CHAPTER 1: AUTHORITY, ESTABLISHMENT (2022)

JUDICIARY

Title 1

CHAPTER 1: AUTHORITY, ESTABLISHMENT

1.1.01 Authority

This Law and Order Code, Title 1, Judiciary, is adopted pursuant to the authority granted to the

Hoopa Valley Tribal Council by the Hoopa Tribal membership through a referendum election

held March 1, 1983. Any prior enactments or amendments of Title I, Judiciary shall have no

frniher force and effect as of the date of the enactment of the amendments to Title 1. These

amendments to Title 1 shall apply to all cases that have not been resolved by an agreed upon

settlement or a final judgment not subject to an appeal. The sho1i title of the Hoopa Valley

Tribe's Law and Order Code shall be cited as the "Hoopa Valley T1ibal Code" and shall be

referred to in court documents by title and section number, e.g., 1 Hoopa Valley Tribal Code§

1.1.01.

1.1.02 Establishment of the Ttibal Court and Appellate Comi

Tlu·ough the authority of Section 1.1.0 I of th.is Code, the Hoopa Valley Tribal Council does

hereby establish and adopt this Law and Order Code of the Hoop a Valley Tribe and does

establish the Hoopa Tribal Corni and Appellate Court.

1.1.03 Establishment of the Judicial Co1mnittee

The Tribal Council shall appoint a five (5) member committee to review and comment on Tribal

Codes and Legislation that will be enforced by the Tribal Couti. The Council will develop

policies and procedures regarding how the Judicial Co1mnittee will function. The Judicial

Committee will have no authority in the areas of screening of Judges for elections.

1. 1.04 Jurisdiction

(a) Tenitory. The jurisdiction of the Hoopa Valley Tribal Court and the effective area of this

Code shall include all territory within the Hoopa Valley Indian Reservation, as defined by

Article 1 of the Hoopa Tribal Constitution, including fee patents, allotments, assignments, roads,

waters, b1idges and lands used or maintained for T1ibal [agency] purposes, and existing and

future lands outside the boundaries of the Reservation owned or controlled by the Hoopa Valley

T1ibe for the benefit of its members.

(b) Personal Jurisdiction. A couti of the Hoopa Valley Indian Reservation may exercise personal

jurisdiction on any basis not inconsistent with the Constitution of the Hoopa Valley T1ibe or of

the United States, or federal law. Examples of a basis of jurisdiction over individuals shall

include, but are not limited to presence, domicile, residence, tribal membership, consent,

appearance, doing business on the Reservation, an act done on the reservation, causing an effect

on the Reservation by act or omission elsewhere, ownership, use or possession of a thing on the

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Reservation, other relationships with the Reservation, consent, appointment of agent,

appearance, doing business on the Reservation, doing an act on the Reservation, causing and

effect on the Reservation by act or omission elsewhere, ownership, use or possession of things in

the Reservation, or other relationships .Reservation. Examples of a basis of judicial jurisdiction

over corporations, partnership or other unincorporated associations shall include but are not

limited to, incorporation on

(c) Subject Matter Jmisdiction. In addition to personal jurisdiction, a court of the Hoopa Valley

Indian reservation must have the power to hear the kind of claim being brought before it. The

Tribal Court of the Hoopa Valley Indian Reservation shall have the jurisdiction and autho1ity to

hear claims and interpret laws for all actions arising under the Hoopa Valley Tribal Constitution

and Hoopa Valley Tribal Codes promulgated by the Hoopa Valley Tribal Council consistent with

the T1ibal Council's authority under Article IX(k), Atiicle IX(I), and Article IX(n) of the Hoopa

Valley Tribe's Constitution and Bylaws.

(i) Contract or Toti Civil Actions. The Hoopa Valley Tribal Court has the

jmisdiction to hear contract or to1i civil actions. ·where the Hoopa Valley Tribal

Codes do limit contract or tort civil actions the Hoopa Valley T1ibal Court may

hear contract or toti civil actions and the pa1iies to an action may use state and

federal mies or case law as persuasive authority.

(d) Constitution: Civil Rights. The Comi shall have exclusive jurisdiction to construe and

enforce provisions of the Constitution and Bylaws of the Hoopa Valley Tribe, to deal with

alleged violations of the Indian Civil Rights Act of 1968 (ICRA), 25 U.S.C §§ 1301-1303, to

enforce the ICRA where tiibal agencies or officers act outside the scope of their authority, and to

review actions of the T1ibal Council for compliance with the ICRA. Such jurisdiction shall be

found for the purposes of granting declaratory and injunctive relief. (e) Sovereign Immunity. The

Court shall have no jurisdiction over any suit brought against the Hoopa Valley Tribe, its

officials, its entities, or employees for money judgments without the consent of the Tribe.

Nothing contained within this code, or other Tribal ordinance, resolution, policy or otherwise

shall be deemed to constitute a waiver or renunciation of the soverei gn itrununity of the T1ibe to

suit. Such consent or waiver must be expressly made by the Hoopa Valley Ttibal Council by

majority vote through passage of an ordinance, by resolution, by entering into a w1itten contract,

which provides for an express waiver, or other means adopted by the Hoopa Valley Ttibal

Council. Unless specifically stated in a valid waiver of sovereign immunity described under this

section, the Hoopa Valley Tribe does not waive its soverei gn inummity with respect to any

monetary damages, or monetary sanctions including any awards of costs or attorney's fees

against the Ttibe.

(f) Limited Waiver of Sovereign Immunity for Tribal Employee Wrongful Termination Civil

Complaints. The Hoopa Valley Ttibe hereby makes a limited waiver of sovereign immunity for

actions brought in the Hoopa Valley Tribal Court solely based on the employee's wrongful

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termination from employment. The employee must be subject to Title 30 of the Hoopa Valley

T1ibal Code, otherwise known as the Tribe's Personnel Policy and Procedures. This limited

waiver of sovereign immunity shall as of the date of the enactment of Title 1, apply to terminated

employees that have cases currently appealed to the TERO Commission for the hea1ing process

or tenninated employee appeals from the TERO Commission to the Hoopa Valley T1ibal Comi

that are not yet resolved by an agreed upon settlement or a final judgment not subject to appeal.

If the Hoopa Valley T1ibal Court determines an employee has been wrongfully terminated, the

Hoopa Valley Tribal Cami shall have the power and jmisdiction to award money damages

against the Tribe for actual unpaid wages and benefits not to exceed an amount equal to one (1)

years wages of the employee. The wages shall be calculated at the amount the employee was

actually receiving on the date of the tern1ination. Any wages or money earned by employment or

self-employment shall be used to offset any damage award. The Hoopa Valley Tribe shall only

pay judgments after final appeals have been exhausted or the Tribe chooses not to appeal an

adverse decision. The Hoopa Valley Tribe does not waive its sovereign immunity with respect to

any other forms of damages or costs and attorney fees. This limited waiver of soverei gn

immunity extends only to the relief stated in this waiver, and does not include any waiver of

sovereign immunity whatsoever for relief not stated in this waiver. This limited waiver of

sovereign immunity shall only apply to the employee tenninated and shall have no application to

any third party claims. This limited waiver of sovereign immunity shall only apply to timely filed

complaints in accordance with 2 H.V.T.e. §2.3.13(6). If a complaint is not filed according to 2

H.V.T.C. § 2. 3.13(6), this Court shall have no jurisdiction over the suit and it shall be dismissed.

l .1.05 Conctment Jmisdiction

The jutisdiction invoked by this Code over any person, cause of action, or subject shall be

concurrent with any valid jurisdiction over the same, of the courts of the United States, any state,

or any political subdivision thereof; provided, however, this Code does not recognize or cede

jurisdiction to any other political or governmental entity in which jurisdiction does not otherwise

exist in law.

1.1.06 P1ior Inconsistent Codes and Ordinances Repealed

Any and all codes and ordinances of the Hoopa Valley T1ibe adopted prior to or which conflicts

in any way with the provisions of the Law and Order Code, Titles 1,2, and 3 as amended, are

hereby repealed.

1.1.07 An1endment of Law and Order Code

This Law and Order Code, Titles 1 and 2 may be amended with notice according to the Hoopa

Valley Tribe's Legislative Procedures Act. Amendments and additions to this Law and Order

Code shall become a part of the Code for all purposes and shall be codified and incorporated

herein in a manner consistent with the numbering and organization of the this Code.

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(a) It shall be the duty of the Chief Judge of the Tribal Court to enact or amend such rules as

he/she believes to be necessary in the interests of improved judicial procedures. A.J.1y judge of the

Comt or any member of the Ttibal Court Bar may recommend such a proposed enactment or

amendment. The Chief Judge will first submit all recommended enactments or amendments to

the Ttibal judiciary and the Ttibal Comt Bar for comment. The Chief Judge shall then submit the

proposed enactment or amendment with comments to the Judicial Committee for 30 day review.

The Judicial Committee will review the proposed enactment or amendment for the purposes of

detennining its constitutionality and fairness and to verify that the proposal does not conflict

with any other section or rule in the Code. The Judicial Corrunittee, after r.eviewing the proposed

enactment or amendment and after reviewing all comments, shall submit any recommendations

to the Chief Judge within 10 days after the 30 day review petiod has expired. The Chief Judge

shall review the recommendations of the Judicial Committee and may, but is not required to,

adopt the recommendations before enacting or amending such rules. The rules governing Tribal

Court procedure, enacted in the manner described above, will be made a part of this Code.

Should any rules enacted under this section conflict with or are inconsistent with the Hoopa

Valley Tribal Codes, the Hoopa Valley Tribal Codes shall govern and the inconsistent section or

sections of Title 3 shall be repealed. [See, Title 3, Rule l] (b) Rules Not Announced. Where the

Law and Order Code or any other Hoopa Valley Tribal Code does not expressly address a

question, and it is necessary for the proper adjudication of an action before the Court, the Court

may adopt a rule, giving prior notice to the patties, and may issue any order to accomplish

substantial justice. Such a rule shall only apply to the heating for which it was adopted. 1.1.08

C.F.R. No Longer Applicable A11y and all provisions of the Code of Federal Regulations

("C.F.R. "), Title 25, as presently constituted or hereafter constituted which deal with subjects

covered in this Law and Order Code or are otherwise inconsistent with or in conflict with the

provisions of the Law and Order Code or the spirit of this Law and Order Code are declared to

be no longer applicable to the Hoopa Valley Indian Reservation.

1.1.09 Codification

A.J.1y law, enactment, resolution, code, or ordinance duly approved and adopted by this Tribal

Council which are intended to be included in the Hoopa Valley Tribal Codes and enforced by the

Hoopa Tribal Court, shall be codified pursuant to the numbering and organization of this Law

and Order Code. Failure to codify for inclusion of any law, enactment, resolution, code, or

ordinances shall not effect its validity. Under no circumstances shall any duly approved and

adopted measure remain uncodified for a period of more than six (6) months from date of

adoption. It shall be the responsibility of the Hoopa Valley Tribal Council to assure the

continued updating of this Hoopa Law and Order Code.

I. 1. IO Couti Eva Iuation

At the end of each fiscal year, the caseload of the Tribal Court for the previous year shall be

evaluated. The evaluation shall include consistency with the Tribal Codes, acceptable court

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procedures, compliance with proper comi authority, and any other proper consideration for court

performance. The cost of the evaluation shall be borne by the Tribal Council by contract with an

organization such as the National American Indian Judges Association.

The Tribal Council will at least annually sponsor and pay for a Tribal Court Training session to

be held on or near the Hoopa Valley Indian Reservation. The purpose of the training session will

be to familiaiize prospective spokespersons and prospective pro-tern judicial candidates of the

rules of court, rules of civil procedure, rules of evidence, trial procedure, and t1ibal law. The

training session will be open to any person wishing to attend and each person may be charged a

registration fee to help off-set the costs to the Council.

CHAPTER 2: ELECTION, APPOINTMENT AND REMOVAL OF JUDGES

1.2.01 Number of Judges and Manner of Selection

The Hoopa Valley Tribal Court shall consist of one elected Chief Judge. One or more Judges Pro

Tern may be appointed by the Chief Judge as provided in Section 1.2.04.

1.2.02 Bonding

Before taking office, each judge of the Tribal Court shall, at tribal expense, post bond in an

amount determined by the Tribal Council, or shall be covered by the Tribe's blanket bond.

1.2.03 Tern1

The Chief Judge shall be elected by the Tribal membership for a 4 year term; provided that the

first elected Chief Judge shall be elected for the petiod set out in section 1.2.8 below. Judges Pro

Tern shall be appointed by the Chief Judge for terms that do not exceed six months. The terms of

Judges Pro-Tern may be renewed by the Chief Judge.

1.2.04 Judges Pro-Tern

Whenever the need arises, the Chief Judge may make temporary appointments of persons who

otherwise meet the qualifications in this Chapter, to serve as Ttial or Appellate Judges Pro-Tern.

The Chief Judge may, in his/her sound discretion, appoint more than one judge pro tern thereby

creating a pool of qualified judges pro tern from which one may from time to time be selected as

circumstances dictate. Such persons may be judges serving other Indian Reservations, in which

case they need not meet the requirements of Section 1.2.07.

1.2.05 Non-attorney Judge's Clerk

If the person elected as Chief Judge is not a licensed attorney, a law clerk shall be hired by the

Chief Judge to assist in caffying out judicial responsibilities. Minimum qualifications for the

Judge's clerk shall include:

(a) a law degree;

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(b) at least two years full-time experience working as an licensed attorney, law clerk or paralegal

with strong Approved October 2, 2008 5 background in legal research and writing;

(c) excellent communications skills;

(d) excellent working knowledge of court operations and civil procedure,

(e) must pass the same test as is required of judges, and

(f) must be a licensed attorney good standing with the state bar where they are licensed.

The law clerk's contract of employment shall be coterminus with the tem1 of the Chief Judge.

1.2.06 Compensation

Each judge shall be compensated pursuant to a written contract with the Hoopa Valley Tribal

Council. Under no circumstances shall any judge's compensation be reduced during his or her

cunent te1m of office. Compensation shall be according to the following schedule:

(a) The Chief Judge shall be compensated in an amount equal to the salary of the Tribal

Chainnan at the time of the Chief Judges' election; such salary shall be prorated on an hourly

basis for less than full-time work, defined as forty (40) hours per week. An additional amount

shall be appropriated annually and available for training of the Chief Judge and for a research

assistant and consultative services for all tribal judges. The elected Chief Judge shall receive all

f1inge benefits accorded the Chainnan. To the extent it is not inconsistent with his or her duties

as a Tribal judge, the Chief Judge may engage in the practice of law or any other type of

employment.

(b) Judges Pro-Tern shall be compensated at negotiated hourly rates.

1.2.07 Eligibility

To be eligible to serve as a judge of the Tribal Court, and in order to qualify as a candidate for

Chief Judge, a person must:

(1) be at least 25 years of age;

(2) never have been convicted of a felony, or been convicted, within the ten years preceding his

election, of a misdemeanor involving moral turpitude, corruption or dishonesty;

(3) agree to be subject to a background investigation which shall be conducted by the Tribal law

enforcement agency;

(4) live within 100 miles of the Reservation while holding office;

(5) have successfully completed a Tribal Court orientation session conducted by a judge of the

Tribal Couri, the Office of Tribal Attorney, or an attorney knowledgeable in Indian law and

familiar with practice before the Tribal Couri, and

(6) have passed an examination, which shall be created, administered and evaluated by a

qualified professional consultant and given in conjunction with the Tribal Court orientation

session described herein; demonstrating:

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(a) at least a minimal working knowledge of the operation and procedures of the

T1ibal Court and the sources of law applied by the Tribal Court,

(b) basic ability to communicate well in wiiting,

(c) a working knowledge of the Hoopa Valley Law and Order Code, and

(d) a familiaiity with federal Indian law.

Each prospective candidate for ChiefJudge is required to successfully pass the examination

session to be eligible to run for the Office of ChiefJudge. An incumbent ChiefJudge is not

required to take the oiientation or examination as required by subsections (5) and (6) above. In

addition, non-attorney judges who have not previously served as a judge of the Tribal Court

shall, after election or appointment and p1ior to assuming office, at the expense of the T1ibal

Court, successfully complete a special court or tribal court jurisdiction course provided by the

NationalJudicial College at the University of Nevada, Reno, Nevada.

1.2.08 Screening by Election Board and Conduct of Elections.

The Election Board shall screen all candidates for elected judicial office and all applicants for

appointed judicial office and shall certify for election or appointment only those candidates or

applicants who meet the qualifications set fo1ih in this chapter. The Election Board shall conduct

elections for Chief Judge. The time of the p1imary and general election of the first judge's

election in accordance with this revised Chapter 2.0 shall be held as soon as can be reasonably

scheduled, but in no case later than the end of 1995; no person may be elected Chief Judge

except upon receiving more than 50% of the votes cast in either the primary or a run-off in the

general election. Thereafter, all judicial elections shall be held at the time of the tribal p1imary

and general election commencing with said elections in 1998; provided that if necessitated by the

resignation, death, or removal of an elected judge, a special election shall be called not less than

ninety (90) days after said resignation, death or removal, unless it occurs within sixty (60) days

of a previously scheduled tribal election, in which case the special election shall be held at that

time; provided fu1iher that said Chief Judge shall serve out the remainder of the 4 year tenn of

the resigned, deceased or removedJudge; provided further that until a new judge is elected and

sworn into office, the Tribal Council shall appoint aJudge Pro-Tern.

1.2.09 Recusal or Disqualification ofJudge

(a) Reasons for Recusal or Disqualification

Any judge of the T1ibal Court or Appellate Court must recuse himself or herself if he or she is

aware that any of the following circumstances apply:

(1) The judge has a financial interest in the outcome of the case; or

(2) The judge's spouse, son, daughter, sister, brother, mother, father, granddaughter,

grandson, grandmother, grandfather, aunt, uncle niece, or nephew or any of the following

in-laws: son, daughter, brother, sister, mother or father, is a party in the case or directly

affected by the case outcome; or

(3) The judge knows he or she cannot be impartial in the case for any reason; or

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(4) The judge finds that person aware of the facts might reasonably believe that the judge

could not be impatiial; or

(5) The judge is unable to properly perceive the evidence or is unable to properly conduct the

proceeding due to a temporary or permanent physical impairment.

(b) Motion to Disqualify

(1) Any party to a case may bring a motion for disqualification based upon any grounds

listed in subsection (a).

(2) The motion must be brought within 20 days of the pa1iy discovering the grounds for

disqualification. Any patiy who does not file a motion to disqualify within this timeline

waives their objection to the judge hearing the case.

(3) The judge who the motion is filed against is the judge who will make the decision on

whether or not he or she should be disqualified from the case.

(4) If the motion is denied the judge must explain in w1iting his or her reasons for denying

the motion.

(5) If the motion is granted the case will be assigned to another judge.

(6) An order denying a motion to disqualify is immediately appealable.

(7) A judge shall not allow a motion to disqualify influence his or her impartiality in the case.

1.2.10 Removal of Judges

Removal of any judge by the Tribal Chai1man shall be automatic upon receipt of proof of a

felony conviction at any time, or a misdemeanor conviction involving moral turpitude,

com1ption or dishonesty within ten years of election to office. Otherwise, the elected judge shall

be subject to removal by recall election, or any other means provided for in the Tribal Law and

Order Code.

1.2.11 Judicial Cooperation

Judges and personnel of the Tribal Cou1i shall cooperate with federal and state cou1is and

agencies to the extent such cooperation is consistent with Tribal law.

1.2.12 Administrative Responsibilities

The Chief Judge shall be responsible for administering the Hoopa Valley Tribal Court. The Chief

Judge's responsibilities shall include, but not be limited to, the administration of the Tribal Corni

budget; entering into contracts for funding; contracting with judges Pro-Tern, and contracting

with the pa1iies or organizations necessary to provide the judicial services of a Court of Appeals.

1.2.13 Oath of Office

Before taking office, and in the presence of the Tribal Chairperson, all Ttibal Judges shall be

required to take the following oath of office:

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Tribal Judge's Oath

, do solemnly swear:

I,

1. I will respect and uphold the Constitution and by-laws and the T1ibal Code of the

Hoopa Valley Tribe;

2. I will, at all times, act in a professional manner and will promote the respect and

integrity for the Constitution and by-laws and the Ttibal Code of the Hoopa Valley Tribe;

3. I will protect and promote the intent and purpose of the Code of the Hoopa Valley

Tribe; 4. I will be faithful and honest to the office of the Tribal Judge for as long as I hold

that office; and,

5. I will uphold the Tribal Code of the Hoopa Valley Tribe fairly and equally to all

persons who may come before the Tribal Court.

Judge

Subsctibed and sworn before me this_ day of "20_.

Tribal Chairperson

1.2. 14 Inte1i1ibal Agreements

By w1itten resolution, the T1ibal Council may enter into agreements with other Indian tribes to

establish and participate in an organization which makes court personnel and/or administrative

services available to pariicipating tribes, In the event ofsuch an agreement, such personnel shall

be appointed, compensated, and removed, or payment for such services shall be accomplished, as

provided for in the intertribal agreements,

CHAPTER 3: GENERAL COURT PROCEDURES

1.3.01 Sessions of Court

Sessions of the Tribal Court for the trial of cases shall be held in open court by the Chief Judge,

or in case of his/her disability, absence, or unavailability, by a Judge Pro-Tern, provided,

however, that a Judge Pro-Tern may be called in to hear cases at any time for any reasonable

cause by the ChiefJudge.

1.3.02 Acting Chiefjudge

The ChiefJudge of the Tribal Comi shall designate, in writing, a Judge Pro Tern to act as Chief

Judge whenever the ChiefJudge is absent from the Reservation, is on vacation, ill, or otherwise

unable to perfom1 the duties ofhis/her office. The Acting Chief Judge may exercise all powers of

the ChiefJudge. The elected ChiefJudge may at any time change his/her designation of the

judge empowered to act as Chief Judge.

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1.3.03 Rules of Comt - Procedures

The time and place of comt sessions, and all other details of judicial procedure shall be governed

by Title 2, Civil Actions, and Title 3 Rules of Court, promulgated as herein provided. The rules

of comt are subject to change by the Comt with notice according to the requirements of this

Code.

1.3.04 Means to CatTy Jurisdiction into Effect

When personal and subject matter ju1isdiction is vested in the Comt by the Hoopa Valley T1ibal

Council, all the means necessary to carry into effect are also given, subject to the provisions of

the Constitution and Bylaws of the Hoopa Valley Tribe, its ordinances, resolutions, and

applicable federal law.

1.3.05 Annual Budget

The T1ibal Court shall be funded by the T1ibe through an atmual approp1iation. Additional

funding may be obtained through the levy of fines or fees. Federal, State or private grants may

also be used to fund Comt operations. The Tribal Council shall establish a base funding amount

which shall be the basis for each annual appropriation. The base funding level shall not be

decreased unless there is a significant reduction in total funds available to the Tribe for

budgetary purposes or if Federal, State or p1ivate grants provide for the funding of the Comt. The

Chief Judge may request additional funding from the Ttibal Council. If the Tribal Council grants

an increase, said increase shall not be considered a change in the base funding amount, unless

specifically stated in the appropriation language. The Chief Judge shall be responsible for the

efficient operation of the Tribal Cou1t. The Chief Judge may expend funds for salaties and fringe

benefits, capital additions, and operational expenses as he/she deems approp1iate to meet the

goals and objectives of the Comt. All costs associated with the operation of the T1ibal Comt

must. be within the limits of the funds approp1iated annually by the T1ibal Council.

CHAPTER 4: COURT OF APPEALS

1 .4.01 Court of Appeals

(a) A panel of three judges shall sit as a Court of Appeals to hear appeals from final jud gments,

sentences and other final orders of the Tribal Court.

1.4.02 Appellate Panel

The appellate panel provided for herein shall consist of judges appointed by or contracted with

by the Hoopa Valley Tribal Council. Appellate Court judges shall be licensed attorneys in good

standing and when practicable and have practiced appellate law or have served as a judge in

another jutisdiction.

1.4.03 Appellate Court Chief Judge

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The Appellate Court shall appoint or elect one of its members to serve as Chief Judge. The

Appellate Court Chief Judge shall preside over all appellate hearings and shall execute all

documents related to the case, if of the majo1ity view. In those cases where the Chief Judge is not

the majority view, the judges who are of such view shall designate Approved October 2, 2008 10

one of their number to execute all necessary documents. Any dissenting judges shall have an

opportunity to present their written minority opinion of the case.

1.4.04 Decisions

The appellate panel may affi1m the judgment as entered, modify it, or reverse the judgment by

the majority vote, and its decision shall be final.

CHAPTER 5: COURT PERSONNEL POLICIES

1.5.01 Tribal Personnel Policies

Generally The Personnel Policies of the Hoopa Valley Tribe shall apply to all Tribal Court

perso1mel except where they may conflict with this Code.

1.5.02 Exempt Employees

Judges and Clerks of the Tribal Court shall be exempt from such provisions of the T1ibal

Personnel Policies to the extent such provisions are covered or intended to be covered in this

Code.

1.5.03 Holidays

Except in unforeseeable situations, holidays to be honored by the Tribal Comi will be those

holidays observed by the Hoopa Valley Tribal Council included as part of the Tribal Pers01mel

Policies.

1.5.04 Court Hours

Regular office hours for the Tribal Co Lili office will be Monday through Friday of each week

from 8:00 a.m. to 5:00 p.m. Any Trial Judge heating a case shall have the discretion to designate

a time most convenient to hear the case. The Tribal Court calendar scheduling shall have

precedent over any request by either party in the case.

I .5.05 Implied Consent

Any person applying for an office within the Tribal Court must consent to any and all measures

necessary to confinn that person's qualifications and c1iminal record as may be required in this

Code.

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CHAPTER 6: RELATIONS WITH COURT

1.6.01 BIA Employees

No employee of the Bureau oflndian Affairs shall obstruct, interfere with or control the

Approved October 2, 2008 11 functions of the Tribal Court, nor shall he/she influence such

functions in any manner except as permitted by this Code or in response to a request for advice

or information from the Court. Employees of the Bureau oflndian Affairs, patiicularly those

who are engaged in social service, health and educational work, may assist the cou1i, upon its

request, in the proper treatment of individual offenders.

CHAPTER 7: PROBATION DEPARTMENT & COURT SECURITY

1.6.01 Establislunent of Probation and Comi Security Departments

A Probation Depaiiment and Court Security Depaiiment is hereby established in the Cou1i.

The employee(s) of these departments shall be employee(s) of the cou1i, but not political

appointees.

1.6.02 Comi Secmity Duties

The Court Officer shall provide courthouse secmity which includes but is not limited to:

(1) Pre-heating screening of anyone entering the cou1iroom; and

(2) Stopping disrespectful or hostile behavior within the courtroom; and

(3) Managing witnesses and evidence during hearings and tiials:

(4) Assisting the cou1i clerk if someone becomes hostile in the clerk's office;

(5) Personal service of cou1i papers.

1.6.03 Probation Duties

The Court Officer shall provide probation services, which includes but is not limited to:

(1) Coordinating with local service providers for supportive and/or rehabilitative services

that are likely to decrease future offenses by those who have violated Tribal laws; and

(2) Coordinating with local schools and service providers to provide services designed to

prevent violations of Ttibal law; and

(3) Provide information to the Court about individual's progress toward completing their

probation goals; and

(4) Locating individuals who have missed cou1i and tempora1ily detaining them and

transporting them to court pursuant to a cou1i order;

(5) Supervision ofadults and juveniles who have violated Tribal laws and been placed on

probation by the Cou1t including but not limited to the following:

Executing searches of individuals on probation and seizing any contraband

(i)

pursuant to a court order; and

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(ii)

(iii)

(iv)

(v)

Administering drng tests; and

Installing electronic monitoring equipment pursuant to a court order; and

Transporting individuals on probation to secure detention, out of home

placement, or a residential treatment program if authorized to do so by a

comt order; and

Supervising completion of community service hours

1.6.04 Law Enforcement Authotity

The Cami Officer, in performing his or her duties, possesses the following law enforcement

auth01ity:

(l) To carry and use firearms, including concealed fireanns, when necessary provided the

officer has successfully completed the minimum law enforcement fireanns training

required of Tribal Police Officers;

(2) To detain an individual who possess a threat to the safety of courthouse employees or

members of the public until the Tribal Police or other law enforcement persotmel

arrive to cite or arrest the individual;

(3) To request a Judge issue an order authorizing the secure detention of a juvenile; or search

and seizure of an adult or juvenile's person or property; or for such orders as are

necessary to carry out the duties of the probation officer;

(4) To detain a juvenile without an order for violation of a condition of probation until Tribal

Police can issue a citation or arrest the juvenile based on the probable cause provide by

the probation officer

CERTIFICATION

I the undersigned as Vice-Chairman of the Hoopa Valley Tribal Council do hereby certify that

the Hoopa Valley Tribal Council, composed of eight members; of which six (6) were present

constituting a quorum at a Regular meeting thereof; duly and regularly called, noticed, and

convened and held this 1 i 11 day of March 2016; and that this Ordinance was adopted by a vote of

five (5) for, zero (0) against, and zero (0) abstaining, and that said Ordinance has not been

rescinded or amended in any way. DATED THIS I i 11 DAY OF MARCH , 2016. Hoopa

California

Gary Risling, Vice-Chairman

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