OF OTTAWA AND CHIPPEWA INDIANS

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COURT RULES

OF THE

GRAND TRAVERSE BAND

OF OTTAWA AND CHIPPEWA INDIANS

TRIBAL COURT

________________________

RULES OF EVIDENCE

________________________

ADMINISTRATIVE ORDERS

COURT RULES

OF THE

GRAND TRAVERSE BAND

OF OTTAWA AND CHIPPEWA INDIANS

TRIBAL COURT

TABLE OF CONTENTS

CHAPTER 1

RULES OF ETHICS FOR TRIBAL COURT JUDGES

Subchapter 1.000 Purpose and Definitions

Rule 1.001 Purpose .............................................................................................................. 1

Rule 1.002 Definitions .......................................................................................................... 1

Subchapter 1.100 Judicial Conduct

Rule 1.101 Applicability of these Rules of Judicial Conduct....................................................... 1

Rule 1.102 Integrity and Independence of Tribal Judiciary....................................................... 1

Rule 1.103 Impropriety and the Appearance of Impropriety ..................................................... 1

Rule 1.104 Performance of Duties Impartially and Diligently .................................................... 1

Rule 1.105 Improvement of the Legal System and the Administration of Justice ........................ 3

Rule 1.106 Extra-Judicial Activities......................................................................................... 3

Rule 1.107 Political Activities ................................................................................................. 4

Subchapter 1.200 Enforcement Of Ethical Rules

Rule 1.201 Definitions .......................................................................................................... 4

Rule 1.202 Enforcement Responsibility/Procedure/Relationship to Tribal Personnel Policies......... 4

Rule 1.203 Investigation....................................................................................................... 5

Rule 1.204 Review and Action Committee .............................................................................. 5

Rule 1.205 Disciplinary Action; Procedure............................................................................... 5

Rule 1.206 Disciplinary Action; Disposition ............................................................................. 5

Rule 1.208 Confidentiality ..................................................................................................... 6

CHAPTER 2

RULES OF ETHICS FOR ATTORNEYS AND LAY ADVOCATES

Subchapter 2.000 Attorney and Lay Advocate Conduct

Rule 2.001 Applicability of Rules............................................................................................ 7

Rule 2.002 Purpose of Rules ................................................................................................. 7

Rule 2.003 Definitions .......................................................................................................... 7

Rule 2.004 Client-Lawyer Relationship ................................................................................... 7

Rule 2.005 Counselor ..........................................................................................................12

Rule 2.006 Advocate ...........................................................................................................13

Rule 2.007 Special Responsibilities of a Prosecutor.................................................................14

Rule 2.008 Other Provisions Regarding a Prosecutor ..............................................................15

Rule 2.009 Political Activities ................................................................................................15

Rule 2.010 Avocational and Financial Activities ......................................................................16

Rule 2.011 Disqualification...................................................................................................16

Rule 2.012 Transactions with Persons other than Clients ........................................................16

Rule 2.013 Law Firms and Associations .................................................................................17

Rule 2.014 Public Service.....................................................................................................18

Rule 2.015 Information About Legal Services.........................................................................18

Rule 2.016 Maintaining the Integrity of the Profession............................................................19

Subchapter 2.100 Enforcement Of Ethical Rules

Rule 2.101 Definitions .........................................................................................................20

Rule 2.102 Enforcement Responsibility/Procedure/Relationship to Tribal Personnel Policies........20

Rule 2.103 Investigation......................................................................................................20

Rule 2.104 Review and Action Committee .............................................................................21

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page i

Rule 2.105 Disciplinary Action; Procedure..............................................................................21

Rule 2.106 Disciplinary Action; Disposition ............................................................................21

Rule 2.108 Confidentiality ....................................................................................................21

CHAPTER 3

CODE OF CONDUCT FOR TRIBAL COURT EMPLOYEES

Rule 3.001 Introduction.......................................................................................................22

Rule 3.002 Definitions .........................................................................................................22

Rule 3.003 Applicability .......................................................................................................22

Rule 3.004 Integrity and Independence of Court Employees ..................................................22

Rule 3.005 Integration with Grand Traverse band Government Personnel Policy .......................22

Rule 3.006 Enforcement of Code of Conduct ........................................................................23

Rule 3.100 Abuse of Position ...............................................................................................23

Rule 3.200 Conflict of Interest..............................................................................................24

Rule 3.300 Confidentiality ....................................................................................................25

Rule 3.400 Political Activity .................................................................................................25

Rule 3.500 Performance of Duties ........................................................................................25

Rule 3.600 Prior Rules of Ethics for Court Personnel Vacated .................................................26

CHAPTER 4

RULES OF CIVIL PROCEDURE

Subchapter 4.000 General Provisions

Rule 4.001 Applicability .......................................................................................................27

Rule 4.002 Title; Citation .....................................................................................................27

Rule 4.003 Effective Date ....................................................................................................27

Rule 4.004 Statutory Practice Provisions................................................................................27

Rule 4.005 Construction ......................................................................................................27

Rule 4.006 Headings ...........................................................................................................27

Rule 4.007 Number .............................................................................................................27

Rule 4.008 Computation of Time ..........................................................................................27

Rule 4.009 Paper and Type-Size Standard .............................................................................27

Rule 4.010 Collection of Fines and Costs ...............................................................................28

Rule 4.011 Amendment Procedure........................................................................................28

Rule 4.012 Waiver or Suspension of Fees and Costs for Indigent Persons ................................28

Rule 4.013 Disqualification of Judge .....................................................................................28

Rule 4.014 Incarcerated Parties............................................................................................29

Rule 4.015 Photographing, Recording, and Broadcasting in Court............................................30

Subchapter 4.100 Commencement Of Action; Service Of Process; Pleadings; Motions

Rule 4.101 Form and Commencement of Action.....................................................................32

Rule 4.102 Summons; Expiration of Summons; Dismissal of Action for Failure to Serve .............33

Rule 4.103 Process; Who May Serve .....................................................................................34

Rule 4.104 Process; Proof of Service.....................................................................................34

Rule 4.105 Process; Manner of Service .................................................................................34

Rule 4.106 Notice by Posting or Publication ...........................................................................37

Rule 4.107 Service and Filing of Pleadings and Other Papers...................................................38

Rule 4.108 Time .................................................................................................................39

Rule 4.109 Security for Costs; Bonds ....................................................................................40

Rule 4.110 Pleadings ...........................................................................................................41

Rule 4.111 General Rules of Pleading....................................................................................41

Rule 4.112 Pleading Special Matters .....................................................................................42

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page ii

Rule 4.113 Form of Pleadings and Other Papers ....................................................................43

Rule 4.114 Signatures of Attorneys and Parties; Verification; Effect; Sanctions .........................44

Rule 4.115 Motion to Correct or to Strike Pleadings................................................................45

Rule 4.116 Summary Disposition ..........................................................................................45

Rule 4.117 Appearances ......................................................................................................48

Rule 4.118 Amended and Supplemental Pleadings .................................................................49

Rule 4.119 Motion Practice ..................................................................................................49

Subchapter 4.200 Parties; Joinder Of Claims And Parties; Venue; Transfer Of Actions

Rule 4.201 Parties Plaintiff and Defendant; Capacity ..............................................................52

Rule 4.202 Substitution of Parties.........................................................................................54

Rule 4.203 Joinder of Claims, Counterclaims, and Cross-Claims...............................................54

Rule 4.204 Third-Party Practice ............................................................................................55

Rule 4.205 Necessary Joinder of Parties ................................................................................55

Rule 4.206 Permissive Joinder of Parties ...............................................................................56

Rule 4.207 Misjoinder and Nonjoinder of Parties ....................................................................56

Rule 4.209 Intervention .......................................................................................................56

Subchapter 4.300 Discovery

Rule 4.301 Completion of Discovery......................................................................................57

Rule 4.302 General Rules Governing Discovery ......................................................................57

Rule 4.303 Depositions Before Action or Pending Appeal ........................................................60

Rule 4.304 Persons Before Whom Depositions May Be Taken..................................................61

Rule 4.305 Subpoena for Taking Deposition ..........................................................................62

Rule 4.306 Depositions on Oral Examination..........................................................................63

Rule 4.307 Depositions on Written Questions ........................................................................66

Rule 4.308 Use of Depositions in Court Proceedings ...............................................................66

Rule 4.309 Interrogatories to Parties ....................................................................................67

Rule 4.310 Requests for Production of Documents and Other Things; Entry on Land for

Inspection and Other Purposes.................................................................................68

Rule 4.311 Physical and Mental Examination of Persons .........................................................69

Rule 4.312 Request for Admission ........................................................................................70

Rule 4.313 Failure to Provide or to Permit Discovery; Sanctions ..............................................71

Rule 4.314 Discovery of Medical Information Concerning Party ...............................................73

Rule 4.315 Video Depositions ...............................................................................................74

Rule 4.316 Removal of Discovery Materials From File .............................................................75

Subchapter 4.400 Pretrial Procedure; Alternative Dispute Resolution; Offers Of Judgment;

Settlements

Rule 4.401 Pretrial Procedures; Conferences; Scheduling Orders .............................................76

Rule 4.402 Use of Communication Equipment........................................................................78

Rule 4.406 Use of Facsimile Communication Equipment .........................................................78

Rule 4.410 Alternative Dispute Resolution .............................................................................79

Rule 4.411 Mediation or Peacemaking...................................................................................80

Rule 4.420 Settlements and Judgments for Minors and Legally Incapacitated Individuals ..........84

Subchapter 4.500 Trials; Subpoenas; Juries

Rule 4.501 Scheduling Trials; Court Calendars .......................................................................85

Rule 4.502 Dismissal for Lack of Progress .............................................................................85

Rule 4.503 Adjournments ....................................................................................................86

Rule 4.504 Dismissal of Actions ............................................................................................87

Rule 4.505 Consolidation; Separate Trials..............................................................................87

Rule 4.506 Subpoena; Order to Attend .................................................................................88

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page iii

Rule 4.507 Conduct of Trials ................................................................................................90

Rule 4.508 Jury Trial of Right...............................................................................................90

Rule 4.509 Trial by Jury or by Court .....................................................................................91

Rule 4.510 Juror Personal History Questionnaire ....................................................................91

Rule 4.511 Impaneling the Jury............................................................................................92

Rule 4.512 Rendering Verdict...............................................................................................93

Rule 4.513 View..................................................................................................................94

Rule 4.514 Special Verdicts ..................................................................................................94

Rule 4.515 Motion for Directed Verdict..................................................................................94

Rule 4.516 Instructions to Jury.............................................................................................94

Rule 4.517 Findings by Court ...............................................................................................95

Rule 4.518 Receipt and Return or Disposal of Exhibits ............................................................96

Subchapter 4.600 Judgments And Orders; Postjudgment Proceedings

Rule 4.601 Judgments .........................................................................................................96

Rule 4.602 Entry of Judgments and Orders ...........................................................................96

Rule 4.603 Default and Default Judgment .............................................................................97

Rule 4.604 Judgment in Actions Involving Multiple Claims or Multiple Parties............................98

Rule 4.605 Declaratory Judgment.........................................................................................98

Rule 4.610 Motion for Judgment Notwithstanding the Verdict .................................................99

Rule 4.611 New Trials; Amendment of Judgments ............................................................... 100

Rule 4.612 Relief From Judgment or Order.......................................................................... 101

Rule 4.613 Limitations on Corrections of Error ..................................................................... 101

Rule 4.614 Stay of Proceedings to Enforce Judgment ........................................................... 102

Rule 4.620 Satisfaction of Judgment ................................................................................... 102

Rule 4.621 Proceedings Supplementary to Judgment ........................................................... 103

Rule 4.622 Receivers in Supplementary Proceedings ............................................................ 104

Rule 4.625 Taxation of Costs ............................................................................................. 105

Rule 4.626 Attorney Fees................................................................................................... 107

Rule 4.630 Disability of Judge ............................................................................................ 107

Subchapter 4.700 Minor Trust Accounts

Rule 4.701 Standard for Consideration of Petitions for Distributions from

Minor Trust Accounts............................................................................................. 107

CHAPTER 5

[RESERVED]

CHAPTER 6

CRIMINAL PROCEDURE

Subchapter 6.000 General Provisions

Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Tribal

Ordinances or Statutes .......................................................................................... 110

Rule 6.002 Purpose and Construction ................................................................................. 110

Rule 6.003 Definitions ....................................................................................................... 110

Rule 6.004 Speedy Trial..................................................................................................... 110

Rule 6.005 Right to Court-Appointed Attorney; Advice; Waiver; Joint Representation .............. 111

Subchapter 6.100 Preliminary Proceedings

Rule 6.101 The Complaint.................................................................................................. 113

Rule 6.102 Arrest on a Warrant .......................................................................................... 113

Rule 6.103 Summons Instead of Arrest ............................................................................... 114

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page iv

Rule 6.104 Arraignment on the Warrant or Complaint .......................................................... 114

Rule 6.106 Pretrial Release ................................................................................................ 115

Rule 6.107 Pretrial Conference ........................................................................................... 117

Rule 6.110 Misdemeanor Traffic Offenses............................................................................ 117

Rule 6.120 Joinder and Severance; Single Defendant ........................................................... 118

Rule 6.121 Joinder and Severance; Multiple Defendants ....................................................... 118

Rule 6.125 Mental Competency Hearing .............................................................................. 119

Subchapter 6.200 Discovery

Rule 6.201 Discovery......................................................................................................... 119

Subchapter 6.300 Pleas

Rule 6.301 Available Pleas ................................................................................................. 121

Rule 6.302 Pleas of Guilty and No Contest........................................................................... 121

Rule 6.303 Plea of Guilty but Mentally Ill ............................................................................. 123

Rule 6.304 Plea of Not Guilty by Reason of Insanity ............................................................. 123

Rule 6.310 Withdrawal or Vacation of Plea Before Acceptance or Sentence ............................ 123

Rule 6.311 Challenging Plea After Sentence......................................................................... 123

Rule 6.312 Effect of Withdrawal or Vacation of Plea ............................................................. 124

Subchapter 6.400 Trials

Rule 6.401 Right to Trial by Jury or by the Court ................................................................. 124

Rule 6.402 Waiver of Jury Trial by the Defendant ................................................................ 124

Rule 6.403 Trial by the Judge in Waiver Cases..................................................................... 124

Rule 6.410 Jury Trial; Number of Jurors; Unanimous Verdict................................................. 124

Rule 6.411 Additional Jurors .............................................................................................. 124

Rule 6.412 Selection of the Jury ......................................................................................... 125

Rule 6.414 Conduct of Jury Trial......................................................................................... 127

Rule 6.416 Presentation of Evidence ................................................................................... 128

Rule 6.419 Motion for Directed Verdict of Acquittal .............................................................. 128

Rule 6.420 Verdict ............................................................................................................ 128

Rule 6.425 Sentencing.......................................................................................................128

Rule 6.427 Judgment ........................................................................................................ 130

Rule 6.429 Correction and Appeal of Sentence.....................................................................131

Rule 6.431 New Trial ......................................................................................................... 131

Rule 6.432 Documents for Post Conviction Proceeding ......................................................... 131

Rule 6.433 Correcting Mistakes .......................................................................................... 132

Rule 6.440 Disability of Judge ............................................................................................ 132

Rule 6.445 Probation Revocation ........................................................................................ 133

CHAPTER 7

[RESERVED]

CHAPTER 8

RULES OF JURY SELECTION

Subchapter 8.000 Purpose And Definition

Rule 8.001 Purpose ........................................................................................................... 136

Rule 8.002 Definitions ....................................................................................................... 136

Subchapter 8.100 Right of Jury Trial

Rule 8.101 Criminal Cases ................................................................................................. 136

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page v

Rule 8.102 Civil Cases ....................................................................................................... 136

Subchapter 8.200 Jury Pool

Rule 8.201 Membership .....................................................................................................136

Rule 8.202 Residence ........................................................................................................ 136

Rule 8.203 Age .................................................................................................................136

Rule 8.204 Questionnaires ................................................................................................. 136

Rule 8.205 Random Selection............................................................................................. 136

Rule 8.206 Mailing of Questionnaires .................................................................................. 136

Rule 8.207 Filing Deadline ................................................................................................. 136

Rule 8.208 Access to Juror Questionnaires .......................................................................... 136

Rule 8.209 Annual Pool .....................................................................................................137

Rule 8.210 Exemption ....................................................................................................... 137

Rule 8.211 Previous Service ............................................................................................... 137

Rule 8.212 Pool Replenishment .......................................................................................... 137

Subchapter 8.300 Jury Service

Rule 8.301 Jury Summons Process ..................................................................................... 137

Rule 8.302 Excuse from Jury Duty ...................................................................................... 137

Rule 8.303 Compensation .................................................................................................. 137

Rule 8.304 Contempt of Court............................................................................................ 137

CHAPTER 9

RULES OF APPELLATE PROCEDURE

Subchapter 9.000 Purpose and Definition

9.001 Purpose ..................................................................................................................138

9.002 Definitions............................................................................................................... 138

Subchapter 9.100 Organization and Composition of Tribal Appellate Court

Rule 9.101 Judges of Tribal Appellate Court ........................................................................ 138

Rule 9.102 Term ............................................................................................................... 138

Rule 9.103 Chief Justice .................................................................................................... 138

Rule 9.104 Court Clerk ...................................................................................................... 138

Rule 9.105 Disqualification of Appellate Judge ..................................................................... 138

Subchapter 9.200 Jurisdiction of Tribal Appellate Court

Rule 9.201 Exclusive Jurisdiction ........................................................................................ 138

Rule 9.202 Review of Legislation ........................................................................................ 138

Rule 9.203 Who May Appeal .............................................................................................. 138

Rule 9.204 Subject of Appeal ............................................................................................. 139

Rule 9.205 Scope of Court's Review.................................................................................... 139

Subchapter 9.300 Procedure for Appeal

Rule 9.301 Time Period to Appeal....................................................................................... 139

Rule 9.302 Notice of Appeal ............................................................................................... 139

Rule 9.303 Service of Notice of Appeal................................................................................ 140

Rule 9.304 Appellate Filing Fee .......................................................................................... 140

Rule 9.305 Waiver of Fees ................................................................................................. 140

Rule 9.306 Bond ............................................................................................................... 140

Rule 9.307 Record of Appeal .............................................................................................. 140

Rule 9.308 Briefing............................................................................................................141

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page vi

Rule 9.309 Oral Argument ................................................................................................. 141

Rule 9.310 Stay Pending Appeal ......................................................................................... 141

Rule 9.311 Motions before the Tribal Appellate Court ........................................................... 141

Subchapter 9.400 Decisions of the Tribal Appellate Court

Rule 9.401 Standard of Review .......................................................................................... 141

Rule 9.402 Issues Preserved on Appeal............................................................................... 142

Rule 9.403 Content of Order or Judgment Appealed............................................................. 142

Rule 9.404 Decisions of the Tribal Appellate Court ............................................................... 142

Rule 9.405 Request for Reconsideration of Decision ............................................................. 143

Rule 9.406 Remand........................................................................................................... 143

Subchapter 9.500 Court Administration

Rule 9.501 Authority to Waive Requirements....................................................................... 143

Rule 9.502 Standards for Computing Time Requirements ..................................................... 143

Rule 9.503 Requirements for Service .................................................................................. 143

Rule 9.504 Practice Before the Tribal Court ......................................................................... 143

Rule 9.505 Rules of Court .................................................................................................. 143

CHAPTER 10

RULES OF ENFORCEMENT AND RECOGNITION OF FOREIGN JUDGMENTS

Subchapter 10.000 Purpose and Definitions

Rule 10.001 Purpose ......................................................................................................... 144

Rule 10.002 Definitions......................................................................................................144

Subchapter 10.100 Enforcement and Recognition

Rule 10.101 Michigan State Court Judgments ...................................................................... 144

Rule 10.102 Tribal Court Judgments ................................................................................... 145

Rule 10.103 Federal Court and Other State Court Judgments................................................ 145

Rule 10.104 Court Records and Judgments of a Foreign Country........................................... 146

Subchapter 10.200 Recognition and/or Enforcement of Foreign Judgments

Rule 10.201 Application of Enforcement and Recognition to Final and Conclusive Judgments... 146

Rule 10.202 Registration of Foreign Judgment.....................................................................147

Rule 10.203 Notice of Registration of Foreign Judgment ....................................................... 147

Rule 10.204 Objections; Hearing; Entry of Order Where Objections....................................... 148

Rule 10.205 Entry of Order Where No Objections................................................................. 148

Rule 10.206 Not Enforceable or Non-Recognizable Foreign Judgment .................................... 148

Rule 10.207 Appeal; Stay of Execution; Stay of Proceeding................................................... 148

Rule 10.208 Post Judgment Proceedings Regarding Foreign Judgment;

No Waiver of Immunity.......................................................................................... 148

Subchapter 10.300 Construction of Rules

Rule 10.301 Construction of Rules ...................................................................................... 148

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/09 amendments)

Page vii

CHAPTER 1

RULES OF ETHICS FOR TRIBAL COURT JUDGES

Subchapter 1.000 Purpose and Definitions

Rule 1.001 Purpose. The purpose of this chapter is to provide for and guide the professional conduct

of judges and court clerks, magistrates and administrators of this Court, as well as, lawyers and lay

advocates who practice before this Court.

Rule 1.002 Definitions. When used in this chapter, unless the context otherwise indicates:

(A) “Court” means the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court.

(B) “Court Personnel” include any employee or volunteer involved in Court records or proceedings.

Subchapter 1.100 Judicial Conduct

Rule 1.101 Applicability of these Rules of Judicial Conduct. These rules apply to anyone, whether

or not a lawyer, who is an officer of a tribal judicial system and is performing judicial functions. Also,

these Rules apply to both trial and appellate tribal judges, who serve the Court on a full-time, part-time,

or pro tempore basis.

Rule 1.102 Integrity and Independence of Tribal Judiciary. A Tribal Court judge should uphold

the integrity and independence of the Tribal Judiciary in that an independent and honorable Tribal

judiciary is indispensable to justice in the Tribal community. A judge should participate in establishing,

maintaining, and enforcing, and should him/herself observe high standards of conduct so that the

integrity and independence of the judiciary may be preserved. A judge should always be aware that the

judicial system is for the benefit of the litigant(s) and the public, not the Judiciary. The provisions of the

Rules 2.101 through 2.110, inclusive, should be construed and applied to further these objectives.

Rule 1.103 Impropriety and the Appearance of Impropriety. A Tribal Court judge should avoid all

impropriety and the appearance of impropriety in all his/her activities.

(A) Respect and Comply. A Tribal judge should respect and comply with the law of the Tribe and at all

times should act in the manner that promotes confidence in the integrity and impartiality of the Tribal

Judiciary.

(B) No Influence. A Tribal judge should not allow family, social, or other relationships to influence his/her

judicial conduct. A judge should not attempt to use prestige of his/her office to advance the private

interests of him/herself or others, nor should a judge convey the impression that anyone has special

influence on him/herself

Rule 1.104 Performance of Duties Impartially and Diligently. A Tribal Court judge should perform

the duties of the office impartially and diligently. The judicial activities of a Tribal judge should take

precedence over all other activities. The judicial duties of a judge include all the duties of the office as

prescribed by Tribal law. In the performance of these duties, the following standards apply.

(A) Adjudicative Responsibilities.

(1) A Tribal Court judge should adhere to the laws of the Tribe. He/she should not be swayed by

partisan interests, public clamor, political pressure, or fear of criticism. He/she should resist

influences on the Court by other Tribal officials, governmental officials or any others attempting

to improperly influence the Court.

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

advocates and others with whom he/she deals with in his/her official capacity. He/she should

require similar conduct of other persons in court proceedings and those Court personnel who are

subject to the judge's direction and control.

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/2009 amendments)

Page 1

(3) A Tribal Court judge should accord to every person who is legally interested in any

proceeding, or his/her lawyer or other representative, full right to be heard according to Tribal

law and except as authorized by law, neither consider nor permit one-sided or other

communication with a litigant, his/her attorney, or lay advocate concerning a pending or

impending proceeding unless all parties to the proceeding are present.

(4) A Tribal Court judge should maintain order in the court. He/she should not interfere in the

right of the parties.

(5) A Tribal Court judge should dispose promptly of the business of the Court.

(6) A Tribal Court judge should not comment publicly on any proceeding pending in court and

should also prohibit other Court personnel from making such public comment. However, this

subsection does not prohibit a judge from making public statements in the course of his/her

official duties or from explaining for public information the procedures of the Court.

(B) Administrative Responsibilities.

(1) A judge should diligently perform his/her administrative responsibilities with a high degree of

integrity and diligence.

(2) A judge should require his/her staff and Court officials to observe high standards of integrity

and diligence. As such, a judge should direct his/her staff and Court officials subject to his/her

control to observe high standards of fidelity, diligence, and courtesy to litigants, jurors,

witnesses, lawyers, and others with whom they deal in their official capacity.

(3) A judge should initiate appropriate disciplinary measures against a judge or lawyer for

nonprofessional conduct of which the judge may become aware.

(1) A Tribal Court judge should disqualify him/herself in a proceeding in which his/her impartiality

might reasonably be questioned, including instances where:

(a) the judge has a personal bias or prejudice concerning a party or personal knowledge

of disputed evidentiary facts;

(b) the judge served as a lawyer, advocate, or personal representative in the matter

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

capacity served as a lawyer, advocate, or personal representative concerning the matter;

in his/her household) has a financial interest in the subject matter of the controversy or

is a party to the proceeding, or has any other interest that could be substantially affected

by the proceedings; or

(d) the judge or his/her spouse, or a person in a reasonably close family relationship to

either of them, or the spouse of such a person:

(1) is a party to the proceeding, or an officer, director, or trustee of a party;

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

(3) is known by the judge to have an interest that could be substantially affected

by the outcome of the proceeding; or

(4) is to the Tribal judge's knowledge likely to be a material witness in the

proceeding.

(D) Alternative to Disqualification. A judge disqualified pursuant to Rule 1.104(C)(1) hereunder may,

instead of withdrawing from the proceeding, disclose on the record the basis of his/her disqualification.

If based on such disclosure, the parties and lawyers or lay advocates, independent of the judge's

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

financial interest is insubstantial, the judge is no longer disqualified, and may participate in the

proceeding.

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/2009 amendments)

Page 2

Rule 1.105 Improvement of the Legal System and the Administration of Justice. A Tribal

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

justice. In fact, to the extent that his/her time permits, he/she is encouraged to do so, either

independently or through a legal/judicial association, judicial conference, or other organization dedicated

to the improvement of the law. Therefore, a judge subject to the proper performance of his/her judicial

duties may engage in the following activities:

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

custom, the legal system of the Tribe, the administration of justice, and the law in general;

(B) the judge may appear at a public hearing before a Tribal executive or legislative body or on official

matters concerning the Tribal legal system and the administration of justice of general concern to Tribal

members, or of personal concern. When speaking to the public, press, or others on matters other than

the administration of Tribal justice, the judge shall identify him/herself as the Tribal judge and shall make

it clear that he/she is not speaking in his/her capacity as a Tribal judge; and

agency devoted to the improvement of Tribal law, its legal system, or an organization of justice. The

judge may assist such an organization in raising funds and may participate in the management and

investments of such funds. He/she may make recommendations to public and private fund-granting

agencies on projects and programs concerning Tribal law, its legal system, and the administration of

justice.

Rule 1.106 Extra-Judicial Activities.

(A) Avocational Activities. A Tribal judge may write, lecture, teach, speak, and consult on non-legal

subjects, appear before public non-legal bodies, and engage in the arts, sports, and other social and

recreational activities, if such avocational activities do not detract from the dignity of his/her office or

interfere with the performance of his/her judicial duties.

(B) Civic and Charitable Activities. A Tribal judge may participate in civic and charitable activities that do

not reflect adversely upon his/her impartiality or interfere with the performance of his/her judicial duties.

A judge may serve as an officer, director, trustee, or non-legal advisor of a bona fide educational,

religious, charitable, fraternal, or civic organization, whether Tribal or otherwise, provided that a Tribal

judge does not participate if it is likely that the organization will be involved in proceedings which would

ordinarily come before him/her or would be involved in adversarial proceedings in any Tribal court.

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

his/her judicial duties, exploit his/her judicial position, or involve him/her in frequent business

transactions with lawyers or others likely to come before the Court on which he/she serves.

(2) Because it is recognized that the position of Tribal judge may be a part-time position, such a

Tribal judge may accept other employment and participate in the operation of a business, legal or

otherwise in nature, subject to the following:

(a) a part-time Tribal judge should not practice law either as a lawyer or an advocate:

(1) in a Tribal Court in which he/she serves; or

(2) in any court subject to the appellate jurisdiction of the Tribal Court or council

on which he/she serves; and

(b) a part-time Tribal judge should not act as a lawyer or advocate in any proceeding in

which he/she has served or in any related proceeding.

(3) Neither a judge nor a member of his/her family residing in the household should accept a gift,

bequest, favor, or loan from anyone if the same would affect or appear to affect his/her

impartiality.

(D) Extra-Judicial Appointments. A Tribal judge should not accept appointment to a governmental

committee, commission or other position that is concerned with issues of fact or policy on matters other

than the improvement of the law, the legal system, or the administration of justice. A Tribal judge may

represent the Tribe on ceremonial occasion or in connection with historical, educational, and cultural

activities.

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Rule 1.107 Political Activities.

(A) Political Activity. A Tribal Court judge should refrain from political activity inappropriate to his/her

judicial office. However, a judge or candidate for judicial office may attend political gatherings, speak to

such gatherings on his/her own behalf or on behalf of other judicial candidates, and/or contribute to a

political party.

(B) Tribal Council. A Tribal judge shall not be a candidate for or serve on the Tribal Council, nor shall a

Tribal judge be actively involved in the campaign of another for Tribal Council.

be interpreted in the Tribal community as supporting any political position except that the community has

the right and the responsibility to govern its own members and its own territory. All actions should be

consistent with this belief and supportive of this community standard. This prohibition does not mean a

judge cannot, if he/she chooses, engage in activities of electoral politics at the local, state, or national

level. This prohibition is specific as to politics adversely affecting the jurisdictional rights of the Tribal

community.

(D) Conduct of a Candidate. A candidate, including an incumbent judge, for a Tribal Judicial office that

is filled by Tribal election or appointment:

(1) should maintain the dignity appropriate to the judicial office and should refrain from any

political activity which might interfere with the performance of his/her judicial duties.

Furthermore, a Tribal Court judge should encourage members of his/her family to adhere to the

same standards of political conduct that apply to him/her; and/or

(2) should not make pledges or promises of conduct in judicial office other than the faithful and

impartial performance of the duties of the office, nor announce his/her views on disputed legal or

political issues.

(E) Continuing Educational Activities. A judge, regardless of his/her education and experiences prior to

being appointed or elected a judge, should seek further legal and pertinent non-legal education designed

to improve their performance as a judge.

Subchapter 1.200 Enforcement Of Ethical Rules

Rule 1.201 Definitions. When used in this chapter, unless context otherwise indicates:

(A) “Commission” means the Judicial Commission.

(B) “Complainant” means the person who files the request for investigation.

Chairperson’s direction.

(D) “Judicial Commission” means the Chief Justice and those persons appointed by the Chief Justice.

(E) “Judicial Commission Chairperson” means the person so appointed by the GTB Tribal Court.

(F) “Respondent” means an attorney, lay advocate, judge, or other Court personnel named in the request

for investigation or complaint.

(G) “Request for Investigation” means the first step in bringing alleged misconduct to the Judicial

Commission’ s attention.

(H) “Tribal Council” means the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Council.

Rule 1.202 Enforcement Responsibility/Procedure/Relationship to Tribal Personnel Policies.

(A) Enforcement Responsibility. The Judicial Commission shall have the responsibility for enforcing the

provisions of this chapter, including the Rules of Judicial Conduct, the Rules of Court Personnel, and the

Rules of Ethics for Lawyer and Lay Advocates as set forth in this chapter. Complaints shall not be

received by or acted on by the Tribal Council.

(B) Time Requirement for Rules. Within ninety (90) days of their appointment, the Judicial Commission

must develop and publish written rules and policies as to how it will operate and function.

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rather than any hearing procedures set forth within Rule 1.400. Similarly, these Rules are supplemental

to Tribal Personnel Policies or relevant Tribal Constitutional provisions shall control where there is any

inconsistency between these Rules of Ethics and the Tribal Personnel Policies or relevant Tribal

Constitutional Provisions.

Rule 1.203 Investigation.

(A) Receiving of a Complaint. Whenever the Judicial Commission shall receive from a complainant

information in writing indicating a provision has been violated, the Commission shall conduct an

investigation of the circumstances of the alleged violation. Such a request for investigation by a

complainant of alleged misconduct, including the approximate time and place of it, is to be signed and

dated by the complainant, and to be filed with the Judicial Commission.

(B) Conducting an Investigation. Upon the filing of a request for investigation, a member of the Judicial

Commission shall be appointed by said Commission to conduct and oversee the investigation and such

person shall be known as the Judicial Commission Chairperson.

the respondent of the subject being investigated.

(D) Misconduct by Respondent. The Judicial Chairperson may compel the respondent to answer

questions, furnish documents and present any information deemed relevant to the investigation. Failure

to do so on the part of the respondent is misconduct and grounds for discipline.

Rule 1.204 Review and Action Committee.

(A) Reporting Results. The Judicial Commission Chairperson shall report the results of each investigation

to the Judicial Commission and make a recommendation for disposition of the matter.

(B) Review. The Judicial Commission shall review the recommendation and determine whether to

dismiss the matter or initiate a disciplinary action.

Rule 1.205 Disciplinary Action; Procedure.

(A) If the Judicial Commission determines to proceed with a disciplinary action, said Commission shall

prepare a written notice of the allegation and serve the notice upon respondent.

(B) The respondent shall be given fifteen (15) days within which to answer the charges in writing and

request a hearing.

request.

(D) The hearing shall be conducted by the Judicial Commission under rules applicable to a trial of a civil

action in Tribal Court. The hearing shall be recorded and shall be open to the public.

(E) The Commission shall, at the conclusion of the hearing, determine based on the evidence presented

whether a provision has been violated by respondent.

Rule 1.206 Disciplinary Action; Disposition. If the Judicial Commission finds that a provision has

been violated, it shall make one of the following dispositions, taking into account the severity of the

offense and other factors the Judicial Commission deems relevant:

(A) issue a reprimand;

(B) suspend the respondent from his/her office or duties for a period of time;

(D) place respondent on probation for a specific period of time;

(E) require respondent to make restitution in an appropriate amount (where applicable); or

(F) admonish respondent, only by consent of said respondent.

Further, the Commission shall have the discretion to impose other disposition not referenced above

where the respondent is incompetent or incapacitated.

Rule 1.207 Appeal. [Deleted effective 3/20/2009.]

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Rule 1.208 Confidentiality.

(A) Investigation. All papers, files, and communications in an investigation and proceedings before the

Judicial Commission prior to the decision to proceed with a disciplinary action are confidential.

(B) After Service of a Notice. After service of a written notice on respondent under subrule 1.205(A), the

proceedings and all papers filed are public.

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CHAPTER 2

RULES OF ETHICS FOR ATTORNEYS AND LAY ADVOCATES

Subchapter 2.000 Attorney and Lay Advocate Conduct

Rule 2.001 Applicability of Rules. These Rules apply to all persons, whether licensed attorneys or lay

advocates, who are admitted to practice before the Tribal Court. It is recognized that attorneys who are

admitted to practice before the Court are also members of the State Bar of Michigan or some other state

and are subject to discipline under the appropriate state ethical rules. These Rules are not intended to

preempt or supersede and state authority to discipline attorneys for any conduct prohibited by these

Rules.

Rule 2.002 Purpose of Rules. These Rules are adopted both as an inspirational guide to the persons

practicing before the Tribal Court and as a basis for disciplinary action when the conduct of a person falls

below the required minimum standards stated in the Rules set forth in this chapter.

Rule 2.003 Definitions. When used in this chapter, unless the context otherwise indicates:

(A) “Belief” or “believes” denotes that the person involved actually supposed the fact in question to be

true. A person's belief may be inferred from circumstances, traditions and customs.

(B) “Consult” or consultation denotes communication of information reasonably sufficient to permit the

client to appreciate the significance of the matter in question.

of a corporation or other organization, and lawyers employed in a legal services organization.

(D) “Fraud” or “Fraudulent” denotes conduct having a purpose to deceive and not merely negligent

misrepresentation or failure to apprise another of relevant information.

(E) “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in question; a person's

knowledge of the fact in question; a person's knowledge may be inferred from circumstances.

(F) “Lawyer” includes a lay advocate admitted to practice before Tribal Court.

(G) “Partner” denotes a member of a partnership and a shareholder in a law firm organized as a

professional corporation.

(H) “Person” includes a corporation, association, a trust, a partnership, or any other organization or legal

entity.

(I) “Reasonable” or “reasonably believes,” when used in reference to a lawyer, denotes that the lawyer

believes the matter in question and that the circumstances are such that the belief is reasonable.

(J) “Reasonably should know,” when used in reference to a lawyer, denotes that a lawyer of reasonable

prudence and competence would ascertain the matter in question.

(K) “Substantial,” when used in reference to degree or extent, denotes a material matter of clear and

weighty importance.

(L) “Tribal Court,” means the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court.

Rule 2.004 Client-Lawyer Relationship.

(A) Competence. A lawyer shall provide competent representation to a client. A lawyer shall not:

(1) handle a legal matter which the lawyer knows or should know that the lawyer is not

competent to handle, without associating with a lawyer who is competent to handle it;

(2) handle a legal matter without preparation adequate in the circumstances; or

(3) neglect a legal matter entrusted to the lawyer.

(B) Scope of Representation.

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(1) A lawyer shall seek the lawful objectives of a client through reasonably available means

permitted by law and these Rules. A lawyer does not violate this Rule by acceding to reasonable

requests of opposing counsel which do not prejudice the rights of the client, by being punctual in

fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy

and consideration all persons involved in the legal process. A lawyer shall abide by a client's

decision whether to accept an offer of settlement or mediation evaluation of a matter. In a

criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as

to a plea to be entered, whether to waive a jury trial, and whether the client will testify .In

representing a client, a lawyer may where permissible, exercise professional judgment to waive

or fail to assert a right position of the client.

(2) A lawyer may limit the objectives of the representation if the client consents after

consultation.

(3) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer

knows is illegal or fraudulent, but a lawyer may discuss the legal consequences of any proposed

course of conduct with a client and may counselor assist a client to make a good-faith effort to

determine the validity, scope, meaning, or application of the law.

(4) When a lawyer knows that a client expects assistance not permitted by these Rules or other

law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer's

conduct.

(D) Communication.

(1) A lawyer shall keep a client reasonably informed about the status of a matter and comply

promptly with reasonable requests for information. A lawyer shall notify the client promptly of all

settlement offers, mediation evaluations, and proposed plea bargains.

(2) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to

make informed decisions regarding the representation.

(E) Fees.

(1) A lawyer shall not enter into an agreement for charge, or collect an illegal or clearly excessive

fee. A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence

would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. The

factors to be considered in determining the reasonableness of a fee include the following:

(a) the time and labor required, the novelty and difficulty of the questions involved, and

the skill requisites to perform the legal service properly;

(b) the likelihood, if apparent to the client, that the acceptance of the particular

employment will preclude other employment by the lawyer;

(d) the amount involved and the results obtained;

(e) the time limitations imposed by the client or by the circumstances;

(f) the nature and length of the professional relationship with the client;

(g) the experience, reputation, and ability of the lawyer(s) performing the services; and

whether the fee is fixed or contingent.

(2) When the lawyer has not regularly represents the client, the basis or rate of the fee shall be

communicated to the client, preferably in writing, before or within a reasonable time after

commencing the representation.

(3) A fee may be contingent on the outcome of the matter for which the service is rendered,

except in a matter in which a contingent fee is prohibited by subrule 2.004(B)(4) below or by

other law. A contingent-fee agreement shall be in writing and shall state the method by which

the fee is to be determined. Upon conclusion of a contingent-fee matter, the lawyer shall provide

the client with a written statement of the outcome of the matter and, if there is a recovery, show

remittance to the client and the method of its determination.

(4) A lawyer shall not enter into an arrangement for, charge, or collect a contingent fee in a

domestic relations matter or in a criminal matter.

(5) A division of a fee between lawyers who are not in the same firm may be made only if:

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(a) the client is advised of and does not object to the participation of all lawyers

involved; and

(b) the total fee is reasonable.

(F) Confidentiality of Information.

(1) “Confidence” refers to information protected by the client-lawyer privilege under applicable

law, and “secret” refers to other information gained in the professional relationship that the client

has requested be held inviolate or the disclosure of which would be embarrassing or would be

likely to be detrimental to the client.

(2) Except when permitted under subrule 2.004(F)(3) below, a lawyer shall not knowingly:

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

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

person, unless the client consents after full disclosure.

(3) A lawyer may reveal:

(a) confidence or secrets with the consent of the client(s) affected, but only after full

disclosure to them;

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

by law or by court order;

consequences of a client's illegal or fraudulent act in the furtherance of which the

lawyer's services have been use;

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

the crime; and

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

lawyer(s) employees or associates against an accusation of wrongful conduct.

(4) A lawyer shall exercise reasonable care to prevent employees, associates, and others whose

services are utilized by the lawyer from disclosing or using confidences or secrets of a client,

except that a lawyer may reveal the information allowed by subrule 2.004(F)(3) through an

employee.

(G) Conflict of Interest; General Rule.

(1) A lawyer shall not represent a client if the representation of that client will be directly adverse

to another client, unless:

(a) the lawyer reasonably believes the representation will not adversely affect the

relationship with the other client; and

(b) each client consents after consultation.

(2) A lawyer shall not represent a client if the representation of that client may be materially

limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's

own interest unless:

(a) the lawyer reasonably believes the representation will not be adversely affected; and

(b) the client consents after consultation. When representation of multiple clients in a

single matter is undertaken, the consultation shall include explanation of the implications

of the common representation and the advantages and risks involved.

(H) Conflict of Interest; Prohibited Transactions.

(1) A lawyer shall not enter into a business transaction with a client or knowingly acquire an

ownership, possessory, security, or other pecuniary interest adverse to a client unless:

(a) the transaction and terms on which the lawyer acquires the interest are fair and

reasonable to the client and are fully disclosed and transmitted in writing to the client in

a manner that can be reasonably understood by the client;

(b) the client is given reasonable opportunity to seek the advice of independent counsel

in the transaction; and

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(2) A lawyer shall not use information relating to representation of a client to the disadvantage

of the client unless the client consents after consultation except as permitted or required by

subrule 2.004(F) or 2.006(C).

(3) A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer

as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift,

except where the client is related to the donee.

(4) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an

agreement giving the lawyer literary or media rights to a portrayal or account based in

substantial part on information relating to the representation.

(5) A lawyer shall not provide financial assistance to a client in connection with pending or

contemplated litigation, except that:

(a) a lawyer may advance court costs and expenses of litigation, the repayment of which

shall ultimately be the responsibility of the client; and

(b) a lawyer representing an indigent client may pay court costs and expenses of

litigation on behalf of the client.

(6) A lawyer shall not accept compensation for representing a client from one other than the

client unless:

(a) the client consents after consultation;

(b) there is no interference with the lawyer's independence of professional judgment or

with the client-lawyer relationship; and

2.004(F).

(7) A lawyer who represents two or more clients shall not participate in making an aggregate

settlement of the claims of or against the clients, or in a criminal case, an aggregated agreement

as to guilty or no contest pleas, unless each client consents after consultation, including

disclosure of the existence and nature of all claims or pleas involved and of the participation of

each person in the settlement.

(8) A lawyer shall not:

(a) make an agreement prospectively limiting the lawyer's liability to a client for

malpractice unless permitted by law and the client is independently represented in

making the agreement; or

(b) settle a claim for such liability with an unrepresented client or former client without

first advising that person in writing that independent representation is appropriate in

connection therewith.

(9) A lawyer related to another lawyer as parent, child, sibling, or spouse shall not represent a

client in a representation directly adverse to a person whom the lawyer knows is represented by

the other lawyer except upon consent by the other consultation regarding the relationship.

(10) A lawyer shall not acquire a propriety interest in the cause action or subject matter of

litigation the lawyer is conducting for a client, except that the lawyer may:

(a) acquire a lien granted by law to secure the lawyer's fee or expenses; and

(b) contract with a client for a reasonable contingent fee in a civil case, as permitted by

subrule 2.004(E).

(I) Conflict of Interest; Former Client.

(1) A lawyer who has formerly represented a client in a matter shall not thereafter represent

another person in the same or a substantially related matter in which that person's interests are

materially adverse to the interests of the former client unless the former client consents after

consultation.

(2) Unless the former client consents after consultation, a lawyer shall not knowingly represent a

person in the same or a substantially related matter in which a firm with which the lawyer

formerly was associated has previously represented a client:

(a) whose interests are materially adverse to that person; and

(b) about whom the lawyer has acquired information protected by subrules 2.004(F)(1)(3).

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(3) A lawyer who has formerly represented a client in a matter or whose present or former firm

has formerly represented a client in a matter shall not thereafter:

(a) use information relating to the representation to the disadvantage of the former

client except as subrules 2.004(F) or 2.006(C) would permit or require with respect to a

client, or when the information has become generally known; or

(b) reveal information relating to the representation except as subrules 2.004(F) or

2.006(C) would permit or require with respect to a client.

(J) Imputed Disqualification; General Rule.

(1) While lawyers are associated in a firm, none of them shall knowingly represent a client when

anyone of them practicing alone would be prohibited from doing so by subrules 2.004(G), (H)(3),

(I)(1) and (I)(3) or 2.005(B).

(2) When a lawyer becomes associated with a firm, the firm may not knowingly represent a

person in the same or substantially related matter in which that lawyer, or firm with which the

lawyer was associated, is disqualified under subrule 2.004(I)(2), unless:

(a) the disqualified lawyer is screening from any participation in the matter and is

apportioned no part of the fee therefrom; and

(b) written notice is promptly given to the appropriate tribunal to enable it to ascertain

compliance with the provisions of this Rule.

(3) When a lawyer has terminated an association with a firm, the firm is not prohibited from

thereafter representing a person with interests materially adverse to those of a client represents

by the formerly associated lawyer, and not currently represented by the firm, unless:

(a) the matter is the same or substantially related to that in which the formerly

associated lawyer represented the client; and

(b) any lawyer remaining in the firm has information protected by subrules 2.004(F) and

(I)(3) that is material to the matter.

(4) A disqualification prescribed by this Rule may be waived by the affected client under the

conditions stated in subrule 2.004(G).

(K) Client Under a Disability.

(1) When a client's ability to make adequately considered decisions in connection with the

representation is impaired, whether because of minority or mental disability or for some other

reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer

relationship with the client.

(2) A lawyer may seek the appointment of a guardian or take other protective action with

respect to client only when the lawyer reasonably believes that the client cannot adequately act

in the client's own interest.

(L) Safekeeping Property.

(1) A lawyer shall hold property of clients or third persons that is in a lawyer's possession in

connection with a representation separate from the lawyer's own property. All funds of the client

paid to a lawyer or law firm, other than advances for costs and expenses, shall be deposited in

an interest bearing account in one or more identifiable banks, savings and loan associations, or

credit unions maintained in the state in which the law office is situated, and no funds belonging

to the lawyer or the law firm shall be deposited therein except as provided in this Rule. Other

property shall be identified as such and appropriately safeguarded. Complete records of such

account funds and other property shall be kept by the lawyer and shall be preserved for a period

of five years after termination of the representation.

(2) Upon receiving funds or other property in which a client or third person has an interest, a

lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise

permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or

third person any funds or other property that the client or third person is entitled to receive and,

upon request by the client or third person, shall promptly render a full accounting regarding such

property.

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(3) When in the course of representation, a lawyer is in possession of property in which both the

lawyer and another person claim interest, the property shall be kept separate by the lawyer until

there is an accounting and severance of their interest. If a dispute arises concerning their

respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute

is resolved.

(M) Declining or Terminating Representation.

(1) Except as stated in subrule 3.004(M)(3) below, a lawyer shall not represent a client or, where

representation has commenced, shall withdraw from the representation of a client if:

(a) the representation will result in violation of these Rules of Ethics or other law;

(b) the lawyer's physical or mental condition materially impairs the lawyer's ability to

represent the client; or

(2) Except as stated in subrule 3.004(M)(3) below, a lawyer may withdraw from representing a

client if withdrawal can be accomplished without material adverse effect on the interests of the

client, or if:

(a) the client persists in a course of action involving the lawyer's services that the lawyer

reasonably believes is criminal or fraudulent;

(b) the client has used the lawyer's services to perpetrate a crime or fraud;

imprudent;

(d) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's

services and has been given reasonable warning that the lawyer will withdraw unless the

obligation is fulfilled;

(e) the representation will result in an unreasonable financial burden on the lawyer or

has been rendered unreasonably difficult by the client; or

(f) other good cause for withdrawal exists.

(3) When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding

good cause for terminating the representation.

(4) Upon termination of representation, a lawyer should take reasonable steps to protect a

client's interests, such as giving reasonable notice to the client, allowing time for employment of

other counsel, surrendering papers and property to which the client is entitled, and refunding any

advance payment of fee that has not been earned. The lawyer may retain papers relating to the

client to the extent permitted by law.

Rule 2.005 Counselor. The following provisions shall apply when a lawyer serves in the role of

counselor.

(A) Advisor. In representing a client, a lawyer shall exercise independent professional judgment

and shall render candid advice. In rendering advice, a lawyer may refer not only to law but to

other consideration such as morel, economic, social, and political factors that may be relevant to

the client's situation.

(B) Intermediary.

(1) A lawyer may act as intermediary between clients if:

(a) the lawyer consults with each client concerning the implication of the

common representation, including the advantages and risks involved and the

effect on the client- lawyer privileges, and obtains each client's consent to the

common representation;

(b) the lawyer reasonably believes that the matter can be resolved on terms

compatible with the client's best interests, that each client will be able to make

adequately informed decisions in the matter, and that there is little risk of

material prejudice to the interests of any of the clients if the contemplated

resolution in unsuccessful; and

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undertaken impartially and without improper effect on other responsibilities the

lawyer has to any of the clients.

(2) While acting as intermediary, the lawyer shall consult with each client concerning the

decisions to be made and the considerations relevant in making them, so that each client

can make adequately informed decisions.

(3) A lawyer shall withdraw as intermediary if any of the clients so requests, or if any of

the conditions stated in subrule 3.005(B)(2) above is no longer satisfied. Upon

withdrawal, the lawyer shall not continue to represent any of the clients in the matter

that was subject of the intermediation.

(1) A lawyer may, for the use of someone other than the client, undertake an evaluation

of a matter affecting a client if:

(a) the lawyer reasonably believes that making the evaluation is compatible with

other aspects of the lawyer's relationship \with the client; and

(b) the client consents after consultation.

(2) Except as disclosure is required in connection with a report of an evaluation,

information relating to the evaluation is protected be subrule 3.004(F).

Rule 2.006 Advocate. The following provisions shall apply when a lawyer serves in the role of

advocate.

(A) Meritorious Claims and Contentions. A lawyer shall not bring or defend a proceeding, or assert or

controvert an issue therein, unless there is a basis for doing so that is not frivolous. A lawyer may offer a

good-faith argument for an extension, modification, or reversal of existing law. A lawyer for the

defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration,

may so defend the proceeding as to require that every element of the case be established.

(B) Expediting Litigation. A lawyer shall make reasonable efforts to expedite litigation consistent with the

interests of the client.

(1) A lawyer shall not knowingly:

(a) make a false statement of material fact or law to the Tribunal;

(b) fail to disclose a material fact to the Tribunal when disclosure is necessary to avoid

assisting a criminal or fraudulent act by the client;

the lawyer to be directly adverse to the position of the client and not disclosed by

opposing counsel; or

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

evidence and comes to know of its falsity, the lawyer shall take reasonable remedial

measures.

(2) The duties stated in subrule 2.006(C)(1) above continue to the conclusion of the proceeding,

and apply even if compliance requires disclosure of information otherwise protected by subrule

2.004(F).

(3) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(4) In an ex parte proceeding, a lawyer shall inform the Tribunal of all material facts that are

known to the lawyer and that will enable the Tribunal to make an informed decision, whether or

not the facts are adverse.

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

(1) unlawfully obstruct another party's access to evidence, unlawfully alter, destroy, or conceal a

document or other material having potential evidentiary value, or counselor assist another person

to do any such act;

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

witness that is prohibited by law;

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(3) knowingly disobey an obligation under the rules of Tribunal except for an open refusal based

on an assertion that no valid obligation exists;

(4) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent

efforts to comply with a legally proper discovery request by an opposing party;

(5) during trial, allude to any matter that the lawyer does not reasonably believe is relevant or

that will not be supported by admissible evidence, assert personal knowledge of facts in issue

except when testifying as a witness, the culpability of a civil litigant, or the guilt or innocence of

an accused; or

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

another party, unless:

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

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

affected by refraining from giving such information.

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

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

law; or

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

by law.

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

(F) Trial Publicity. A lawyer shall not make an extrajudicial statement that a reasonable person would

expect to be disseminated by means of public communication if the lawyer knows or reasonably should

know that it will have substantial likelihood of materially prejudicing an adjudicative proceeding.

(G) Lawyer as Witness.

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

witness except where:

(a) the testimony relates to an uncontested issue;

(b) the testimony related to the nature and value of legal services rendered in the case;

(2) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to

be called as a witness unless precluded from doing so by subrules 2.004(G) and (I).

Rule 2.007 Special Responsibilities of a Prosecutor. The prosecutor in a criminal case shall:

(A) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(B) make reasonable efforts to assure that the accused has been advised of the right to, and the

procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

right to preliminary hearing;

(D) make timely disclosure to the defense of all evidence or information known to the prosecutor that

tends to negate the guilt of the accused or mitigates the degree of the offense, and in connection with

sentencing, disclose to the defense and to the Tribunal all underprivileged mitigating information known

to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of

the Tribunal; and

(E) exercise reasonable care to prevent investigators, law enforcement personnel, employees, or other

persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial

statement that the prosecutor would be prohibited from making under subrule 2.007(F) and (I)(1).

(F) The responsibility of a Tribal prosecutor differs from that of the usual advocate, as it is his/her duty

to seek justice, not merely to convict. The special duty exists because:

(1) the prosecutor represents the sovereignty of the Tribe and therefore should use restraint in

the discretionary exercises of governmental powers, such as in the selection of cases to

prosecute;

(2) during trial, the prosecutor is not only an advocate but he/she may also make decisions

normally, and by an individual client and those affecting the public interest should be fair to all;

and

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(3) in the tribunal system of criminal justice, a person charged is to be given the benefit of all

reasonable doubts.

(G) Consequently, with respect to evidence and witnesses, the prosecutor has responsibilities different

from those of a lawyer in private practice.

Rule 2.008 Other Provisions Regarding a Prosecutor. As a result of the special responsibilities of a

prosecutor, the following provisions also apply to prosecutors:

(A) Tribal Publicity. A Tribal prosecutor participating in or associated with the investigation of a criminal

matter may not make or participate in making any extrajudicial statement that a reasonable person would

expect to be disseminated by means of public communication and that does more than state without

elaboration;

(1) information contained in a public record;

(2) that the investigation is in progress;

(3) the general scope of the investigation including a description of the offense, and if permitted

by law, the identity of the victim;

(4) a request for assistance in apprehending a suspect or assistance in other matters and the

information necessary to the request for assistance; or

(B) Moral Character and Public Behavior.

(1) Tribal prosecutors shall strive to attain and maintain moral character which is consistent with

their Tribal community responsibility.

(2) Tribal prosecutors will have the responsibility in their daily conduct for acting so as to be free

as possible from actions which wrongfully harm others or which are motivated by reasons not in

the community interest. This is not meant to encourage Tribal prosecutors to be judgmental of

the conduct of other members of the community. Rather, it is intended to remind them that their

responsibility is for their behavior, for it is by their behavior in court and in the community, that

Tribal law enforcement will be judged by the community.

(3) Tribal prosecutors shall conduct themselves in public consistent with the belief that the Court

is part of the community. They will respond to all inquires concerning the Court in a friendly

manner to ensure the development of knowledge in the community about the Court.

(1) No Tribal prosecutor may receive any fee or reward from or on behalf of any victim or other

individual for services in any prosecution or business which it is the Tribal prosecutor's official

duty to attend.

(2) No Tribal prosecutor while in office is eligible for or may hold any judicial office.

(3) No person who acted as Tribal prosecutor at the time of the citation issuance, arrest, or

bringing of charges against any person by the Tribe may thereafter appear for or defend that

person against the charges

(D) Refraining from Criticism. Tribal prosecutors shall refrain from public and private criticism of other

officers of the Court except as set out in these Rules as being their responsibility. Tribal prosecutors shall

not engage in discussions whose sole purpose or main thrust shall be criticism of any officers of the

Court, for example, judges, advocates, attorneys, or law enforcement officers, in public or in private,

except that constructive criticism designed to improve the performance of the individual may be given in

a kind manner. Said constructive criticism should only be delivered in a form conducive to the purpose of

the constructive criticism.

Rule 2.009 Political Activities.

(A) Political Activity. The political activity of the Tribal prosecutors hall be consistent with the support of

the community's jurisdictional rights. Tribal prosecutors will refrain from all political activities or actions

which could be interpreted in the community as supporting any political position except that the

community has the right and the responsibility to govern its own members and its own territory .All

actions should be consistent with this belief and supportive of this community standard.

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(B) Electoral Politics. This prohibition does not mean that Tribal prosecutors cannot, if they choose,

engage in activities of electoral politics at the local, state, national, or Tribal level. This prohibition is

specific as to the politics adversely affecting the jurisdictional rights of the Tribal community.

Rule 2.010 Avocational and Financial Activities.

(A) Avocational. A Tribal prosecutor may write, lecture, teach, and speak on any subject, and engage in

the arts, sports, and other social and recreational activities of the Tribe, if those activities do not interfere

with the performance of his/her duties. A Tribal prosecutor may participate on Tribal committees and in

any Tribal educational, religious, charitable or similar organization.

(B) Financial.

(1) A Tribal prosecutor shall avoid financial and business dealings that tend to reflect adversely

on his/her impartiality, interfere with the performance of his/her prosecutorial duties, exploit the

prosecutor's position, or involve him/her in frequent transactions with lawyers and others likely to

be involved in the opposing side in Tribal court cases. The Tribal prosecutor may, however, hold

other employment or participate in the operation of a business.

(2) Neither the Tribal prosecutor nor any member of his/her family or household shall accept a

gift, bequest, favor, or loan from anyone which would affect or appear to affect his/her

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

Rule 2.011 Disqualification.

(A) Impartiality. A Tribal prosecutor shall disqualify him/herself from acting as prosecutor in any

proceeding in which his/her impartiality might reasonably be questioned, including instances where:

(1) the Tribal prosecutor has a personal bias or prejudice concerning a party or personal

knowledge of disputed evidentiary facts;

(2) the Tribal prosecutor served as a lawyer, advocate, or personal representative in the matter

before the Court, or a person with whom the Tribal prosecutor has been associated in a

professional capacity served as a lawyer, advocate, or personal representative concerning the

matter;

(3) the Tribal prosecutor knows that he/she individually or a member of his/her family or

household, has a financial interest in the subject matter in controversy or is a party to the

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

(4) the Tribal prosecutor, or a member of his/her family or household:

(a) is a party to the proceeding, or an officer, director, or trustee of a party;

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

proceeding.

(B) Advocate in Nonadjudicative Proceedings. A lawyer representing a client before a legislative or

administrative tribunal in nonajudicative proceedings shall disclose that the appearance is in a

representative capacity and shall conform to the provisions of subrules 3.006(C)(1)-(3), (D)(1)-(3) and

(E).

Rule 2.012 Transactions with Persons other than Clients.

(A) Truthfulness in Statements to Others. In the course of representing a client, a lawyer shall not

knowingly make a false statement of material fact or law to a third person.

(B) Communication with a Person Represented by a Lawyer. In representing a client, a lawyer shall not

communicate about the subject of the recommendation with a party whom the lawyer knows to be

represented in the matter by another lawyer, unless the lawyer has consent of the other lawyer or is

authorized by to do so.

represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the

lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role

in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.

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(D) Respect for Rights of Third Person. In representing a client, a lawyer shall not use means that have

no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of

obtaining evidence that violate the legal rights of such a person.

Rule 2.013 Law Firms and Associations. These provisions apply to law firms and associations and all

law partners or lawyers employed by said firms or associations.

(A) Responsibilities of a Partner or Supervisory Lawyer.

(1) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect

measures giving reasonable assurance that all lawyers in the firm conform to these Rules of

Ethics.

(2) A lawyer having direct supervisory authority over another lawyer shall make reasonable

efforts to ensure the other lawyer conforms to these Rules of Ethics.

(3) A lawyer shall be responsible for another lawyer's violation of these Rules of Ethics if:

(a) the lawyer orders or, with knowledge of the relevant facts and the specific conduct,

ratifies the conduct involved; or

(b) the lawyer is a partner in the law firm in which the other lawyer practices or has

direct supervisory authority over the other lawyer, and knows of the conduct at a time

when its consequences can be avoided or mitigated but fails to take reasonable remedial

action.

(B) Responsibilities of a Subordinate Lawyer.

(1) A lawyer is bound by these Rules of Ethics notwithstanding that the lawyer acted at the

direction of another person.

(2) A subordinate lawyer does not violate these Rules if that lawyer acts in accordance with a

supervisory lawyer's reasonable resolution of an arguable question of professional duty.

retained by, or associated with a lawyer:

(1) a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect

measured giving reasonable assurance that the person's conduct is compatible with the

professional obligations of the lawyer;

(2) a lawyer having direct supervisory authority over the non-lawyer shall make reasonable

efforts to ensure that the person's conduct is compatible with the professional obligations of the

lawyer; and

(3) a lawyer shall be responsible for conduct of such a person that would be a violation of these

Rules if engaged in by a lawyer if:

(a) the lawyer orders or, with knowledge of the relevant facts and the specific conduct,

ratifies the conduct involved; or

(b) the lawyer is a partner in a law firm in which the person is employed or has direct

supervisory authority over the person and knows of the conduct at a time when its

consequences can be avoided or mitigated but fails to take reasonable remedial action.

(D) Professional Independence of a Lawyer.

(1) A lawyer or law firm shall not share legal fees with a non-lawyer , except that:

(a) an agreement by a lawyer with the lawyer's firm, partner, or associate may provide

for the payment of money, over a reasonable period of time after the lawyer's death, to

the lawyer's estate, or to one or more specified persons;

(b) a lawyer who purchases the practice of a deceased, disabled, or disappeared lawyer

may pay to the estate the agreed upon purchase price; and

retirement plan, even though the plan is bases in whole or in part on a profit-sharing

arrangement.

(2) A lawyer shall not form a partnership with a non-lawyer if any of the activities of the

partnership consist of the practice of law.

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(3) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render

legal services for another to direct or regulate the lawyer's professional judgment in rendering

such legal services.

(4) A lawyer shall not practice with or in the form of a professional corporation or association

authorized to practice law for profit, if:

(a) a non-lawyer owns any interest therein, except that a fiduciary representative of the

estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time

during administration;

(b) a non-lawyer is a corporate director or officer thereof; or

(E) Unauthorized Practice of Law. A lawyer shall not:

(1) Practice law in a jurisdiction where doing so violates the regulation of the legal profession in

that jurisdiction; or

(2) assist a person which is not a member of the bar in the performances of activity that

constitutes the unauthorized practice of law, except lay advocates or those acting in pro per .

(F) Restrictions on Right to Practice. A lawyer shall not participate in offering or making:

(1) a partnership or employment agreement that restrict the right of a lawyer to practice after

termination of the relationship, except an agreement concerning benefits upon retirement; or

(2) an agreement in which a restriction on the lawyer's right to practice is part of the settlement

of a controversy between private parties.

Rule 2.014 Public Service. The following provisions shall apply to lawyers with regard to public

service.

(A) Pro Bono Public Service. A lawyer should render public interest legal service. A lawyer may

discharge this responsibility by providing professional services at no fee or a reduced fee to persons of

limited means, or to public service or to charitable groups or organizations. A lawyer may also discharge

this responsibility by service in activities for improving Tribal law, the Tribal judicial system, or the legal

profession, and by financial support for organizations that provide legal services to persons of limited

means.

(B) Accepting Appointments. A lawyer shall not seek to avoid appointments by the Court to represent a

person except for good cause, such as:

(1) representing the client is likely to result in violation of these Rules of Ethics or other Tribal

law;

(2) representing the client is likely to result in an unreasonable financial burden on the lawyer; or

(3) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer

relationship or the lawyer's ability to represent the client.

organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization

serves persons having interests adverse to client of the lawyer. The lawyer shall not knowingly

participate in a decision or action that could have a material adverse effect in the representation of a

client of the organization whose interests are adverse to a client of the lawyer.

(D) Law Reform Activities Affecting Client Interest. A lawyer may serve as a director, officer, or member

of an organization involved in reform of the law or administration of the law notwithstanding that the

reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a

client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose

that fact but need not identify the client.

Rule 2.015 Information About Legal Services.

(A) Communications Concerning a Lawyer's Services. A lawyer may, on the lawyer's own behalf, on

behalf of a partner or associate, or on behalf of any other lawyer affiliated with the lawyer or the lawyer's

firm, use or participate in the use of any form of public communication that is not false, fraudulent,

misleading, or deceptive. A communication shall not:

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(1) contain a material misrepresentation of fact or law, or omit a fact necessary to make the

statement considered as a whole not materially misleading;

(2) be likely to create an unjustified expectation about results the lawyer can achieve by means

that violate these Rules of Ethics or other Tribal law; or

(3) compare the lawyer's services with other lawyer's services, unless the comparison can be

factually substantiated.

(B) Advertising.

(1) Subject to the provision of these Rules, a lawyer may advertise.

(2) A copy or recording of an advertisement or communication shall be kept for two years after

its last dissemination along with a record of when and where it was used.

(3) A lawyer shall not give anything of value to a person for recommending the lawyer's services,

except that a lawyer may pay the reasonable cost of advertising or communication permitted by

these Rules.

(1) A lawyer shall not solicit professional employment from a prospective client with whom the

lawyer has no family or prior professional relationship when a significant motive for the lawyer's

doing so is the lawyer's pecuniary gain. The term “solicit” includes contact in person, by

telephone or telegraph, by letter or other writing, or by other communication directed to a

specific recipient, but does not include letters addressed or advertising circulars distributed

generally to persons not known to need legal services of the kind provided by the lawyer in a

particular matter, but who are so situated that they might in general find such services useful,

nor does the term “solicit” include “sending truthful and non-deceptive letters to potential clients

known to face particular legal problems” as elucidated in Shapero v Kentucky Bar Ass'n., 486 U.S.

466, 108 S.Ct. 1916, 100 L.Ed.2d 475 (1988).

(2) A lawyer shall not solicit professional employment from a prospective client by written or

recorded communication or by in- person or telephone contact even when not otherwise

prohibited by subrule 2.015(C), if:

(a) the prospective client has made known to the lawyer desire not to be solicited by

the lawyer; or

(b) the solicitation involves coercion, duress, or harassment.

(D) Communication of Fields of Practice. A lawyer may communicate the fact that the lawyer does or

does not practice in particular fields of law.

Rule 2.016 Maintaining the Integrity of the Profession.

(A) Bar Admission and Disciplinary Matters. An applicant for admission to any state or Tribal bar, or a

lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall

not:

(1) knowingly make a false statement of material fact; or

(2) fail to disclose a fact necessary to correct a misapprehension known to the person to have

arisen in the matter, or knowingly fail to respond to a lawful demand for information from an

admissions or disciplinary authority, except that this Rule does not requires disclosure of

information protected by subrule 2.004(F).

(B) Judicial and Legal Officials.

(1) A lawyer shall not make a statement that the lawyer knows to be false or with reckless

disregard as to its truth or falsity concerning the qualification or integrity of a judge, adjudicative

officer, or public legal officer, or of a candidate for election or appointment to judicial or legal

office.

(2) A lawyer who is a candidate for judicial office shall comply with the applicable provision of

the Rule of Ethics for Tribunal Court Judges, Chapter 1.

(1) A lawyer having knowledge that another lawyer has committed a significant violation of these

Rules that raises a substantial question as to that lawyer's honesty, trustworthiness, or fairness

as a lawyer shall inform the Judicial Commission.

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(2) A lawyer having knowledge that a judge has committed a significant violation of the Rules of

Ethics for Tribal Court Judges that raises a substantial question as to the judge's honesty,

trustworthiness, or fairness for office shall inform the Judicial Commission.

(3) This Rule does not require disclosure of information otherwise protected by subrule 2.004(F).

(D) Misconduct. It is professional misconduct for a lawyer to:

(1) violate or attempt to violate these Rules, knowingly assist or induce another to do so, or do

so through the acts of another;

(2) engage in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the

criminal law, where such conduct reflects adversely on the lawyer's honesty, trustworthiness, or

fairness as a lawyer;

(3) engage in conduct that is prejudicial to the administration of justice;

(4) state or imply an ability to influence improperly a government agency or official; or knowingly

assist a judge or judicial officer in conduct that is a violation of the Rules of Ethics for Tribal Court

Judges or other Tribal law.

(E) Jurisdiction. A lawyer admitted to practice in the Tribal jurisdiction although engaged in practice

elsewhere. A lawyer who is admitted to practice in another jurisdiction and who is practicing in this Tribal

jurisdiction is subject to the disciplinary authority of this jurisdiction.

Subchapter 2.100 Enforcement Of Ethical Rules

Rule 2.101 Definitions. When used in this chapter, unless context otherwise indicates:

(A) “Commission” means the Judicial Commission.

(B) “Complainant” means the person who files the request for investigation.

Chairperson's direction.

(D) “Judicial Commission” means the Chief Justice and those persons appointed by the Chief Justice.

(E) “Judicial Commission Chairperson” means the person so appointed by the GTB Tribal Court.

(F) “Respondent” means an attorney, lay advocate, judge, or other Court personnel named in the

request for investigation or complaint.

(G) “Request for Investigation” means the first step in bringing alleged misconduct to the Judicial

Commission's attention.

(H) “Tribal Council” means the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Council.

Rule 2.102 Enforcement Responsibility/Procedure/Relationship to Tribal Personnel Policies.

(A) Enforcement Responsibility. The Judicial Commission shall have the responsibility for enforcing the

provision of this chapter, including the Rules of Judicial Conduct, the Rules of Court Personnel, and the

Rules of Ethics for Lawyer and Lay Advocates as set forth in this chapter. Complaints shall not be

received by or acted on by the Tribal Council except as appeals under Rule 1.207.

(B) Time Requirement for Rules. Within ninety (90) days of their appointment, the Judicial Commission

must develop and publish written rules and policies as to how it will operate and function.

rather than any hearing procedures set forth within Rule 1.400. Similarly, these Rules are supplemental

to Tribal Personnel Policies or relevant Tribal Constitutional provisions shall control where there is any

inconsistency between these Rules of Ethics and the Tribal Personnel Policies or relevant Tribal

Constitutional Provisions.

Rule 2.103 Investigation.

(A) Receiving of a Complaint. Whenever the Judicial Commission shall receive from a complainant

information in writing indicating a provision has been violated, the Commission shall conduct an

investigation of the circumstances of the alleged violation. Such a request for investigation by a

complainant of alleged misconduct, including the approximate time and place of it, to be signed and

dated by the complainant, and be filed with the Judicial Commission.

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(B) Conducting an Investigation. Upon the filing of a request for investigation, a member of the Judicial

Commission shall be appointed by said Commission to conduct and oversee the investigation and such

person shall be known as the Judicial Commission Chairperson.

the respondent of subject investigated.

(D) Misconduct by Respondent. The Judicial Chairperson may compile the respondent to answer

questions, furnish documents and present any information deemed relevant to the investigation. Failure

to do so on the part of the respondent is misconduct and grounds for discipline.

Rule 2.104 Review and Action Committee.

(A) Reporting Results. The Judicial Commission Chairperson shall report the results of each investigation

to the Judicial Commission and make a recommendation for disposition of the matter.

(B) Review. The Judicial Commission shall review the recommendation and determine whether to

dismiss the matter or initiate a disciplinary action.

Rule 2.105 Disciplinary Action; Procedure.

(A) If the Judicial Commission determines to proceed with a disciplinary action, said Commission shall

prepare a written notice of the allegation and serve the notice upon respondent.

(B) The respondent shall be given fifteen (15) days within which to answer the charges in writing and

request a hearing.

request.

(D) The hearing shall be conducted by the Judicial Commission under rules applicable to a trial of a civil

action in Tribal Court. The hearing shall be recorded and shall be open to the public.

(E) The Commission shall, at the conclusion of the hearing, determine based on the evidence presented

whether a provision has been violated by respondent.

Rule 2.106 Disciplinary Action; Disposition. If the Judicial Commission find that a provision has

been violated, it shall make one of the following dispositions, taking into account the severity of the

offense and other factors the Judicial Commission deems relevant:

(A) issue a reprimand;

(B) suspend the respondent from his/her office or duties for a period of time;

(D) place respondent on probation for a specific period of time;

(E) require respondent to make restitution in an appropriate amount (where applicable); or

(F) admonish respondent, only by consent of said respondent further, the Commission shall have the

discretion to impose other disposition not referenced above where the respondent is incompetent or

incapacitated.

Rule 2.107 Appeal. [Deleted effective 3/20/2009.]

Rule 2.108 Confidentiality.

(A) Investigation. All papers, files, and communications in an investigation and proceedings before the

Judicial Commission prior to the decision to proceed with a disciplinary action are confidential.

(B) After Service of a Notice. After service of a written notice on respondent under Rule 2.405(A), the

proceedings and all papers filed are public.

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CHAPTER 3

CODE OF CONDUCT FOR TRIBAL COURT EMPLOYEES

Rule 3.001 Introduction. Employees of the Tribal Court hold highly visible positions of public trust.

Tribal Court employees must conduct their business in an environment and in a manner that favorably

reflects the ideals consistent with the fundamental values of the Tribal judicial system. These values

include: fairness, accessibility, accountability, effectiveness, responsiveness and independence. Their

actions at all times should uphold and increase the public trust and confidence in the judicial branch of

the Tribal government, reflect the highest degree of integrity, and demonstrate commitment to each

principle embodied in this code.

Rule 3.002 Definitions.

(A) “Confidential information” includes, but is not limited to, information on pending cases that is not

already a matter of public record and information concerning decision-making processes of particular

judges.

(B) “Code of Conduct” means this Code of Conduct for Tribal Court Employees.

ability and/or independent judgment in the performance of their official duties may be impaired; or when

the court employee (including family) may receive a direct or indirect benefit resulting from any official

action.

(D) “Court employee” includes all employees of the court (i.e., full-time staff, part-time staff, volunteers,

independent contractors, etc.) who represent the court and are therefore covered by this Code of

Conduct. “Court employee” does not include judges whose conduct is regulated by Chapter I of these

Court Rules.

(E) “Legal Advice” is advising someone to follow a specific or general course of action or to interpret law

as it relates to a specific case or set of facts. For example, court personnel may provide: legal and

procedural definitions; cites of statutes, court rules; public case information; general information on court

operations; access to the court; general referrals; forms and instructions on how to complete forms.

However, examples of what court personnel cannot provide or do include: legal interpretations;

procedural advice; research of statutes, court rules and ordinances; confidential case information;

confidential or restricted information on court operations; opinions; denying access to the court;

discouraging or encouraging court filings; subjective or biased referrals; fill out forms for a party.

(F) “Procedural information” refers to identifying court rules, statutes, procedures or options in general.

Rule 3.003 Applicability. This Code of Conduct applies to all court employees, including, but not

limited to, the positions of court clerk, court magistrate, court administrator, probation officer,

peacemaking coordinator, drug court coordinator, program director, administrative assistant, or any other

employee of the court, whether such employment is full-time, part-time, or on a pro tempore or contract

basis.

Rule 3.004 Integrity and Independence of Court Employees. Court personnel should uphold the

integrity and independence of the Tribal Judiciary and the court in that an independent and honorable

judiciary is indispensible to the administration of justice in the Tribal community. Therefore, court

employees should observe and impart to other Court employees high standards of conduct so that the

integrity and independence of the Tribal Judiciary may be preserved. The provisions in this Code of

Conduct should be construed and applied to further these objectives. The standards of this Code of

Conduct shall not affect nor preclude other standards which may be promulgated by the Court.

Rule 3.005 Integration with Grand Traverse Band Government Personnel Policy.

(A) To the extent possible and where not otherwise in conflict with this Code of Conduct, the Tribal

Judiciary adopts by reference the provisions of the Grand Traverse Band Government Personnel Policy

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(hereinafter “GTB Personnel Policy”), including any amendments made from time to time subsequent to

the adoption of this Code of Conduct. This Code of Conduct is intended to spell out and give notice to all

court employees of the higher standards of conduct expected of them beyond the standard provisions of

the GTB Personnel Policy. Each court employee shall be required to sign a written acknowledgement of

their obligation to follow this Code of Conduct as a court employee, in addition to the GTB Personnel

Policy.

(B) If there is any conflict between the provisions of this Code of Conduct and the GTB Personnel Policy,

the rules stated in this Code of Conduct shall govern.

and/or unethical conduct under the GTB Personnel Policy. Except as otherwise provided in this Code of

Conduct, any disciplinary action taken against a court employee shall be taken pursuant to the

procedures outlined under the GTB Personnel Policy. Any court employees discharged from employment

pursuant to this Code of Conduct will have the right to dispute their discharge from employment pursuant

to the provisions of the GTB Personnel Policy.

Rule 3.006 Enforcement of Code of Conduct. Violation of this Code of Conduct by a court employee

shall be considered misconduct and grounds for discipline, up to and including immediate involuntary

termination of employment. The involuntary termination of a court employee shall be the result of a

recommendation from the Court Administrator as reviewed and approved by the Chief Judge, except

where the violation is alleged to have occurred by the Court Administrator, in which case the Chief Judge

shall take sole action. A written determination of cause for discharge must be presented to the Chief

Judge who shall approve of the termination of a court employee only when credible evidence of cause

exists under this Code of Conduct and/or the GTB Personnel Policy.

Rule 3.100 Abuse of Position.

(A) Court employees will not use or attempt to use their position to secure unwarranted privileges for

themselves or others.

(B) Court employees will not solicit or accept, or appear to solicit or accept, any gift, favor, or anything of

value based upon any material understanding that the official actions, decisions, or judgments of any

court employee would be influenced.

to any person, whether or not for compensation, or permit family, social, or other relationships to

influence or appear to influence my official conduct or judgment.

(D) Court employees will not request or accept anything of value beyond their compensation, as provided

by the Tribal Court, for court related work.

(E) Court employees will use the resources, property, and funds under their official control judiciously and

solely in accordance with prescribed legal and court operating procedures.

(F) Court employees will provide all court patrons with appropriate procedural information and will not

give legal advice, unless the court employee is a licensed attorney at law and has specific authorization of

the Chief Judge and their immediate supervisor to do so.

Comments on Rule 3.100:

Rule 3.100 of the Code of Conduct addresses the use of the real or apparent power of a position as a

court employee to “benefit” the employee or someone else personally. There are many degrees of “abuse”

ranging from the seemingly inconsequential to situations in which the average person would immediately

conclude a court employee is obviously abusing their position. The Code does not attempt to define exactly

what “abuse” is or try to quantify the amount an employee must benefit before a situation becomes

abusive. The Code expresses ideals against which employees should measure their conduct.

Rule 3.100(A) addresses the concept of the use of a court position to secure “privileges” or

“exemptions.” Generally these would be special considerations given by others to the employee specifically

because of the position as a court employee. Court employees should treat everyone with the same

courtesy, tact and efficiency and expect to be treated that way. The enjoyment of special privileges or

exemptions by an employee gives the impression that they are more special than ordinary people and

reflects poorly on the notion that the judicial system and its employees are impartial. The acceptance of

“partiality” by a court employee gives rise to the belief that the employee is partial.

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Rule 3.100(B) addresses the soliciting or acceptance of any gift, favor or thing of value based on an

understanding that official actions will be influenced. The solicitation or acceptance of a gift with the

understanding that something will be done in return contravenes the core of the ideals expressed in this

section. Public service should be delivered impartially, with equal service to all users. The administration of

justice is subverted if employees appear to deliver service in a quid pro quo arrangement or to appear to do

so. All users of the justice system must be treated equally. Gifts of any sort raise a question as to the

independence of the employee. An understanding may be tacit on the part of the donor that the employee

will look favorably upon the donor in the future. It will certainly seem so to observers. Seemingly small and

innocent gifts may soon lead to larger ones, more and more threatening the integrity of the employee.

Rule 3.100(C) states the corollary that the official actions of an employee should not be affected or

appear to be affected by kinship, rank, position or influence of any party or person. Many times relationships

place temptation upon the employee to provide special service or non-service. Again, differential treatment

in any of these situations undermines the integrity of the employee and the judicial system. In situations

where an employee may appear to be favoring a relative or influential person, an employee could advise

and seek counsel from their supervisor. An employee could also make sure another employee participates

in the transaction so that the appearance of special unilateral action is eliminated.

Rule 3.100(D) emphasizes that the compensation of court employees is to be provided by the Tribal

Court through their salary and benefits. An employee should not request or accept any additional

compensation for doing their duty as a court employee. Acceptance of any additional compensation for

doing their duty gives rise to the impression that the court employee will be responsive to the needs of the

donor.

Rule 3.100(E) addresses the ideal that a court employee is a steward of the public resources that are

placed at their disposal. Funds should be expended carefully, only for the purposes intended by the Tribal

Court. Pitfalls could include such temptations as personal telephone calls at court expense, personal use of

government property, such as pens, pencils, paper, printers, computers, vehicles, etc, or the use of funding

unit property to assist non-employees in some way as a favor.

Rule 3.100(F) addresses the temptation to answer the many questions asked by users of the court

which call for legal advice. There may be some attorney employees who are licensed to practice law and are

authorized by the Chief Judge to tread into the area of legal advice. The Code acknowledges this. Other

employees must not do so. On the other hand, avoidance of legal advice does not mean that employees

should be afraid to provide excellent customer service. Legal advice does not refer to accurate information

about the court or court procedures. Pitfalls arise when individuals describe a factual situation and ask for

information on what they should or should not do.

Rule 3.200 Conflict of Interest.

(A) Court employees will avoid conflicts of interest and the appearance of conflicts of interest in the

performance of their duties.

(B) Court employees will not engage in outside employment which may conflict or appear to conflict with

the performance of their official responsibilities.

Comments on Rule 3.200:

Rule 3.200(A) infers that a conflict of interest exists when the court employee’s ability to perform

his or her duty is impaired or when the court employee, his or her family, or business would derive some

benefit as a result of his or her position within the court system. Employees are obligated to perform their

duties in a fair, impartial and objective manner. It is, therefore, required that employees avoid situations

that would impair their ability to fulfill that obligation.

Examples of conflicts of interest are:

1. Employee entering contract directly or indirectly for services, supplies, equipment or realty with the

court system.

2. Employees providing information to a company that would provide an advantage to that company

over other companies.

Rule 3.200(B) indicates that the court employee’s position with the court system must be his or her

primary employment. Outside employment must be fulfilled outside of the normal working hours of the

court and it must not be in conflict or interfere with the performance of the employee’s duties and

responsibilities at the court. No form of outside employment shall be performed utilizing the resources of

the court and shall not require or induce the employee to disclose information acquired in the course of his

or her official duties. Outside employment should not reflect adversely on the integrity of the court. One

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example of employment which appears to be a conflict of interest and adversely reflect on the integrity of

the court would be probation staff working for treatment agencies.

Rule 3.300 Confidentiality.

(A) Court employees will not disclose to any unauthorized person any confidential information acquired in

the course of their court employment.

Comments on Rule 3.300:

Sensitive information acquired by court employees in the course of performing their official duties

should never be revealed until it is made a matter of public record. Even when the information becomes

public, court employees should exercise a great deal of discretion. Sometimes breaches of confidentiality do

not involve intentional disclosures of official court records. Some are the result of innocent and casual

remarks about pending or closed cases, about participants in litigation or about juries which could give

attorneys, litigants and reporters confidential information. Such remarks can seriously compromise a case or

a person’s standing in the community. Court staff should discuss cases only for legitimate reasons, and

should handle sensational or sensitive cases with great care and discretion. Examples of confidentiality

issues are not limited to cases. Personnel, probation and LEIN issues all have confidential limitations. Court

employees should guard against being overheard when discussing legitimate confidential information.

Rule 3.400 Political Activity

(A) Court employees are free to engage in political activities during non-working hours if such activity

does not use, or appear to use, their position or the court in connection with such activities.

(B) Court employees will not discriminate in favor of or against any employee or applicant for

employment because of his or her political contributions or political activities.

Comments on Rule 3.400:

Rule 3.400(A) discusses a court employee’s participation in the democratic process, which indicates

working for a political cause, party or candidate should not be hampered by his/her employment if done

outside of working hours. This participation includes, but is not limited to, holding party membership,

holding public office1, making speeches, and making contributions of time and/or money to candidates,

political parties or other groups engaged in political activity.

This participation in political activity should not transcend into the workplace by the displaying of

political material (i.e., literature, badges, signs or other material advertising a political cause, party or

candidate), soliciting signatures for political candidacy, and soliciting or receiving funds for political

purposes. In addition no government equipment or resources of any kind are to be used for promoting

political activity in the workplace before, during, or after work hours.

Rule 3.400(B) states that interaction between court employees during work hours should focus on

professional duties and should exhibit mutual courtesy and respect to co-workers. Additionally, the

evaluation of prospective employees should be based on their employable qualities such as job skills,

knowledge, and attitude. Therefore, no employee will discriminate in favor of or against any employee or

applicant for employment based on their political activities.

Rule 3.500 Performance of Duties.

(A) Court employees will carry out their responsibilities to the public in a timely, impartial, diligent, and

courteous manner.

(B) Court employees will not discriminate on the basis of, nor display by words or conduct, a bias or

prejudice based upon race, color, religion, national origin, gender, or other protected group, in the

conduct of service to the court and the public.

(D) Court employees will promote ethical conduct and report any improper conduct and violations of this

Code of Conduct by any persons to appropriate authorities.

Holding public office is acceptable unless a conflict of interest exists with employment at the court. An

example of a conflict would be serving on the Tribal Council whose oversight of budget and other policy

issues impact the court.

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(E) Court employees will actively pursue continuing education opportunities for the purpose of improving

their professional skills and thereby providing higher quality service to the court and the public.

(F) Court employees will avoid any activity which would reflect adversely on my position or the court.

Comments on Rule 3.500:

Rule 3.500(A) deals with the idea that the court is a service to the public, and that actions by a court

employee should reflect a high level of professionalism. Court employees need to be able to provide

complete and understandable answers to the public’s questions in an efficient manner. Simultaneously, they

must recognize that colleagues are also customers, and they should be given the same level of

consideration as public clients.

Rule 3.500(B) pertains to denigration of any individual(s) by a court employee. Essential to the

administration of justice is allowing equal access and treatment for all. Every day court employees are called

upon to assist people, and it is their responsibility to provide these customers with the utmost service,

regardless of the individual’s race, religion, gender, national origin, etc. Discrimination can come in varying

forms (speech, conduct, etc.), yet court employees should be aware that no form of discrimination is

acceptable and when discovered should be exposed and discouraged.

Rule 3.500(C) addresses the idea that for the court to be an effective institution, court employees must

follow the rules/orders designed by the court. By enforcing the orders given by the court, employees

encourage a shared level of understanding and efficiency. Disregarding rules/orders provided by the court

allows for confusion and a decline in overall productivity that compromises the concept of professionalism.

Rule 3.500(D) states that court employees should faithfully pursue the guidelines explained in the Code

of Conduct and that when necessary, report problems or violations to an appropriate authority within the

court system.

Rule 3.500(E) acknowledges the idea that when working within the court, laws and rules of operation

are continually changing due to legislation, higher court decisions, technology, etc. Therefore, court

employees are encouraged to take advantage of educational opportunities that will advance their

understanding and allow for better service.

Rule 3.500(F) addresses the idea that court employees are highly visible and that their actions reflect

upon not only themselves, but the court as well. Improper behavior or the appearance thereof may

compromise an employee’s professional integrity. Before partaking in a particular action, court employees

should consider its propriety. Court employees should conduct themselves in a manner that instills public

trust and confidence.

Rule 3.600 Prior Rules of Ethics for Court Personnel Vacated. The Rules of Ethics for Court

Personnel previously provided for in Chapter III of the Grand Traverse Band Court Rules, adopted on

September 26, 1996, are hereby vacated in their entirety and replaced by this Code of Conduct for Tribal

Court Employees.

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CHAPTER 4

RULES OF CIVIL PROCEDURE

Subchapter 4.000 General Provisions

Rule 4.001 Applicability. The rules in this chapter govern procedure in all civil proceedings in all

courts established by the Constitution and laws of the Grand Traverse Band of Ottawa and Chippewa

Indians, except where a rule applicable to a specific type of proceeding provides a different procedure.

Rule 4.002 Title; Citation. These rules are the “Grand Traverse Band Tribal Court Rules.” An

individual rule may be referred to as “Grand Traverse Band Tribal Court Rule __________,” and cited by

the symbol “GTBCR ____________,”

Rule 4.003 Effective Date. These rules take effect upon adoption. They govern all proceedings in

actions brought on or after that date, and all further proceedings in actions then pending. A court may

permit a pending action to proceed under the former rules if it finds that the application of these rules to

that action would not be feasible or would work injustice.

Rule 4.004 Statutory Practice Provisions. Rules of practice set forth in any statute, if not in conflict

with any of these rules, are effective until superseded by rules appropriately adopted by the Tribal

Appellate Court.

Rule 4.005 Construction. These rules are to be construed to secure the just, speedy, and economical

determination of every action and to avoid the consequences of error that does not affect the substantial

rights of the parties.

Rule 4.006 Headings. The headings of a rule are not part of the rule and may not be used to construe

the rule more broadly or more narrowly than the text indicates.

Rule 4.007 Number. Words used in the singular also apply to the plural, where appropriate.

Rule 4.008 Computation of Time. In computing a period of time prescribed or allowed by these

rules, by court order, or by statute, the following rules apply:

(A) In computing the period of time prescribed by these Rules or by any order of the Tribal Court, the

day of the act or event from which the period begins to run is not included. The last day of the period is

included, unless it falls on a Saturday, Sunday, or Tribal holiday. In that event, the last day of the period

falls on the next regular business day.

(B) If a period is measured by a number of weeks, the last day of the period is the same day of the week

as the day on which the period began.

as the day on which the period began. If what would otherwise be the final month does not include that

day, the last day of the period is the last day of that month. For example, "2 months" after January 31 is

March 31, and "3 months" after January 31 is April 30.

Rule 4.009 Paper and Type-Size Standard.

(A) All pleadings and other papers prepared for filing in the courts of this state must be on good quality

paper 8½ by 11 inch paper, and the print must be no smaller than 12-point type. This requirement does

not apply to

(1) Forms approved by the Tribal Court, and

(2) Attachments and exhibits, but parties are encouraged to reduce or enlarge such papers to

8½ by 11 inches, if practical.

(B) Court clerks may not accept nonconforming papers except on written direction of a judge.

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Rule 4.010 Collection of Fines and Costs. Fines, costs, and other financial obligations imposed by

the court must be paid at the time of assessment, except when the court allows otherwise, for good

cause shown.

Rule 4.011 Amendment Procedure.

(A) Notice of Proposed Amendment. Before amending the Grand Traverse Band Tribal Court Rules or

other sets of rules within its jurisdiction, the Tribal Court will notify the Grand Traverse Band Legal

Department and the Tribal Council of the proposed amendment, and the manner and date for submitting

comments. The notice will be published once in the Tribal Newsletter and will also be posted at the

Tribal Courthouse.

(B) Exceptions. The Court may modify or dispense with the notice requirements of this rule if it

determines that there is a need for immediate action or if the proposed amendment would not

significantly affect the delivery of justice.

Rule 4.012 Waiver or Suspension of Fees and Costs for Indigent Persons.

(A) Applicability.

(1) Only a natural person is eligible for the waiver or suspension of fees and costs under this

rule.

(2) Except as provided in subrule (F), for the purpose of this rule "fees and costs" applies only to

filing fees required by law.

(B) Execution of Affidavits. An sworn statement required by this rule may be signed either

(1) by the party in whose behalf the affidavit is made; or

(2) by a person having personal knowledge of the facts required to be shown, if the person in

whose behalf the affidavit is made is unable to sign it because of minority or other disability. The

affidavit must recite the minority or other disability.

is receiving any form of public assistance, the payment of fees and costs as to that party shall be

suspended or waived.

(D) Other Indigent Persons. If a party shows by ex parte affidavit or otherwise that he or she is unable

because of indigence to pay fees and costs, the court shall order those fees and costs either waived or

suspended until the conclusion of the litigation.

(E) Domestic Relations Cases; Payment of Fees and Costs by Spouse.

(1) In an action for divorce, separate maintenance, or annulment or affirmation of marriage, the

court shall order suspension of payment of fees and costs required to be paid by a party and

order that they be paid by the spouse, if that party

(a) is qualified for a waiver or suspension of fees and costs under subrule (C) or (D), and

(b) is entitled to an order requiring the spouse to pay attorney fees.

(2) If the spouse is entitled to have the fees and costs waived or suspended under subrule (C) or

(D), the fees and costs are waived or suspended for the spouse.

(F) Payment of Service Fees and Costs of Publication for Indigent Persons. If payment of fees and costs

has been waived or suspended for a party and service of process must be made by an official process

server or by publication, the court shall order the service fees or costs of publication paid by the county

or funding unit in which the action is pending, if the party submits an ex parte affidavit stating facts

showing the necessity for that type of service of process.

(G) Reinstatement of Requirement for Payment of Fees and Costs. If the payment of fees or costs has

been waived or suspended under this rule, the court may on its own initiative order the person for whom

the fees or costs were waived or suspended to pay those fees or costs when the reason for the waiver or

suspension no longer exists.

Rule 4.013 Disqualification of Judge.

(A) Who May Raise. A party may raise the issue of a judge's disqualification by motion, or the judge may

raise it.

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(B) Grounds. A judge is disqualified when the judge cannot impartially hear a case, including but not

limited to instances in which:

(1) The judge is personally biased or prejudiced for or against a party or attorney.

(2) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding.

(3) The judge has been consulted or employed as an attorney in the matter in controversy.

(4) The judge was a partner of a party, attorney for a party, or a member of a law firm

representing a party within the preceding two years.

(5) The judge knows that he or she, individually or as a fiduciary, or the judge's spouse, parent

or child wherever residing, or any other member of the judge's family residing in the judge's

household, has an economic interest in the subject matter in controversy or in a party to the

proceeding or has any other more than de minimis interest that could be substantially affected by

the proceeding.

(6) The judge or the judge's spouse, or a person within the third degree of 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 a lawyer in the proceeding;

substantially affected by the proceeding;

(d) is to the judge's knowledge likely to be a material witness in the proceeding.

A judge is not disqualified merely because the judge's former law clerk is an attorney of record for a

party in an action that is before the judge or is associated with a law firm representing a party in an

action that is before the judge.

(1) Time for Filing. To avoid delaying trial and inconveniencing the witnesses, a motion to

disqualify must be filed within 14 days after the moving party discovers the ground for

disqualification. If the discovery is made within 14 days of the trial date, the motion must be

made forthwith. If a motion is not timely filed, untimeliness, including delay in waiving jury trial,

is a factor in deciding whether the motion should be granted.

(2) All Grounds to be Included; Affidavit. In any motion under this rule, the moving party must

include all grounds for disqualification that are known at the time the motion is filed. An affidavit

must accompany the motion.

(3) Ruling. The challenged judge shall decide the motion. If the challenged judge denies the

motion, on the request of a party, the challenged judge shall refer the motion to the chief judge,

who shall decide the motion de novo; or if the challenged judge is the chief judge, on the request

of a party, the challenged judge shall refer the motion to the associate judge, who shall decide

the motion de novo.

(4) Motion Granted. When a judge is disqualified, the action must be assigned to another judge

of the same court, or, if one is not available, the court administrator shall assign another judge.

(D) Remittal of Disqualification. If it appears that there may be grounds for disqualification, the judge

may ask the parties and their lawyers to consider, out of the presence of the judge, whether to waive

disqualification. If, following disclosure of any basis for disqualification other than personal bias or

prejudice concerning a party, the parties without participation by the judge, all agree that the judge

should not be disqualified, and the judge is then willing to participate, the judge may participate in the

proceedings. The agreement shall be in writing or placed on the record.

Rule 4.014 Incarcerated Parties.

(A) This subrule applies to

(1) domestic relations actions involving minor children, and

(2) other actions involving the custody, guardianship, neglect, or foster-care placement of minor

children, or the termination of parental rights, in which a party is incarcerated in a county jail or

state or federal prison.

(B) The party seeking an order regarding a minor child shall

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(1) contact the department to confirm the incarceration and the incarcerated party's prison

number and location;

(2) serve the incarcerated person with the petition or motion seeking an order regarding the

minor child, and file proof with the court that the papers were served; and

(3) file with the court the petition or motion seeking an order regarding the minor child, stating

that a party is incarcerated and providing the party's prison number and location; the caption of

the petition or motion shall state that a telephonic hearing is required by this rule.

court shall issue an order requesting the department, or the facility where the party is located if it is not a

department facility, to allow that party to participate with the court or its designee by way of a noncollect

and unmonitored telephone call in a hearing or conference, including a friend of the court adjudicative

hearing or meeting. The order shall include the date and time for the hearing, and the prisoner's name

and prison identification number, and shall be served by the court upon the parties and the warden or

supervisor of the facility where the incarcerated party resides.

(D) All court documents or correspondence mailed to the incarcerated party concerning any matter

covered by this rule shall include the name and the prison number of the incarcerated party on the

envelope.

(E) The purpose of the telephone call described in this subrule is to determine

(1) whether the incarcerated party has received adequate notice of the proceedings and has had

an opportunity to respond and to participate,

(2) whether counsel is necessary in matters allowing for the appointment of counsel to assure

that the incarcerated party's access to the court is protected,

(3) whether the incarcerated party is capable of self-representation, if that is the party's choice,

(4) how the incarcerated party can communicate with the court or the friend of the court during

the pendency of the action, and whether the party needs special assistance for such

communication, including participation in additional telephone calls, and

(5) the scheduling and nature of future proceedings, to the extent practicable, and the manner in

which the incarcerated party may participate.

(F) A court may not grant the relief requested by the moving party concerning the minor child if the

incarcerated party has not been offered the opportunity to participate in the proceedings, as described in

this rule. This provision shall not apply if the incarcerated party actually does participate in a telephone

call.

(G) The court may impose sanctions if it finds that an attempt was made to keep information about the

case from an incarcerated party in order to deny that party access to the courts.

Rule 4.015 Photographing, Recording, and Broadcasting in Court.

(A) Introduction. The tribal judiciary is responsible for ensuring the fair and equal administration of

justice. The tribal judiciary adjudicates controversies, both civil and criminal, in accordance with

established legal procedures in the calmness and solemnity of the courtroom. Photographing, recording,

and broadcasting of courtroom proceedings may be permitted as authorized in this rule if executed in a

manner that ensures that the fairness and dignity of the proceedings are not adversely affected. This rule

does not create a presumption for or against granting permission to photograph, record, or broadcast

court proceedings.

(B) Definitions. As used in this rule:

(1) “Media coverage” means any photographing, recording, or broadcasting of court proceedings

by the media using television, radio, photographic, or recording equipment.

(2) “Media” or “media agency” means any person or organization engaging in news gathering or

reporting and includes any newspaper, radio or television station or network, news service,

magazine, trade paper, in-house publication, professional journal, or other news-reporting or

news-gathering agency.

(3) “Court” means the courtroom at issue, the courthouse, and its entrances and exits.

(4) “Judge” means the judge assigned to or presiding at the proceeding, except as provided in

subsection (E)(1) if no judge has been assigned.

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(5) “Photographing” means recording a likeness, regardless of the method used, including by

digital or photographic methods. As used in this rule, photographing does not include drawings or

sketchings of the court proceedings.

(6) “Recording” means the use of any analog or digital device to aurally or visually preserve

court proceedings. As used in this rule, recording does not include handwritten notes on the

court record, whether by court reporter or by digital or analog preservation.

(7) “Broadcasting” means a visual or aural transmission or signal, by any method, of the court

proceedings, including any electronic transmission or transmission by sound waves.

proceedings may not be photographed, recorded, or broadcast. This rule does not prohibit courts from

photographing or videotaping sessions for judicial education or publications and is not intended to apply

to closed-circuit television broadcasts solely within the courthouse or between court facilities if the

broadcasts are controlled by the court and court personnel.

(D) Personal recording devices. The judge may permit inconspicuous personal recording devices to be

used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A

person proposing to use a recording device must obtain advance permission from the judge. The

recordings must not be used for any purpose other than as personal notes.

(E) Media coverage. Media coverage may be permitted only on written order of the judge as provided in

this subdivision. The judge in his or her discretion may permit, refuse, limit, or terminate media coverage.

This rule does not otherwise limit or restrict the right of the media to cover and report court proceedings.

(1) Request for order. The media may request an order on a Media Request to Photograph,

Record, or Broadcast form which shall be provided by the Court upon request. The form must be

filed at least five court days before the portion of the proceeding to be covered unless good

cause is shown. A completed, proposed order on Order on Media Request to Permit Coverage

form must be filed with the request. The judge assigned to the proceeding must rule on the

request. If no judge has been assigned, the request will be submitted to the Chief Judge, and

thereafter be ruled on by the judge assigned to the proceeding. The clerk must promptly notify

the parties that a request has been filed.

(2) Hearing on request. The judge may hold a hearing on the request or may rule on the

request without a hearing.

(3) Factors to be considered by the judge. In ruling on the request, the judge is to consider the

following factors:

(a) The importance of maintaining public trust and confidence in the judicial system;

(b) The importance of promoting public access to the judicial system;

(d) The nature of the case;

(e) The privacy rights of all participants in the proceeding, including witnesses, jurors,

and victims;

(f) The effect on any minor who is a party, prospective witness, victim, or other

participant in the proceeding;

(g) The effect on the parties' ability to select a fair and unbiased jury;

(h) The effect on any ongoing law enforcement activity in the case;

(i) The effect on any unresolved identification issues;

(j) The effect on any subsequent proceedings in the case;

(k) The effect of coverage on the willingness of witnesses to cooperate, including the

risk that coverage will engender threats to the health or safety of any witness;

(l) The effect on excluded witnesses who would have access to the televised testimony

of prior witnesses;

(m) The scope of the coverage and whether partial coverage might unfairly influence or

distract the jury;

(n) The difficulty of jury selection if a mistrial is declared;

(o) The security and dignity of the court;

(p) Undue administrative or financial burden to the court or participants;

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(q) The interference with neighboring courtrooms;

(r) The maintenance of the orderly conduct of the proceeding; and

(s) Any other factor the judge deems relevant.

(4) Order permitting media coverage. The judge ruling on the request to permit media coverage

is not required to make findings or a statement of decision. The order may incorporate any local

rule or order of the presiding or supervising judge regulating media activity outside of the

courtroom. The judge may condition the order permitting media coverage on the media agency's

agreement to pay any increased court-incurred costs resulting from the permitted media

coverage (for example, for additional court security or utility service). Each media agency is

responsible for ensuring that all its media personnel who cover the court proceeding know and

follow the provisions of the court order and this rule.

(5) Modified order. The order permitting media coverage may be modified or terminated on the

judge's own motion or on application to the judge without the necessity of a prior hearing or

written findings. Notice of the application and any modification or termination ordered under the

application must be given to the parties and each media agency permitted by the previous order

to cover the proceeding.

(6) Prohibited coverage. The judge may not permit media coverage of the following:

(a) Proceedings held in chambers;

(b) Proceedings closed to the public by law or by court rule;

(d) Jurors or spectators; or

(e) Conferences between an attorney and a client, witness, or aide; between attorneys;

or between counsel and the judge at the bench.

(7) Equipment and personnel . The judge may require media agencies to demonstrate that

proposed personnel and equipment comply with this rule. The judge may specify the placement

of media personnel and equipment to permit reasonable media coverage without disruption of

the proceedings.

(8) Normal requirements for media coverage of proceedings. Unless the judge in his or her

discretion orders otherwise, the following requirements apply to media coverage of court

proceedings:

(a) One television camera and one still photographer will be permitted.

(b) The equipment used may not produce distracting sound or light. Signal lights or

devices to show when equipment is operating may not be visible.

deemed to require that the modifications be installed, maintained, and removed without

public expense or disruption of proceedings.

(d) Microphones and wiring must be unobtrusively located in places approved by the

judge and must be operated by one person.

(e) Operators may not move equipment or enter or leave the courtroom while the court

is in session, or otherwise cause a distraction.

(f) Equipment or clothing must not bear the insignia or marking of a media agency.

(9) Media pooling. If two or more media agencies of the same type request media coverage of

a proceeding, they must file a joint statement of agreed arrangements. If they are unable to

agree, the judge may deny media coverage by that type of media agency.

(F) Sanctions. Any violation of this rule or an order made under this rule is an unlawful interference with

the proceedings of the court and may be the basis for an order terminating media coverage, a citation for

contempt of court, or an order imposing monetary or other sanctions as provided by law.

Subchapter 4.100 Commencement Of Action; Service Of Process; Pleadings; Motions

Rule 4.101 Form and Commencement of Action.

(A) Form of Action. There is one form of action known as a "civil action."

(B) Commencement of Action. A civil action is commenced by filing a complaint with a court.

GRAND TRAVERSE BAND TRIBAL COURT RULES (GTBCR)

(Current through 3/20/2009 amendments)

Page 32

Rule 4.102 Summons; Expiration of Summons; Dismissal of Action for Failure to Serve.

(A) Issuance. On the filing of a complaint, the court clerk shall issue a summons to be served as provided

in Rule 4.103 and 4.105. A separate summons may issue against a particular defendant or group of

defendants. A duplicate summons may be issued from time to time and is as valid as the original

summons.

(B) Form. A summons must be issued "In the name of the people of the Grand Traverse Band of Ottawa

and Chippewa Indians," under the seal of the court that issued it. It must be directed to the defendant,

and include

(1) the name and address of the court,

(2) the names of the parties,

(3) the file number,

(4) the name and address of the plaintiff's attorney or the address of a plaintiff appearing

without an attorney,

(5) the defendant's address, if known,

(6) the name of the court clerk,

(7) the date on which the summons was issued,

(8) the last date on which the summons is valid,

(9) a statement that the summons is invalid unless served on or before the last date on which it

is valid,

(10) the time within which the defendant is required to answer or take other action, and

(11) a notice that if the defendant fails to answer or take other action within the time allowed,

judgment may be entered against the defendant for the relief demanded in the complaint.

process to be amended, unless it clearly appears that to do so would materially prejudice the substantive

rights of the party against whom the process issued. An amendment relates back to the date of the

original issuance or service of process unless the court determines that relation back would unfairly

prejudice the party against whom the process issued.

(D) Expiration. A summons expires 91 days after the date the complaint is filed. However, within those 91

days, on a showing of due diligence by the plaintiff in attempting to serve the original summons, the

judge to whom the action is assigned may order a second summons to issue for a definite period not

exceeding 1 year from the date the complaint is filed. If such an extension is granted, the new summons

expires at the end of the extended period. The judge may impose just conditions on the issuance of the

second summons. Duplicate summonses issued under subrule (A) do not extend the life of the original

summons. The running of the 91-day period is tolled while a motion challenging the sufficiency of the

summons or of the service of the summons is pending.

(E) Dismissal as to Defendant Not Served.

(1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed

without prejudice as to a defendant who has not been served with process as provided in these

rules, unless the defendant has submitted to the court's jurisdiction. As to a defendant added as

a party after the filing of the first

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