# CHAPTER 1. ESTABLISHMENT AND OPERATION OF TRIBAL COURT

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- **Collection:** Tribal code
- **Document type:** Tribal code

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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

Title I
Page 1

(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;
(c) Federal statute, regulation or other authorization pertaining to the Chitimacha Tribe of
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.
(c) Release on bond pending appeal. In criminal cases the defendant may be continued on
release or be released on bail. The appellant may petition the Court of Appeals, or Chief Judge
thereof, to review any decision of the Tribal Court taken under this 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.

Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990

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(c) Docket fee and bond. The petition for review shall be accompanied by a docket fee and
a bond to be set by the Court.
(d) Stay on appeal. In civil cases the petitioner may request the Tribal Court to stay the
judgment pending action on the petition and on the appeal if the petition is granted, and either
party may request the Tribal Court to grant or stay an injunction pending appeal. The Court may
condition a stay or injunction pending appeal on the depositing of cash or bond satisfactory to the
Tribal Court. The appellant's bond shall be sufficient to cover the damages awarded by the Tribal
Court together with interest. The cash or bond may be deposited at or after the time petition is
filed. The stay shall be effective when the deposit of cash or bond is approved by the Tribal Court.
The appellant may petition the Court of Appeals to review any decision of the Tribal Court under
this Section.
(Revised by Ordinance #6-95; Adopted: August 31, 1995; Effective: August 31, 1995; Revised by
Ordinance #1-98; Adopted: June 18,1998; Effective: June 18, 1998; 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
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990

Title I
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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.
Chitimacha Comprehensive Codes of Justice
Adopted: December 5, 1989; Effective: August 14, 1990

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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.
(c) Disqualification.
(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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Adopted: December 5, 1989; Effective: August 14, 1990

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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.
(c) Civic and Charitable Activities.
(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
Chitimacha Comprehensive Codes of Justice
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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)
(c) Board Composition. The Board shall consist of one judge of the Chitimacha Court of Appeals;
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.
(c) Effective Date. This Code shall be effective on the date that the Code is adopted by the
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)
(c) As employed in this Code, the term “attorney” or “lawyer” includes lay counselors.
(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)
(c) Based on the complaint and the attorney’s response, the Chief Judge of the Chitimacha Court
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.
(c) Upon the expiration of thirty (30) days from service of the notice under subsection (a) above,
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.
(c) A lawyer suspended hereunder will be reinstated immediately upon the filing of a certificate
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;
(c) must be a high school graduate or equivalent;
(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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3A85fd0a7b6b9a2a9c. Public record. Not legal advice.