LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

TRIBAL COURT

Chapter 5

“Judicial Conduct Court Rules”

Adopted April 21, 2008

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Chapter 5

Judicial Conduct Court Rules

Table of Contents

5.000 Judicial Conduct Court RUIeS....... ce ceseesrenterscenseenesneeeesenecceevereverenrentesesneesas 2

5.100 Purpose And Definitions 200.00. ceeeceseeserereesereceenreeneeneeveveneeseceresereereiteessnreeas 2

5.101 PUrPOSG ......eeececccssccccsssnsecesenecentsnecsneeeseneeeeecsaaceseseetececaaaeerensaneessenaesesauesenaeesanes 2

5.102 Applicability of this Judicial Conduct Court Rule... 2

5.103 Definitions cece cece eeeeeecneetnreeeaeeeeeeseeceeeeesnessaeecesneestesieeseaeeneeteeen 2

5.200 Judicial CONCUCE ee cee cence ene ere crate ree cee cseteecencaesneecareesesneesaeenitaeeensneesas 2

5.201 Honesty and Independence ............ ccc ceeceececeeenceeeeeteceeeeensseeeecenecevsrresensesesaes 2

5.202 Impropriety and the Appearance of Impropriety........0......:ccecceceeecseeereesetneeenseens 2

5.203 Impartial and Diligent Performance of Duties... eeeeneee 3

5.204 Improvement of the Legal System and the Administration of Justice................... 5

5.205 Extra-Judicial Activities 0.0... cece ceeeesesserereentecseenreeaesneeteseneveevereseeserenteeretess 5

5.206 Political Activities 0.0.0. ec ce eeeecceseeneeesenterenecneecneentsenestaevieesieeseesereversantneeeeneeaes 6

5.207 Continuing Educational Activities 000... ice cencecececesneesneeeeteeesaeseteseeeseeeeeeees 6

5.300 Enforcement of Ethical Rules... ce ccc cence cee ersesneeseeenneenrtnaetetaesereareaes 7

5.301 Enforcement of this Chapter 0.0.0.0... ccc ecccesecceseeenecneeeeeneeeeesseeeeesnresieeaetereenenaes 7

5.302 Responsible Authority 0... ee cece eceeee cee reneecseeeseeesereesseersnrenirseeesneeneeseee 7

5.303 Complaint... ccc cece cneeeeeceeeeceeesecteeeecseeseaeseneeensaueaieeseseeeegieecieseeeesteeneeregs 8

5.304 Disciplinary Action-DiSPOSition 00... ces eescesseesseesresersnteeeeceevsnesneeseeesesersersateate 8

5.305 Removal of a Member of the JUdICIAIY «0.0.2... . ccc ceccecceceeeceeteseceneetetstessseesvatesenaees 8

5.306 Appeal oo... eee cence ene eereceeee sree sneeseeeeesneeseaeesseeeenessetecessevennesensesteesnesieees 10

5.307 Confidentiality 0.0.0 cee ree eres eeeneeseeeeseeeeceeeeneeciseesneeeniegeeeseneesieseees 10

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CHAPTER 5

5.000 JUDICIAL CONDUCT COURT RULES

5.100 Purpose and Definitions

5.101 Purpose. The purpose of this Chapter is to provide for and guide the

professional conduct of Little Traverse Bay Bands of Odawa Indians

judges and appellate justices.

5.102 Applicability of this Judicial Conduct Court Rule. This Chapter applies

to all tribal court judges and appellate justices who serve the Court ona

full-time, part-time or pro tempore basis.

5.103 Definitions. When used in this Chapter, unless the context clearly

otherwise indicates:

(A) “Chief Judge” means the chief trial court judge, who also serves as

the chief judge of the judiciary.

(B) “Complainant" means the person who files the request for an

investigation.

(C) “Judiciary” means collectively all tribal court judges and appellate

court justices of the Little Traverse Bay Bands of Odawa Indians.

(D) “Respondent” means a judge or justice who is the subject of a

complaint.

(E) =‘ "Tribal Council" means the legislative body of the Tribe.

(F) "Tribe" means the Little Traverse Bay Bands of Odawa Indians.

5.200 Judicial Conduct

5.201 Honesty and Independence. An independent and honorable tribal

judiciary is essential to justice in the tribal community. A tribal judge or

appellate justice should help create and maintain such a judiciary, and

should observe high standards of conduct toward achieving this goal. A

member of the Judiciary should maintain a separation between the judicial

branch and other branches of tribal government.

5.202 Impropriety and the Appearance of Impropriety. A member of the

Judiciary should avoid all impropriety and the appearance of impropriety in

all his or her activities. In addition, a member of the judiciary should:

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(A) respect and comply with the laws and traditions of the Tribe and

should at all times act in a manner that promotes public confidence

in the honesty and impartiality of the Judiciary;

(B) not allow family, social or other personal relationships to influence

judicial conduct. A member of the Judiciary should not attempt to

use the prestige of the office to advance the private interests of

others and should not convey the impression that anyone has

special influence on the judiciary member; and

(C) distance him or herself from any litigation and only appear as a

witness in a court proceeding when subpoenaed.

5.203 Impartial and Diligent Performance of Duties. A member of the

judiciary should perform the duties of the office impartially and diligently.

The judicial activities of a full-time Judiciary member should take

precedence over all other non-judicial job assignments. This standard

does not apply to a part-time Judiciary member. The judicial duties of a

Judiciary member include all the duties of the office as prescribed by the

tribal constitution, tribal statute or court rules. Those duties include but are

not necessarily limited to the following:

(A) Adjudicative Responsibilities

(1) | A Judiciary member should adhere to the laws, customs and

traditions of the tribe, should not be swayed by partisan

interests, public clamor, political pressure, or fear of

criticism, and should resist influences by other tribal officials,

governmental officials or any others attempting to improperly

influence the Judiciary member.

(2) Members of the Judiciary should be patient, dignified and

courteous in all of their dealings in the court and the

community and should encourage similar conduct of other

persons in court proceedings and those court personnel who

are subject to their direction and control.

(3) © Amember of the Judiciary should not consider nor permit ex

parte communication with a litigant, attorney or lay advocate

concerning a pending or impending proceeding, uniess all

parties to the proceeding are present or such communication

is otherwise authorized by law.

(4) | Amember of the Judiciary should maintain order in the court

and should not interfere in the proceedings except where

necessary to protect the rights of the parties.

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{B)

(C)

(5)

(6)

A member of the Judiciary should deal promptly with the

business of the court.

A member of the Judiciary should not comment publicly on

any pending court proceeding and should also prohibit other

court personnel from making such public comment.

However, this subsection does not prohibit members of the

Judiciary from making public statements in the course of

their official duties or from explaining for public information

the procedures of the court.

Administrative Responsibilities

Judiciary members should:

(1) diligently perform their administrative responsibilities;

(2) require staff and court officials to observe high

standards of honesty and diligence; and

(3) if a witness to violations of this chapter, report such violations to

the appropriate authorities.

Disqualification

A member of the Judiciary must disqualify himself or herself if the

Judiciary member:

(1)

(2)

(3)

(4)

has a personal bias or prejudice concerning a party or

personal knowledge of disputed evidentiary facts;

has personally been or is currently in practice with someone

who has served as a lawyer, advocate, or personal

representative in the matter before the court;

or a family member has a personal financial interest in the

outcome of the case other than an interest held in common

by all tribai members;

or his or her spouse, or a person in a reasonably close

family relationship to either of them:

a) is a party to the proceeding or an officer, director, or

trustee of a party;

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

c) has an interest that could be substantially affected by the

outcome of the proceeding; and/or

d) is likely to be a material witness in the proceeding.

(D) Alternative to Disqualification. If the Judiciary member discloses

and all other members of the Judiciary agree in writing that the

Judiciary member's participation is not prejudicial or that the

financial interest is insubstantial, the Judiciary member is no longer

disqualified, and may participate in the proceeding.

5.204 Improvement of the Legal System and the Administration of Justice.

Judiciary members should engage in activities to promote the community's

understanding, access, and appreciation of the judicial system.

5.205 Extra-Judicial Activities.

(A) Judges and justices should not:

(1) be involved in activities that detract from the performance of

judicial duties;

(2) participate in an organization that will likely be involved in

proceedings that will come before the court; or

(3) engage in financial or business dealings that may adversely

affect his or her judicial position or duties.

(B) Because it is recognized that the position of appellate justice may

be a part-time position or a tribal judge may serve on a pro tempore

basis, such a Judiciary member may accept other employment and

participate in the operation of a business, subject to the following:

(1) A part-time member of the Judiciary should not practice law

either as a lawyer or an advocate:

(a) in the tribal court in which he or she serves; or

(b) in any court or administrative proceeding subject to

the appellate jurisdiction of the tribal court on which

he or she serves.

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(C)

(D)

(2) Apart-time member of the Judiciary should not act as a

lawyer or advocate in any proceeding in which he or she has

judicially served or in any related proceeding.

(3) Should not allow his or her family to accept a gift or loan that

would affect or create the appearance of affecting his or her

impartiality.

A member of the Judiciary may accept an appointment to

governmental committees as a service to the community. A

member may not serve on any committee that would be dealing

with issues that may come before the court. If a conflict arises, the

member of the Judiciary must either recuse or inform the Judiciary

that he or she cannot rule on any matter related to the dispute if it

comes before the court.

A member of the Judiciary may represent the Tribe on ceremonial

occasions or in connection with historical, educational, or cultural

activities.

5.206 Political Activities.

(A)

(B)

Judiciary members shall not be candidates for or serve on the

Tribal Council, nor be actively involved in the campaign of another

for Tribal Council.

A Judiciary member should refrain from all political activities or

actions that could be interpreted in the tribal community as

supporting any political position. All actions should be consistent

with this belief and supportive of this community standard. This

prohibition does not mean that a Judiciary member cannot, if he or

she chooses, engage in activities of electoral politics at the local,

state, or national level. This prohibition is specific and is not meant

to prevent a Judiciary member from participating in political

activities that are designed to preserve the jurisdictional and

sovereign rights of the tribal community.

5.207 Continuing Educational Activities.

Judiciary members, regardless of education and experience prior to being

appointed, should seek further legal and pertinent non-legal education

designed to improve their performance as a judge or justice and improve

the judicial system.

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5.300 ENFORCEMENT OF ETHICAL RULES

5.301 Enforcement of this Chapter.

Enforcement of this Chapter will be by action under 5.301(A) and 5.301(B)

of these Rules:

(A)

{B)

Any violation of this Chapter will be referred to the Judiciary

regarding:

(1)

(2)

(3)

(4)

(5)

(8)

physical or mental disability which prevents the performance

of judicial duties;

persistent failure to perform duties in a timely manner;

gross misconduct that is clearly prejudicial to the

administration of justice;

ineligibility, under Article IX of the LTBB Constitution, to

serve as a member of the Tribal Judiciary;

conviction by any court of competent jurisdiction of a felony

while serving as judge or justice; or

conviction of a misdemeanor involving dishonesty or acts

offensive to the morals of the community.

Referrals may only be made by a member of the Judiciary except

that:

lf a LTBB member believes that grounds exist for discipline of a

member of the judiciary, he or she shall state the allegations in

writing to the Court Administrator who shall distribute copies to

each member of the Tribal Judiciary. After reviewing the written

allegations, the Tribal Judiciary will decide whether sufficient

grounds exist for a removal hearing.

5.302 Responsible Authority

The Judiciary shail have the responsibility of enforcing the provisions of

this Chapter.

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5.303 Complaint.

(A)

(B)

(C)

A complainant alleging judicial misconduct must file a complaint

setting forth the alleged misconduct in writing, describing the

alleged misconduct, setting forth the specific facts of the

misconduct, including the approximate times and places, and citing

the specific ethical rule violated The complaint must be signed and

dated by the complainant and filed with the Court Administrator.

A Judiciary member subject to a complaint or discipline must

receive a copy of the written complaint.

The Chief Tribal Court Judge may compel the respondent to

answer questions, furnish documents, and present any information

deemed relevant to the investigation. Failure to do so on the part of

the judiciary member is misconduct and grounds for discipline.

§.304 Disciplinary Action - Disposition.

(A)

(B)

(C)

At each stage of the misconduct investigation, the goal will be to

have a fair inquiry.

The respondent will be informed of the resolution of the complaint

in writing.

If the Judiciary finds that a provision of Chapter 5 has been violated

by the respondent, it shall make one or more of the following

dispositions, taking into account the severity of the offense and

other factors the judiciary deems relevant:

(1) issue a reprimand;

(2) suspend the respondent from his or her office or duties for a

period of time;

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

(5) require the respondent to make restitution in an appropriate

amount, if applicable; or

(6) removal.

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5.305 Removal of a Member of the Judiciary.

(A) A tribal judge or justice may only be removed by the Tribal

Judiciary itself. The Judiciary may remove any judge or justice by

an affirmative vote of a majority of a panel consisting of ali other

members of the Judiciary, only for one or more of the following

reasons:

(1) unethical conduct which shall be deemed to be a violation of

any of the provisions of Section 5.200 of these rules;

(2) physical or mental disability which prevents the performance of

judicial duties;

(3) persistent failure to perform duties in a timely manner;

(4) gross misconduct that is clearly prejudicial to the administration

of justice;

(5) ineligibility, as defined in Article IX of the tribal constitution, to

serve as a member of the Judiciary; or

(7) conviction of a felony while serving as a judge or justice by any

court of competent jurisdiction.

(B) Procedures for Removal:

(1) If a judge or justice believes that grounds exist for removal of

another judge or justice, he or she shall state the charges in

writing, and distribute copies of the written charges to all

members of the Judiciary, including the accused. As soon as

practicable, but no more than sixty (60) days after receipt of the

written charges, the judiciary shall hold a hearing with all

members present at which the accused shall have the

opportunities to call and cross examine witnesses. The

member shall have the right to subpoena witnesses and be

represented by an attorney.

(2) If a Little Traverse Bay Bands of Odawa Indians member

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5.306

5.307

5.400

5.401

5.402

believes that grounds exist for removal of a judge or justice,

he or she shall state the charges in writing and deliver them

to the court administrator, who shall distribute copies to each

member of the Judiciary. After reviewing the written charges,

the judiciary shall by majority vote decide whether sufficient

grounds exist to hold a removal hearing as described in these

rules. This hearing shall be held as soon as practicable, but

shall not be held more than sixty-three (63) days following the

receipt of written charges.

Appeal.

A respondent may appeal in writing to the Judiciary within twenty-one (21)

days of the Judiciary's action. After the Judiciary has received the

respondent’s appeal, it may hold a hearing to receive additional

information, and/or to hear testimony relevant to the appeal, or the

Judiciary may make a decision without a hearing based on the facts

received. The final decision of the Judiciary on the appeal shall be final.

Confidentiality.

All papers, files and communications in an investigation and proceedings

before the judiciary prior to the decision to proceed with a disciplinary

action are confidential.

Short Title And Effective Date

Short Title.

These procedures shall be titled the Judicial Conduct Court Rules.

Effective Date.

These procedures become effective when adopted by the Tribal Judiciary

of the Little Traverse Bay Bands of Odawa Indians and signed below by

the Chief Judge.

CERTIFICATION OF ADOPTION

The Tribal Judiciary unanimously adopted the above Judicial Conduct Court

Rules on April 21, 2008.

Honorable JoAnne Gasco, Tribal Judiciary Chief Judge

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