# ROUND VALLEY INDIAN TRIBES (2013)

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Around_valley%3A2d50ffbcaaf8c122

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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.

(C) Subject Matter:

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.
(C) In accordance with Article XIII, Section 3 of the Constitution, the Tribe, tribal
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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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.
(C) State Laws. To the extent that the laws of any state may be applicable to the
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.

(C) If any court rule enacted by the Tribal Court of Appeals conflicts with or is
inconsistent with a specific Tribal law or provision, that Tribal law or provision
shall govern.

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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.
(C) All records of the courts of the Tribe are confidential, except as otherwise
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.
(C) Should a vacancy occur through death, resignation or otherwise, for any of the
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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(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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(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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Around_valley%3A2d50ffbcaaf8c122. Public record. Not legal advice.