# Chapter 4 (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3Ad73e98af2cc5fb11

## Record

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

## Text

Chapter 4
COURTS GENERALLY*
Article I.

In General

Sec. 4-1.
Sec. 4-2.
Sec. 4-3.
Sec. 4-4.
Sec. 4-5.
Sec. 4-6.

Jurisdiction.
Court administrator.
Court records.
Professional attorneys and lay advocates.
Consecutive sentencing.
Wellness court program for adults and juveniles; establishment;
participation.
Sec. 4-7.
Time limitations for civil matters.
Sec. 4-8.
Time limitations for criminal offenses.
Secs. 4-9—4-30. Reserved.

Article II.

Judges

Sec. 4-31.
Sec. 4-31a.
Sec. 4-32.
Sec. 4-33.
Sec. 4-34.
Sec. 4-34a.
Sec. 4-35.

Generally.
Presiding Judge responsibilities.
Qualifications of judges.
Appointment of a presiding judge.
Appointment and term of associate and licensed judges; vacancy.
Commercial issues.
Judicial, attorney and advocate conduct and discipline commission.
Sec. 4-36.
Request for change of judge; judge recusal; conflict of interest.
Secs. 4-37—4-84. Reserved.

Article III.
Sec. 4-85.
Sec. 4-85a.
Sec. 4-86.
Sec. 4-87.
Sec. 4-88.
Sec. 4-89.
Sec. 4-90.
Sec. 4-91.
Sec. 4-92.
Sec. 4-93.
Sec. 4-94.
Sec. 4-95.
Sec. 4-96.

Appeals

Appellate division.
Effect of appeal being filed.
Jurisdiction of the court of appeals.
Appellate justices.
Composition of the court of appeals.
Appointment to the court of appeals.
Designation and responsibilities of presiding justice.
Oath of office.
Advisory opinions.
Consideration of the appeal.
Opinions, memoranda, and orders.
Disqualification and removal.
Justices by designation.

*Editor’s note—Ord. No. SRO-516-2020, adopted March 4, 2020, repealed Ch. 4, Arts. I—VI, and reenacted said chapter,
arts. I—VI, as set out herein. Formerly, ch. 4 pertained to similar subject matter and derived from Code 1976, § 10.1; Code 1981,
§§ 4-1—4-5, 4-21—4-27, 4-31, 4-34, 4-41, 4-42; Code 2012, §§ 4-1—4-5, 4-21—4-27, 4-31, 4-34, 4-41, 4-42; Ord. No. SRO-33-75,
adopted May 5, 1980; Ord. No. SRO-111-88, §§ 1—3, adopted Feb. 17, 1988; Ord. No. SRO-113-88, adopted June 22, 1988; Ord.
No. SRO-141-91, § 1, adopted Aug. 28, 1991; Ord. No. SRO-145-92, § 1, adopted Feb. 5, 1992; Ord. No. SRO-193-95, § 1, adopted
March 29, 1995; Ord. No. SRO-213-96, adopted Feb. 7, 1996; Ord. No. SRO-264-2000, § 2, March 15, 2000; Ord. No.
SRO-265-2000, adopted March 29, 2000; Ord. No. SRO-315A-07, adopted Dec. 13, 2006; Ord. No. SRO-323-08, adopted Oct. 31,
2007; Ord. No. SRO-389-2012, §§ 4-21, 4-22(d), 4-24, adopted Jan. 11, 2012; Ord. No. SRO-393-2012, adopted Feb. 29, 2012; Ord.
No. SRO-396-2012, §§ 4-4, 4-26, 4-42, adopted June 1, 2012; Ord. No. SRO-402-2012, adopted May 30, 2012; Ord. No.
SRO-411-2013, adopted March 1, 2013; Ord. No. SRO-435-2014, §§ 4-25a—4-25h, adopted Feb. 12, 2014; Ord. No.
SRO-442-2014, adopted April 16, 2014; Ord. No. SRO-456-2015, adopted Jan. 21, 2015; Ord. No. SRO-470-2015, adopted July
8, 2015; Ord. No. SRO-490-2017, adopted Feb. 15, 2017; Ord. No. SRO-69A-81, adopted Feb. 25, 1981; Ord. No. SRO-507-2019,
adopted April 17, 2019; and Ord. No. SRO-514-2020, adopted Oct. 30, 2019.

Supp. No. 6

CD4:1

COMMUNITY CODE OF ORDINANCES

Sec. 4-97.
Attorneys and advocates.
Sec. 4-98.
Binding on the Community Tribal Court.
Sec. 4-99.
Effective date.
Secs. 4-100—4-185. Reserved.

Article IV.

Bonds and Witness Expenses

Sec. 4-186.
Bonds and witness expenses.
Secs. 4-187—4-210. Reserved.

Article V.

Reserved

Secs. 4-211—4-231. Reserved.

Article VI.
Sec. 4-232.

Supp. No. 6

Defendant's Rights

Explanation of charges; judge to advise legal rights.

CD4:2

COURTS GENERALLY

(2)

ARTICLE I. IN GENERAL
Sec. 4-1. Jurisdiction.
(a) Court of original and appellate jurisdiction. The Salt River Pima-Maricopa Indian Community Court is the court of original and appellate
jurisdiction within the Community.
(b) Subject matter jurisdiction limited by
council action. The Community court shall have
jurisdiction in all cases involving disputes in
contract, tort, and the exercise of the power of
eminent domain over any land located within the
boundaries of the reservation and shall determine
such cases upon the customary law of the Community as may be augmented by the common
law as understood in the state to the extent that
the court requires, in order to do substantial
justice to the parties in the dispute. In all other
respects the jurisdiction of the Community court
is limited to the subject matter of those cases,
causes, disputes and prosecutions which the
Community Council by enactment accords to the
court.
(c) Criminal jurisdiction over persons.
(1)

The court of the Community shall have
jurisdiction over all offenses enumerated
in this Community Code of Ordinances
when committed by any person otherwise
subject to the jurisdiction of the Community court.

(2)

Any person otherwise subject to the
jurisdiction of the Community court who
enters upon the Community shall be
deemed to have consented to the jurisdiction of the Community court.

(3)

The Community shall be taken to include
all territory within the reservation
boundaries, including fee-patented lands,
rights-of-way, roads, water, bridges and
land used for schools, churches or agency
purposes.

(d) Civil jurisdiction over persons. The Community court shall have jurisdiction in all cases
wherein:
(1)

The defendant is a member of the Community;

Supp. No. 7

§ 4-1

The defendant is domiciled or residing
within the Community;
(3) The defendant has caused an event to
occur within the Community out of which
the claim which is the subject matter of
the complaint arose;
(4) The counter-defendant has filed an action
in Community court against the counterclaimant arising out of the subject matter
of such action, and which counterclaim
might be brought under the federal rules
of civil procedure;
(5) The defendant is a real party in interest
to a lease of land and/or improvements
within the Community and then as to
matters involving such leasehold interests;
or
(6) The defendant is a real party in interest
regarding the ownership of land and/or
improvements located within the reservation boundaries and sought to be acquired
pursuant to the powers of eminent domain.
(7) In all the events or circumstances set out
in subsections (d)(2) through (6) of this
section, the defendants or counterdefendants are deemed to have waived
any objection they might have otherwise
had to the jurisdiction of the Community
court as a result of the status or event
described in said subsections.
(e) A judgment on any suit may only be given
when a defendant has been properly served with
notice of such suit. Evidence of receipt of the
notice shall be kept as part of the record in the
case.
(f) In all civil suits, except actions for eminent
domain, divorce, separate maintenance or annulment, the complainant may be required to deposit
with the clerk of the court a fee for security in a
reasonable amount to cover costs and disbursements in the case.
(g) In actions of divorce, annulment or separate
maintenance, a complainant and the countercomplainant may be required to pay a filing fee if
such fee is adopted by the court administrator
though a court policy and procedure.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-534-2021, 8-25-2021; Ord. No. SRO-5952025, 7-2-2025)

CD4:3

§ 4-2

COMMUNITY CODE OF ORDINANCES

ary 1, 2028. This provision may be
amended, extended, or repealed based on
ongoing needs.

Sec. 4-2. Court administrator.
(a) Selection. The position of court administrator shall be filled in accordance with the Community's established guidelines for hiring.
Applicants for this position shall be chosen solely
on the basis of qualification and merit.
(b) Duties. The court administrator shall have
general administrative responsibility for the
operation of the Community court. The court
administrator's duties shall include the preparation of the court's budget for submission to the
Community manager, oversight in regard to the
budget, hiring of all personnel, operation of the
clerk's office, supervising the receipt, creating
and filing of all court records and the issuance of
all necessary court documents, assisting the
department of public safety and other departments of Community government as well as
members of the Community in the proceedings of
the court, administering oaths and collecting
and accounting for fines and court fees. The
duties of the court administrator may be
undertaken by assistant administrators, clerks
or other personnel under the supervision of the
court administrator.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-3. Court records.
The clerk of the Community court shall keep
for inspection a record of all proceedings of the
court which record shall reflect the title of the
case, the names of the parties, the substance of
the complaint, the names and addresses of all
witnesses, the date of the hearing or trial, by
whom conducted, the findings of the court, the
judgment and all other appropriate facts or
circumstances.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-4. Professional attorneys and lay
advocates.
(a) Professional attorneys.
(1)

Professional attorneys shall be permitted to practice in all divisions or case
types in Community court from the date
of enactment of this section until Janu-

Supp. No. 7

(2)

Any person appearing before the Community court may be represented by a
professional attorney or advocate provided
that the professional attorney or advocate
is admitted to practice pursuant to the
rules of the Community court.

(3)

In all criminal matters, criminal
defendants shall be appointed the
assistance of counsel in accordance with
the rules of criminal procedure, which
rules may be amended from time to time.

(b) Lay advocates/attorney. Any person appearing before the Community court shall have the
right at his or her own expense to have the
assistance of a lay advocate or an attorney. The
term "lay advocate" means any person who is
duly admitted to practice before the Community
court pursuant to the rules of the Community
court and is not an attorney.
(c) Cooperative agreements with insurance carriers. The Community manager may, on behalf of
the Community, enter into written agreements
with insurance carriers who have issued policies
of insurance in favor of the Community for
specified risks which will allow the insurance
carriers to have the assistance of the Community
in the defense of actions filed in Community
court for claims insured by such policies of
insurance and which will ensure the full coverage of the policies of insurance and the defense of
the insured parties. Any such agreement will
specify the assistance to be rendered by the
Community to the insurance carrier and that
such assistance is consistent with and will not
constitute a breach or modification of the agreements or conditions of the policies of insurance.
(d) The enactment of subsection (c) of this
section is not an independent waiver of sovereign
immunity.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-524-2021, 10-14-2020; Ord. No. SRO-5982025, 8-20-2025)

CD4:4

COURTS GENERALLY

Sec. 4-5. Consecutive sentencing.
Judges of the Community court have the
authority and such judicial discretion as needed
to impose consecutive sentences upon criminal
defendants convicted of multiple offenses of this
Code of Ordinances.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-6. Wellness court program for
adults and juveniles; establishment; participation.

shall be developed, agreed upon, promulgated,
and enforced by the partner departments
participating on the treatment team, as enumerated in subsection (e). Policies and procedures
shall incorporate and emphasize elements of
O'odham and Piipaash culture whenever
practicable, and may incorporate other tribal
cultures where appropriate.
(e) The wellness court shall be made up of a
treatment team, which includes representatives
from the following departments:

(a) The court administrator of the Salt River
Community Court may establish a wellness court
program for adults and juveniles.
(b) Wellness court program means a program
that is established for the purpose of prosecuting, adjudicating, and treating persons who meet
the criteria and guidelines for entry into the
program. Wellness court is a trauma-informed,
evidence-based treatment program that offers
participants an alternative to extended incarceration and the standard probation model. The
wellness court program works cooperatively with
treatment agencies and other rehabilitation
services to engage a participant in a holistic
treatment program that will provide the
participant with the necessary tools to get into
recovery, stay in recovery, and lead a productive,
lawful, healthy lifestyle. The wellness court
program shall provide the support and resources
necessary for participants to reconnect with
their families, their community, and their culture.
(c) The wellness court program shall have the
authority to issue all orders necessary to ensure
the safety, well-being, and rehabilitation of
individuals who come within or consent to its
jurisdiction. The wellness court program shall
have the power to implement all the duties,
responsibilities, and remedies set out in this
Code, including the power to enforce subpoenas
and orders of restriction, fines and orders of
restitution, contempt, confinement, and detention in alignment with the policies and procedures
of wellness court, and other powers as appropriate.
(d) Eligibility and admissions criteria, incentives, sanctions, and operational policies and
procedures for adult and juvenile wellness courts

Supp. No. 7

§ 4-6

(1)

The department of the Community
prosecutor;

(2)

The Salt River Defense Advocate Office;

(3)

The Salt River Community Court, including the Community court judge assigned
to preside over wellness court cases, and
any members of court staff as assigned
by the court administrator;

(4)

The Salt River Probation Department;

(5)

The Salt River Behavioral Health Services
Department;

(6)

Other individuals or departments as
assigned.

(f) The Community prosecutor shall assign to
the wellness court treatment team a representative(s) from the department of the Community
prosecutor, pursuant to section 4.5-23. The same
representative(s) may be assigned to both adult
and juvenile wellness court, or different
representative(s) may be assigned.
(g) The presiding judge shall assign a judge to
the wellness court treatment team, pursuant to
section 4-31(a). The same judge may be assigned
to both adult and juvenile wellness court, or
different judges may be assigned.
(h) The directors of each of the remaining
departments shall assign to the wellness court
treatment team a representative(s) from their
respective departments. The same representative(s) may be assigned to both adult and juvenile
wellness court, or different representative(s) may
be assigned.

CD4:5

§ 4-6

COMMUNITY CODE OF ORDINANCES

(i) A person may be admitted into the wellness court program prior to a plea of guilty or
responsible, or a trial or adjudication, only on
the agreement of the prosecutor, pursuant to a
deferred prosecution agreement under Rule 30.1
or an informal adjustment agreement under
section 11-130.
(j) A person may be admitted into the wellness court program following a plea of guilty or
responsible, or a trial or adjudication, with the
agreement of the defendant and the prosecutor,
and the approval of the partner departments
participating in the program, as enumerated in
subsection (e).
(k) Wellness court program decisions, such as
those regarding admission, sanction, reward,
termination, and graduation, shall be made by
the treatment team through discussion and by
consensus.
(l) Upon successful completion of the wellness
court program, the wellness court treatment
team will provide such information to the department of the Community prosecutor for its use in
any final disposition as it relates to the wellness
court participant. If at any time a participant of
the wellness court becomes ineligible to continue
in the program, the wellness court treatment
team will provide such information to the department of the Community prosecutor for its use in
any final disposition.
(m) If a person chooses not to participate in
the wellness court program, then the person may
be prosecuted as provided by law.
(Ord. No. SRO-564-2023, 9-20-2023)
Sec. 4-7. Time limitations for civil matters.
(a) Definition. "Cause of action" shall mean
the point of occurrence or of discovery with due
diligence which gives a person a right of legal
redress or remedy, and the point of breach or
default as to contract injuries.
(b) General civil matters. Except as otherwise
provided by law, a cause of action including a tort
or civil traffic matter must be commenced within
two years from the time the cause of action
accrues.

Supp. No. 7

CD4:6

COURTS GENERALLY

(c) Contract. Causes of action arising under
contract for which no limitation is otherwise
prescribed shall be brought within three years
from the time the cause of action accrues.
(d) Tolling of the statute of limitations.
(1)

(2)

When a person against whom there is
civil cause of action is outside of the
Community at the time the cause of
action accrues or at any time which the
action might have been maintained, such
action may be brought against the person
once they return to the Community. The
time of such absence shall not be counted
or taken as part of the time limited by
the provisions of this section 4-7.
If a person entitled to bring a cause of
action is at the time the cause of action
accrues under the age of 18, adjudicated
as being of unsound mind or otherwise
mentally incompetent, or imprisoned and
thereby unable to discover his or her
right to bring the action, the period of
such disability shall not be deemed a
portion of the period limited for commencement of the action.

Exemption. The Community shall not be
barred by the limitations prescribed in
this section 4-7.
(Ord. No. SRO-516-2020, 3-4-2020)

(4)

A prosecution for any Class D offense or
Class E offense for which no limitation is
otherwise prescribed shall be brought
within one year.

(5)

A prosecution for any offense for which
no class designation has been made shall
be brought within two years.

(6)

A prosecution for any homicide in violation of section 6-52, or for aiding and
abetting such offense in violation of section 6-2, or facilitation of such offense in
violation of section 6-12, may be commenced at any time.

(7)

A prosecution for any Class A offense
committed against a child shall be brought
within ten years after the victim reaches
the age of 18 years. For purposes of this
section, "child" means a person under the
age of 18 years.

(8)

A prosecution for any Class B offense
committed against a child shall be brought
within five years after the victim reaches
the age of 18 years. For purposes of this
section, "child" means a person under the
age of 18 years.

(9)

A prosecution for sexual assault or
aggravated sexual assault in violation of
section 6-65 shall be brought within ten
years.

(3)

Sec. 4-8. Time limitations for criminal
offenses.
(a) Criminal matters. Prosecution for any
criminal offense committed within the jurisdiction of the Community shall be commenced
within the following time limitations:
(1)

A prosecution for any Class A offense for
which no limitation is otherwise prescribed
shall be brought within five years.

(2)

A prosecution for any Class B offense for
which no limitation is otherwise prescribed
shall be brought within three years.

(3)

A prosecution for any Class C offense for
which no limitation is otherwise prescribed
shall be brought within two years.

Supp. No. 6

§ 4-8

(b) Time of offense. Unless otherwise noted,
time begins to run at the time an offense is
committed, except that the period of limitation
does not run during any time when the identity
of the person who commits the offense or offenses
is unknown.
(c) Tolling of the statute of limitations. The
period of limitation does not run for any Class A
offense during any time when the person who
commits the offense:

CD4:7

(1)

Is absent from the Community; or

(2)

Has no reasonably ascertainable place of
abode within the Community.

§ 4-8

COMMUNITY CODE OF ORDINANCES

maximum punishment could exceed one
year of incarceration, or in which a
defendant is charged with domestic
violence, violation of an order of protection arising out of chapter 10, article VII,
or in which a defendant is charged with
any offense enumerated under section
6-0(d).

(d) Prosecution commenced. For purposes of
this section, prosecution is commenced when a
criminal complaint is filed.
(1)

If a criminal complaint filed before the
period of limitation has expired is
dismissed for any reason, a new prosecution may be commenced:
a.

At any time before the expiration of
the period of limitation; and

b.

Within six months after the dismissal
becomes final, even if the period of
limitation has expired at the time of
dismissal or will expire within six
months of the dismissal.

(e) Enactment and enforcement. The amendments made by this act shall apply:
(1)

To all crimes committed after July 8,
2015; and

(2)

To all crimes committed before July 8,
2015, for which no statute of limitations
provided under pre-existing law has run
as of July 8, 2015.
(Ord. No. SRO-516-2020, 3-4-2020)

(4)

The court shall have at least two qualified enrolled Community member judges
with knowledge of the Onk Akimel
O'odham or the Xalychidom Piipaash
people, culture and values.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-539-2022, 2-23-2022, eff. 5-1-2022; Ord.
No. SRO-567-2023, 9-20-2024)
Sec. 4-31a. Presiding Judge responsibilities.
(a) The council shall by majority vote appoint
a presiding judge pursuant to their own
procedures, and this presiding judge shall have
the authority to:

Secs. 4-9—4-30. Reserved.
ARTICLE II. JUDGES

(1)

Assign cases among the associate and
licensed judges;

(2)

Provide administrative management of
the other trial court judges;

(3)

Develop an internal process for litigants
or parties to file any complaint they have
about a judge;

(4)

Assist in the annual performance appraisals of the associate and licensed judges
(performance appraisals for the judges
shall be overseen by the human resources
department);

(5)

Develop a training plan for all associate
and licensed judges;

(6)

Develop internal Court protocols and timeframes to ensure that cases are heard in
a timely manner, and that the court is
accountable to the Community;

(7)

Provide an annual accountability report
to the Community regarding the number
and type of new cases filed in the court
that year, the number of cases completed
to resolution that year, the number of

Sec. 4-31. Generally.
(a) Judges of the trial court. The Community
court shall be composed of a presiding judge,
associate judges, licensed judges as are authorized
by the Community Council.
(1)
(2)

(3)

All judges shall hear cases in which the
Community court has jurisdiction.
Salaries for judges shall be determined
by the council, consistent with the Community's human resources policies.
Licensed judges shall preside over all
hearings assigned to them; all tort claim
and patron dispute cases filed against
the Community government or one of its
enterprises; and all criminal cases in
which a defendant is charged with at
least one Class A offense, in which the

Supp. No. 6

CD4:8

COURTS GENERALLY

cases each associate and licensed judge
was assigned and completed that year,
the number of continuances that were
granted that year, the number of jury
trials that were held that year, a report
on the number of cases heard and decided
by the appellate court, how many
complaints were received about the judge's
and how they were resolved, and anything
else the presiding judge feels is
noteworthy;
(8)

(9)

In consultation and coordination with
the Court Administrator, the Presiding
Judge may propose rules for the
governance of the court and for the
procedure to be followed in matters before
the court so long as such rules are not
contrary to the Code of Ordinances or the
Community's Constitution, and court
practitioners are provided notice and an
opportunity to comment on the rule before
it is finalized;

§ 4-32

three years consecutive bench experience within the past five years of
appointment to the bench;
(3)

Preference will be given to enrolled
members of the Salt River PimaMaricopa Indian Community,

(4)

Has never been convicted of a felony
in any jurisdiction, and has not
been convicted of a misdemeanor
within five years of the date of the
judicial application filed with the
Community Council. A misdemeanor
shall be conviction of the type of
behavior proscribed in chapters 6
and 10 and sections 16-231 through
16-236, dealing with DWI and reckless driving, whether committed on
the Community or in another
jurisdiction;

(5)

Is of good moral character, and in
determining character, council shall
consider, among other things, the
laws, customs and traditions of the
Community;

(6)

Consents to undergo such training
as the Community Council,
president, or presiding judge may
specify in order to obtain and/or
maintain the competence needed as
a judge;

(7)

Must pass a test administered to
persons applying to practice before
the Community court and/or other
applicable tests;

(8)

Shall serve a one-year probationary
period;

(9)

Has never been removed for good
cause from a judge position in any
jurisdiction;

Appoint judges pro tempore to preside
over trial court cases when necessary;

(10) Hear cases; and
(11) Any other responsibility that is assigned
in writing by the council to assist in the
proper administration of justice at the
Community Court.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-32. Qualifications of judges.
The qualifications of judges of the Community
shall be as follows:
(a)

Intentionally left blank.

(b)

Associate judge. The qualifications of an
associate judge are as follows:
(1)

Thirty years of age or older;

(2)

Possess a two-year degree (Associate of Arts, certificate, etc.) or higher
preferably in a law related field
(e.g., law degree, criminal justice,
administration of justice, Police Science, paralegal) or have at least

Supp. No. 6

CD4:9

(10) All applicants must provide all past
discipline that they received in the
role as a judge, attorney or advocate;
(11) Shall be subject to all Community
personnel and administrative policies regarding employees except for
those that conflict with chapter 4 of
the Code of Ordinances as it pertains

§ 4-32

COMMUNITY CODE OF ORDINANCES

(9)

to the judges, including section 4-35
which applies to the removal or
suspension of judges;
(12) Shall be subject to the Community
court rules of professional conduct,
section 2, judicial rules of professional conduct and as these rules
may be amended;
(13) For any judge who is reappointed
without a break in service, the
council may, in its discretion, waive
subsections (b)(7) and (b)(8) of this
section;
(c)

Licensed judge. The qualifications of a
licensed judge are as follows:
(1)

Must be at least 30 years of age;

(2)

Must have graduated from an
accredited law school, and have
practiced law for at least three years;

(3)

Must be licensed to practice law in a
state and be in good standing with
that licensing entity;

(4)

Of good moral character and any
assessment of moral character shall
be consistent with the customs and
traditions of the Akimel O'odham
and Xalychidom Piiipaash peoples;

(5)

Has never been removed for good
cause as a judge in any jurisdiction;

(6)

Has never been convicted of a felony
in any jurisdiction and has not been
convicted of a misdemeanor (not
including violations that are generally considered civil traffic violations) within the past five years;

(7)

(8)

Supp. No. 6

Preference will be given to enrolled
members of the Salt River PimaMaricopa Indian Community, the
Gila River Indian Community, the
Ak-Chin Indian Community and the
Tohono O'odham Nation, and then
to other members of federally
recognized Indian tribes; and
Shall serve a one-year probationary
period.

(d)

All applicants must provide all past
discipline that they received in a
role as a judge, attorney or advocate.

Pro tempore. The qualifications of a judge
pro tempore are as follows:
(1)

A judge pro tempore must, at a
minimum, meet the qualifications
and standards of the court's associate judges as set forth in sections
4-32(a)(1)(2)(4)(9)(10)(11) and (12);
or meet the requirements of a
licensed judge; or be a sitting or
former judge, in good standing, with
the Community or another Indian
tribe.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-33. Appointment of a presiding
judge.
(a) The council shall appoint the presiding
judge from among the associate and licensed
judges of the Community court.
(b) The council must appoint an enrolled Community member as presiding judge of the Community court unless there is not a Community
member associate or licensed judge who has
sufficient judicial or legal experience to serve in
that role, at that time.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-586-2024, 8-21-2024)
Sec. 4-34. Appointment and term of
associate and licensed judges;
vacancy.
(a) Associate and licensed judges shall be
appointed by a majority vote of the council from
a list of recommendations. The recommendations will come from a judicial selection committee appointed by council as set forth by regulations
adopted by council.
(b) Associate and licensed judges shall have a
term of office of four years.
(c) If a judicial vacancy occurs, any judge
appointed by the council to fill the vacancy shall
serve a four-year term and be appointed pursuant to the requirements of subsection (a) of this
section.

CD4:10

COURTS GENERALLY

(d) The judicial selection committee process
may not apply (if determined by the procedures
of the council) when the council is considering
the reappointment of a trial court judge who is in
good standing and has received favorable
performance evaluations.
(Ord. No. SRO-516-2020, 3-4-2020)

(4)

It is also the policy of the council to
ensure that complaints against judicial
officials, attorneys and advocates are
investigated and heard in an objective
and nonpartisan forum.

(5)

The council, through the provisions of
this section, hereby delegates to the commission certain authority to receive
complaints, investigate, deliberate, and
if appropriate, sanction judges, attorneys
and advocates for misconduct in office.

Sec. 4-34a. Commercial issues.
(a) The Community Council may, in its discretion, create a judicial seat to hear and decide
issues involving commercial law.
(b) Any Commercial Court judge must be a
licensed judge as defined by section 4-31(c).
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-35. Judicial, attorney and advocate
conduct and discipline commission.

(c-1) Scope regarding Community court judges.
(1)

The commission shall have the authority
to review and adjudicate allegations of
judicial misconduct pertaining to all judges
(including pro temp and appellate judges)
of the Community court.

(2)

The commission shall have the authority
to investigate and hear matters that
relate to the following instances of judicial
misconduct:

(a) Name. The judicial, attorney and advocate
conduct and discipline commission ("commission"), an independent commission, is hereby
established by the Community Council.
(b) Policy and purposes.
(1)

The council has the authority pursuant
to article VII, section 1(c)(2) of the
Constitution of the Community to
establish a Community court system and
as such, the council has the authority to
oversee the conduct and discipline of the
judges, attorneys and advocates of the
Community court system.

(2)

The council desires to enhance the public
confidence in the Community court by
providing a fair, impartial and expeditious forum to investigate and hear
complaints or grievances regarding the
conduct and behavior of judicial officials,
attorneys and advocates who practice in
the Community court.

(3)

The establishment of an independent
commission strengthens the Community
court system by encouraging judges,
attorneys and advocates to maintain high
standards of professional and personal
conduct.

Supp. No. 6

CD4:11

§ 4-35

a.

Willful misconduct in office;

b.

Willful or persistent failure to
perform the duties of a judge;

c.

Mental or physical incapacity that
adversely affects the judge's ability
to perform judicial functions;

d.

Violations of the Community's
judicial code of conduct; or

e.

Conduct that brings the judiciary
into disrepute.

(3)

The commission's primary focus is judicial
behavior, not judicial decisions. The commission is not a court and cannot change
a judge's decision, intervene in a pending
case, remove a judge from a case, or
award damages or other monetary relief
to litigants.

(4)

Filing a complaint with the commission
does not remove a presiding judge from
an existing case pending before the Community court, and a complaint filed before
the commission is not a substitute for a
motion to remove or change a judge from
a pending case.

§ 4-35

(5)

COMMUNITY CODE OF ORDINANCES

Even if a complaint is filed with the
commission against a presiding judge, a
complainant's underlying court case
should not be delayed or suspended, and
a complaint with the commission is
separate and independent from the case
pending before the Community court.

(c-2) Scope regarding attorneys and advocates.
(1)

(2)

The commission shall have the authority
to review and adjudicate allegations of
attorney or advocate misconduct as
defined by Section 1: Advocate Rules of
Professional Conduct, of the SRPMIC
Court Rules of Professional Conduct
subsections I—XXIII enacted on August
9, 2000; or as amended.

Ex parte communication means a communication between counsel and the court when opposing counsel is not present regarding a pending
issue before the court.
Misconduct means that improper, unethical,
or unlawful act.
Privileged means written or unwritten information that is prepared by an attorney or a member
of the commission in anticipation of litigation or
a judicial disciplinary proceeding.
Respondent means the judge, attorney or
advocate whom a person has filed a complaint
against, and this complaint is before the commission.

Subsections XXIV through XXVI of the
SRPMIC Court Rules of Professional
Conduct are hereby repealed by the
ordinance from which this section is
derived, and no longer applicable.

(e) Commission.
(1)

The commission shall be comprised of
the following three members who are as
follows:
a.

One sitting, retired or former federal,
state or tribal judges (who is not
currently a sitting judge of the Community court);

b.

One licensed attorney, admitted to
and in good standing with the
Arizona State Bar Association or
other state bar association, who does
not practice before the SRPMIC
court, but has experience in federal
Indian law and working with Indian
tribal communities;

c.

One Community member with or
without legal, advocate or judicial
experience (who is not a current
sitting judge of the SRPMIC court).

(d) Definitions.
Attorney-work product means writings, notes,
memoranda, reports on conversations with clients
or witnesses, research and/or confidential materials that reflect an attorney's impressions, conclusions, opinions, or legal research.
Clear and convincing means proof that the
truths of the facts asserted are highly probable
or reasonably certain to have occurred.
Commission means the judicial discipline and
conduct commission established pursuant to this
section.

(2)

The council shall appoint each member
of the commission for a four-year term.
One of the initial commissioners shall
serve only a 24-month term in order to
ensure that the commission will have
staggered terms.

(3)

No commission members shall have ever
been convicted of a felony, or convicted of
two or more misdemeanors (other than
non-criminal traffic tickets) in the past
seven years. Prior to appointment to the
commission, candidates will be required

Complainant means the individual who files a
written complaint regarding the conduct of a
judge, attorney or advocate of the Community
court.
Council means the Salt River Pima-Maricopa
Indian Community's governing body.
Court or SRPMIC court or Community court
means the Salt River Pima-Maricopa Indian
Community Court.

Supp. No. 6

CD4:12

COURTS GENERALLY

to disclose whether or not they have a
criminal history, what that criminal history is, and then submit to a criminal
history background check administered
by the human resources department.
(4)

Two of the commissioners shall constitute
a quorum for the transaction of business.

(5)

The commission shall meet only when
necessary to conduct the business of the
commission.

(6)

Staff support services shall be provided
to the commission by the SRPMIC Office
of General Counsel. Budget support
services shall be provided to the commission by the office of budget and records.

(5)

§ 4-35

c.

Any of the investigator's attorneywork product, commission deliberations and records of the commission's
deliberations shall not be disclosed.

d.

After the filing and service of formal
charges, all proceedings of the commission shall be public, unless they
pertain to matters involving a minor
child.

Immunity from civil suits.
a.

Communications and testimony to
the commission, commission legal
counsel and staff relating to judicial,
attorney or advocate misconduct
shall be privileged, and no civil law
suit predicated thereon may be
instituted against any complainant
or witness.

b.

Members of the commission, commission legal counsel, and staff shall
be immune from civil suit for their
conduct in the course of their official
commission duties.

(f) Commission protocols.
(1)

(2)

(3)

(4)

Burden of proof. The complainant bears
the burden of proof. The standard of
review for any proceeding before the
commission shall be clear and convincing
evidence.
Right to counsel. The respondent shall be
entitled to retain counsel and to have the
assistance of counsel at every stage of
the proceeding. Respondent shall be
responsible to pay for their own legal fees
and costs unless council authorizes payment.
Ex parte communications. Members of
the commission shall not engage in ex
parte communications with the respondent
or the complainant.

(6)

Service of process. Service upon the
respondent of formal charges in any
disciplinary proceeding shall be made by
personal service upon the respondent or
respondent's counsel. All other papers
may be served by standard and registered/
certified mail.

(7)

Oaths and subpoena power.

Confidentiality.
a.

b.

Supp. No. 6

Before the filing and service of formal
charges, all proceedings and information relating to the complaint shall
be confidential unless the commission determines that a disclosure of
information is necessary to protect
a person, or the public.
All information relating to a
complaint that has been dismissed
without formal charges being filed
shall be held confidential by the
commission.

CD4:13

(8)

a.

Oaths and affirmations may be
administered by the commission.

b.

The commission may compel by
subpoena the attendance of a
respondent or witness and the
production of pertinent books, papers
and documents for purposes of the
investigation, deposition or hearing
into the complaint.

Interim suspension. Upon the receipt of
sufficient evidence demonstrating that a
respondent poses a substantial threat of

§ 4-35

COMMUNITY CODE OF ORDINANCES

serious harm to the public or the
administration of justice, the commission
may recommend the following:
a.

To the council if the respondent is a
judge, that the respondent be placed
on administrative leave with pay
until the commission process is final.
Such administrative leave shall not
exceed 60 days without further
council action; or

b.

To the Community manager and
court administrator if the respondent
is a government attorney or advocate,
that the respondent be placed on
administrative leave with pay or be
suspended from practice before the
court until the commission process
is final.

c.

(9)

b.

The complaint form will be filed
with the office of the general counsel.
The complaint shall be date and
time stamped.

c.

The complaint must be filed within
six months of the incident in question. If the complaint is filed after
six months of when the incident
occurred, the commission does not
have jurisdiction to hear the
complaint unless the complaint
pertains to a series of actions that
are alleged to be misconduct, then
the complaint must be filed within
six months from the latest incident
of alleged misconduct.

d.

Any person may file a complaint
before the commission.

e.

The complainant shall receive
acknowledgement that the complaint
has been received by the commission within 72 hours (excluding
weekends) of the filing of the
complaint.
1.
The commission's letter of
receipt shall include a statement that the commission shall
provide an initial review of the
complaint within 15 business
days.

f.

All processes and proceedings
conducted by the commission, including a hearing, shall be conducted in
as informal nature as possible while
still promoting the objective of a
fair and independent conduct and
discipline process. For example, if a
hearing is held, the formal rules of
evidence shall not be applied.

g.

The commission may make its own
internal rules, regulations or policies to assist in a fair and efficient
investigation, adjudication, and
deliberation of any complaint before
it.

To the court administrator if the
respondent is a private advocate or
attorney, then the commission may
recommend that the private advocate
or attorney be suspended from
practice before the court until the
commission process is final.

Recommendations to improve the
administration of justice. The commission has the authority to provide written
recommendations to the council, Community manager, judiciary, government
departments, advocates and attorneys to
improve the administration of justice,
and the conduct and practice of law in
the Community court system.

(g) Commission review and formal hearing
process.
(1)

Filing of a complaint.
a.

Supp. No. 6

All complaints received under this
section must be submitted in writing in a form prescribed by the
commission. All forms must include
the name and signature of the person
or individuals filing the complaint.
The commission shall not accept
anonymous complaints.

CD4:14

(2)

Initial screening.
a.

The commission shall evaluate an
initial complaint and if the complaint

COURTS GENERALLY

and any relevant information, that
if true, would not constitute
misconduct then the commission
shall dismiss the complaint or if
appropriate, refer the matter to the
Community manager.
1.
Referral of a complaint to the
Community manager does not
violate any confidentiality
provisions of this section.
2.
If in the future, additional
information becomes known to
the commission regarding a
complaint that has been
dismissed before the filing of
formal charges, the allegations
may be reinvestigated by the
commission.
b.

(3)

(4)

canon or rules allegedly violated,
with a provision that the investigation can be expanded, if appropriate;

a.

The commission shall appoint an
independent
investigator
to
investigate the allegations made in
the complaint. If the commission
proceeds with formal charges, the
investigator shall present the case
before the commission.

b.

The investigator shall be a licensed
attorney who is not an employee of
the Community or who does not
practice before the Community court.
The investigator shall have experience in federal Indian law and working with Indian tribal communities.

b.

The respondent's duty to cooperate
and respond;

c.

The respondent's opportunity to present before the commission if formal
charges are filed by the commission;
and

d.

The name of the complainant unless
the commission determines that
there is good cause to withhold that
information.

(5)

Dismissal of complaint after initial
investigation. After an initial investigation has been conducted, and the commission determines that the complaint does
not state a claim for which the law
provides a remedy or the complaint is
legally insufficient or without merit, the
commission shall issue a letter to the
complainant and the respondent notifying them that the complaint has been
dismissed with or without prejudice.

(6)

Formal charges.

If the complaint and any relevant
information submitted raise allegations, that if true, would constitute
misconduct then the commission
shall open a formal investigation
and appoint an investigator within
the
commission's
budgeting
guidelines.

Investigator.

§ 4-35

a.

If the commission determines that
based on the information gathered
in the investigation, that the alleged
facts are likely true then the commission shall file formal charges
against the respondent. The formal
charges shall provide fair and
adequate notice of the alleged
misconduct and shall be served upon
the respondent with proof of service.

b.

The council shall be provided written notice of the formal charges
against the judges.

Investigation. Once the commission
appoints an investigator to investigate
the allegations made in the complaint,
the commission shall notify the respondent
of the following:

c.

If formal charges are issued against
a government attorney or advocate,
then the written notice of the formal
charges shall be sent to the Community manager.

a.

d.

If formal charges are issued against
a private attorney or advocate, then

Supp. No. 6

A specific statement of the allegations being investigated and the

CD4:15

§ 4-35

COMMUNITY CODE OF ORDINANCES

the written notice of the formal
charges shall be sent to the court
administrator.
(7)

(8)

Answer to formal charges. The respondent
shall file a written answer with the
commission within 20 calendar days of
the date of service of the formal charges.
The commission may grant an extension
of time for the answer, for good cause.
Failure to answer or appear.
a.

2.

b.

Failure of the respondent to
answer the formal charges shall
constitute an admission of the
factual allegations.
If the respondent should fail to
appear when specifically
ordered by the commission, the
respondent shall be deemed to
have admitted the factual
allegations which were the
subject of the appearance and
also to have conceded the merits
of any motion or recommendations to be considered at such
appearance. Absent good cause,
the commission shall not
continue or delay proceedings
because of the respondent's
failure to appear.

Complainant. Absent good cause, if
the complainant fails to appear when
specifically ordered by the commission, the complaint shall be
dismissed with prejudice.

Discipline with the consent of the
respondent must be in writing and
contain the following information:
1.

That the respondent consents
to the discipline;

2.

Admits to judicial, attorney or
advocate misconduct as defined
by this section; and

3.

That the respondent's consent
is free and voluntary.

c.

The commission shall file the consent
to discipline for the judges with the
council. The consent to discipline
shall remain confidential until it is
formally accepted by the council.

d.

The commission shall file the consent
to discipline with the Community
manager and the court administrator for government advocates and
attorneys.

e.

The commission shall file the consent
to discipline with the court
administrator for private attorneys
and advocates.

Respondent.
1.

(9)

b.

(10) Disciplinary hearing.
a.

Upon receipt of the respondent's
answer or upon expiration of the
time to answer, the commission shall
schedule a hearing and notify the
respondent of the date, time and
place of the hearing.

b.

The conduct of the hearing shall be
as follows:
1.

All testimony shall be under
oath;

2.

The investigator shall present
evidence on the formal charges;

3.

The investigator may call the
respondent as a witness;

4.

Both parties shall be permitted to present evidence and
produce and cross-examine witnesses;

5.

The hearing shall be recorded;
and

Discipline by consent.
a.

Supp. No. 6

At any time after the filing of formal
charges and before final disposition,
the respondent may agree with the
commission's charges and admit to
any and all of the formal charges in
exchange for a stated sanction (i.e.
this is similar to a settlement agreement or a negotiated plea).

CD4:16

COURTS GENERALLY

The investigator and the
respondent
may
submit
proposed findings, conclusions
and recommendations for either
the
sanctioning
of
the
respondent or an order of
dismissal of the complaint.
c.
By majority vote of the commission,
the commission shall dismiss the
complaint, sanction the respondent
or recommend to the council that
the judge be removed from their
position.
d.
If the respondent is a judge, within
15 calendar days, the commission
shall file with the council a report of
the proceeding setting forth a written summary, proposed findings of
fact, conclusions of law, any minority opinions and the order of sanction or recommendation for removal
from office. The judge shall also
receive a copy.
e.
If the respondent is a government
advocate or attorney, within 15
calendar days, the commission shall
file with the Community manager
and the court administrator a report
of the proceeding setting forth a
written summary, proposed findings of fact, conclusions of law, any
minority opinions and the order of
sanction. The government advocate
or attorney shall also receive a copy.
f.
If the respondent is a private
advocate or attorney, the commission shall file with the court
administrator, a report of the
proceeding setting forth a written
summary, proposed findings of fact,
conclusions of law, any minority
opinions and the order of sanction.
The private advocate or attorney
shall also receive a copy.
(11) Sanctions. The sanctions that the commission may consider are limited to the
following:
a.
Judges.
1.
Recommendation to the council
for removal of the respondent

§ 4-35

as a judge before the SRPMIC
court pursuant to subsection
(g)(12) of this section;

6.

Supp. No. 6

CD4:17

b.

2.

Suspension, without pay, for
up to 15 days (any proposed
suspension of more than 15
days must be done by council
action);

3.

Private reprimand by the commission (the commission may
recommend that the council
provide public notice of this
reprimand; however, the council
will determine whether public
notice of such reprimand is
warranted);

4.

For minor and unintentional
violations, mandatory training
or counseling.

5.

Discipline by consent as defined
in subsection (g)(9) of this section.

6.

Restitution, if appropriate and
applicable.

Government attorney or advocate.
1.

Recommendation that an
attorney or advocate no longer
be allowed to practice law before
the Community court for a
certain length of time or
permanently.

2.

Recommendation to the Community manager that an
attorney or advocate who is a
tribal government employee be
disciplined per the Community's human resources policies.

3.

Private reprimand by the commission (the commission may
recommend that the Community manager provide public
notice of this reprimand);

4.

For minor or unintentional
violations, require mandatory
training or counseling.

§ 4-35

COMMUNITY CODE OF ORDINANCES

c.

5.

Discipline by consent as defined
in subsection (g)(9) of this section.

6.

Restitution, if appropriate and
applicable.

c.

Private attorney or advocate.
1.

2.

Private reprimand by the commission.

4.

Public reprimand by the commission;

5.

For minor and unintentional
violations, require mandatory
training or counseling.

6.

Discipline by consent as defined
in subsection (g)(9) of this section.

7.

Restitution, if appropriate and
applicable.

a.

If there are further allegations filed
against the respondent while the
council is reviewing the commission's decision, the council may wait
for the commission's determination
on the new allegations before issuing a decision on whether to remove
the judge from office.

b.

Upon the recommendation of the
commission, the council may impose

The council shall file a written decision with the council secretary.

(h) Annual report.

Recommendation that the
attorney or advocate no longer
be allowed to practice law before
the Community court for a
certain length or time or
permanently.

(12) Recommendation for removal from judicial
office. If the commission recommends
removal of the respondent from their
office as a judge, then the recommendation shall be provided to the council. The
council by majority vote will determine
whether to uphold the commission's
recommendation for removal. If the
council does not uphold the commission's
recommendation for removal of a judge
from office, then the council may
determine the appropriate disciplinary
action.

Supp. No. 6

a single sanction covering all recommendations for discipline from the
commission.

(1)

The commission shall file and present to
council an annual report at the end of
each calendar year. This annual report
shall include the following:
a.

The number of complaints that were
received by the commission during
the year;

b.

The number of complaints filed
against each judge, attorney or
advocate;

c.

The final outcome of the commission's review regarding all filed
complaints, including complaints
that were determined to not have
merit; and

d.

Any other related information that
the commission deems appropriate.

(2)

The council shall publish the commission's annual report.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-561-2023, 7-19-2023)
Sec. 4-36. Request for change of judge;
judge recusal; conflict of interest.

CD4:18

(a) Request for change.
(1)

In any civil action pending in the Community court, the parties are entitled as
a matter of right to a change of judge.
The right may be exercised by either
party. A party wishing to exercise the
right to change of judge shall file a
pleading entitled "Notice of Change of
Judge." The notice shall be signed by the
party, it shall state the name of the judge
to be changed, and it shall neither specify
grounds nor be accompanied by an
affidavit. The request for change of judge
shall be immediately honored.

COURTS GENERALLY

(2)

In any criminal action pending in the
Community court, all change of judge
requests shall be in accordance with Rule
10 of the rules of criminal procedure (as
may be amended).

(b) Conflict of interest. No judge shall be
qualified to act in any case wherein he or she has
an interest in the outcome or where he or she is
a relative to the first degree by marriage or blood
whatsoever to any party.
(c) Self disqualification; filing of affidavit. A
judge may remove himself or herself from acting
in a case if he or she is not qualified to act under
the provision of subsection (b) of this section, or a
party may cause the judge to be removed if he or
she is not qualified to act under the provisions of
subsection (b) of this section, if the party files an
affidavit that the judge is not qualified under the
provision of subsection (b) of this section or is
biased against the party filing the affidavit or in
favor of the other party in the action. The judge
against whom the affidavit has been filed shall
hold a hearing within ten days after the affidavit
has been field to determine whether the affidavit
correctly states the facts. If the judge determines
that the affidavit correctly states the facts, then
the judge shall be disqualified. If the judge
determines that the affidavit does not correctly
state the facts and that the judge is not disqualified under the provisions of subsection (b) of this
section, then the judge shall continue to act in
the case. The determination of qualification
shall be made at the conclusion of the hearing.

§ 4-87

ARTICLE III. APPEALS
Sec. 4-85. Appellate division.
The appellate division of the Community court
shall consist of appellate justices of the Community court approved by the Community Council.
No justice shall sit on a court of appeals in a case
in which the original proceedings were tried by
that justice or if that justice was disqualified
pursuant to this Community Code of Ordinances.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-85a. Effect of appeal being filed.
Upon the acceptance of an appeal by the
appellate court, the trial court shall place a stay
on the matter and the trial court shall refrain
from making any further decisions until the
completion of the appeal, unless directed otherwise
by the appellate court.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-86. Jurisdiction of the court of
appeals.
The court of appeals has jurisdiction to decide
the following:
(1)

Appeals from all final judgments or final
orders of the Community court in civil
matters;

(2)

Appeals from all judgments of conviction
of the Community court in criminal matters; and

(3)

(d) Time limit upon requests, filing. No requests
for change of judge and no affidavit of disqualification or bias shall be filed more than five days
after the date on which the answer to the
complaint is to be filed. No request for change of
judge or affidavit of disqualification or bias shall
be filed after the assigned judge has ruled on any
substantive matter in the proceedings or has
ruled in an earlier related case or proceeding.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-551-2023, 11-2-2022)

Secs. 4-37—4-84. Reserved.

Supp. No. 6

Special actions as defined by the Rules of
Civil and Criminal Appellate Procedure.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-87. Appellate justices.
(a) Appointments. The court of appeals shall
consist of no less than three justices appointed
by the Community Council. The Community
Council may appoint additional justices to serve
in a pool of justices to enable the presiding
justice to select panels of three available justices
when needed. Justices appointed to the court of
appeals must meet the qualifications set forth in
section 4-88.

CD4:19

§ 4-87

COMMUNITY CODE OF ORDINANCES

(2)

(b) Burden of establishing qualifications.
Applicants for judicial appointment have the
burden of establishing that they satisfactorily
meet the qualifications set forth in section 4-88.
Appointment decisions by Community Council
are not subject to review or appeal or any
grievance process.
(c) Compensation. Justices will be compensated
as directed by the Community Council and in
accordance with Community human resources
department policies and procedures, except that
such compensation will not be diminished during
a justice's term in office.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-88. Composition of the court of
appeals.
Pursuant to section 4-93 and the Rules of Civil
and Criminal Appellate Procedure, a panel of
three justices will consider and decide the merits
of any appeals, petitions, or motions. Each panel
shall be comprised of two licensed justices and
one associate justice as defined below.
(1)

Licensed justices. No less than two justices
appointed to a panel of the court of
appeals shall be attorneys licensed to
practice law and members in good standing in all state bar associations to which
they are admitted and shall meet the
qualifications set forth in section 4-32(4).
a.

Justices appointed pursuant to this
section must have practiced as an
attorney or judge in the area of
federal Indian law and have a
minimum of two years' experience
in an employment or appointed
capacity working with tribal governments.

b.

Preference will be given to candidates
with prior judicial experience.

c.

Preference will be given to candidates
who are members of the Salt River
Pima-Maricopa Indian Community,
the Gila River Indian Community,
the Ak-Chin Indian Community, the
Tohono O'odham Nation, or other
federally recognized tribe.

Supp. No. 6

Associate justices. One justice appointed
to each panel of the court of appeals may
be a non-attorney who meets the qualifications set forth in sections 4-32(2)(a), (b),
(d), (e), (h), (i), and (k).
a.

A justice appointed pursuant to this
section shall be familiar with the
customs and traditions of the Akimel
O'odham and Xalychidom Piipaash
people and how those customs and
traditions can be applied to matters
pending before the Community court.

b.

A justice appointed pursuant to this
section must have at least five years
of judicial or law-related experience.

c.

Preference will be given to candidates
with prior tribal court judicial experience.

d.

Preference will be given to candidates
who are members of the Salt River
Pima-Maricopa Indian Community,
the Gila River Indian Community,
the Ak-Chin Indian Community, the
Tohono O'odham Nation, or other
federally recognized tribe.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-89. Appointment to the court of
appeals.
(a) Length of term. Effective as of December
31, 2018, upon appointment by the Community
Council, a justice of the court of appeals will
serve a term of four years or thereafter until his
or her successor is appointed by the council.
(b) Reappointment. Justices may serve an
indefinite number of terms subject to reappointment by the Community Council. For previously
serving court of appeals justices who have received
no complaints and are in good standing, the
Community Council may re-appoint them for a
four-year term without going through the judicial
selection committee process.
(c) Expiration. If the term of appointment for
a justice of the court of appeals expires while the
justice is presiding over a case or cases, the
justice may continue to preside over the case or

CD4:20

COURTS GENERALLY

cases until a final opinion, memorandum, or
order is issued but under no circumstances will
the justice continue to serve more than six
months following the expiration of his or her
appointment. The presiding justice is authorized
to allow a justice to continue serving pursuant to
this section.
(Ord. No. SRO-516-2020, 3-4-2020)

and ordinances of the Community and only to
the extent applicable, the Indian Civil Rights Act
and other federal law.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-92. Advisory opinions.
The court of appeals is authorized to issue
advisory opinions:

Sec. 4-90. Designation and responsibilities
of presiding justice.
(a) Designating a presiding justice. The Community Council will designate a justice appointed
pursuant to section 4-88(a) to serve as the
presiding justice of the court of appeals.
(b) Responsibilities. In addition to his or her
role as a member of the court of appeals and
other duties set forth in this article, the presiding justice will be responsible for:
(1)

Making case assignments;

(2)

After considering recommendations from
each panel, assigning justices to author
court of appeals' opinions;

(3)

Exercising supervisory responsibility for
court of appeals' members and providing
judicial direction to staff;

(4)

Directing training and professional
development of appellate justices and
court of appeals' staff;

(5)

Issuing an annual report to the Community Council regarding the number of
appellate cases pending, the number of
cases heard by, and the number of final
orders issued by the court of appeals
during that past year, in addition to any
other relevant information regarding the
performance of the court of appeals.
(Ord. No. SRO-516-2020, 3-4-2020)

(1)

Upon request by a judge of the Community court on questions of law;

(2)

Upon request by a state or federal court
on questions of law and custom; and

(3)

Upon request by the judicial conduct and
discipline commission on questions of
law and custom.
(Ord. No. SRO-516-2020, 3-4-2020; Ord. No.
SRO-563-2023, 8-30-2023)
Sec. 4-93. Consideration of the appeal.
(a) Selecting a panel. Once a notice of appeal
has been filed, the presiding justice will assign
the matter to a panel, which may include the
presiding justice, of three appellate justices who
will consider the appeal.
(b) Preliminary rulings. The full panel will
determine requests for oral argument and other
preliminary matters and will designate a member
of the panel who will be responsible for issuing
preliminary orders.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-94. Opinions, memoranda, and
orders.
Unless otherwise noted, all opinions,
memoranda, and orders of the court of appeals
on all matters within its jurisdiction are final.

Sec. 4-91. Oath of office.
Upon appointment by the Community Council,
justices appointed to the court of appeals shall
take an oath to uphold the Constitution, laws,

Supp. No. 6

§ 4-94

CD4:21

(1)

Request for rehearing. Any request for a
rehearing must be filed in the manner
set forth in the appropriate rules of
appellate procedure.

(2)

Review of pending cases. The justices of
the court of appeals will review all pending cases no less than once each month
until a final, written opinion, memoranda,
or order is entered.

§ 4-94

(3)

COMMUNITY CODE OF ORDINANCES

Time for issuing opinions, memoranda,
and orders. All opinions, memoranda,
and orders of the court of appeals will be
entered within six months of oral arguments or the deadline for submission of
the respondent's brief, whichever is later.

(4)

Failure to comply. Failure to comply with
this section may constitute cause for
which a justice may be removed from
office.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-95. Disqualification and removal.
(a) Self-disqualification. All justices are encouraged to assess their individual qualifications to
serve on a case and may disqualify themselves in
any instance they deem appropriate.
(b) Request for removal of a justice. Any party
may file a request pursuant to section 4-36 with
the presiding justice of the court of appeals to
remove an individual appellate justice from a
case.
(1)

After reviewing the request, the presiding justice will issue a written order
granting or denying the request and
stating the reasons for the decision.

(2)

If a party seeks to remove the presiding
justice from a case, the request will be
considered by the entire panel and the
appellate justice assigned to author the
opinion will enter the order granting or
denying the request.

(3)

This order will be final and not subject to
additional appeal.

(c) Removal and suspension. Justices appointed
pursuant to this article are not subject to removal
or suspension except for cause as determined by
the Community Council after notice and an
opportunity to be heard and as provided in
section 4-35.
(Ord. No. SRO-516-2020, 3-4-2020)

pursuant to section 4-87(a) to form a panel, the
presiding justice will select an appellate justice
pro tempore to sit on the case by designation.
(b) Qualifications. Appellate justices pro
tempore sitting by designation shall meet the
qualifications set forth in section 4-88 depending
on whether a justice is to fill a licensed or
associate justice position.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-97. Attorneys and advocates.
Any party to an appeal filed in the court of
appeals may, at their own expense, have the
assistance of counsel who may be either an
attorney or an advocate and who must be admitted to practice in the Community court.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-98. Binding on the Community
Tribal Court.
(a) All orders made by the court of appeals
shall be binding on the trial court unless expressly
stated otherwise by the appellate order, and is
judicial precedent for the community court.
(b) All orders made by the appellate court
shall be made publicly available and published
on the internet.
(c) Failure to follow an appellate court order,
may subject a trial court judge to discipline, and
possibly removal, by the judicial conduct and
discipline commission process.
(Ord. No. SRO-516-2020, 3-4-2020)
Sec. 4-99. Effective date.
The amendments set forth in sections 4-86
through 4-98 will govern appeals filed on or after
February 1, 2015.
(Ord. No. SRO-516-2020, 3-4-2020)
Secs. 4-100—4-185. Reserved.
ARTICLE IV. BONDS AND WITNESS
EXPENSES

Sec. 4-96. Justices by designation.

Sec. 4-186. Bonds and witness expenses.

(a) Appellate justices pro tempore. If for any
reason the presiding justice is unable to select
three justices from the pool of justices established

(a) Criminal bond. In a criminal case, the
judge may require that a bond be posted in an
amount set at the discretion of the judge.

Supp. No. 6

CD4:22

COURTS GENERALLY

(b) Civil bond. In a civil case, the judge may
require that a bond be posted in an amount equal
to value of the judgment, including costs. A cash
deposit for the amount of the judgment or the
value of the property, plus costs, may be made in
lieu of a bond.
(Ord. No. SRO-516-2020, 3-4-2020)
Secs. 4-187—4-210. Reserved.
ARTICLE V. RESERVED
Secs. 4-211—4-231. Reserved.
ARTICLE VI. DEFENDANT'S RIGHTS
Sec. 4-232. Explanation of charges; judge
to advise legal rights.
Before any defendant is asked to plead to any
criminal charge, the judge before whom he or she
appears shall do the following:
(a)

Read the charge and the language of the
ordinance establishing the offense and
fixing the penalty;

(b)

Explain the charge in language the
defendant can understand; and

(c)

Advise the defendant of his or her legal
rights as more particularly described in
the rules of criminal procedure.
(Ord. No. SRO-516-2020, 3-4-2020)

Supp. No. 6

CD4:23

§ 4-232

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3Ad73e98af2cc5fb11. Public record. Not legal advice.