Pace 12 af 19

(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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Dated this LE= — day of bec CE LIBEL, 2003.

BY THE COURT:

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its A. CAMERON: Chief Judge

Pase 19 nf 19