Walker River Paiute Tribe

Walker River Paiute Tribe

1022 Hospital Road + P.O, Box 220 « Schurz, Nevada 89427

Telephone: (775) 773-2306

Fax: (775) 773-2585

RESOLUTION OF THE GOVERNING BODY

OF THE

WALKER RIVER PAIUTE TRIBE

RESOLUTION NO. WR-46-2021

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAITUTE

TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe (“Tribe”) is organized under

the provisions of the Indian Reorganization Act of June, 1934, as amended, to

exercise certain rights of home rule and to be responsible for the promotion of the

economic and social welfare of its members, and

WHEREAS, the Tribe’s Constitution and By-Laws create the foundation for the governance of

the Tribe and the framework for all Tribal operations and authorizes the Walker

River Paiute Tribal Council to act on behalf of the Walker River Paiute Tribe and

to promulgate ordinances for the purpose of safeguarding the peace and safety of

residents of the Reservation, and

WHEREAS, pursuant to this power, the Tribal Council has created a Law & Order Code and

other Jaws and ordinances to govern the conduct of people within the Tribe’s

jurisdiction, and

WHEREAS, the Tribal Council has recognized the importance of reviewing and updating the

Law & Order Code to ensure the Code meets the Tribe’s needs and best serves to

protect the interests of the Tribe, its members and persons living, visiting and

working on Tribal lands, and

WHEREAS, to meet this goal, the Tribal Council drafted a new Title 1 of the Law & Order

Code titled “Tribal Court”, and

WHEREAS, the new proposed Title 1 was posted for at least thirty days to allow for public

comment, the Tribal Council considered the comments and is now prepared to

take action to approve Title 1,

NOW THEREFORE BE IT RESOLVED, by the Walker River Tribal Council, the governing

body of the Walker River Paiute Tribe, hereby adopts, approves and promulgates the attached

version of Title 1 titled “Tribal Court” of the Tribe’s Law and Order Code, which shall go into

effect on June 1, 2021, and which shall supersede and replace any and all prior versions of Title

1, and

BE IT FURTHER RESOLVED, that the Walker River Tribal Council hereby directs that the

Tribal Court make Title 1 of the Law & Order Code available to those Tribal members and

attorneys/advocates who request a copy. The expense for each copy will be at the cost of the

requester, and

BE IT FURTHER RESOLVED, that the Tribal Chairwoman or her designee is hereby

authorized to effectuate any and all administrative actions necessary for the implementation of

this resolution and the approved Title 1 of the Law & Order Code, and

BE IT FINALLY RESOLVED, that nothing in this resolution shall be construed as a waiver of

the sovereign immunity of the Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council of

the Walker River Paiute Tribe composed of seven members. of whom 7, constituting a quorum

were present a meeting held on the 29"" day of April 2021, and that the foregoing resolution was

adopted by the affirmative voter of 6-FOR and 0-AGAINST and 0-ABSTENTION, pursuant to

the authority contained in Article VI, Section I (e). of the Constitution and Bylaws of the Walker

River Paiute Tribe of Nevada, approved on March 26, 1937.

Y . ~

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

RE-CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council of

the Walker River Paiute Tribe composed of seven members, of whom 6, constituting a quorum

were present a meeting held on the 8" day of July 2021, and that the foregoing resolution was

adopted by the affirmative voter of 5-FOR and 0-AGAINST and 0-ABSTENTION, pursuant to

the authority contained in Article VI, Section I (e), of the Constitution and Bylaws of the Walker

River Paiute Tribe of Nevada, approved on March 26, 1937.

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

Walker River Paiute Tribe

Tribal Court

Title 1

Tribal

Court

Title | Approved by Walker River Tribal Council April 29, 2021

Resolution No.: WR-46-2021

Effective: June 1, 2021

Post Office Box 225, Schurz, NV 89427 * Telephone: (775) 3-2232 * Fax: (775) 773-2333

LAW AND ORDER CODE

TITLE | — THE TRIBAL COURT

Table of Contents

1-10 AUTHORIZATION AND DEFINITIONS —

1-10-0106 Establishment of the Tribal Court

1-10-020 Definitions

1-20 JURISDICTION OF THE TRIBAL COURT —

1-20-010 Territorial Jurisdiction of the Tribal Court

1-20-020 Civil Jurisdiction

1-20-030 Criminal Jurisdiction

1-20-040 Probate Jurisdiction

1-20-050 Juvenile Jurisdiction

1-30 LAW TO BE APPLIED BY THE TRIBAL COURT —

1-30-010 Tribal Law and Order Code

1-30-020 Tribal Custom and Usage

1-30-030 Federal Law

1-30-040 Inapplicability of Nevada Law and 25 Code of Federal Regulations

Part 11

1-40 JUDGES OF THE TRIBAL COURT —

1-40-010 Composition of the Tribal Court

1-40-020 Qualifications of the Chief Judge

1-40-030 Qualifications of the Associate Judge

1-40-040 Appointment of Judges

1-40-050 Term of Office

1-40-060 Oath of Office

1-40-070 Duties and Powers of Judges

1-40-080 Appointment of Temporary Judges

1-40-090 Compensation of Judges

1-40-100 Removal of Judges

1-40-110 Disqualification of Judges; Conflict of Interest

1-40-120 Filling Vacancies

1-50 CLERK OF COURT —

1-50-010 Qualifications of Clerk

1-50-020 Appointment of Clerk

1-50-030 Duties of the Clerk

1-50-040 Judge May Assume Duties of the Clerk

1-50-050 Termination of Clerk

LAW AND ORDER CODE Title 1 — Tribal Court

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Page 2 of 15

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1-60 RECORDS OF THE TRIBAL COURT —

1-60-010 Court Files

1-60-020 Recording Court Proceedings

1-60-030 Forms of Decisions

1-70 RULES OF COURT —

1-70-010 Preparation of Rules

1-70-020 Approval of Rules

1-70-030 Amendment of Rules

1-70-040 Sanctions

1-80 PRACTICE BEFORE THE TRIBAL COURT -

1-80-010 Right to Employ a Representative

1-80-020 Who May be a Representative

1-80-030 Representatives Right to Appear

1-90 APPEALS FROM TRIBAL COURT —

1-90-010 Composition of the Court of Appeals

1-90-020 Appeal Procedure

LAW AND ORDER CODE

Title 1 — Tribal Court

Page 3 of 15

LAW AND ORDER CODE

TITLE | - THE TRIBAL COURT

Establishment of the Tribal Court — Pursuant to the authority granted to the Tribal

Council by Article VI, Section 1() of the Constitution and By-laws of the Walker

River Paiute Tribe there is hereby established a Tribal Court to be known as the

Walker River Tribal Court. The Walker River Tribal Court is established for the

(a) Resolving disputes involving members of the Walker River Paiute Tribe,

Definitions ~ The following words have the meanings given below when used in

(e) Law and Order Code: All ordinances and titles of the Law and Order Code

(f) Reservation: The territory within the jurisdiction of the Walker River Paiute

1-10 AUTHORIZATION AND DEFINITIONS —

1-10-010

purpose of:

(b) Providing a forum for the resolution of other disputes arising within

jurisdiction of the Tribal Court, and

(c) The enforcement of Law and Order.

1-10-020

this Law and Order Code:

(a) Clerk: Clerk of the Court.

(b) Code: The Law and Order Code of the Walker River Paiute Tribe.

(c) Court: The Walker River Court.

(d) Juvenile Court: The Walker River Juvenile Court.

of the Walker River Paiute Tribe..

Tribe as set forth in the Tribal Constitution.

(g) He, him, and his: These words include the feminine gender when

appropriate.

(h) Tribe: The Walker River Paiute Tribe.

(i) Tribal Court: The Walker River Tribal Court.

1-20 JURISDICTION OF THE TRIBAL COURT —

1-20-010

Territorial Jurisdiction of the Tribal Court - The territorial jurisdiction of the

Tribal Court shall extend to all territory within the present boundaries of the

Reservation as defined by the Tribe’s Constitution, including trust and non-trust

land, and all roads, water and bridges, and to any lands which may be added to the

LAW AND ORDER CODE Title 1 -— Tribal Court Page 4 of 15

“

1-20-020

1-20-030

1-20-040

1-20-050

1-30

Reservation in the future or which may become subject to the jurisdiction of the

Tribe by virtue of an Executive Order, a declaration or regulations of the United

States Department of the Interior, a declaration or order of a court of competent

Jurisdiction, or other lawful means.

Civil Jurisdiction — The Tribal Court shall have jurisdiction over all civil actions

as defined in Title 2 and other relevant titles of the Law and Order Code.

Personal jurisdiction shall exist over all defendants, Indian or non-Indian, served

within the territorial jurisdiction of the court, or consenting to such jurisdiction, or

otherwise served in compliance with applicable law. The act of entry upon

territory within the jurisdiction of the court shall be considered consent to the

jurisdiction of the court with respect to any civil action arising out of such entry.

The act of entry upon territory within the jurisdiction of the court by an off-

Reservation seller or his agent to deliver goods shall be considered consent by the

seller to the jurisdiction of the Tribal court for any dispute arising out of the sale,

regardless of where the contract was entered.

Criminal Jurisdiction — The Tribal Court shall have criminal jurisdiction over all

offenses enumerated in this Law and Order Code and any subsequent ordinance

adopted by the Tribe when committed by any person within jurisdiction of the

court.

Probate Jurisdiction — To the extent permitted by federal law, the Tribal Court

shall have probate jurisdiction over ali of the real and personal property located

within the jurisdiction of the court at the time of death, and the personal property,

wherever located, of any person who is a resident of the Reservation at the time of

death, Indian or non-Indian.

Juvenile Jurisdiction — The Tribal Court shall have exclusive original jurisdiction

in all proceedings and matters affecting children under the age of eighteen, when

such children are residing or apprehended within the jurisdiction of the court.

When exercising such jurisdiction, a case may be transferred to the Tribal Court if

the child is a Tribal member or eligible to be a Tribal member, and the case is

pending in a State Court.

LAW TO BE APPLIED BY THE TRIBAL COURT —

1-30-010

1-30-020

Tribal Law and Order Code — The Tribal Court shall apply the provisions of this

Code and any additional ordinance hereafter adopted by the Tribe.

Tribal Customs and Usage —

(a) In matters not covered by Tribal ordinance or the Law and Order Code, the

Tribal Court shall apply traditional customs and usages of the Tribe.

(b) The Tribal Court shall not consider whether the customs and usages of the

Tribe apply unless this issue is raised by one of the parties. It shall be the

obligation of the party wishing to benefit by the application of this section to

present evidence of such custom and usage, but only after providing written

LAW AND ORDER CODE Title 1 — Tribal Court Page 5 of 15

notice to the other party at least ten days prior to the court hearing

addressing this issue.

(c) When in doubt as to such customs and usages, the Tribal Court may request

the advice of counselors familiar with them.

Federal Law — In any matters not covered by Sections 1-30-010 and 1-30-020, the

Tribal Court shall apply any laws of the United States that could be applied by

any courts of general jurisdiction of any state, and any regulation of any

administrative agency of the United States that may be of general or specific

Inapplicability of Nevada Law and 25 Code of Federal Regulations Part 11 —

Upon the passage of this Code, neither Nevada law nor 25 Code of Federal

Regulations (C.F.R.), Part 11, shall be applied by the Tribal Court unless

(a) The Tribal Court shall consist of one Chief Judge and as many Associate

Judges as the Tribal Council shall find necessary to conduct the business of

(b) Although the specific number of Associate Judges is left up to the Tribal

Council under subsection (a) of this section, there shall always be one Chief

Judge and at least one Associate Judge of the Tribal Court.

1-30-030

applicability.

1-30-040

specifically incorporated into this Code by ordinance.

1-40 JUDGES OF THE TRIBAL COURT -

1-40-010 Composition of the Tribal Court —

the court.

1-40-020 Qualifications of the Chief Judge —

(a) The Chief Judge may be any person, whether Indian or non-Indian and

whether a resident or non-resident of the Reservation provided such person:

(1) _ Is twenty-one (21) years of age or older.

(2) Has never been convicted of a felony unless a full pardon has been

received for the offense.

(3) Isa person of integrity and high morai character as defined by the

Tribal Council.

(4) Is not a member of the Tribal Council.

(5) Is willing to attend training sessions for Tribal Judges.

(b) Itis preferred, though not required, that the Chief Judge be a person licensed

to practice law in one of the United States, or the District of Columbia.

LAW AND ORDER CODE Title 1— Tribal Court Page 6 of 15

1-40-030 Qualifications of the Associate Judge — The Associate Judge may be any person,

“A whether Indian or non-Indian, who meets the requirements for Chief Judge set out

in subsection (a) of Section 1-40-020 above.

1-40-040 Appointment of Judges —

(a) All Judges shail be appointed by the Tribal Council. If time allows, the

Judges shall be chosen from a list of qualified applicants recommended by

the Tribal Law and Order Committee, but if the Tribal Council feels no one

on the list is qualified, it may require the Law and Order Committee to

submit another, different, list.

(b) Nothing in the Scction shall prohibit the Tribal Council from receiving

funding from the Bureau of Indian Affairs.

1-40-050 Term of Office —

(a) All Judges shall serve for a term of four (4) years and thereafter until their

successors take office, unless removed for cause.

(b) Judges shall be eligible for reappointment.

1-40-060 Oath of Office — Before taking office, each Judge shall take the following oath or

affirmation, administered by the Chairman of the Tribal Council or his designee:

“1, , do solemnly (swear/affirm) that I will

itn | administer justice impartially and perform all the duties incumbent upon me as

. Judge with the best of my abilities and understanding.”

1-40-070 Duties and Powers of Judges —

(a) The Chief and Associate Judges of the Tribal Court shall have the duty and

power to conduct all court proceedings, and issue all orders and papers

incident thereto, in order to administer justice in all matters within the

jurisdiction of the Tribal Court. In so doing, they shall:

(1) Be responsible for establishing and maintaining rules of court

regulating conduct in the Tribal Court. Such Rules must be approved

by the Tribal Council.

(2) Hold court regularly at a designated time and place on the Reservation.

As needed, Court may be held virtually using telephone or video

conferencing at the discretion of the Judge.

(3) Hear and decide alf cases.

(4) Enter all appropriate orders and judgments.

LAW AND ORDER CODE Title 1— Tribal Court Page 7 of 15

a)

1-40-080

1-40-090

1-40-100

(b)

(c)

(5) Issue all appropriate warrants and subpoenas.

(6) Keep such records as are required by Tribal ordinance and the Rules of

the Court.

(7) Perform the duties of the Clerk in the absence of a Clerk.

(8) Perform such other duties as are required by this Code or by

ordinance.

(9) Perform such other duties as are necessary and proper in the

administration of justice.

Unless a coroner is appointed in accordance with the provisions of this

Code, the Chief Judge shall have the authority to perform the duties of a

Coroner. The Chief Judge can designate a coroner in his absence.

The Chief Judge shall hear all cases except those that are assigned to an

Associate Judge or which must be heard by an Associate Judge in order to

ensure the prompt administration of justice.

Appointment of Temporary Judges —

(a)

(b)

If, due to the disqualification or other unavailability of the Chief and

Associate Judges, an additional Judge is needed to adjudicate matters, the

Tribal Council shall have the power to appoint a temporary Judge to hear the

case.

The Tribal Council must make such an appointment within ten (10) days of

receiving the request when it is necessary to ensure the prompt

administration of justice.

Compensation of Judges —

(a)

(b)

The compensation of all Judges of the Tribal Court shall be set by resolution

of the Tribal Council. No Judge shall have his compensation reduced during

his term of office.

Nothing in this Section shall prohibit the Tribal Council from receiving

funding from the Bureau of Indian Affairs.

Removal of Judges —

(a)

(b)

Judges may be removed for good cause by a two-thirds (2/3) vote of the

Tribal Council.

Procedures to be followed in removing a Judge:

LAW AND ORDER CODE Title 1 - Tribal Court Page 8 of 15

(1)

(2)

(3)

(4)

(6)

No action will be taken exccpt on a written complaint to the Tribal

Council setting forth specific facts that justify removal.

The Judge shall be immediately notified of the charges against him.

Within sixty (60) days of receiving a complaint against a Judge, the

Tribal Council shall decide by majority vote of a quorum whether the

complaint requires a hearing before the Tribal Council to determine if

the Judge should be removed. Notice of this decision must be sent by

certified mail to both the Judge accused and the complainant within

five (5) days of the Tribal Council decision. No Judge shall be

removed except following a hearing on the complaint and a subsequent

decision by the Tribal Council that removal is appropriate.

If the Tribal Council decides a hearing is required, it shall set a date

for such hearing, at least thirty (30) days but not more than sixty (60)

days in advance. The Tribal Council shall notify the accused Judge

and the complainant of the date of the hearing in the notice required in

subsection (b)(3) of this section. The accused Judge shall be

suspended from his duties from the date on which the Tribal Council

decides that a hearing is necessary.

At the hearing scheduled pursuant to subsection (b)(4) of this section,

both the accused Judge and the complainant shall be given an

opportunity to present evidence, call witnesses, and make a statement

to the Tribal Council in support of their contention.

After a hearing is held, the Tribal Council shall vote on whether or not

the evidence presented establishes that good cause exists for removing

the Judge. The parties shall be notified of the Tribal Council’s

decision in the manner provided for in subsection (b)(3) of this section.

Any Judge not removed is restored to his duties as of the decision of

the Tribal Council.

1-40-110 Disqualification of Judges; Conflict of Interest —

(a) No Judge shall hear or determine any case when he has a direct interest in

the outcome of such case or where he is related by blood or marriage to one

of the parties as: husband, wife, brother, sister, father, mother, grandfather,

grandmother, grandson, granddaughter, son, daughter, uncle, aunt, nephew,

or niece. Any party or the Judge may raise the question of conflict of

interest. If conflict of interest exists that Judge is disqualified, and another

Judge shall hear the matter.

(b) A Judge related to one or both of the parties in one of the blood or marriage

relationships listed in subsection (a) of this section may hear a case if both

LAW AND ORDER CODE

Title 1— Tribal Court Page 9 of 15

a)

or ali parties know or are advised of the relationship and consent in writing

to have that Judge hear the case.

(c) A writing which documents the consent referred to in subsection (b) of this

section shall be made part of the record of the case.

Filling Vacancies — When a Judge’s position becomes vacant before the end of

the term, the Tribal Council shall fill the vacancy by appointment. The Judge

appointed to fill a vacancy will serve the remainder of the original term and be

Qualifications of Clerk - The Clerk shall:

(a) Be willing to attend training sessions for Tribal Court Clerks.

(b) Be qualified to perform the duties of the Clerk as set forth in Section 1-50-

Appointment of Clerk — The Clerk shall be appointed by the Tribal Council.

1-40-120

eligible for reappointment.

1-50 CLERK OF COURT —

1-50-010

030.

1-50-020

1-50-030 Duties of the Clerk —

(a) The Clerk shall keep the records of the Court, including but not limited to a

case file with an identifying number containing all of the pleadings and all

papers filed in each case.

(b) The Clerk shall send out all notices required by Tribal law to be sent by the

Tribal Court.

(c) The Clerk shall assist all persons or organizations with business before the

Court so as to ensure the efficient operation of the Tribal Court. Such

assistance may not include help with the preparation of papers to be filed

with the Tribal Court.

(d) The Clerk shall collect all fines paid, pay out all fees authorized by law, and

account for all monies to the Tribal Council.

(e) The Clerk shali attend all sessions of the Tribal Court to administer oaths

and otherwise assist the Judge in the conduct of the court.

(f) The Clerk shall be under the supervision of the Chief Judge and shall

perform such other duties with regard to the Tribal Court as the Chief Judge

may direct.

LAW AND ORDER CODE Title 1 — Tribal Court Page 10 of 15

1-50-040

1-50-050

1-60

(g) Nothing in this section shall be construed to prohibit the Clerk from having

other duties consistent with the Office of Clerk, such as matron, bookkeeper,

etc.

Judge May Assume Duties of the Clerk — When, for whatever reason, the position

of Clerk is vacant or the Clerk is unavailable, a Judge may assume and perform

the duties of the Clerk.

Termination of Clerk ~ Termination of the Clerk shall be in accordance with

Tribal Personnel Policy.

RECORDS OF THE TRIBAL COURT —

1-60-010

1-60-020

1-60-030

nN

Court Files —

(a) Court files on a particular case are not open to the public. Only the parties

and persons authorized by the parties or the Tribal Judge may inspect the

records of a case and obtain copies of documents included therein.

(b) Authorized persons may inspect such files only during the ordinary working

hours of the Clerk or the Judge, to censure the integrity of court records.

Under no circumstances shall anyone except a Judge hearing the case take a

file from the Clerk’s office without an order from the Judge.

(c) Acopy of any document contained in a court file may be obtained from the

Clerk by any authorized person for a reasonable charge to cover the

expenses of copying. The Clerk shall certify that such copies are accurate

copies of the document on file.

Recording Court Proceedings —

(a) When requested to do so by one of the parties, the Clerk shall record the

proceedings of the court. The recording shall be identified by case number

by the Clerk and kept for one year for use in appeals or collateral

proceedings in which the events of the hearing or the manner in which it

was conducted are in issue.

(b) To preserve the integrity of the recording, the Clerk shall store it in a safe

place and release it only to the relevant court, or pursuant to an order of the

Judge.

Forms of Decisions —

(a) Each decision of the Tribal Court, whether at trial or on appeal, shall be

recorded on a form approved by the Tribal Council for such purpose. The

decision form shall provide for recording the date, the case number, the

parties, the substance of the complaint, a brief summary of the evidence

presented, the Judge’s decision, and the judgment of the court.

LAW AND ORDER CODE Title 1 ~ Tribal Court Page 11 of 15

1-70

(b) This decision form shall be placed in the case file as an official document of

the Tribal Court.

RULES OF COURT —

1-70-010

1-70-020

1-70-030

1-70-040

1-80

Preparation of Rules — The Chief Judge may prepare Rules of Court concerning

conduct in the Tribal Court. Such rules may include the time and place of court

sessions, the form and filing deadlines of pleadings, decorum in the court room

and other matters that will make the Tribal Court function more efficiently.

Approval of Rules — The Rules of Court shall be reviewed by the Tribal Council

and become effective upon approval by the Tribal Council.

Amendment of Rules — The Rules of Court may be amended by a resolution of

the Tribal Council. Such a resolution should specify which rules are superseded

and include the text of the new rules.

Sanctions —

(a) The Tribal Court may require observance of the Rules of Court before

taking any action in a matter:

(1) Where one party suffers actual monetary damages, including fees to a

representative.

(2) Due to delay in the proceedings.

(3) When the failure of some other party before the court to obey the

Rules of the Court.

(b) The party injured may sue to recover the actual damages.

PRACTICE BEFORE THE TRIBAL COURT —

1-80-010

1-80-020

A“

Right to Employ a Representative — Any party to any case before the Tribal Court

may employ a representative to help present his case.

Who May be a Representative —

(a) Any person may be a representative and appear on behalf of another upon

payment of a twenty-five dollar ($25.00) annual fee to the Tribal Court and

subscribing to the following oath:

“L, , do hereby (swear/affirm) that I am

familiar with the Tribal Law and Order Code and that I will conduct myself

with honor towards those I represent and with respect before the Tribal

Court.”

(b) All representatives, including Licensed Attorneys and Advocates, must

complete at least two (2) hours of advocate training and successfully

complete the Walker River Tribal Court Attorney/Representative Exam

LAW AND ORDER CODE Title 1 — Tribal Court Page 12 of 15

an)

(c)

prior to practicing in Tribal Court. Licensed attorneys may use proof of two

(2) hours of state bar continuing education to satisfying the advocate

training requirement. Individuals acting as a representative prior to the

adoption of this section shall have six (6) months to complete any necessary

training and pass the Tribal Court Attorney/Representative Exam before

they will be prohibited from acting as a representative in the Tribal Court.

A list of persons who have fulfilled the requirements of this section shall be

kept by the Clerk.

A representative may be denied the privilege of appearing before the Tribal

Court, permanently or for a stated period of time, on any of the following

(1) Swearing in court to facts known to him to be false.

(2) Conviction within the last year of a Class A or B offense in Tribal

Court, as defined in Law and Order Code Sections 4-70-070 and 4-70-

130, or conviction in another court of an equally scrious offense.

(3) Other actions taken that would violate standard and recognized ethical

rules applicable to attorneys and that the Tribal Court determines

constitute sufficient grounds to suspend that representative’s privilege

No representative may be denied the privilege of appearing before the Tribal

Court under subsection (a) of this section without a hearing before the Tribal

Court in which the necessary charges must be proven by a preponderance of

After the hearing provided for in subsection (b) above, the Tribal Court

Judge presiding shall decide whether the charges against the representative

are true and whether they are grounds for discipline. If discipline is

appropriate, the Judge may suspend the representative’s right to appear for a

At the discretion of the Judge, representatives may appear electronically via

1-80-030 Representatives Right to Appear —

(a)

grounds:

to appear.

(b)

the evidence.

(c)

designated period of time as determined by the Judge.

(d)

telephone or video conferencing.

1-90 APPEALS FROM TRIBAL COURT —

1-90-010 Composition of the Court of Appeals —

LAW AND ORDER CODE

(a)

The Tribal Court of Appeals shall consist of all of the Judges of the Tribal

Court except the Judge from whose decision the appeal is taken.

Title 1 -— Tribal Court Page 13 of 15

(b)

(c)

When necessary, the Tribal Council shall appoint a temporary Judge to sit

on the Tribal Court of Appeals. Whenever possible such temporary Judges

shall have experience as a tribal court Judge.

Nothing in this section shall prevent the Tribal Council from entering into

an agreement with other Tribes, reservations, and colonies of Nevada

Indians whereby the Tribal Court Judges are shared among the various

Tribal Courts for the purpose of hearing Appeals. Any such agreement by

the Tribal Council shall take precedence over the general provisions

contained in subsections (a) and (b) of this section. The Bureau of Indian

Affairs is to handle all Walker River Tribal Court appeals including costs.

Walker River Paiute Tribal Council will recognize that the Bureau of Indian

Affairs Court of Appeals decisions to be final.

1-90-020 Appeal Procedure —

(a)

(b)

(c)

(d)

(e)

an)

Any party dissatisfied with a decision of the Tribal Court, except the

prosecution in a criminal case, may appeal by filing a written notice of

appeal with the Clerk within fifteen (15) days of the Judge’s decision, and

complying with Section 1-90-030. Where a decision is not delivered at a

hearing with both parties present, the fifteen (15) days does not begin to run

until the party who wishes to appeal receives formal notice of the decision.

Upon receiving the notice of appeal, the Clerk shall draw up an appellate

case file and transfer the entire record, including any notation indicating the

existence of a recording of the proceedings, to the Court of Appeals.

The filing of briefs and other procedural matters regarding the conduct of an

appeal shall be governed by the provisions of Title 2, or if these provisions

do not address the matter then the rules of the applicable court of appeals.

Whenever possible, appeals shall be decided on the record of the case,

including the decision form and any recording of the proceedings, in order

to eliminate unnecessary travel and delay. The Court of Appeals may

require a hearing or oral argument if it considers that they would be

necessary or helpful.

After the decision by the Court of Appeals, a Judge thereof shall fill out a

decision form stating the result and reason for the result on appeal. A copy

of the completed decision form shall be sent to each party to the appeal by

certified mail. The original shall be filed in the case file and remain a part

of the record of the case in any further proceedings.

LAW AND ORDER CODE Title 1 - Tribal Court Page 14 of 15

CERTIFICATION

As a duly-elected official of the Walker River Paiute Tribe, | do hereby certify that at a meeting

duly called, noticed, and convened on the QPYAday of anal, 2021, at which time a quorum

of & was present, the Title 1, Tribal Court Code was duly amended by a vote of (FOR. 0

AGAINST, 9 ABSTAINED, and said Code has not been rescinded or amended in any form.

Ombu Gurren YBOIOH

Tribal Council Chairperson Date

ATTEST:

Aaa 2k Machen LL

Tribal Secretary Date

LAW AND ORDER CODE Title 1— Tribal Court Page 15 of 15