CHAPTER 1. ESTABLISHMENT AND OPERATION OF TRIBAL COURT

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TITLE I – COURTS

CHAPTER 1. ESTABLISHMENT AND OPERATION OF TRIBAL COURT

Sec. 101.

Establishment of Tribal Court

There is hereby established a Chitimacha Tribal Court of general jurisdiction as a court of

record.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 102.

Composition of the Courts

There shall be a Chitimacha Tribal Court consisting of a Chief Judge, who shall be

appointed by the Chitimacha Tribal Council. In the event that the Chief Judge is unable for any

reason to hear a case, the Chitimacha Tribal Council shall appoint a Judge Pro Tempore to serve

in his or her stead.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 103.

Records of the Court

The Chitimacha Tribal 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 exempted by this Code, the records of the Court

shall be public.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 104.

Rules of Court

The Chief Judge of the Chitimacha Tribal Court 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 Chitimacha Tribal Council before becoming effective.

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 105.

Services to Court by Tribal or Federal Employees

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.

Sec. 106.

Jurisdiction of the Court

The jurisdiction of the Chitimacha Tribe of Louisiana, including the Chitimacha Tribal

Court, extends to all persons, activities, and property within the territory of the Chitimacha Tribe

of Louisiana based on the inherent sovereign authority of the Chitimacha Tribe of Louisiana and

federal law. The territory of the Chitimacha Tribe of Louisiana is comprised of all lands within

the Chitimacha Tribe of Louisiana Reservation, all lands held by the United States in trust for the

Chitimacha Tribe of Louisiana or any member of the Chitimacha Tribe of Louisiana, and all other

lands which are now and hereafter owned or acquired by the Chitimacha Tribe of Louisiana. The

jurisdiction includes but is not limited to air, water, surface, subsurface, natural and cultural

resources, and any interests therein. Jurisdiction over persons shall extend beyond the territory of

the Chitimacha Tribe of Louisiana whenever the person is acting pursuant to, or jurisdiction is

created or affirmed by, either:

(a) The inherent sovereign authority of the Chitimacha Tribe of Louisiana;

(b) A Chitimacha Tribe of Louisiana code, statute, ordinance, resolution, or other authorization;

Louisiana or its members; or

(d) Any compact, contract or other agreement entered into pursuant to applicable law pertaining

to the Chitimacha Tribe of Louisiana.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-17; Effective: February 1, 2017; Revised by Ordinance #01-22;

Adopted: March 24, 2022; Effective: March 24, 2022)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 2

Sec. 107.

Jurisdiction Over Suits Commenced by Tribe

Notwithstanding any other provision of this Code, the Chitimacha Tribal Court shall have

jurisdiction of all civil actions commenced by the Chitimacha Tribe of Louisiana, or by any agency

or officer thereof expressly authorized to file suit by the Chitimacha Tribal Council.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-17; Effective: February 1, 2017; Revised by Ordinance #01-22;

Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 108.

Tribe Immune from Suit

The Chitimacha Tribe of Louisiana shall be immune from suit. Nothing in the Code shall

be construed as consent of the Chitimacha Tribe of Louisiana to be sued.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-17; Effective: February 1, 2017; Revised by Ordinance #01-22;

Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 109.

Limitation on Tribal Judgments

In a Civil tort action for monetary compensation, the maximum allowable judgment that

may be entered against the Chitimacha Tribe of Louisiana, or a corporation or entity owned in

whole or in part by the Tribe, shall be Five Hundred Thousand Dollars ($500,000.00).

(Revised by Ordinance #1-95; Adopted: January 12, 1995; Effective: January 12, 1995; Revised

by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009; Revised by

Ordinance #01-17; Effective: February 1, 2017; Revised by Ordinance #01-22; Adopted: March

24, 2022; Effective: March 24, 2022)

CHAPTER 2. ESTABLISHMENT AND OPERATION OF COURT OF APPEALS

Sec. 201.

Creation of Court of Appeals.

There is hereby created a Chitimacha Court of Appeals.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 202.

Jurisdiction of Court of Appeals

The jurisdiction of the Chitimacha 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

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

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Court if such determinations are supported by substantial evidence. The Court of Appeals shall

also have jurisdiction over attorney disciplinary hearings.

(Revised by Ordinance #2-93; Adopted: May 10, 1993; Effective: May 10, 1993; Revised by

Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 203.

Composition of Court of Appeals

The Chitimacha Tribal Council shall appoint a Chief Judge and two Associate Judges of

the Chitimacha Court of Appeals, none of whom shall be Judges of the Chitimacha Tribal Court.

Appointment shall be a two-thirds (2/3) vote, taken by secret ballot, of those members present at

a meeting of the Tribal Council at which a quorum is present. The Chitimacha Tribal Council shall

set the term of each appointment and the compensation of each Judge.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 204.

Records of Court of Appeals

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 exempted 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.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 205.

Right of Appeal

(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

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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in Section 207.

Sec. 206.

Procedure on Appeal of Criminal Cases

(a) Time to appeal and how to appeal. Any appeal must be taken within (15) fifteen days

of receipt via certified mail of the judgment appealed from by filing a written notice of appeal with

the Clerk of Court. No extension of the fifteen (15) day period shall be granted. Upon request, the

Clerk of 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.

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 subsection.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 207.

Procedure on Decision for Review in Civil Cases

(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 receipt via certified

mail of the 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 fifteen (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.

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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; Revised by Ordinance #0209; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 208.

Judgment Against Surety

Any surety to a bond in criminal cases 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.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 209.

Record on appeal

Within thirty (30) 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.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 6

Sec. 210.

Briefs and Memoranda

Within thirty (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 (1) 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 fifteen

(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 (1) 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.

Sec. 211.

Oral Argument

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 Chitimacha Tribal Court shall hold office for a term of four (4)

years and shall be eligible for reappointment. A Judge Pro Tempore 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 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.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 7

Sec. 302.

Appointment

The Chief Judge and all Judges Pro Tempore of the Chitimacha Tribal Court shall be

appointed by the Chitimacha Tribal Council, by a two-thirds (2/3) vote, taken by secret ballot, of

those members present at a meeting of the Tribal Council at which a quorum is present.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 303.

Qualifications of Judges

To be eligible to serve as a Judge, a person must be twenty-five (25) 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.

Sec. 304.

Salary and bond

The Chief Judge of the Chitimacha Tribal Court and any Judges Pro Tempore 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 of the Chitimacha Tribal Court 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.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

CHAPTER 4. CHITIMACHA CODE OF JUDICIAL CONDUCT

(Added by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 401.

Preamble

The Chitimacha Court System is based on the principle that an unbiased, fair and competent

judiciary is essential to the administration of tribal justice. The purpose of the Chitimacha Code of

Judicial Conduct is to encourage a spirit of equity toward all persons brought before the courts of

the Chitimacha Tribe of Louisiana and to ensure fundamental fairness and due process in all court

proceedings.

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 8

Sec. 402.

Scope

The Code of Judicial Conduct is intended to establish basic standards to govern the conduct

of all Chitimacha tribal judges. It consists of an Application Section, broad statements called

Canons and specific Rules set forth under each Canon. The text of the Application Section, the

Canons and the Rules is authoritative.

When the text uses "shall" or "shall not," it is intended to impose binding obligations the

violation of which can result in disciplinary action, which may include removal of a judge from

office. When "should" or "should not" is used, the text is intended as hortatory and as a statement

of what is or is not appropriate conduct but not as a binding rule under which a judge may be

disciplined. When "may" is used, it denotes permissible discretion or, depending on the context, it

refers to action that is not covered by specific proscriptions.

The Code is designed to provide guidance to judges and to provide a structure for regulating

their conduct in accordance with the laws of the Chitimacha Tribe of Louisiana. It is not designed

or intended as a basis for civil liability or criminal prosecution.

The Code is to be applied consistently with applicable constitutional requirements, tribal

laws, rules of court, decisional law, tribal tradition and custom, common sense and in the context

of all relevant circumstances.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 403.

Application

Any person, whether or not an attorney, who is an officer of the Chitimacha Court System

and is performing judicial functions is a judge for the purpose of this Code. All judges should

comply with this Code except as provided below:

(a) Part-time judges. A part-time judge is a judge who serves on a continuing or periodic

basis, but is permitted by Chitimacha Tribal law to devote time to some other profession or

occupation. A part-time judge:

(1) is required to comply with this Code unless otherwise specifically exempted;

(2) shall not practice law either as an attorney or a lay counselor: (i) in the

Chitimacha Tribal Court; or (ii) in the Chitimacha Court of Appeals; and

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(3) shall not act as an attorney or lay counselor in a proceeding in which he or she

has served as judge or in any related proceeding.

(b) Judge Pro Tempore. A judge pro tempore is a person who is appointed to act

temporarily as a judge. A judge pro tempore:

(1) is required to comply with this Code unless otherwise specifically exempted;

and

(2) shall not appear as an attorney or lay counselor in a proceeding in which he or

she has served as a judge or in related proceedings.

Sec. 404.

Canons and Rules

CANON 1

A judge shall uphold the integrity and independence of the judiciary.

Rule 1.1

An independent and honorable judiciary is essential to justice in the Chitimacha tribal community.

A Chitimacha tribal judge should help create and maintain such a judiciary, and should observe

high standards of conduct toward achieving this goal.

Rule 1.2

A judge shall maintain a separation between the judicial branch and other branches of tribal

government, and shall avoid any contact or duty that violates such a separation.

Rule 1.3

A judge shall not serve as an elected governmental official of the Chitimacha Tribe of Louisiana.

CANON 2

A judge shall avoid impropriety and the appearance of impropriety in all of his or her

activities.

Rule 2.1

A judge shall respect and comply with the laws, traditions and customs of the Chitimacha Tribe of

Louisiana and should at all times act in a manner that promotes public confidence in the honesty

and impartiality of the Chitimacha judiciary.

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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Rule 2.2

A judge shall not allow family, social or other personal relationships to influence his or her judicial

conduct. He or she shall not attempt to use the prestige of his or her judicial office to advance the

private interests of others; nor shall he or she convey the impression that anyone has special

influence on him or her as judge.

CANON 3

A judge shall perform the duties of the office impartially and diligently.

Rule 3.1

The judicial duties of a judge shall take precedence over all other activities. The judicial

duties of the judge include all the duties of the office prescribed by Chitimacha Tribal law. In the

performance of these, the following standards apply:

(a) Adjudicative responsibilities.

(1) A judge shall adhere to the laws, traditions and customs of the Chitimacha Tribe of

Louisiana. He or she shall not be swayed by partisan interests, public clamor, political

pressure, or fear of criticism and shall resist influences on the Court by other tribal officials,

governmental officials or any others attempting to improperly influence the judge.

(2) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses,

attorneys, lay counselors and others with whom he or she deals in his or 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.

(3) A judge shall give to every person who has a legal interest in a proceeding, or his or

her attorney or lay counselor, a full right to be heard according to Chitimacha Tribal law.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(4) A judge shall refrain from all out-of-court or other communications with parties,

witnesses, tribal officials, agents or others concerning a pending proceeding unless all

parties to the proceedings are present or represented. A judge may initiate or consider any

ex parte communication when expressly authorized by law. A judge may, however, obtain

the advice of a disinterested expert on federal, state or tribal law, custom or tradition or on

other sources of law applicable to a proceeding before the Court if the request for advice

is limited to points of law or tradition or custom or on other sources of law applicable to a

proceeding before the Court and does not involve the particular merits of the case. The

parties shall be given a reasonable opportunity to respond to information provided by the

expert.

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(5) A judge shall maintain order in the Court. He or she shall not interfere in the

proceedings except where necessary to protect the rights of the parties or the dignity of the

Court. A judge shall not act as an advocate. A judge shall rely only on those procedures

which are prescribed by, or are consistent with, the laws, rules, traditions or customs of the

Chitimacha Tribe of Louisiana.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(6) A judge shall dispose promptly of the business of the Court.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(7) A judge shall not comment publicly on any proceeding pending in court and shall also

prohibit other court personnel from making such public comment.

(b) Administrative Responsibilities

(1) A judge shall discharge the judge's administrative responsibilities without bias or

prejudice and shall maintain professional competence in judicial administration. A judge

should cooperate with other judges and court officials in the administration of court

business.

(2) A judge shall diligently discharge the judge's administrative responsibilities in an

efficient and expeditious manner.

(3) A judge shall require his or her staff and court officials to observe high standards of

honesty and diligence.

(4) A judge shall take appropriate disciplinary actions against an attorney or lay counselor

for unprofessional conduct of which the judge may become aware. A judge having

knowledge that another judge has committed a violation of this Code shall inform the

Judicial Conduct Review Board.

(1) A judge shall disqualify himself or herself on the judge's own initiative in any

proceeding in which the judge has reason to believe that he or she could not act with

complete impartiality. A judge acting under this subsection (1) need not state the grounds

of disqualification.

(2) A judge shall disqualify himself or herself in a proceeding in which his or her

impartiality might reasonably be questioned, including instances where: (i) The judge has

a personal bias or prejudice concerning a party or personal knowledge of disputed

evidentiary facts; (ii) The judge served as attorney, lay counselor or personal representative

in the matter before the Court, or a person with whom the judge has been associated in a

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professional capacity served as a lawyer, lay counselor or personal representative

concerning the matter; (iii) The judge knows that he or she individually (or any member of

the judge's family) has a financial interest in the subject matter in controversy or in a party

to the proceeding, or has any other interest that could be substantially affected by the

proceedings; (iv) The judge, his or her spouse, or a person in reasonably close family

relationship to either of them, or the spouse of such a person: (a) is a party to the

proceeding, or an officer, director, or trustee of a party; (b) is acting as an attorney or lay

counselor in the proceeding; (c) is known by the judge to have an interest that could be

substantially affected by the outcome of the proceeding; or (d) is to the judge's knowledge

likely to be a material witness in the proceeding.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(d) Alternatives to Disqualification.

(1) A judge disqualified by the terms of Canon 3, Rule 3.1(c)(2)(iii) or Rule 3.1(c)(2)(iv)

may, instead of withdrawing from the proceeding, disclose on the record the basis of his or

her qualification. If based on such disclosure, the parties and attorneys, independently of

the judge's participation, all agree in writing that the judge's participation is not prejudicial

or that his or her financial interest is insubstantial, the judge is no longer disqualified, and

may participate in proceeding. The agreement, signed by all parties and attorneys, shall be

incorporated in the record of the proceeding.

(2) A judge may decline to disqualify himself or herself in any proceeding in which

disqualification might otherwise be required under subsections (1) or (2) of this section, if

no other judge is available and disqualification will result in a failure of justice. In such a

case, the judge shall disclose on the record the basis for disqualification and shall thereafter

disqualify himself or herself if at any time it is possible to transfer the proceeding to another

judge without a failure of justice.

CANON 4

A judge may engage in activities to improve the law, the legal system and the administration

of justice.

Rule 4.1

A judge may engage in the following activities, if in doing so, he or she does not cast doubt

on his or her capacity to decide impartially any issue that may come before the Court:

(a) The judge may speak, write, lecture, teach and participate in other activities concerning

Chitimacha Tribal law, tradition and custom, the legal system of the Chitimacha Tribe of Louisiana

and the administration of justice.

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(b) The judge may appear at a public hearing before a tribal executive or legislative body or official

on matters concerning the tribal judiciary system and the administration of justice, and he or she

may otherwise consult with a tribal or executive or legislative body or official but only on matters

concerning the general administration of justice or the improvement of the law or the legal system.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

CANON 5

A judge shall regulate his or her extra-judicial activities to minimize the risk of conflict with

judicial duties.

Rule 5.1

(a) Extra-Judicial Activities in General. A judge shall conduct all of the judge's extra-judicial

activities so that they do not:

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge;

(2) demean the judicial office; or

(3) interfere with the proper performance of judicial duties.

(b) Avocational Activities.

(1) A judge may write, lecture, teach and speak on legal and non-legal subjects, and engage

in the arts, sports and other social and recreational activities of the Chitimacha Tribe of

Louisiana or elsewhere if these activities do not interfere with the performance of his or

her duties.

(2) No judge shall engage in any form of gaming, of any kind (including charitable games),

at the Cypress Bayou Casino, Shorty’s or any other gaming enterprise owned or operated

by the Chitimacha Tribe of Louisiana. Nothing herein shall preclude judges from utilizing

other amenities at Cypress Bayou Casino or Shorty’s, including, but not limited to,

restaurants, shops, shows, banquet facilities, or hotel accommodations, provided such

utilization does not otherwise violate this Code.

(1) A judge may participate in civic, charitable and other tribal activities that do not

adversely reflect upon his or her impartiality or interfere with the performance of his or her

judicial duties. A judge may participate in any tribal educational, religious, charitable or

similar organization. A judge shall not participate in any activity if it is likely that the

organization will be involved in proceedings which would ordinarily come before him or

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Adopted: December 5, 1989; Effective: August 14, 1990

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her or will be involved in adversary proceedings in either the Chitimacha Tribal Court or

the Chitimacha Court of Appeals.

(2) A judge shall not use or permit the use of the prestige of judicial office for political

fund-raising or membership solicitation. A judge should not be a speaker or the guest of

honor at an event held primarily for political fund-raising, but a judge may attend such

events. A judge may also participate in an organization's fund-raising events, provided the

judge's title or status is not used to support the fund-raising effort.

(d) Financial Activities

(1) A judge should avoid financial and business dealings that tend to reflect adversely on

his or her impartiality, interfere with the performance of his or her judicial duties, exploit

his or her judicial position or involve him or her in frequent transactions with attorneys or

others likely to come before the Court on which he or she serves.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(2) Except as allowed by the laws and traditions of the Chitimacha Tribe of Louisiana,

neither a judge nor a member of his or her family should accept a gift, meal, bequest, favor

or loan from anyone which would affect or appear to affect his or her impartiality in judicial

proceedings, or on the judge's appearance of fairness. A judge may accept: (i) a gift

incidental to a public testimonial, books, tapes, and other resource materials supplied by

publishers on a complimentary basis for official use, or an invitation to the judge and the

judge's spouse or guest to attend a bar-related function or an activity devoted to the

improvement of the law, the legal system or the administration of justice; (ii) ordinary

social hospitality; (iii) a gift from a relative or friend, for a special occasion, such as a

wedding, anniversary or birthday, if the gift is fairly commensurate to the occasion and the

relationship; (iv) a gift, meal, bequest, favor or loan from a relative or friend, if the relative

or friend is one whose appearance or interest in a case would in any event require the

disqualification of the judge under Canon 3, Rule 3.1(c); (v) a loan from a lending

institution in its regular course of business on the same terms and based on the criteria

applied to other applicants; or (vi) a scholarship or fellowship awarded on the same terms

and based on the same criteria applied to other applicants.

(3) A judge may receive income, honoraria and reimbursement of expenses attributable to

the extra-judicial activities permitted by this Code, if the source of payments does not give

the appearance of impropriety. (i) Income and honoraria shall not exceed a reasonable

amount nor shall they exceed what a person who is not a judge would receive as a result of

the same activity. (ii) Expense and reimbursement or payment shall be limited to the actual

cost of travel, food and lodging reasonably incurred by the judge and, where appropriate

to the occasion, by the judge's spouse or guest. Any payment in excess of such an amount

shall be treated as an honorarium.

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(e) Extra-judicial appointments. Unless allowed by Chitimacha Tribal law or tradition, a judge

should not accept appointment to any tribal government entity or other position that is concerned

with issues of fact or policy on matters other than the improvement of the law, the tribal justice

system or the administration of justice. A judge, however, may represent the Chitimacha Tribe of

Louisiana on ceremonial occasions or in connection with historical, educational and cultural

activities.

CANON 6

A judge shall refrain from political activity inappropriate to his or her judicial office.

Rule 6.1

Unless authorized by Chitimacha Tribal law or tradition, a judge shall not engage in any tribal

political activity except on behalf of measures to improve the law, the tribal justice system or the

administration of justice.

Sec. 405.

Discipline and Removal of Judges

In order to ensure compliance with the provisions of this Code, it is necessary to establish a means

of enforcement. The disciplinary procedures contained within the Code shall not be utilized in

substitution for the judicial appeal process. The Judicial Conduct Review Board is the entity

charged herein with the responsibility of reviewing complaints made against judges of the

Chitimacha Tribe of Louisiana. The Board is comprised of a broad range of persons and is designed

to allow for participation in decision-making by both legal professionals and tribal community

members.

(a) Filing of Complaints. Complaints filed against a judge shall be made in writing and shall be

signed by the complainant. Each complaint shall be filed with the Chitimacha Clerk of Court, who

shall assign a docket number, and acknowledge receipt of the complaint. Upon receipt of such a

complaint, the Clerk shall immediately notify the Judicial Conduct Review Board.

(b) Judicial Conduct Review Board. The Judicial Conduct Review Board is hereby established and

has the authority to hear complaints concerning the conduct of judges, to recommend disciplinary

actions against them, and/or to recommend their removal from the Chitimacha judiciary if

warranted, after a fair hearing.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

the Chief Judge of the Chitimacha Tribal Court, or one other Court of Appeals judge in the event

that the Chief Judge is the subject of the Board’s focus; one member of the Chitimacha Tribal Bar

or of a comparable roll of attorneys admitted to practice before the Court, chosen randomly by the

Clerk of Court; and the Chair and Vice-Chair of the Chitimacha Tribal Council, or the designee of

the Chair or Vice-Chair of the Chitimacha Tribe Council so long as such designee is a tribal

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member of the Chitimacha Tribe of Louisiana. The judge of the Chitimacha Court of Appeals shall

serve as chairperson for the Board and shall have the right to vote in all decisions of the Board. If

two Court of Appeals judges serve on the Board, the senior Court of Appeals judge shall service

as chairperson for the Board.

No person shall serve on the Board if that person has reason to believe that he or she could not act

with complete impartiality or if such person’s impartiality might be reasonably questioned. No

action shall be taken by the Board except by vote of a majority of the Board and except as provided

by subsections (m) and (n) herein.

(d) Investigative Authority. The Board shall conduct such investigation as it deems fit. At any

stage of such an investigation the Board shall have subpoena power and may require a person to

appear or produce evidence before the Board, and to provide evidence under oath. If the Board

determines that the complaint is unfounded, the Board shall dismiss the matter, notifying any

complainant of its action.

(e) Confidentiality. All proceedings before the Board shall be confidential, and no information

shall be published by the Board except:

(1) Upon written request of the Chitimacha Tribal Council in connection with the

consideration of the appointment or reappointment of a person who is or has been a

Chitimacha judge, the Board shall provide information on any complaints made against the

judicial candidate and the Board's disposition thereof; and

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(2) Upon request of the person whose conduct is being investigated, or by a majority vote

of the Board, after giving that person an opportunity to express his or her views on the

question, any hearing held shall be public.

(f) Determination to Proceed. The Board shall meet at the Chitimacha Courthouse on a day not

more than fifteen (15) days after the filing of the complaint. The Board shall consider each

complaint received to determine whether it is within the Board's authority to hear.

(1)If the Board is unable to make that determination, it may request additional information.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(2) If the Board determines that the complaint is not a type within its authority, it shall

dismiss the complaint, notify in writing the complainant of its decision, and notify the judge

complained against of the nature of the complaint and the Board's decision.

(3) If the Board determines that a complaint is within its authority to hear, it shall

communicate the complaint to the judge complained against by providing him or her with

a copy of the complaint and shall request a written response. The Board may conduct such

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investigation of the matter as it deems appropriate. If the Board determines that the

complaint is unfounded or frivolous or otherwise provides insufficient cause for

proceeding, it shall dismiss the complaint and notify the complainant and the judge

complained against of its decision.

(4) The dismissal of the complaint does not preclude later consideration of the matters

involved in that complaint to the extent that they may evidence a pattern or practice of

misconduct, or are otherwise relevant to the consideration of any other complaint or matter

properly before the Board under these rules. A dismissed complaint may be reconsidered

if new information is received upon the basis of which the Board determines that such

reconsideration is necessary to fulfill the purposes of the disciplinary process.

(g) Hearings. The Board shall hold a hearing at the request of a majority of its members or of the

individual whose conduct is being investigated. Such hearing shall be had before the Board on the

record. The Board shall have subpoena power and every witness shall be sworn.

(h) Rights of the Judge. The judge shall be entitled to be present at the hearing, to be represented

by counsel at the judge's own expense, to testify on his or her own behalf, to introduce evidence,

to examine and cross-examine witnesses, and to subpoena documents and witnesses.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(i) Written Notice. The Board shall issue to the judge a written notice containing a statement of

alleged misconduct, including any section of the Chitimacha Code of Judicial Conduct or Oath

taken upon admittance to office alleged to have been violated, or other alleged improper conduct.

Such notice shall be served by registered or certified mail, or be personally delivered to the judge.

The notice shall state alleged facts upon which such charges are based. The Board shall make

available to the judge all information concerning such charges as the Board has acquired.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(j) Response to Notice. Within twenty (20) days after receipt of notice, the judge shall file a written

response setting forth any admission, denial, affirmative defense, or other matter upon which he

or she intends to rely at the hearing.

(k) Discovery. Discovery shall be allowed under the Board's direction upon request to and with

the approval of the Board.

(l) Evidence. The Chitimacha Rules of Evidence shall guide evidentiary matters.

(m) Board Decision. After hearing a matter, the Board shall decide whether it is satisfied by clear

and convincing evidence that:

(1) The judge has violated a provision of the Chitimacha Code of Judicial Conduct and that

the violation is of such serious nature as to warrant formal disciplinary action; or

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(2) The judge has been convicted of a crime the nature of which casts into doubt his or her

continued willingness to conform his or her conduct to the Chitimacha Code of Judicial

Conduct; or

(3) The judge is suffering from a disability which materially affects his or her ability to

perform his or her duties.

(n) Board Findings and Actions. The Board shall make findings of fact and conclusions of law in

its written decision. The decision of the Board shall be by unanimous vote. If the Board decides

that a charge has not been established, it shall dismiss the matter and provide written notice to both

the judge complained against and any complainant. If the Board has decided that a charge has been

established, it shall report its written decision to both the judge and the complainant and promptly

recommend to the Chitimacha Tribal Council appropriate disciplinary action. For all judicial

disciplinary actions, except removal, the Tribal Council shall impose discipline upon the

affirmative vote of a majority of all Tribal Council members present at the valid meeting where

the charges are considered.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(o) 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.

Sec. 406.

Miscellaneous

(a) Title and Citation. This Code may be known and cited as the CHITIMACHA CODE OF

JUDICIAL CONDUCT.

(b) Repeal of Inconsistent Laws. Any provisions in the general laws of the Chitimacha Tribe of

Louisiana which are inconsistent with the provisions of this Code are hereby repealed.

Chitimacha Tribal Council.

(d) Amendments. Amendments to this Code shall be effective upon adoption by the Chitimacha

Tribal Council.

(Added by Ordinance # 02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

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

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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;

(1) must be a member in good standing of the bar in any state or federal court; and

(2) must be of high moral character and integrity.

The Chief Judge may make inquiry as to the attorney's knowledge of the Chitimacha Code of

Justice and of Federal Indian law before admitting the attorney. Each individual wishing to be

admitted to practice before the Tribal Court must be recommended by an individual already

admitted; provided that this requirement shall take effect once ten individuals have been admitted

to practice.

(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;

(1) must be at least twenty-one (21) years of age;

(2) must be of high moral character and integrity;

(3) must have knowledge of the Chitimacha Tribal Code and of Federal Indian law;

(4) must be a high school graduate or equivalent;

(5) must not have been convicted of a felony in any jurisdiction; and

(6) must not have been convicted of child abuse or neglect in any jurisdiction.

(Added by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(Added by Ordinance # 3-90; Adopted: November 7, 1990; Effective: March 13, 1992; Revised

by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 502.

Roll of attorneys and lay counselors

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 7, 1990; Effective: March 13, 1992)

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Sec. 503.

Right to counsel

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; Added by

Ordinance # 02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 504.

Attorney Discipline

Any lawyer or lay counselor violating their Oath, or having been convicted of a crime, or violating

the most recent version of the Rules of Professional Conduct as promulgated by the American Bar

Association may be subject to discipline or disbarment.

(Added by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 505.

Disciplinary Process

(a) Any claimed violation of the Chitimacha Rules of Professional Conduct as set forth herein may

be reported in writing to the Chief Judge of the Chitimacha Court of Appeals.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(b) Written notice of such complaint shall be provided to the lawyer or lay counselor against whom

the complaint is filed. Notice to the respondent shall be given by mail addressed to the addresses

listed with the lawyer’s state bar association membership directory and in the current edition of

the roll of attorneys admitted to practice before the Chitimacha Tribal Courts as maintained by the

Clerk of Court, or be personally delivered to the lawyer or lay counselor. The lawyer shall have a

period of fifteen (15) days from the date of the notice within which to respond to the complaint.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

of Appeals shall determine whether or not there is probable cause to believe that a violation of the

Rules of Professional Conduct has been committed. Such determination shall be made within

forty-five (45) days of the date that the lawyer’s response is due. If no such determination can be

made based on the complaint and response, the Chief Judge may hold a hearing to determine

whether probable cause exists. Both the complainant and the lawyer shall receive written notice of

such determination by the Court, and the reasons therefore.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(d)When a determination has been made that there is no probable cause that a violation of the

Rules of Professional Conduct has been committed, the matter shall be closed, and shall be sealed

until further order of the Court.

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(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(e) When a determination has been made that there is probable cause that a violation of the Rules

of Professional Conduct has been committed, the Chief Judge of the Chitimacha Court of Appeals

shall then appoint, at the Court’s expense, an ad hoc Special Tribal Counsel to conduct an

investigation into the matter and represent tribal interests for the remainder of the case. No lawyer

shall serve as a Special Tribal Counsel if that lawyer has reason to believe that he or she could not

act with complete impartiality or if such person’s impartiality might be reasonably questioned.

The Chief Judge of the Chitimacha Court of Appeals shall then appoint one Associate Judge to

conduct a hearing. The Special Tribal Counsel shall present the case against the lawyer. The Court

shall provide notice of such hearing to all parties to the complaint, setting forth the date, time and

place at which the hearing will be conducted. Such hearing shall be closed to the public and subject

to the following:

(1) continuances may be granted in the discretion of the Court for good cause shown;

(2) any motions filed in the matter shall be filed no later than seven (7) days in advance of

the date upon which the complaint is to be heard;

(3) any oral or documentary evidence may be received by the Court as may be consistent

with the Chitimacha Rules of Evidence, but the Court shall exclude irrelevant, immaterial

or unduly repetitious evidence;

(4) when a hearing will be expedited and the interests of the parties will not be prejudiced

substantially, any part of the evidence may be received in written form;

(5) documentary evidence may be received in form of copies or excerpts if the original is

not readily available. Upon reasonable and timely requests, the parties may be given an

opportunity to compare the copy to the original;

(6) parties may be represented by legal counsel; and

(7) any of the parties or their legal counsel may conduct direct and cross-examination of

witnesses.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(f) After the close of the hearing, the panel of the Court of Appeals Associate Judge shall decide

by an affirmative vote of at least two-thirds (2/3) of the members whether it is satisfied by clear

and convincing evidence that a violation of the Rules of Professional Conduct has been committed,

and shall render its decision within thirty (30) business days. Upon completion of the hearing and

rendering of a decision, the matter shall be deemed conclusively determined.

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(g) The Court of Appeals shall have the power to take any of the following action with respect to

a lawyer determined to have violated the Rules of Professional Conduct after hearing duly held:

(1) privately reprimand the lawyer;

(2) publicly reprimand the lawyer;

(3) impose monetary fines against the lawyer;

(4) suspend the lawyer from practice before the courts of the Chitimacha Tribe of Louisiana

for a definite period of time; or

(5) order the disbarment of the lawyer.

(h) For any violation of these Rules occurring before the Chitimacha Tribal Court or before the

Chitimacha Court of Appeals, the judge observing such violation may take immediate action

concerning such violation and shall then refer such matter to the other judicial officers of the

Chitimacha Court System in accordance with the procedure set forth herein.

(i)

The Chief Judge of the Court of Appeals shall transmit a certified copy of the order

imposing discipline, except an order of private reprimand, on the lawyer resulting from

the disciplinary proceedings herein to the disciplinary authority of any other

jurisdiction in which the disciplined lawyer is licensed or authorized to practice.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 506.

Reciprocal Discipline

(a) Upon the receipt of a certified copy of an order that a lawyer admitted to practice before the

courts of the Chitimacha Tribe of Louisiana has been subject to discipline in another jurisdiction

(including any tribal, state or federal court or any tribal, state or federal administrative body or

agency), the Chitimacha Court of Appeals shall enter an order of notice containing a copy of the

order from the other jurisdiction and directing the respondent lawyer to inform the Chitimacha

Court of Appeals within thirty (30) days from service of the order of notice of any claim that the

imposition of the identical discipline by the Chitimacha Court of Appeals would be unwarranted

and the reasons therefor. Special Tribal Counsel appointed by the Chief Judge of the Chitimacha

Court of Appeals shall cause this order of notice to be served upon the respondent lawyer by

registered or certified mail with restricted delivery and return receipt requested.

(b) In the event that the discipline imposed in the other jurisdiction has been stayed there, any

reciprocal discipline to be imposed by the Chitimacha Court of Appeals may, but need not, be

deferred.

the Chitimacha Court of Appeals, after reasonable notice and hearing, may enter such order as the

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evidence warrants and may impose the identical discipline unless Special Tribal Counsel or the

respondent lawyer established, or the Chitimacha Court of Appeals concludes, that:

(1) the procedure in the other jurisdiction did not provide reasonable notice or opportunity

to be heard;

(2) there was significant infirmity of proof establishing the misconduct;

(3) imposition of the same discipline would result in grave injustice; or

(4) the misconduct established does not justify discipline under these Rules.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 507.

Conviction of Crimes

(a) Upon notice of a lawyer’s conviction of a crime by any jurisdiction, the Chief Judge of the

Chitimacha Court of Appeals shall appoint a Special Tribal Counsel to investigate the

circumstances of said conviction. Upon the filing with the Chitimacha Court of Appeals by Special

Tribal Counsel of a certificate of the clerk of any court establishing that a lawyer has been

convicted of a crime demonstrating unfitness to engage in the practice of law, whether the

conviction resulted from a plea of guilty or nolo contendre or from a verdict after a trial or

otherwise, the Chitimacha Court of Appeals shall, if satisfied that the crime demonstrates unfitness

to practice law, enter an order to show cause why the lawyer should not be immediately suspended

from the practice of law, regardless of the pendency of an appeal of the conviction, pending final

disposition of any disciplinary proceeding affording the lawyer opportunity to be heard, may make

such order of suspension as may be advisable in the interest of the tribal community and/or the

public, the tribal bar or comparable entity if any, and the Chitimacha Tribal Courts. The

Chitimacha Court of Appeals may, in its discretion, choose to defer the hearing on the order to

show cause until all appeals from the conviction are concluded.

(b) A certificate of final judgment of conviction of a lawyer for any crime shall be conclusive

evidence of the commission of a crime in any disciplinary proceeding based upon the conviction

subject to the provisions of paragraph (c) below.

that the underlying conviction for a crime has been reversed or set aside. The reinstatement need

not terminate any disciplinary proceeding then pending against the lawyer.

(d)The clerk of the Chitimacha Tribal Court wherein a lawyer has been convicted of a crime

covered by paragraph (a) shall transmit a certificate thereof to the Chief Judge of the Chitimacha

Court of Appeals and to Special Tribal Counsel within ten (10) days of said conviction.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

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Sec. 508.

Funding and Reimbursement

(a) The operational expenses of the Chitimacha Tribal Courts in the performance of duties under

these rules, including the Special Tribal Counsel and his or her expenses and administrative costs,

and expenses of the Chitimacha Court of Appeals judges, shall be paid from the following sources

of revenue:

(1) Fee Assessment. Lawyers admitted to practice law in the Chitimacha Tribal Courts

shall pay an annual disciplinary fee assessment in accordance with rules established by the

Court.

(2) Annual Payment. On or before November 1, 2009, the Chitimacha Tribe of Louisiana

shall pay $5,000 to a dedicated account established and managed by the Chitimacha Tribal

Courts. On or before November 1, 2010, the Chitimacha Tribe of Louisiana shall pay

$2,500 to a dedicated account established and managed by the Chitimacha Tribal Courts.

The Chitimacha Tribe of Louisiana shall make no further annual payments after the fiscal

year 2010-2011 payment unless it appears in the interests of justice to do so.

(b) Reimbursement of Costs and Expenses

(1) Assessment. Upon order of the Court, or upon stipulation, in any case in which a

sanction is imposed upon a lawyer, costs and expenses as herein defined may be assessed

against the lawyer. Legal interest shall also be assessed on unpaid costs and expenses.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(2) Costs. The term "costs" for the purposes of this rule shall include all obligations in

money reasonably and necessarily incurred by the Chitimacha Tribe of Louisiana or the

Chitimacha Tribal Courts in the performance of its duties under these rules, whether

incurred before or after the filing of formal charges. Costs shall include, by way of

illustration and not of limitation:

(i) investigatory costs;

(ii) charges for service of process;

(iii) witness fees;

(iv) the services of a court reporter;

(v) copying costs; and

(vi) telephone charges.

(3) Expenses. “Expenses” for the purposes of this rule shall mean a reasonable charge for

attorney fees and administrative and staff expenses incurred by the Chitimacha Tribe of

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Louisiana or the Chitimacha Tribal Courts.

(4) Payment of Costs and Expenses. A lawyer ordered to pay costs and expenses shall do

so within thirty (30) days of the date upon which the assessment becomes final unless a

periodic payment plan has been approved by the Chitimacha Court of Appeals and the

Special Tribal Counsel.

(5) Failure to Comply with Assessment of Costs and Expenses. Any lawyer who fails to

pay costs and expenses when ordered to do so or who fails to comply with the terms of an

agreed upon periodic payment plan shall be mailed, at the addresses listed with the lawyer’s

state bar association membership directory and in the current edition of the roll of attorneys

admitted to practice before the Chitimacha Tribal Courts as maintained by the Clerk of

Court, or be personally delivered to the lawyer, a notice of delinquency and imminent

certification of ineligibility to practice law. Any attorney who fails to comply with this

notice within thirty (30) days of mailing shall be summarily certified ineligible to practice

law by the Court. The certification of ineligibility may be cancelled by the Court

subsequent to receipt of all outstanding costs and expenses have been paid.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

(6) Waiver. In any case in which costs and expenses are sought pursuant to this rule, the

assessment of any or all such costs and expenses may be waived where it appears in the

interests of justice to do so.

(Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

Sec. 509.

Other Provisions and Interpretation of Rules

(a) Nothing contained in these Rules shall be construed to repeal or limit any provisions contained

in Chitimacha Tribal Law regarding the conduct of lawyers and disciplinary measures applicable

thereto.

(b) These Rules shall be read in such a manner as to achieve uniformity in interpretation with

applicable Chitimacha Tribal law.

(Added by Ordinance # 02-09; Adopted: December 3, 2009; Effective: December 3, 2009; Revised

by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022)

CHAPTER 7. PROSECUTOR

(Added by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 701.

Term

A Tribal Prosecutor may be appointed on such terms and conditions as the Chitimacha

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Tribal Council shall establish in making the appointment. The Tribal Prosecutor shall be eligible

for reappointment.

Sec. 702.

Appointment

The Tribal Prosecutor shall be appointed by the Chitimacha Tribal Council, by a two-thirds

(2/3) vote, taken by secret ballot, of those members present at a meeting of the Tribal Council at

which a quorum is present.

Sec. 703.

Qualifications

To be eligible to serve as the Tribal Prosecutor, a person must be at least twenty-five (25)

years of age, must be a member in good standing of the bar in any state or federal court, must be

of good moral character and integrity, must be eligible for admission or already admitted to

practice and enrolled as an attorney before the Chitimacha Tribal Courts, must have at least one

(1) year of experience in criminal litigation, and have knowledge of the Chitimacha

Comprehensive Codes of Justice and Federal Indian law.

Sec. 704.

Duties

The Tribal Prosecutor shall represent the People of the Chitimacha Tribe of Louisiana by

enforcing criminal offenses, criminal traffic offenses, civil traffic infractions, environmental

infractions and juvenile delinquency matters. The Tribal Prosecutor shall also provide legal

assistance and counsel to the Chitimacha Social Services Department and the Chitimacha Police

Department.

Sec. 705.

Salary

The Tribal Prosecutor shall be paid a salary to be determined by the Tribal Council. The

salary of the Tribal Prosecutor shall not be reduced during his or her term of office.

(Added by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 27

CHAPTER 8. COURT ADMINISTRATION

Sec. 801.

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.

Sec. 802.

Qualifications

To be eligible to serve as Clerk of Court, a person;

(a) must be at least 21 years of age;

(b) must be of high moral character and integrity;

(d) must be proficient in typing;

(e) must never have been convicted of a felony; and

(f) must be physically able to carry out the duties of the office.

Sec. 803.

Duties

The Clerk and other court staff shall at all times maintain an unbiased appearance on

matters before the Court. The Clerk shall focus solely on the efficient running of Court processes,

which includes rendering assistance to the courts, to the authorized law enforcement officers of

the Reservation, and the Indians of the Reservation, in processing complaints, subpoenas, warrants,

(notices of appeal), and any other documents incidental to the lawful functions of the Court. Any

review of these materials by the Clerk must be for completeness and form only—review of the

substance of all Court filings is reserved for the Judge and any other intended recipient party to

the matter. The Clerk shall attend, and keep written records of, all proceedings of the Court,

administer oaths and collect fines, costs, fees and other monies. The Clerk shall be bonded and

shall account to the Tribe for all monies collected.

(Revised by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009;

Revised by Ordinance #01-22; Adopted: March 24, 2022; Effective: March 24, 2022; Revised by

Ordinance #02-23; Adopted: November 2, 2023; Effective: November 2, 2023)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title I

Page 28

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.