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KLAMATH TRIBAL CODE

Title 2 Chapter 11

TABLE OF CONTENTS

GENERAL PROVISIONS

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KLAMATH TRIBES JUDICIARY

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Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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TRIBAL COURT ORDINANCE

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Title 2 Chapter 11

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ADMINISTRATION OF THE KLAMATH TRIBAL COURTS

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Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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PRACTICE BEFORE THE KLAMATH TRIBAL COURTS

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JURIES AND JURORS

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Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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Title 2 Chapter 11

GENERAL PROVISIONS

11.01 Purpose and Authority. This Tribal Court Ordinance is adopted pursuant to the authority

vested in the Klamath Tribes General Council by virtue of its inherent sovereignty as an Indian tribal

government and Article V of the Constitution of the Klamath Tribes. The purposes of this

Ordinance are to set forth the general judicial powers of the Klamath Tribes, to define the scope of

such powers, and to establish the structure for administering such powers.

11.02 Definitions. The following words shall have the following meanings under this Ordinance:

(a) “Attorney” means a person admitted to practice law by a state and who is an active

member in good standing with the appropriate state bar association;

(b) “Chief Judge” means the Judge of the Klamath Tribal Court so designated by the

General Council;

certified, to practice before the Tribal Courts under this Ordinance;

(d) “Court” or “Tribal Courts” means any or all of the courts established by the Klamath

Tribes to enforce the Klamath Tribal Law, including but not limited to the Klamath Supreme Court

and the Klamath Tribal Court, Klamath Juvenile Court, Klamath Peacemaker Court, and such other

lower courts that the Tribes may establish from time to time;

(e) “Former Reservation” means the tract of land set apart as a residence and homeland

for the Klamath Tribes by the Treaty Between the United States of America and the Klamath and

Modoc Tribes and Yahooskin Band of Snake Indians, 16 Stat. 707 (Oct. 14, 1864), as it existed and

was identified at the passage of the 1954 Klamath Termination Act, 68 Stat. 718 (Aug. 13, 1954)

(codified at 25 U.S.C. § 564 et seq.);

(f) “General Council” means the General Council of the Klamath Tribes;

(g) “Indian” or “Native American” means any person of Indian descent who is amember

ofa federally-recognized Indian tribe under the laws of that tribe and any other person recognized by

federal law as an Indian for any purpose;

(h) “Judge” means any and all judges of the Tribal Courts, including the Chief Judge,

Associate Judges, Visiting Justices, and Judges Pro Tempore;

(i) “Judge Pro Tempore” means a person appointed to serve temporarily as a Judge of

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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the Tribal Courts;

Gg) “Klamath Child” means any child who:

dd) is a member of the Klamath Tribes or is eligible for membership in the

Klamath Tribes and is the biological child of a member of the Klamath Tribes; or

(2) is the biological child of a person who is a member of or eligible to be a

member of the Klamath Tribes; or

(3) __ is otherwise covered by the terms of the Indian Child Welfare Act Agreement

between the State of Oregon and the Klamath Tribes, as it now exists or is hereafter amended;

(k) “Klamath Reservation” means all land, the title to which is held in trust by the Untied

States for the benefit of the Klamath Tribes, held by the Klamath Tribes or a member of the Klamath

Tribes subject to a restriction by the United States and all other lands that may hereafter be acquired

or conveyed to or held in trust for the benefit of, the Klamath Tribes, whether by purchase, gift, act

of Congress, or otherwise

6) “Klamath Territory” means:

(65) All lands within the exterior boundaries of the Former Reservation; and

(2) — All Klamath Tribal Lands.

(m) “Klamath Tribal Code” means the Klamath Tribal Code, as adopted by the General

Council of the Klamath Tribes;

(n) “Klamath Tribal Common Law” means the decisions of the Tribal Courts and the

customs and traditions of the Klamath Tribes, as may be modified by Klamath Tribal Law;

(0) “Klamath Tribal Lands” means all Klamath Reservation lands and all other lands that

may hereafter be acquired or conveyed in fee to the Klamath Tribes, whether by purchase, gift, act of

Congress, or otherwise;

(p) “Klamath Tribal Law” means the Constitution of the Klamath Tribes, the Klamath

Tribal Code and any rules promulgated thereunder, other ordinances and enactments of the General

Council, and Klamath Tribal Common Law;

(q) “Klamath Tribes” or “Tribes” means the Klamath Indian Tribe of Oregon, a federallyrecognized Indian tribal government;

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(r) “Member” means a member of the Klamath Tribes;

(s) “Non-Member” means any person who is not a member of the Klamath Tribes;

(t) “Ordinance” means this Tribal Court Ordinance;

(u) “Party” means a person whose name is designated on record as a plaintiff or

defendant and, ina civil action, by or whom against a legal suit is brought, whether in law or equity;

(v) “Person” means an individual natural person, trust, firm, association, partnership,

limited liability company, public or private corporation, political subdivision, government agency,

municipality, industry, or any other entity whatsoever;

(w) “Property” means both real and personal property;

(x) “Tribal Council” means the Tribal Council of the Klamath Tribes; and

(y) “Visiting Justices” means those persons appointed to serve as the Klamath Supreme

Court.

11.03 Principles of Construction. The following principles of construction apply to this

Ordinance unless a different construction is obviously intended to obtain a reasonable result:

(a) masculine words shall include the feminine, and singular words shall include the

plural and vice versa;

(b) words shall be given their plain meaning and technical words shall be given their

usually understood meaning where no other meaning is specified;

consistent manner; and

(d) _ all other issues of construction shall be decided using a generally accepted principle

of construction that will effect the underlying principles and purposes of this Ordinance.

11.04 Severability. If any provisions of this Ordinance or the application of any provision to any

person or circumstance is held invalid or unenforceable by a court of competent jurisdiction, such

holding shall not invalidate or render unenforceable the remainder of this Ordinance and its

application to any other person or circumstances and, to this end, the provisions of this Ordinance

are severable.

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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11.05. Sovereign Immunity. Except as expressly and specifically waived by a resolution of the

Klamath Tribes or by Klamath Tribal Law, the Klamath Tribes shall be immune from suit, and their

officers and employees also shall be immune from suit for liability arising from the performance of

their official duties.

11.06 Bases for Judicial Determinations of Law; Choice of Law.

(a) In all cases, the Tribal Courts shall apply any laws of the United States that are

applicable and Klamath Tribal Law not prohibited by applicable federal law, The following

principles shall govern such application:

(1) Questions of tribal customs and traditions are questions of law, not questions

of fact. Where doubt arises as to the customs and traditions of the Klamath Tribes, the Court may

request the advice of members of the Klamath Tribes generally recognized in the community as

being familiar with such customs and traditions, consider such other reliable sources of information

as the Court deems necessary under the circumstances to determine the applicable tribal custom or

tradition, including a Judge’s personal knowledge of Klamath Tribal customs and traditions, and/or

consult with any committee or advisory body established by the Klamath Tribes for this purpose.

(2) The Tribal Courts shall apply the provisions of the Klamath Tribal Code and

any other ordinances and enactments of the General Council in a way that gives effect to the intent

and purposes of the General Council as expressed in such enactments.

(3) Tribal Courts other than the Klamath Supreme Court shall render their

decisions in accordance with the precedent established by the Klamath Supreme Court.

(b) The Tribal Courts shall not be bound by the law of any other jurisdiction

unless so required by applicable federal law, Klamath Tribal Law, or Klamath Supreme Court

precedent.

not decisive of a question of law, upon its own initiative or at the request of a party, a Court may

consider for guidance and advisory purposes, the laws of any federal, tribal, state, or international

jurisdiction; provided that no federal, tribal, state, or international law, including their common law,

shall be applied as guidance or for advisory purposes under this Subsection if such law would be

inconsistent with the laws, policies, or needs of the Klamath Tribes.

11.07 Adoption of Foreign Law by Reference or Incorporation.

(a) The adoption of any law or other document into this Ordinance, the Klamath Tribal

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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Code, or any other ordinance or enactment of the General Council, by reference or incorporation,

shall not constitute a waiver, cession, or diminishment of any sovereign power of the Klamath Tribes

to the jurisdiction whose law is adopted, but shall result in such law becoming the law of the

Klamath Tribes. In such an instance, the omission of any part of that law from the part adopted shall

not be construed as a negative statement about the principles embodied in the omitted part, unless

such negative statement is expressly made.

(b) Whenever a law or other document of another jurisdiction is adopted by reference or

incorporation as the law of the Klamath Tribes, the decisions of the courts of that other jurisdiction

interpreting such law or other document shall be merely advisory and not binding on tlie Tribal

Courts unless the Klamath Tribal Code or any other ordinance or enactment of the General Council

expressly so provides.

11.08 Seal of the Tribal Courts. The Tribal Courts may adopt a seal for use on their official

records, orders, decisions, and judgments; provided that failure to affix the seal on any document

shall not affect its validity.

JURISDICTION

11.09 Jurisdiction.

(a) The Tribal Courts may exercise subject matter and personal jurisdiction on any basis

consistent with applicable laws, the inherent sovereignty and immunity of the Klamath Tribes, the

Constitution of the Klamath Tribes, and Klamath Tribal Laws; provided that the Tribal Courts shall

only exercise jurisdiction in a case in which at least one of the parties is a member of the Klamath

Tribes, an Indian, a Klamath Child, or the Klamath Tribes including any of their agents,

subdivisions, departments, agencies, commissions, committees, corporations, enterprises, or

property, or when the parties consent to the jurisdiction of the Court.

(b) Bases for personal jurisdiction over any person include, but are not limited to:

(1) presence, domicile, or residence on Klamath Tribal Lands;

(2) membership in the Klamath Tribes or status as a Klamath Child;

(3) consent, whether by contract, implication, or otherwise, including marriage to

a member of the Klamath Tribes;

(4) appearance in the Tribal Courts, other than a special appearance for the sole

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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purpose of contesting jurisdiction;

(5) contracting or attempting to contract to insure any person, property, or risk

located on Klamath Tribal Lands;

(6) doing business or attempting to do business on Klamath Tribal Lands, either

in person or by an agent, including entering or attempting to enter into a contract for the sale, lease,

or purchase of any property, resource, or services, when such contract is entered into or is to be

performed on Klamath Tribal Lands;

(7) using or attempting to use, purchasing or attempting to purchase, or otherwise

affecting any natural or cultural resource or service of the Klamath Tribes;

(8) engaging in an act on Klamath Tribal Lands;

(9) engaging in an act within the Klamath Territory affecting the rights of the

Klamath Tribes or their members, which rights were reserved, recognized, and protected by the

Treaty Between the United States of America and the Klamath and Modoc Tribes and Yahooskin

Band of Snake Indians, 16 Stat. 707 (Oct. 14, 1864);

(10) causing a foreseeable effect on Klamath Tribal Lands by an act or omission

elsewhere; and/or

(11) | ownership, use, or possession of real or personal property on Klamath Tribal

Lands.

Tribal Law or applicable federal law or regulations, the Tribal Courts shall have jurisdiction over all

real and personal property located within Klamath Tribal Lands to determine the ownership thereof,

or rights therein, or to determine the application of such property to the satisfaction of a claim

relating to the property.

(d) Subject to the limitations of Subsection (a) of this Section, the Tribal Courts shall

have subject matter jurisdiction over all civil causes of action, regardless of whether the parties are

Indian or non-Indian, and all cases in law and equity arising under the Constitution of the Klamath

Tribes and Klamath Tribal Law.

(e) The Tribal Courts shall have subject matter jurisdiction over all criminal actions in

which an Indian is alleged to have violated the criminal provisions of the Klamath Tribal Code;

provided that, in civil expulsion actions, the Tribal Courts shall have subject matter jurisdiction to

determine whether or not a non-Indian defendant has violated the criminal provisions of the Klamath

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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Tribal Code, whenever, pursuant to tribal law, such violation would be grounds for expulsion.

(f) The Tribal Courts shall have jurisdiction to grant a divorce, separation, annulment, or

protective injunction or restraining order to a husband or wife, based on jurisdiction over the

marriage, even without the presence before the Court of both parties, if either the husband or wife is

a bona fide resident of Klamath Tribal Lands, and is a member of the Klamath Tribes, and if the civil

notice requirements of the Klamath Rules of Civil Procedure have been met.

(g) Exceptas otherwise limited by applicable federal law, the Tribal Courts shall exercise

jurisdiction over child custody proceedings in accordance with and to the fullest extent permitted

under the Klamath Juvenile Ordinance and under any other provisions of the Klamath Tribal Code

requiring or permitting the Tribal Courts to exercise authority over juveniles.

(h) — The Tribal Courts shall not exercise jurisdiction over any person unless there is proof

on file with the Court that the person has been given notice of the proceedings in a manner which

conforms with applicable requirements of the Klamath Rules of Civil Procedure or Klamath Rules of

Criminal Procedure.

(i) Except as otherwise provided by Klamath Tribal Law, the Klamath Tribal Court shall

have exclusive and original jurisdiction to adjudicate all complaints for the exclusion or removal of

persons from Klamath Tribal Lands.

(j) Except as otherwise provided in this Ordinance or by Klamath Tribal Law, the Tribal

Courts shall have exclusive original jurisdiction, and the Klamath Supreme Court shall have

exclusive appellate jurisdiction, to construe the meaning of Klamath Tribal Laws, and to determine

the legality, under the Constitution of the Klamath Tribes, and the Indian Civil Rights Act, 25 U.S.C.

§ 1301 et seq., of any action or enactment of the General Council, Tribal Council, or any other agent,

department, committee, officer, or enterprise of the Klamath Tribes and the application of any such

action or enactment to any person or situation. This Subsection shall not be construed to effect a

waiver of sovereign immunity of the Klamath Tribes.

(kx) The jurisdiction of the Tribal Courts over any person, cause of action, or subject

matter may be concurrent with any valid jurisdiction over the same person, cause of action, or

subject matter by any courts of the United States, any state, or any subdivision thereof: provided,

however, that this Ordinance does not recognize, grant, or cede jurisdiction to any other

governmental entity in which jurisdiction does not otherwise lawfully exist.

KLAMATH TRIBES JUDICIARY

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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11.10 Establishment of the Klamath Tribal Courts. The judicial power of the Klamath Tribes

shall be vested in the independent Klamath Tribes Judiciary, which shall consist of the Klamath

Supreme Court , Klamath Tribal Court, Klamath Juvenile Court Klamath Peacemaker Court, and

such other lower courts that the Klamath Tribes may from time to time establish.

11.11 Klamath Tribal Court. There is hereby established the Klamath Tribal Court, which,

except as otherwise provided in this Ordinance or in the Klamath Tribal Code, shall have general

jurisdiction over all matters arising under Klamath Tribal Law and exclusive jurisdiction to hear

administrative appeals. The Klamath Tribal Court’s power shall include, but not be limited to:

(a) enforcing civil and criminal Klamath Tribal Law;

(b) reviewing and ruling on the constitutionality of Klamath Tribal legislative and

executive actions under the Constitution of the Klamath Tribes; and

commissions, agencies, and other administrative bodies of the Klamath Tribes as authorized by the

Klamath Tribal Code; provided that all decisions of the Klamath Tribal Court in administrative

appeals shall be final and not further appealable in any court or forum; provided further that nothing

in this Section shall be construed as affecting or limiting the General Council’s legislative authorities

to avoid similar future decisions by changing existing laws or enacting new laws.

11.12 Klamath Juvenile Court. There is hereby established the Klamath Juvenile Court, which

shall have limited jurisdiction over all matters arising under the Klamath Juvenile Ordinance and any

other provisions of the Klamath Tribal Code requiring or permitting the Court to exercise authority

over juveniles.

11.13, Klamath Peacemaker Court. There is hereby established the Klamath Peacemaker Court,

whichshall have limited jurisdiction over all matters arising under and authorized by the Klamath

Peacemaker Ordinance.

11.14 Klamath Supreme Court.

(a) There is hereby established the Klamath Supreme Court, which, except as otherwise

provided in this Ordinance or the Klamath Tribal Code, shall be the final forum for the review of the

decisions of the Klamath Tribal Court, Klamath Peacemaker Court, and Klamath Juvenile Court, and

such other lower courts that may be established by the General Council from time to time.

(b) The Klamath Supreme Court shall have jurisdiction to:

qd) except as otherwise provided in the Klamath Tribal Code, hear appeals from

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final judgments and other appealable orders of the Klamath Tribal Court, Klamath Juvenile Court,

Klamath Peacemaker Court, and such other lower courts that may be established by the General

Council from time to time; and

(2) issue any order in aid of its jurisdiction as it deems necessary and proper,

including orders to the Klamath Tribal Court, Klamath Juvenile Court, Klamath Peacemaker Court,

and such other lower courts that may be established by the General Council from time to time.

in any court or forum; provided that nothing in this Section shall be construed as affecting or

limiting the General Council’s legislative authorities to avoid similar future decisions by changing

existing laws or enacting new laws.

11.15 Composition of the Courts.

(a) The General Council shall designate one (1) Judge to serve as the Chief Judge

throughout his or her term. The Chief Judge shall preside over the Klamath Tribal Court, provided

that, in his or her temporary absence, disability or disqualification, or for such other reasons as he or

she deems necessary, the Chief Judge may appoint an Associate Judge or a Judge Pro Tempore to act

in his or her place.

(b) The Chief Judge shall designate annually an Associate Judge to serve as the Judge of

the Klamath Juvenile Court or the Chief Judge also shall serve as the Judge of the Klamath Juvenile

Court.

one (1) or more peacemakers.

(d) | The Klamath Supreme Court shall be composed of three (3) Visiting Justices.

11.16 Appointment of Visiting Justices.

(a) The Chief Judge shall appoint three (3) Visiting Justices to hear cases before the

Klamath Supreme Court. The Chief Judge shall appoint one (1) Visiting Justice to serve as the Chief

Justice.

(b) All Visiting Justices shall meet the judicial qualification requirements of this

Ordinance.

with an intertribal or other organization that provides appellate services to tribal governments as a

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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means of appointing Visiting Justices under this Section.

11.17 Election of Chief and Associate Judges.

(a) The General Council shall elect the Chief Judge and any Associate Judges.

(b) Following the first election of the Chief Judge and any Associate Judges, the General

Council shall elect Judges at the next general election of the Klamath Tribes to serve three (3) year

terms or such other terms set by the General Council at the time of their election, subject to the

forfeiture and removal provision of this Ordinance. Thereafter, Judges shall be elected by the

General Council to serve three (3) year terms or such other terms set by the General Council at the

time of their election, subject to the forfeiture and removal provision of this Ordinance, and in

accordance with the following requirements:

(1) Any person who is certified by the Tribal Council as meeting the judicial

qualification requirements of this Ordinance shall be eligible to be placed on an election ballot of the

Klamath Tribes or be otherwise nominated to fill a vacancy on the Tribal Courts. Requests for a

certification from the Tribal Council shall be made in writing on the forms provided by the Tribal

Council, and submitted not later than the second Tuesday of January before the judicial election.

(2) Except as otherwise provided in this Ordinance, elections of Judges shall be

governed by the Elections Ordinance of the Klamath Tribes.

11.18 Qualifications for Judges.

(a) To be eligible to serve as a Judge of the Tribal Courts, a person must possess the

following qualifications:

(1) A Judge must be a Native American that is at least thirty (30) years of age

and who:

(A) _ has never been convicted in any court of a felony or within the last

twelve (12) months of a misdemeanor, nor dishonorably discharged from any military service:

(B) has ajuris doctor from an accredited school of law or has served as a

judge for at least one year;

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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Secretary, Treasurer, or member of the Tribal Council; and

(D) does not hold the office of Chairman, Vice-Chairman, Secretary,

Treasurer, or member of the Tribal Council.

(b) — Inaddition to the qualifications in Subsection (a) of this Section, no Visiting Justice may be a

Chief Judge or Associate Judge.

11.19 Forfeiture and Removal.

(a) Any person holding the position of Judge shall automatically forfeit said position for

any of the following reasons:

qd) conviction of a felony in any court;

(2) conviction of a misdemeanor in any court; or

(3) seeking election to the office of Chairman, Vice-Chairman, Secretary,

Treasurer, or member of the Tribal Council; provided that the term of any Judge who must forfeit his

or her position under this Subsection shall end when he or she becomes a candidate for such office

by having his or her name placed on an election ballot of the Klamath Tribes or otherwise, or when

he or she announces publicly an intent for candidacy to such office.

(b) — A Judge also may be removed from his or her position by 2/3 majority vote of the

qualified voters of the General Council present at a validly called regular or special meeting for

abuse of office, neglect of duty, or gross misconduct. Evidence of abuse of office, neglect of duty,

or gross misconduct shall include, but not be limited to any breach of the standards of conduct for

Judges set forth in this Ordinance. The Judge whose removal is being attempted shall be given a full

and fair opportunity to confront his or her accusers, to present evidence, and to reply to any and all

charges at a designated regular or special General Council meeting. The accused Judge shall be

given written notice of all charges against him or her at least ten (10) days before the meeting.

11.20 Vacancies.

(a) In the event of a vacancy the Tribal Council shall appoint a person to serve as the

Judge until the next regular Chief Judge election.

(b) In the discretion of the General Council, a Judge may be elected under this Section to

serve for the duration of the term of the vacated position being filled or for such other term set by the

General Council at the time of a Judge’s election, subject to the forfeiture and removal provisions of

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this Ordinance.

11.21 Compensation.

(a) Judges, including Visiting Justices and Judges Pro Tempore, shall be paid for actual

time spent by such Judge in the performance of his or her judicial duties on an hourly basis, at such

rates established by the Tribal Council, or as otherwise provided for in a written contract between the

Judge and the Klamath Tribes. A Judge's pay shall not be diminished by any amount or increased by

any amount beyond a reasonable cost of living allowance during his or her term as Judge.

(b) Unless otherwise provided for in a written contract between the Judge and the

Klamath Tribes, expenses, including costs for food, travel and lodging, which are incurred by a

Judge, including Visiting Justices and Judges Pro Tempore, in the performance of judicial duties

shall be reimbursed by the Klamath Tribes on a per diem basis, at a rate established by the Tribal

Council. No expenses shall be allowed when a Judge holds court in the town or location where such

Judge resides.

every three (3) months, or more often if required by the Tribal Council or a contract, reporting his or

her expenses incurred and, if the Judge is paid on an hourly basis, his or her hours worked.

11.22 Disqualification of Judge to Hear a Case; Cause.

(a) Any Judge shall be disqualified or shall disqualify himself or herself from hearing any

case, or determining any matter in a case, in which the Judge has a bias, prejudice, or direct interest

in the outcome.

(b) Unless both parties stipulate to retaining the Judge on their case, a Judge shall be

disqualified or shall disqualify himself or herself from hearing any case wherein a party or counsel

for a party is one of the following relatives to the Judge:

qd) spouse;

(2) uncle or aunt;

(3) niece or nephew;

(4) grandparent or grandchild;

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(5) brother or sister;

(6) mother or father including step-parents;

(7) son or daughter;

(8) first or second cousin; or

(9) a spouse of one of the preceding.

whether based on the whole blood, half blood, adoption, or marriage.

(d) In addition to the grounds set forth herein for disqualification or recusal, unless both

parties stipulate to retaining the Judge on their case, a Judge shall disqualify himself or herself from

hearing a case in which:

(1) aclose relative is a party or witness; or

(2) the Judge has personal or financial interests that may be affected by the

outcome, has formed an opinion about the merits of the case, or has personal knowledge of the facts

that would prevent him or her from considering all sides impartially.

(e) Any Judge who disqualifies himself or herself from any case or from determining any

matter in a case shall state in writing the basis for that disqualification. The Judge shall file that

statement in the Court's file for the case, and provide a copy to the parties.

11.23 Appointment of Judges Pro Tempore.

(a) In any case in which, due to recusal, disqualification, or any other cause, including

stipulation of the parties, the Chief Judge determines that there is no Associate Judge available to

hear the matter, the Chief Judge, in consultation with the Associate Judges, if any, may appoint a

Judge Pro Tempore to hear such matter, subject to the prior approval of the Tribal Council. A Judge

Pro Tempore shall meet the judicial qualifications set forth in this Ordinance.

(b) A Judge Pro Tempore shall have all the judicial powers of a regular elected Judge of

the particular Court to which said person is appointed.

expenses necessarily arising from such services in accordance with this Ordinance.

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(d) — Aperson who has been a Judge Pro Tempore may not act as counsel in a proceeding

in which he or she has served as a Judge or in any other proceeding related thereto.

11.24 Judicial Standards of Conduct. The following standards of conduct shall govern all Judges

of the Tribal Courts:

(a) A Judge shall promote justice under Klamath Tribal Law.

(b) A Judge shall promote and protect the independence of the Tribal Courts. As to

independence, a Judge shall:

(1) not engage in outside activity that would be inconsistent with his or her

judicial duties; and

(2) not be swayed by public criticism or clamor regarding his or her official

actions.

careful exercise of Court business.

(d) A Judge shall avoid impropriety and the appearance of impropriety in all activities.

Specifically, a Judge shall:

dd) not use his or her judicial position to promote financial or business dealings

nor shall he or she be influenced by family, social, or other relationships in his or her judicial

conduct or judgment; and

(2) comply with the law and conduct himself or herself at all times in a manner

that promotes public confidence in the integrity and independence of the Klamath Tribes Judiciary.

(e) A Judge shall perform his or her duties of office with impartiality and diligence. As

to fairness and diligence, a Judge shall:

(1) maintain his or her professional competence;

(2) be patient, courteous, careful, and conscientious in the performance of all

official duties;

(3) maintain order in the courtroom;

(4) _ exceptas otherwise authorized by applicable Klamath Tribal Law, not initiate

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nor consider ex parte or other communications about a case or proceeding which is or may be before

the Court; provided that a Judge may obtain the advice of a disinterested expert on the law applicable

to a proceeding and consult with other Judges, the Tribal Court Administrator, and Clerks of the

Court; and

(5) except in the course of official proceedings, abstain from public comment

about a pending or impending proceeding in any of the Tribal Courts and require similar abstention

on the part of other Judges, the Tribal Court Administrator, and Clerks of the Court.

11.25 Additional Powers of the Courts. Judges shall have the following powers, which they may

use in addition to any other powers granted to them in the Klamath Tribal Code or otherwise by the

General Council:

(a) _ to preserve order when engaged in the performance of official duties;

(b) to compel compliance with lawful orders of the Court;

Klamath Tribal Code to compel the presence of persons to testify in proceedings and to compel the

production of documents or other evidence;

(d) to administer oaths; and

(e) to punish for contempt.

11.26 Contempt of Court.

(a) The following acts and omissions may be punished as contempt of Court:

(1) a breach of the peace, or other disorderly or insulting behavior toward the

Court during judicial proceedings which interrupts the proceedings, undermines the dignity of the

Court, or otherwise interferes with the administration of justice;

(2) willful neglect or violation of duty, or abuse of office by an officer of the

Court;

(3) deceit or abuse of process or proceedings of the Court;

(4) disobedience of a lawful judgment, order, or process of the Court;

(5) impersonating an officer of the Court;

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(6) __ interfering with or threatening a party, witness, officer of the Court, juror, or

counsel, in or out of Court, in such a way as to obstruct the administration of justice by the Court;

and/or

(7) refusing to be sworn as a witness, or to testify in a judicial proceeding when

ordered by the Judge to do so, except in the case of a defendant in a criminal proceeding, or a person

holding any other privilege against compelled testimony recognized by Klamath Tribal Law.

(b) Imposition of sanctions for contempt of Court is a civil matter if its purpose is to

compel obedience to a Court order or judgment and the sanctions imposed terminate when the

person complies with the judgment or order. Civil contempt shall be sanctioned by monetary

sanctions of not more than five thousand dollars ($5,000.00) per single act of civil contempt.

punish an Indian who is in contempt by imposing sanctions that will continue past the time of

compliance with the judgment or order, or the termination of the act of contempt. Criminal

contempt must be punished and prosecuted in accordance with the Klamath Rules of Criminal

Procedure; provided that no Indian shall be imprisoned for a single act of criminal contempt for

more than one (1) year and/or subjected to monetary sanctions exceeding five thousand dollars

($5,000.00).

(d) A direct civil contempt is one committed in the presence of the Court or so near to it

as to be disruptive of the Court proceedings, and may be adjudged and punished immediately by the

Judge presiding over the hearing.

(e) All other civil contempt shall be adjudged at a hearing at which the person accused of

contempt is given notice and an opportunity to be heard.

(63) All orders of contempt shall recite the facts and shall be signed by the Judge and

entered of record.

11.27 Rules of Court.

(a) The Chief Judge of the Klamath Tribal Court, in consultation with Associate Judges

and Visiting Justices, may promulgate rules of court to govern the proceedings and operation of each

of the Klamath Tribal Courts, subject to the approval of the Tribal Council.

(b) Rules of court shall not abridge any rights of parties to actions before the Court, and

shall not conflict with procedural provisions of the Klamath Tribal Code.

11.28 Judicial Training. The Tribal Council may establish educational training requirements and

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programs for Judges or require Judges to attend other available training sessions.

ADMINISTRATION OF THE KLAMATH TRIBAL COURTS

11.29 Court Sessions. Sessions of the Tribal Courts shall be held on weekdays during regular

working hours at such places designated by the Chief Judge, or in exceptional circumstances, at such

other reasonable places, days, and times as the Chief Judge may designate.

11.30 Court Decorum.

Except as otherwise provided in the Klamath Tribal Code, the following rules shall govern

Court decorum:

(a) a person authorized and designated by the Chief Judge shall open each session of the

Court and be present to keep order in the courtroom and to carry out orders of the presiding Judge;

(b) __ the public will be permitted in the courtroom during Court sessions unless the Judge

prohibits their presence in order to promote the effective administration of justice;

manner;

(d) no person shall smoke or chew gum in the courtroom;

(e) while in the courtroom, no person shall make a loud or unusual noise, use profane

language, or otherwise disturb the proceedings:

(f) no person shall enter the courtroom under the influence of intoxicating liquor or

drugs;

(g) _ all persons shall show respect and courtesy to the Judge, parties, and officers of the

Court; and

(h) no person shall sketch, take photographs, or make auditory or video recordings during

any proceedings of the Tribal Courts; provided that this Subsection shall not prohibit the Court from

so recording proceedings.

11.31 Officers of the Court. Officers of the Klamath Tribal Courts shall include:

(a) The Tribal Court Administrator, Clerk(s) of the Court, and any deputies, probation

officers, referees, or masters;

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(b) _ persons authorized to enforce the Klamath Tribal Code, including but not limited to

special officers, rangers, conservation officers, wildlife management agents, or other persons

carrying out orders of the Court;

the prosecutor, juvenile officer, and General Counsel of the Klamath Tribes; and

(d) __ bailiffs and process servers.

11.32 Staff of the Klamath Tribal Courts.

(a) The Chief Judge may hire in accordance with any applicable personnel policies of the

Klamath Tribes a full- or part-time Tribal Court Administrator to help in administering the Klamath

Tribal Courts under the supervision of the Chief Judge, including but not limited to performing the

following tasks:

(1) compiling and maintaining records and statistics of pending cases and other

business of the Tribal Courts;

(2) assigning all motions, pretrial conferences, trials, and other matters for

disposition, and maintaining and publishing all assignments and calendars;

(3) advising the parties or their counsel of the status of various calendars;

(4) coordinating with and supervising the Clerks of the Courts, if any, to

accomplish the prompt and orderly disposition of the business of the Tribal Courts;

(5) making suitable courtroom and personnel arrangements for Visiting Justices

and Judges Pro Tempore as directed by the Chief Judge;

(6) _ supervising all other Court personnel assigned thereto except Judges;

(7) inthe absence ofa Clerk of the Court, performing the duties of the Clerk; and

(8) performing such other duties as the Chief Judge shall direct.

(b) The Chief Judge may hire in accordance with any applicable personnel policies of the

Klamath Tribes one (1) or more full- or part-time Clerk(s) of the Court to assist the functioning of

the Tribal Courts under the direction of the Tribal Court Administrator. The duties of a Clerk of the

Court shall include, but are not limited to the following:

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(1) keeping all records, files, dockets and other information required to be kept by

this Ordinance, rules of court, or orders of the presiding Judge;

(2) maintaining tape or stenographically recorded records of Court proceedings as

required by the Court or requested by the parties;

(3) administering oaths;

(4) collecting and accounting for all fines, bail or bond money, filing fees, and

such other money or property as may accrue to the Tribal Courts, and disbursing such money or

property as required by law and as directed by the Tribal Courts;

(5) aiding the public in their dealings with the Tribal Courts;

(6) providing Court forms to the public upon request and providing assistance, but

not legal advice, to persons who need help filling them out;

(7) accepting and marking for filing all pleadings and other Court documents;

(8) maintaining a Roll of Counsel, listing all attorneys, lay advocates, and law

students authorized or certified to practice before the Tribal Courts under this Ordinance;

(9) maintaining the Court calendar under the supervision of the Tribal Court

Administrator;

(10) inthe absence of the Tribal Court Administrator, performing the duties of the

Tribal Court Administrator; and

(11) _ performing such other duties as the Chief Judge or Tribal Court Administrator

shall direct.

(1) be twenty-one (21) years of age or older;

(2) be of good moral character; and

(3) have completed at least twelve (12) years of education or received a graduate

equivalency degree.

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determined by the Chief Judge, subject to approval by the Tribal Council.

(d) No Tribal Court Administrator or Clerk of the Court shall give legal advice or

represent anyone before the Klamath Tribal Courts while employed by the Court.

(e) The Tribal Court Administrator and Clerks of the Court shall be bonded to secure the

honest collection of bonds, fines, and other monies paid into the Tribal Courts.

11.33 Court Records and Library. The Tribal Courts shall be courts of records and the following

requirements shall apply.

(a) A complete record shall be kept of all matters brought before the Tribal Courts. This

record shall include the files of all cases which are or have been before the Courts.

(b) Each case file shall be stored in a manner which makes it possible to locate it by the

name of either the plaintiff or the defendant, or the Court number.

been filed by the parties and the Court in that case. The file also shall contain a Transcript Index,

which shall indicate for each courtroom proceeding whether or not a transcript or recording of the

proceeding has been prepared, and if so, the location of that transcript or recording. Each transcript

or recording shall be filed in such a manner as to make it possible to locate it using the information

on the relevant Transcript Index.

(d) Each file shall contain an Appearance and Filing Docket in which shall be entered:

(1) __ the date of each Court hearing which occurs in the case, a brief description of

the purpose and the outcome of the hearing, a list of the parties, counsel, and witnesses participating

in the hearing, and the name of the Judge presiding; and

(2) the date on which each document is filed in the case, the name of the

document, and the name of the party or Judge who filed it.

(e) The files and records of the Tribal Courts, except for the internal working documents

not relating to specific cases, shall be public and open for inspection during Court business hours

except as otherwise provided by this Ordinance or the Klamath Tribal Code.

(f) Files and records of the Klamath Juvenile Court and those relating to adoptions shall

be available only to the parties and their counsel except as specifically provided by Court order in

particular cases. Such files shall be conspicuously marked or filed in a separate place to avoid

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accidental public release.

(g) The Tribal Courts shall be provided with or have access to all applicable tribal,

federal, and state laws and regulations of the Bureau of Indian Affairs. To the extent resources

permit, the General Council shall provide such materials.

(h) There shall be kept available for public inspection during regular business hours at the

office of the Tribal Court Administrator, copies of the Klamath Tribal Code, including all

amendments, and a copy of any rules of court.

(i) Except as otherwise provided in the Klamath Tribal Code, any party or any counsel to

a party involved in a proceeding before the Tribal Courts may obtain a certified copy of the Court

proceedings from the Clerk of the Court by paying a copying fee of twenty-five cents (25¢) per page

or such other the fee established by the Chief Judge.

PRACTICE BEFORE THE KLAMATH TRIBAL COURTS

11.34 Representation Before the Klamath Tribal Courts.

(a) Except as otherwise limited by the Klamath Tribal Code, any person may represent

himself or herself before the Tribal Courts or may be represented by a counsel at his or her own

expense, subject to the provisions of Subsection (b) of this Section.

(b) | No person may practice before the Klamath Tribal Courts without first having been admitted

to the Klamath Tribal Bar.

Court Administrator, prosecutor, bailiff, and probation officers, shall be allowed while employed in

such positions to represent any party before the Tribal Courts or to accept compensation for giving

legal advice to parties before the Tribal Courts; provided that this Subsection shall not be construed

to prohibit the prosecutor from representing the Klamath Tribes in criminal actions brought to

enforce Klamath Tribal Law.

(d) No Tribal Council member or officer shall be allowed to serve as counsel to a party

before the Tribal Courts while sitting on the Tribal Council.

11.35 Authority to Practice Before the Klamath Tribal Courts.

(a) In order to practice before the Tribal Courts, every attorney must:

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(1) apply for a license and obtain membership in the Klamath Tribal Bar and be:

(A) _ anattorney in good standing, licensed by and an active member of the

State Bar of Oregon; or

(B) —_anattorney in good standing, licensed by and an active member of any

other state bar association, who passes the Klamath Tribal Bar examination; or

(2) _ inthe discretion of the Court, be permitted to make a special appearance and

practice before the Tribal Courts only in a particular case upon making a motion to the Judge having

jurisdiction over the case.

(b) In order to practice before the Klamath Tribal Courts, every lay advocate who is not

an attorney must pply for a license, obtain membership in the Klamath Tribal Bar, and pass the

Klamath Tribal Bar examination.

criminal matters only when the defendant has knowingly waived his or her right to counsel.

(d) Every applicant for a license must submit a sworn statement signed by the applicant

that he or she:

(1) has read and is familiar with this Ordinance and any rules of court pertaining

to attorney and lay advocate conduct and will abide by the provisions thereof:

(2) _ hasread and is familiar with the Oregon Code of Professional Responsibility

and will abide by the provisions thereof to the extent that such Code is not inconsistent with Klamath

Tribal Law;

(3) submits to the jurisdiction of the Klamath Tribal Court for disciplinary

purposes; and

(4) _ has not been disciplined by the Tribal Courts or the courts of any jurisdiction

within the past five (5) years.

(e) No person meeting the requirements of this Section shall be authorized to practice

before the Tribal Courts until the applicant has been authorized to do so by order of the Chief Judge

of the Klamath Tribal Court. A copy of the order authorizing the practice of law shall be filed in the

records of the Klamath Tribal Court.

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(f) Law students who are certified under the following provisions will be permitted to

practice on Klamath Tribal Lands and before the Tribal Courts for a specified time. In order to make

an appearance pursuant to this Subsection, the law student must:

(1) __ beduly enrolled in a law school approved and accredited by the American Bar

Association, be supervised by an attorney who is a member of the Klamath Tribal Bar, and be

authorized by the Klamath Tribal Court to make appearances;

(2) have successfully completed legal studies amounting to at least three (3)

semesters, or the equivalent if the school is on some basis other than a semester basis;

(3) be certified by the dean of the law school as being of good character and

competent legal ability, and as being adequately trained to perform as legal intern including

instruction in civil, criminal, and courtroom procedure;

(4) neither ask for nor receive any compensation or remuneration of any kind for

his or her services from the person on whose behalf he or she renders services, but this shall not

prevent an attorney, legal aid bureau, law school, public defender agency, or the Klamath Tribes

from paying compensation to the eligible law student;

(5) certify in writing that he or she has read and is familiar with this Ordinance

and any rules of court pertaining to attorney and lay advocate conduct, and will abide by the

provisions thereof;

(6) certify in writing that he or she has read and is familiar with the Oregon Code

of Professional Responsibility and will abide by the provisions thereof to the extent that such Code is

not inconsistent with Klamath Tribal Law; and

(7) submits to the jurisdiction of the Klamath Tribal Court for disciplinary

purposes.

11.36 Licensing.

(a) The fee for an initial license to practice before the Tribal Courts shall be fifty dollars

($50.00) for attorneys and twenty-five dollars ($25.00) for lay advocates or such other fees

established by the Chief Judge from time to time by rule of court.

(b) All licenses to practice before the Tribal Courts must be renewed annually on or

before February 1 of each year by completing the license renewal forms established by the Klamath

Tribal Court and paying fifty dollars ($50.00) for attorneys and twenty-five dollars ($25.00) for lay

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advocates or such other fees established by the Chief Judge from time to time by rule of court.

Expired licenses may not be renewed, and such applicants must apply for and meet all the

requirements for a new license to practice before the Tribal Courts.

licensing of attorneys and lay advocates and shall make the final decision as to the granting of each

license.

(d) A Roll of Counsel, listing the names of all counsel currently licensed or certified to

practice before the Tribal Courts, shall be used by the Tribal Courts to determine if a particular

counsel is authorized to appear before the Courts.

(e) Any applicant denied a license to practice before the Tribal Courts may appeal to the

Klamath Supreme Court in accordance with the Klamath Rules of Appellate Procedure.

11.37 Klamath Tribal Bar Examination.

(a) The Chief Judge, in consultation with an attorney who is a member in good standing

of the Klamath Tribal Bar, shall develop and oversee the administration of the Klamath Tribal Bar

examination, which shall be a minimum standards test that will require an applicant to demonstrate

an adequate, general working knowledge of Klamath Tribal Law, federal Indian law, and rules of the

court.

(b) The fee for all applicants taking the Klamath Tribal Bar examination shall be fifty

dollars ($50.00) or such other fee established by the Chief Judge from time to time by rule of court.

11.38 Discipline of Counsel Licensed to Practice Before the Klamath Tribal Courts.

(a) Upon the receipt by the Chief Judge of a verified complaint alleging that a counsel

has acted unethically, or improperly, or violated a rule of court relating to the standards of conduct

and professional responsibility, or alleging that there are reasonable grounds to believe that any

counsel authorized to practice before the Tribal Courts has been disbarred, suspended from practice,

or disciplined relating to his or her practice of law in any other jurisdiction, such counsel shall

immediately be served with notice that he or she will be suspended from the practice of law in the

Tribal Courts unless he or she appears in the Klamath Tribal Court before the Chief J udge within ten

(10) days of receipt of the notice and shows cause why he or she should not be suspended.

(6) — Any Judge who finds a counsel in contempt of Court may, in addition to imposing

any other sanctions provided by this Ordinance, order the counsel to appear as in Subsection (a),

above.

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provide an accounting of monies received and expended on behalf of the client and to justify the

accounting.

(d) Any counsel who is ordered to appear pursuant to this Section shall be afforded a full

and fair hearing, with the rights to confront his or he accuser, to present evidence, and to subpoena

and call witnesses. If after the hearing the Chief Judge finds on the basis of the evidence that

counsel is guilty of misconduct which requires the imposition of disciplinary action, he or she may:

qd) verbally censure counsel;

(2) issue a written reprimand to counsel, which shall be recorded on the Roll of

Counsel maintained by the Clerk of the Court;

(3) suspend counsel for a specific period of time from practicing before the Tribal

Courts;

(4) suspend counsel for an indefinite period of time, setting a date for review of

the matter to determine the necessity of continued suspension; or

(5) disbar counsel permanently from practicing before the Tribal Courts.

(e) Any final order sanctioning counsel may be appealed to the Klamath Supreme Court

in accordance with the Klamath Rules of Appellate Procedure.

JURIES AND JURORS

11.39 Trial by Jury. Any defendant in a criminal proceeding who is accused of an offense

punishable by imprisonment shall be entitled to a trial by jury.

11.40 Jury Size. Unless otherwise required or allowed under the Klamath Tribal Code, ajury shall

consist of six (6) qualified persons and at least one (1) alternate juror.

11.41 Jury List. Each year, after the Klamath Tribal Court begins to hear criminal cases, the

Tribal Council, or the Chief Judge at the direction of the Tribal Council, shall prepare a list of

persons eligible to serve as jurors. Based on this jury list, the Clerk of the Court shall prepare a

ballot in the name of each eligible person and protect the ballots from unauthorized access.

11.42 Eligible Jurors. To be eligible to serve as a juror for a case being heard by the Tribal

Courts, a person:

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(a) must be a member of the Klamath Tribes, a spouse of a member of the Klamath

Tribes residing within the Klamath Tribes’ service area as designated by the Tribal Council

(b) — must be eighteen (18) years of age or older;

(d) must not at the time the jury list is made, or at the time of the trial, be a judge,

employee, or officer of the Tribal Courts, be a member or officer of the Tribal Council, or be

employed as a person authorized to enforce Klamath Tribal Law.

Any non-member of the Klamath Tribes who claims to be a spouse of a member of the Klamath

Tribes for the purposes of this Section may register for jury duty by giving the Tribal Council a

written statement of his or her qualifications for such status under this Section.

11.43 Selection for Jury Duty.

(a) _ Not less than seven (7) days before the date set for the beginning of a jury trial, the

Chief Judge shall draw, at random, the number of ballots determined by the Chief Judge as sufficient

for the particular trial. The Clerk of the Court shall then issue and cause to be served upon each

person whose ballot was drawn a jury summons.

(b) The jury summons shall notify the person being summoned to appear in Court on the

date set for the beginning of the trial, one hour before the time set for the trial. Failure of a person

served with a jury summons to appear shall constitute contempt of Court, and the summons shall

contain a warning to that effect. Upon request, the judge shall have the power to excuse any person

from jury duty due to sickness, disability, severe hardship, or for other good cause, however, excuse

from jury duty shall be disfavored.

containing the names of each of the summoned potential jurors who have appeared by the time set

for their appearance. Those persons whose names are in the ballot box shall be known as the jury

panel. After the judge calls the Court to order, he or she shall draw from the ballot box, at random,

the names of ten (10) members of the jury panel or such other number determined by the judge, who

shall then be seated in the jury area. The Clerk of the Court shall make a list of the names in the

order in which they were called.

(d) After the first members of the jury panel have been seated, the judge shall conduct an

examination of them as to their qualifications and may permit the parties or their counsel to conduct

or participate actively in such examination. The judge and each party shall have unlimited

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

TRIBAL COURT ORDINANCE

KLAMATH TRIBAL CODE

Title 2 Chapter 11

challenges to disqualify a potential juror from the jury panel for cause, but all such challenges must

be made in good faith. “Cause” shall exist on the grounds that a potential juror:

(1) is not qualified;

(2) has a personal or financial interest in the outcome of the case;

(3) is related to one of the parties;

(4) has formed an opinion about the case; or

(5) is unlikely to be able to render a fair, impartial verdict.

(e) For purposes of Subsection (d)(3) of this Section, a potential juror should be

disqualified for cause if a party is one of the following relatives to the potential juror, whether based

on the whole blood, half blood, adoption, or marriage:

qd) spouse;

(2) uncle or aunt;

(3) niece or nephew;

(4) grandparent or grandchild;

(5) brother or sister;

(6) mother or father including step-parents;

(7) son or daughter;

(8) first or second cousin; or

(9) a spouse of one of the preceding.

(f) The judge shall excuse any juror he or she believes to be unqualified. After all

disqualified jurors have been excused, enough additional ballots shall be drawn by the judge to

replace the disqualified persons with new members of the jury panel. The Clerk of the Court shall

add their names to the list in the order in which they were called. The procedure for challenge for

cause shall continue until ten (10) qualified persons remain seated in the jury area.

Date Adopted: 11/25/00 Most Recent Amendment: 11/22/03

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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.