ROUND VALLEY INDIAN TRIBES (2013)

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ROUND VALLEY INDIAN TRIBES

TRIBAL COURT CODE

ENACTED AUGUST 16, 2013

CHAPTER 1.

GENERAL PROVISIONS.............................................................................. 2

Section 1.01

Establishment of Tribal Court ........................................................................... 2

Section 1.02

Purpose .............................................................................................................. 2

Section 1.03

Application and Scope ....................................................................................... 2

Section 1.04

Jurisdiction......................................................................................................... 2

Section 1.05

Immunity of the Tribe........................................................................................ 4

Section 1.06

Judicial Power of the Court ............................................................................... 4

Section 1.07

Liberal Construction .......................................................................................... 4

Section 1.08

Interpretation of Law ......................................................................................... 4

Section 1.09

Conflicts With Other Laws ................................................................................ 5

Section 1.10

Amendment of Tribal Court Code ..................................................................... 5

Section 1.11

Adoption of Court Rules.................................................................................... 5

CHAPTER 2.

DEFINITIONS ................................................................................................. 6

CHAPTER 3.

ORGANIZATION OF THE COURT............................................................ 7

Section 3.01

Composition of the Court .................................................................................. 7

Section 3.02

Funding of the Court.......................................................................................... 7

Section 3.03

Tribal Court Administration .............................................................................. 7

Section 3.04

Court Records .................................................................................................... 7

Section 3.05

Personnel Policies for Court Staff ..................................................................... 8

CHAPTER 4.

JUDGES ........................................................................................................... 8

Section 4.01

Appointment of Judges ...................................................................................... 8

Section 4.02

Qualifications of Judges .................................................................................... 8

Section 4.03

Ongoing Eligibility of a Judge........................................................................... 9

Section 4.04

Judicial Terms of Office .................................................................................... 9

Section 4.05

Oath of Office .................................................................................................... 9

Section 4.06

Judicial Salaries ................................................................................................. 9

Section 4.07

Judicial Duties ................................................................................................. 10

Section 4.08

Judicial Code of Conduct ................................................................................ 10

Section 4.09

Removal or Discipline of Justices ................................................................... 10

CHAPTER 5.

LEGAL REPRESENTATION ..................................................................... 11

Section 5.01

Legal Representatives ...................................................................................... 11

Section 5.02

Licensing of Lay Representatives.................................................................... 11

Section 5.03

Licensing of Attorneys .................................................................................... 11

Section 5.04

Revocation of License ..................................................................................... 12

Tribal Court Code

CHAPTER 1.

Enacted August 16, 2013

GENERAL PROVISIONS

Section 1.01 Establishment of Tribal Court

The Round Valley Indian Tribes establishes a department within the Judiciary to be

known as the Tribal Court. In addition to a Tribal Court, the Tribal Council may establish a

Court of Appeals by resolution.

Section 1.02 Purpose

This Ordinance is enacted to establish and provide the processes and procedures for

the Tribal Court to exercise the Tribe’s inherent judicial power: to preserve and protect

both Tribal and individual resources; to preserve and protect Tribal culture and traditions;

and to protect the health and safety of Tribal members and individuals within the

jurisdiction of the Tribe.

In resolving matters before the Tribal Court the objective of the Tribal Court shall be

to discover and determine facts and, to the extent possible, seek a resolution that repairs

relationships, results in fairness, and uses retribution and punishment only when

necessary.

Section 1.03 Application and Scope

The provisions of this Ordinance are to be uniformly applied and enforced and

govern the rules, procedures, methods, and protocols for the adjudication and enforcement

of Tribal law.

Section 1.04 Jurisdiction

In accordance with Article VI, Section 2 of the Constitution, the Judiciary shall

exercise jurisdiction over all cases and controversies within the jurisdiction of the Tribe, in

law and equity, whether civil or criminal in nature, that arise under the Tribe’s constitution,

the laws and customs of the Tribe, by virtue of the Tribe’s inherent sovereignty, or by

authority vested in the Tribal Courts by Federal law.

The jurisdiction of the Court includes:

(A) Territory:

(1) In accordance with Article I of the Constitution, all lands within the original

boundaries of the Reservation;

(2) Off-Reservation lands owned by, held in trust for, leased, or used by the Tribe,

its members, or any other entity established by the Tribe;

(3) Off-Reservation lands as provided for in other applicable Tribal law; and

(4) The Tribe’s Indian Country as defined in 18 U.S.C. 1151.

(B) Persons and Entities:

(1) The Tribe and Tribal entities;

(2) Persons or entities employed by the Tribe;

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Enacted August 16, 2013

(3) Persons or entities who have entered into contracts with the Tribe or a Tribal

entity;

(4) Persons or entities doing business within the territorial jurisdiction of the

Tribal Court;

(5) Tribal members;

(6) Other Indians;

(7) Any person who is considered an Indian by the Tribe;

(8) All persons or other entities that have consented to the jurisdiction of the Tribe

or Tribal Court;

(9) Persons or entities that engage in any conduct that affects the ability of the

Tribe to govern itself or threatens the health, safety or welfare of the Tribe,

Tribal members, or the residents of the Reservation; and

(10) Persons or entities that engage in any conduct that threatens or has some

direct effect on the political integrity or economic security of the Tribe.

The Tribal Court has subject matter jurisdiction over all actions, cases, or

controversies arising under: the Tribe’s Constitution; laws and ordinances of

the Tribe which contain express grants of jurisdiction to the Tribal Court;

customs of the Tribe; the Indian Child Welfare Act; and any other federal

statutes that grant jurisdiction to tribal courts. Decisions of any committee,

commission, board or authority of the Tribe are appealable if specified by Tribal

law or policy. The Tribal Court may decline to exercise its jurisdiction if it finds:

(1) Another court has the jurisdiction to hear the case and would be more

convenient for the parties than the Tribal Court;

(2) One of the parties is not a person or entity over which the Tribal Court can

exercise its authority; or

(3) The case is of such a nature that the Tribal Court should not hear it.

(D) Full Faith and Credit.

The Tribal Court shall give full faith and credit to the orders and judgments of the

courts of other tribes, states, countries, and the federal government unless:

(1) The court in question does not recognize the orders and judgments of the

Tribal Court;

(2) The court in question did not have jurisdiction over the case or a party or

parties to it;

(3) The order or judgment was based on fraud;

(4) To do so would violate the public policy of the Tribe; or

(5) The order or judgment is not final.

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Enacted August 16, 2013

Section 1.05 Immunity of the Tribe

(A) Nothing in this Ordinance constitutes a waiver of the Tribe’s sovereign immunity.

(B) In all actions before the Tribal Court, the Court shall uphold the Tribe’s sovereign

immunity to the maximum extent permitted by the Tribe’s Constitution, Tribal

law, and federal law and any waiver shall be strictly construed in favor of the

Tribe.

officials and employees shall be subject to suit for declaratory and injunctive relief

in the Tribal Court by persons subject to tribal jurisdiction for the purposes of

enforcing the rights and duties established by this Constitution or other applicable

laws.

(D) The Tribal Court shall constitute the court of first instance for any and all

determinations of a Tribal waiver of sovereign immunity except where the waiver

explicitly states otherwise.

Section 1.06 Judicial Power of the Court

(A) In accordance with Article VI, Section 3 of the Constitution, the Judiciary shall have

the power to:

(1) Interpret, construe and apply the law of, or applicable to, the Tribe;

(2) Declare the laws of the Tribe void if such laws are not in agreement with the

Tribe’s Constitution;

(3) Issue injunctions, attachments [preliminary seizure of property], writs of

mandamus [orders to a governmental body to perform a legally required act],

quo warranto [order to challenge person’s right to office or legality of an

entity], review, certiorari [higher court order to review lower court decision

and proceedings] and prohibition [higher court order to lower court and

parties not to exercise jurisdiction], and to issue writs of habeas corpus [order

to law enforcement to appear with a person in custody to determine the

legality of that person’s confinement] to any part of the Tribe upon petition by,

or on behalf of, any person held in actual custody;

(4) Establish court procedures for the tribal judiciary, except that the Tribal

Council may by ordinance alter such procedures consistent with this

Constitution.

Section 1.07 Liberal Construction

This Ordinance will be liberally construed to give full effect to the purposes for

which it was enacted.

Section 1.08 Interpretation of Law

The Tribal Court shall liberally construe this Ordinance and Tribal law to provide for

a fair hearing and fair enforcement of Tribal law, except for Tribal waivers of sovereign

immunity, which shall be strictly construed. If there is no applicable Tribal law, the court

may look to other tribal, federal or state law for guidance as long as it does not conflict with

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Enacted August 16, 2013

Tribal law.

Section 1.09 Conflicts With Other Laws

(A) Tribal Laws. All provisions of any previously enacted ordinances of the Tribe that

conflict in any way with the provisions of this Ordinance are hereby repealed.

(B) Federal Laws. Unless otherwise prohibited by federal law, this Ordinance will

apply in all cases where federal law is in conflict with this Ordinance or permits a

choice of Tribal or federal law.

subject matter of these provisions, such laws may be considered as advisory and

not directly binding.

Section 1.10 Amendment of Tribal Court Code

Amendments to this Ordinance become part of the Ordinance for all purposes and

will be codified and incorporated herein in a manner consistent with the numbering and

organization of this Ordinance.

The Tribal Council by resolution may establish and appoint members to a Tribal

Judiciary Committee with responsibility for recommending amendments to this Ordinance.

Any Tribal member may submit recommended amendments to the Tribal Council or

Committee. The Tribal Council or Committee may review the proposed amendment for the

purposes of determining its fairness and to verify that the proposed amendment does not

conflict with the Tribe’s constitution or any other section in this Ordinance.

The Tribal Council and Tribal Judiciary Committee may consult with the Tribal

attorney and any other appropriate Tribal entity during the review process. The

Committee, after reviewing the proposed amendment and all comments, will provide the

proposed amendment to the Tribal Council for review and comment and Committee’s

recommendation whether to amend the Ordinance.

Section 1.11 Adoption of Court Rules

(A) In accordance with Article VI, Section 13 of the Constitution, court rules that detail

the duties and procedures of the Judiciary, shall be established by the Tribal Court

of Appeals consistent with the terms of the Tribe’s Constitution. If no Tribal Court

of Appeals has been established, the Tribal Court shall establish the court rules.

(B) In accordance with Article VI, Section 3 of the Constitution, the Tribal Council

maintains authority to alter court procedures consistent with the Constitution.

inconsistent with a specific Tribal law or provision, that Tribal law or provision

shall govern.

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Tribal Court Code

CHAPTER 2.

Enacted August 16, 2013

DEFINITIONS

For the purposes of this Ordinance, the following words have the definitions

attached to them in this Ordinance, unless a definition is otherwise apparent from the

context of this Ordinance.

“Action” means a court proceeding to address a dispute or violation of the law.

“Constitution” means the Constitution of the Round Valley Indian Tribes that was duly

adopted by qualified voters on August 3, 1994.

“Entity” means a corporation, partnership, firm, business, group, team, organization,

subdivision, association, municipality, foreign government or other organizational structure or

corporate form with a legal and separately identifiable existence, but excluding natural persons

and the Tribe, any of its enterprises or subdivisions or any of its officers, agents or

employees while acting in their official capacity..

“Immediate Family Member” means a person’s spouse, parent, sibling, or child,

either by birth, adoption, marriage, or co-habitation.

“Judiciary” means that division of the Tribe detailed in Article VI of the Tribe’s

Constitution and includes the Tribal Court.

“Judge” means a Chief Judge or Associate Judge of the Tribal Court.

“Justice” means a Chief Justice or Associate Justice of the Court of Appeals.

“Party” means a person who is officially designated as a litigant (plaintiff or

defendant) in a proceeding which is encompassed within any procedure under this

Ordinance.

“Person” or “Natural Person” means a human being.

“Representative” means all persons admitted to practice before the courts of the

Tribe as authorized by Tribal law, order of the Tribal Court or order of the Tribal Council.

“Reservation” all land, air and waters within the exterior boundaries of the Round

Valley Indian Reservation and all lands claimed by the Tribe to which the Tribe may

establish title.

A “Seizure” occurs when a law enforcement officer has taken possession of real or

personal property on behalf of the Tribe and pursuant to Tribal law.

“Tribe” means the Round Valley Indian Tribes of the Round Valley Reservation.

“Tribal Law” includes the Constitution, ordinances, resolutions, common law,

customary law, and other legislative enactments adopted by the Tribe.

“Tribal Court” or “Court” means that department within the Judiciary established

by this Ordinance and which is the Tribal court of first instance.

“Tribal Entity” means an entity owned by or subject to the control of the Tribe,

including Tribal corporations, subdivisions, and governmental units, but excluding natural

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Enacted August 16, 2013

persons.

“Tribal Judiciary Committee” or “Committee” is a committee of Tribal members

who may be appointed by the Tribal Council to offer and review proposed amendments to

the Ordinance and oversee the administration of the Tribal Court.

“Tribal Member” means an enrolled member of the Round Valley Indian Tribes.

CHAPTER 3.

ORGANIZATION OF THE COURT

Section 3.01 Composition of the Court

(A) Tribal Court

In accordance with Article VI, Section 4 of the Constitution, the Tribal Court

shall be composed of one Chief Judge and may include Associate Judges if the

Tribal Council determines they are necessary

(B) Tribal Court of Appeals

In accordance with Article VI, Section 5 of the Constitution, the Appellate Court

shall consist of one Chief Justice and two Associate Justices.

Section 3.02 Funding of the Court

The Tribal Court will be funded by general appropriations from the Tribe; from

filing fees, penalties, and assessments for costs to persons before the Judiciary; from

federal appropriations or grants; and from such other sources of revenue as the Tribal

Council deems appropriate.

Section 3.03 Tribal Court Administration

The Tribal Council may establish the administrative structures of the Judiciary

by resolution.

Section 3.04 Court Records

Court records are subject to the following rules:

(A) Records of the courts of the Tribe will be kept in the Office of the Tribal Court

Clerk on the Reservation and may only be removed with the consent of the Tribal

Court Clerk for the purpose of court hearings.

(B) All testimony and arguments given in open court will be electronically recorded by

the Tribal Court Clerk and will be a part of the record for the case and be kept with

the other records of the case.

provided in this Tribal Court Code or as directed by the Tribal Court.

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(D) A party may be permitted to make or receive copies of the public records of the

courts of the Tribe by ordinance, Rules of the Court, or the Tribal Court Judge.

Section 3.05 Personnel Policies for Court Staff

Tribal Court support staff will be subject to the Tribe’s personnel policies and

procedures unless otherwise stated by Tribal policy, resolution, or ordinance. The Tribal

Court Judge may be required to complete performance reviews of staff and judicial

personnel assigned to the Tribal Court.

CHAPTER 4.

JUDGES

Section 4.01 Appointment of Judges

In accordance with Article VI, Section 6 of the Constitution:

(A) The Tribal Council shall appoint one Chief Judge to the Tribal Court. The Tribal

Council may appoint Associate Judges to the Tribal Court.

(B) The Tribal Council shall appoint one Chief Justice and two Associate Justices to the

Tribal Court of Appeals.

judicial positions, the Tribal Council shall appoint a person or persons to fill such

vacancy or vacancies for the remainder of the term. All Judges shall be eligible for

reappointment.

Section 4.02 Qualifications of Judges

In accordance with Article VI, Section 8 of the Constitution, the Chief Justice of

the Tribal Court of Appeals and at least one other Associate Justice of the Tribal Court

of Appeals shall be graduates of an accredited law school.

All Individuals recommended by the Tribal Judiciary Committee for

appointment and confirmation as a Tribal Court Judge must:

(A)

Have a law degree (juris doctor);

(C)

Have a demonstrable knowledge of Indian, federal and California law.

(B)

(D)

(E)

Have a minimum of 7 years of experience practicing law, which may include

service on a tribal, federal or state court bench;

Be knowledgeable of the Constitution and laws of the Tribe;

Be a person of honor, integrity and good moral character. This may be

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Tribal Court Code

(F)

(G)

Enacted August 16, 2013

supported by letters or statements of recommendation to the Tribal Council or

Tribal Judicial Committee, if established, from people who are not immediate

family members of the person nominated for office;

Agree to be subject to a background investigation conducted by the Tribe; and

Not have been convicted by a federal, state, or tribal court of an act involving

dishonesty, corruption, a violent felony, elder abuse, or child abuse.

In accordance with Article VI, Section 8 of the Constitution, no additional

requirements may be added during the tenure of and of the Judges or Justices already in

office.

Section 4.03 Ongoing Eligibility of a Judge.

(A)

(B)

A Judge:

May not serve in any capacity or hold any office that may affect the individual’s

actual or perceived judicial impartiality;

May not concurrently serve as a member of an administrative board or panel

empowered by the Tribe to issue decisions on the basis of Tribal law; and

(C)

Must adhere to judicial ethics as established by the Tribe.

(A)

Tribal Court. In accordance with Article VI, Section 6(a) of the Constitution, the

Chief Judge shall serve for three years. Associate Judges shall serve for two

years.

Section 4.04 Judicial Terms of Office

(B)

Court of Appeals. In accordance with Article VI, Section 6(b) of the Constitution,

the Chief Justice shall serve for four years. Associate Justices shall serve for

three years.

Section 4.05 Oath of Office

Prior to taking office, and in the presence of the Tribal Chairperson, all Judges must

take the following oath of office:

I, __________________, do solemnly promise that I will respect and uphold the

Constitution and laws of the Round Valley Indian Tribes; that I will discharge

the duties of the Tribal Court Judge faithfully, honestly, and impartially to the

best of my ability; and that I will maintain a professional and respectful manner

and demeanor at all times.

Section 4.06 Judicial Salaries

In accordance with Article VI, Section 9 of the Constitution:

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Tribal Court Code

(A)

(B)

Enacted August 16, 2013

All Judges and Justices shall receive reasonable compensation for their services.

Once established, a Judge’s salary may not be reduced by the Tribal Council

during his or her term of office.

Section 4.07 Judicial Duties

A Tribal Court Judge must:

(A)

(B)

Every September 1, provide an annual written report to the Tribal Council

detailing current and anticipated case loads, general business conditions existing

in the Court, funding needs, and recommendations for improving ongoing

operations.

Ensure that all orders, opinions, and decisions of the Tribal Court are

documented and maintained in accordance with recordkeeping policies

established by the Court.

Section 4.08 Judicial Code of Conduct

(A)

(B)

In accordance with Article VI, Section 10 of the Constitution, a Judge must recuse

him or herself from hearing a matter or taking part in any deliberation that

involves immediate family members, in which he or she has any direct financial

interest, where there is any reason the Judge cannot be impartial, or where the

Judge finds that a reasonable person would believe that the Judge could not be

impartial.

A Judge must make good faith efforts to review Court Calendars prior to

scheduled hearing dates for the purpose of considering whether he or she

should recuse him or herself from any matters.

Section 4.09 Removal or Discipline of Justices

(A)

In accordance with Article VI, Section 11 of the Constitution:

The Tribal Council may suspend, dismiss or remove any Judge or Justice for any

of the following reasons:

(1) Conviction of a felony;

(2) Failure to disqualify himself or herself in accordance with this Ordinance

or the Tribe’s Constitution;

(3) Unnecessary and repeated lengthy delays in hearing and adjudicating

matters filed in Tribal Court;

(B)

(4) Gross neglect of duty or other good cause.

The Tribal Council may suspend, dismiss or remove a Judge or Justice only by a

majority, roll call vote, with at least six (6) members of the Tribal Council

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(C)

Enacted August 16, 2013

present and voting (not abstaining);

A Judge or Justice shall be given full due process rights including a full and fair

opportunity to reply to any and all charges for which he or she may be

suspended, dismissed or removed from judicial office.

For purposes of this section, good cause includes, but is not limited to, failure to

adhere to judicial ethics or a conviction by a federal, state, or tribal court of an act involving

dishonesty, corruption, a violent felony, elder abuse, or child abuse.

CHAPTER 5.

LEGAL REPRESENTATION

Section 5.01 Legal Representatives

Any person who is a party in any civil trial or proceedings before the Tribal Court

may represent themselves or be represented by any other person who is licensed to appear

before the Court. The Clerk of the Court, a Judge or Justice, or a member of the Tribal

Council may not act as a representative for any person or party.

Section 5.02 Licensing of Lay Representatives

Lay persons may become licensed to practice in the Tribal Court by:

(A)

(B)

(C)

Filing an affidavit with the Tribal Court Clerk which states that the applicant has

studied and is familiar with the Tribe’s Constitution, this Ordinance and all other

Tribal laws;

Paying an annual license fee of $50.00 to the Tribal Court; and

Taking the oath, as established by the Court Rules, before the Tribal Court Clerk,

either in person or by affidavit.

Section 5.03 Licensing of Attorneys

Licensed attorneys may appear on behalf of any party in any trial or appellate

proceeding before the Tribal Court, provided they are licensed to practice law before the

Tribal Court. Such license will be issued upon compliance with the following:

(A)

Filing with the Tribal Court Clerk an affidavit which states the following:

(B)

Paying an annual license fee of $100.00 to the Tribal Court; and

(1) That the applicant is licensed to practice law in a state or has graduated

from an accredited law school; and

(2) That the applicant has studied and is familiar with the Tribe’s Constitution,

this Ordinance and all other Tribal laws;

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(C)

Enacted August 16, 2013

Taking the an oath, as established by the Court Rules, before the Tribal Court

Clerk, either in person or by affidavit.

Section 5.04 Revocation of License

Any license issued pursuant to this section may be revoked or suspended by the

Tribal Court. Such action may be taken on its own motion or upon a sworn complaint by

any person. Revocation or suspension will be ordered only after written notice to the

licensee of the motion or complaint and after a hearing before the Tribal Court unless a

conflict of interest prohibits such participation. Following a hearing, the Tribal Court may

revoke or suspend the license upon a finding that the licensee has: been disbarred or

suspended from the practice of law by any federal, state or tribal court; filed a false

affidavit with the Tribal Court Clerk to obtain his or her license; violated his or her oath

made before the Tribal Court Clerk; engaged in misconduct or unethical conduct in the

performance of his or her duties as an attorney; or has been found in contempt of court by

the Tribal Court.

Legislative History:

Adopted by the Tribal Council on August 16, 2013.

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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.