WINNEBAGO TRIBAL CODE (2025)
Tribal code
Ask Donna
What actually matters in this document.
Text
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
COURT RULES
(As redesignated July 1, 1989.)
SUMMARY OF CONTENTS
SECTION
ARTICLE-PAGE
TITLE 1: COURT RULES
1. TABLE OF REVISIONS
iv
2. TABLE OF CONTENTS
v
3. ARTICLE 1: PRELIMINARY PROVISIONS
1-1
4. ARTICLE 2: ESTABLISHMENT OF COURTS
2-1
5. ARTICLE 3: WINNEBAGO SUPREME COURT RULES OF
APPELLATE PROCEDURE
3-1
6. ARTICLE 4: COUNSELORS AND PROFESSIONAL
ATTORNEYS
4-1
7. ARTICLE 5: CONTEMPTS
5-1
8. ARTICLE 6: SELECTION OF JURORS
6-1
9. ARTICLE 7: JUDICIAL CONDUCT
7-1
10. ARTICLE 8: BONDS AND SURETIES
8-1
11. ARTICLE 9: MISCELLANEOUS
9-1
12. ARTICLE 10: OFFICE OF THE GENERAL COUNSEL
10-1
13. ARTICLE 11: TRADITIONAL WELLNESS COURT
11-1
TITLE 1A: WINNEBAGO RULES OF EVIDENCE
1. TABLE OF REVISIONS
i
2. TABLE OF CONTENTS
ii
3. ARTICLE 1: GENERAL PROVISIONS
1-1
4. ARTICLE 2: JUDICIAL NOTICE
2-1
5. ARTICLE 3: PRESUMPTIONS
3-1
6. ARTICLE 4: RELEVANCY AND ITS LIMITS
4-1
i
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
7. ARTICLE 5: (RESERVED)
5-1
8. ARTICLE 6: WITNESSES
6-1
9. ARTICLE 7: OPINION AND EXPERT TESTIMONY
7-1
10. ARTICLE 8: HEARSAY
8-1
11. ARTICLE 9: AUTHENTICATION AND IDENTIFICATION
9-1
12. ARTICLE 10: CONTENTS OF WRITINGS, RECORDINGS
AND PHOTOGRAPHS
10-1
13. ARTICLE 11: MISCELLANEOUS RULES
11-1
TITLE 1B: RULES OF CRIMINAL PROCEDURE
1. TABLE OF REVISIONS
i
2. TABLE OF CONTENTS
ii
3. ARTICLE 1: SCOPE, PURPOSES, AND CONSTRUCTION
1-1
4. ARTICLE 2: PRELIMINARY PROVISIONS
2-1
5. ARTICLE 3: PROCEEDINGS BEFORE TRIAL
3-1
6. ARTICLE 4: TRIAL
4-1
7. ARTICLE 5: JUDGMENT
5-1
8. ARTICLE 6: APPEAL
6-1
9. ARTICLE 7: MISCELLANEOUS PROVISIONS
7-1
TITLE 1C: TRIBAL CHILD SUPPORT GUIDELINES
1. TABLE OF REVISIONS
i
2. TABLE OF CONTENTS
ii
3. ARTICLE 1: TRIBAL CHILD SUPPORT GUIDELINES
1-1
TITLE 1D: BANISHMENT AND EXCLUSION CODE [REPEALED]
1. TABLE OF REVISIONS
i
2. TABLE OF CONTENTS
ii
ii
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
TABLE OF REVISIONS
The following table is included in this title as a guide for determining whether each article
properly reflects the current version. This table will be updated with the revision of each article.
Through usage and supplementation, pages in bound titles can be inserted and removed when
sections are revised on an article-by-article basis. This table should be placed before the Table of
Contents in the title.
The “Article” column lists each article, and the “Section” column lists any corresponding sections
that have been revised, in sequence. The “Revised Date” column reflects the effective date of the revision
(e.g., “6/20/15”). If an article is not listed in the table, it has not been revised since the December 2015
Winnebago Tribal Code update and distribution.
Article
Section
iii
Revised Date
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
COURT RULES
(As redesignated July 1, 1989)
ARTICLE 1
PRELIMINARY PROVISIONS
1-100
1-101
1-102
1-103
1-104
1-105
1-106
Authorization.
Definitions.
Territorial jurisdiction.
Criminal jurisdiction.
Personal jurisdiction.
Jurisdiction over property.
General subject matter jurisdictionlimitations.
1-107 Civil jurisdiction.
1-108
1-109
1-110
1-111
1-112
1-113
1-114
Juvenile jurisdiction.
Law to be applied.
Exclusive jurisdiction.
Constitutional authority.
Name of Code.
Prior inconsistent ordinances repealed.
Amendment of Code.
TITLE 1
ARTICLE 2
ESTABLISHMENT OF COURTS
Judges and other Court Personnel
1-201
1-202
1-203
1-204
Trial Court established.
Court of appeals. Appeal of right.
Tribal Court judges.
Minimum qualifications of Judge of the
Tribal Court.
1-204.1 Change in qualifications.
1-205 Manner of selection of Tribal Judges.
1-206 Term of office.
1-207 Compensation of judges.
1-208 Oath of office.
1-209 Duties and powers of judges.
1-210 Disqualifications of judges.
1-211 Removal of judges.
1-212 Decisions.
1-213 Records.
1-214 Files.
1-215 Motion day.
1-216 Court clerk establishment.
1-217 Clerk as department director.
1-218 Powers and duties.
1-219 Oath of clerks.
1-220 Seal.
1-221 Certification of true copies.
1-222 Clerk to serve Tribal and all other Courts.
1-223 Courts always open.
1-224 Trials and hearing—orders in chambers.
1-225 Clerk’s office and orders of the clerk.
1-226 Notice of orders or judgments.
1-227 Books and records kept by the clerk and
entries therein.
1-228 Stenographic report or transcript as
evidence.
1-229 Judgment docket.
1-230 Execution docket.
1-231 Clerk may collect judgment and costs.
1-232 Clerk to issue writs and orders.
1-233 Clerk to file and preserve papers.
1-234 Each case to be kept separate.
1-235 Endorsements.
1-236 Entry on return of summons.
1-237 Material for record.
1-238 Memorializing record.
1-239 Clerk to keep Court records, books, and
papers, statistical and other information.
1-240 Applicable to all Courts within Tribe’s
jurisdiction.
1-241 Bonds.
1-242 Probation and parole officers.
1-243 Creation of prosecutor’s office.
1-244 Functions of the prosecutor(s).
1-245 Creation of defender’s office.
1-246 Functions of the defender(s).
iv
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
ARTICLE 3
WINNEBAGO SUPREME COURT
RULES OF APPELLATE PROCEDURE
APPLICABILITY OF RULES
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
Rule 6
Rule 7
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Scope of rules.
Suspension of rules.
Appeal as of right—how taken.
Appeal as of right—when taken.
Reserved for provisions relating to
interlocutory appeals in civil actions.
Reserved for provisions relating to
interlocutory appeals in criminal actions.
Bond for costs on appeal in civil cases.
Stay or injunction pending appeal.
Release in criminal cases.
The record on appeal.
Transmission of record.
Docketing the appeal; filing the record.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Writs.
Habeas corpus proceedings.
Custody of prisoners in habeas corpus
proceedings.
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31
Rule 32
Rule 33
Rule 34
Rule 35
Rule 36
Rule 37
Rule 38
Rule 39
Rule 40
Rule 41
Rule 42
Rule 43
Rule 44
Proceedings in forma pauperis.
Filing and service.
Computation and extension of time.
Motion.
Briefs.
Brief of an amicus curiae.
Appendix to the briefs.
Filing and service of briefs.
Form of briefs, the appendix, and
other papers.
Prehearing conference.
Oral argument.
Determination of causes by the
court en banc.
Entry of judgment.
Interest on judgments.
Damages for delay.
Costs.
Petition for rehearing.
Issuance of mandate.
Voluntary dismissal
Substitution of parties.
Cases involving constitutional or
Indian civil rights act question where
the Winnebago Tribe is not a party.
TITLE 1
ARTICLE 4
COUNSELORS AND PROFESSIONAL ATTORNEYS
1-400
1-401
1-402
1-403
Lay counsel.
Right to be represented by an attorney.
Eligibility for admission.
Procedure for admission.
1-404 Disbarment and discipline.
1-405 Standards of conduct and obligations for
attorneys and lay counsel.
1-406 Oath of attorneys and lay counselors.
v
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
ARTICLE 5
CONTEMPTS
1-500 Acts or failures to act which contribute
contempt of Court.
1-501 Civil contempt.
1-502 Criminal contempt.
1-503 Contempt procedure.
TITLE 1
ARTICLE 6
SELECTION OF JURORS
1-600 Eligibility for jury selection.
1-601 Jury lists.
1-602 Jury panel selection procedures.
1-603 Power to excuse jurors.
1-604 Compensation to jurors.
TITLE 1
ARTICLE 7
JUDICIAL CONDUCT
1-700
1-701
1-702
1-703
1-704
Adoption of Code of Judicial Conduct.
Canon 1.
Canon 2.
Canon 3.
Canon 4.
1-705
1-706
1-707
1-708
Canon 5.
Canon 6.
Canon 7.
Compliance with Code of Judicial Conduct.
TITLE 1
ARTICLE 8
BONDS AND SURETIES
1-800
1-801
1-802
1-803
Justification of surety.
Qualifications of surety.
Real estate mortgage as bond.
Valuation of real estate.
1-804 False valuation—penalty.
1-805 Action by Tribe or Tribal department—no
bond required.
1-806 Appearance bond—enforcement.
vi
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1
TITLE 1
ARTICLE 9
MISCELLANEOUS
1-900
1-901
1-902
1-903
1-904
1-905
1-906
1-907
1-908
1-909
1-910
1-911
Deputy may perform official duties.
Affirmation.
Publication in “patent insides.”
Action on official bond.
May be several actions on same security.
Immaterial errors to be disregarded.
Payments into Court for minors and
incompetents.
Conserving moneys obtained for minors
or incompetent persons.
Sharing of judicial officers.
Sharing of other judicial personnel.
Sharing of material resources.
Sharing of financial resources.
1-912
1-913
1-914
1-915
1-916
1-917
1-918
1-919
1-920
1-921
Repealed by TCR 93-85.
Copies of laws.
Cooperation by federal employees.
Effect of prior decisions of the Court.
Judicial review of legislative and executive
actions.
Action when no procedure provided.
Adoption by reference not a waiver of
sovereign power of the Tribe.
Actions by or against Tribe or its officers.
Actions by or against Tribe or its officers
or employees.
Principles of construction.
TITLE 1
ARTICLE 10
OFFICE OF THE GENERAL COUNSEL
1-1000
1-1001
1-1002
Office established.
Duties.
Delegation of duties.
1-1003 Engagement of outside legal counsel.
1-1004 Title of Attorney General.
TITLE 1
ARTICLE 11
TRADITIONAL WELLNESS COURT
(Amended August 29, 2011)
1-1101
1-1102
1-1103
1-1104
1-1105
1-1106
1-1107
1-1108
Construction.
Purpose.
Traditional Wellness Court established.
Personal and subject matter jurisdiction.
Appointment of Wellness Court Panel
Members.
Referral process.
Reports to Tribal Court.
Nature of cases to be decided by the
Traditional Wellness Court.
vii
1-1109 Powers and duties of Traditional Wellness
Court Panel Members.
1-1110 Powers and duties of the Traditional
Wellness Court Coordinator.
1-1111 Intake process.
1-1112 Procedures.
1-1113 Records and confidentiality.
1-1114 Completion of Proceedings.
1-1115 Destruction of Records.
1-1116 Appeals.
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 1
TITLE 1
COURT RULES
(As redesignated July 1, 1989.)
ARTICLE 1
PRELIMINARY PROVISIONS
1-100
1-101
1-102
1-103
1-104
1-105
1-106
Authorization.
Definitions.
Territorial jurisdiction.
Criminal jurisdiction.
Personal jurisdiction.
Jurisdiction over property.
General subject matter jurisdictionlimitations.
1-107 Civil jurisdiction.
1-108
1-109
1-110
1-111
1-112
1-113
1-114
Juvenile jurisdiction.
Law to be applied.
Exclusive jurisdiction.
Constitutional authority.
Name of Code.
Prior inconsistent ordinances repealed.
Amendment of Code.
PREAMBLE
This Code of laws for the Winnebago Tribe of Nebraska of the Winnebago Indian Reservation is
established for the purpose of strengthening Tribal self-government and providing for the protection of
people and property on the reservation. Adoption of this Code is an exercise of inherent sovereignty of
the Winnebago Tribe of Nebraska, and is undertaken by the Winnebago Tribal Council pursuant to its
constitutional authority so to do. [TCR 86-79]
1-100 Authorization. There is hereby established, ordained and activated, pursuant to the Constitution
of the Tribe, the judicial branch of the government of the Tribe, the Tribal Court and an appeals Court
known as the Winnebago Supreme Court. [TCR 96-22]
1-101 Definitions. The following words have the meanings given below when used in this Act, unless a
different meaning is obvious from the context:
1.
2.
3.
4.
5.
6.
7.
8.
9.
“Appeals Court” shall mean the Court of last resort to which appeals may be taken from the
Tribal Court. The judicial decisions of the Court of Appeals are final and not subject to further
appeal. The Court of Appeals shall be the Winnebago Supreme Court.
“Clerk” shall mean the clerk of the Court.
“Code” shall mean the statutory laws of the Tribe.
“Constitution” shall mean the Constitution of the Tribe.
“He,” “him,” and “his” shall mean the masculine, feminine or neuter form as necessary for the
phrase to have meaning.
“Tribal Court” shall mean the general Tribal Court operating within the jurisdiction of the Tribe.
“Jurisdiction” shall mean the Indian Country within the territorial jurisdiction of the Tribe.
“Tribe” shall mean the Winnebago Tribe of Nebraska unless the context clearly indicates
otherwise.
“Reservation” shall mean all the territory within the exterior boundaries of the Winnebago Indian
Reservation (including Flowers Island and other Tribal land located east of the Missouri River) as
set forth in the Winnebago Treaty of March 8, 1865 (14 Stat. 671) and the twenty (20) sections
included in the strip purchased in Nebraska for Wisconsin Winnebagos (18 Stat. 170), June 22,
1874 and such lands as may be added thereto by Congress or the Tribe or reaffirmation of the title
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 1
10.
of lands through the Courts to the Tribe, except as otherwise provided by law. This definition of
reservation includes all rights-of-way, waterways, streams, lakes, highways, railroad
rights-of-way, mineral rights, etc.
“Winnebago Tribal Court” shall mean the Tribal Court and the Winnebago Supreme Court and
such other inferior courts as the Tribal Council may from time to time establish. [TCR 86-79,
87-102, 91-63, 93-62, 96-22]
1-102 Territorial jurisdiction.
1.
2.
The jurisdiction of the Courts of the Winnebago Tribe of Nebraska shall extend to the territory
within the exterior boundaries of the Winnebago Indian Reservation (including Flowers Island
and other Tribal land located east of the Missouri River) as set forth in the Winnebago Treaty of
March 8, 1865 (14 Stat. 671) and the twenty (20) sections included in the strip purchased in
Nebraska for Wisconsin Winnebagos (18 Stat. 170), June 22, 1874 and such lands as may be
added thereto by Congress or the Tribe or reaffirmation of the title of lands through the Courts to
the Tribe, except as otherwise provided by law. This definition of territorial jurisdiction includes
all rights-of-way, waterways, streams, lakes, highways, railroad rights-of-way, mineral rights, etc.
The Winnebago Tribal Courts shall have jurisdiction over any Indian Child Welfare Act
proceeding or other juvenile matter falling within the jurisdiction conferred on the Tribal Courts
by Article IV, Section 1(R) of the Winnebago Constitution and Bylaws (amended May 28, 1981)
and /or contemplated by the Indian Child Welfare Act of 1978, 25 U.S.C. Section 1901, et. seq.,
as may be amended from time to time, or by successor statute, whether arising on or off the
Winnebago Indian Reservation. [TCR 96-22]
1-103 Criminal jurisdiction. The Courts shall have original jurisdiction over all criminal offenses
enumerated and defined in any statute adopted by the Tribe insofar as not prohibited by federal law. The
Court of Appeals in all criminal cases shall be the Winnebago Supreme Court. [TCR 96-22]
1-104 Personal jurisdiction.
1.
2.
As used in these jurisdictional provisions, the word “person” shall include any individual, firm,
company association, corporation or other entity.
Subject to any limitations expressly stated elsewhere in this Code, the Courts of the Tribe shall
have jurisdiction over the following persons:
a.
Any person who transacts, conducts, or performs any business or activity within the
reservation, either in person or by an agent or representative, for any civil cause of action
or contract or in quasi contract or by promissory estoppel or alleging fraud.
b.
Any person who owns, uses, or possesses any property within the reservation, for any
civil cause of action prohibited by this Code or other statute of the Tribe arising from
such ownership use or protection.
c.
Any person who commits a tortious act on or off the reservation or engages in tortious
conduct within the reservation, either in person or by agent or representative, causing
harm within the reservation for any civil cause of action arising from such act or conduct.
d.
Any Indian who commits a criminal offense prohibited by this Code or other statute of
the Tribe, by his/her own conduct or the conduct of another for which he/she is legally
accountable, if:
i.
The conduct occurs either wholly or partly within the reservation; or
ii.
The conduct which occurs outside the reservation constitutes an attempt or
conspiracy to commit an offense within the reservation; or
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 1
iii.
3.
4.
The conduct which occurs within the reservation constitutes an attempt or
conspiracy to commit in another jurisdiction an offense prohibited by this Code
or other statute of the Tribe and such other jurisdiction.
Any person for whom the Tribal Courts may constitutionally exercise jurisdiction.
None of the foregoing bases of jurisdiction is exclusive, and jurisdiction over a person may be
established upon any one or more of them as applicable. [TCR 96-22]
1-105 Jurisdiction over property. Subject to any contrary provisions, exceptions or limitations
contained in either federal laws and regulations, the Tribal Constitution, or as expressly stated elsewhere
in this Code, the Winnebago Tribal Court System shall have jurisdiction over any real or personal
property located on the reservation to determine the ownership thereof or rights therein or to determine
the application of such property to the satisfaction of a claim for which the owner of the property must be
liable. [TCR 96-22]
1-106 General subject matter jurisdiction—limitations.
1.
The Winnebago Tribal Court System shall have such subject matter jurisdiction as is expressly
conferred by Article IV 1(i) and 1(q), Winnebago Constitution and By-laws (amended May 28,
1981) to wit:
a.
Any and all Indian Child Welfare Act proceedings defined at 25 U.S.C. Section 1901, et.
seq., or successor statute, without regard to the child’s residence or domicile or the
location of any incidents giving rise to the proceedings.
b.
Civil disputes and civil causes of action of any kind whatsoever with the following
exceptions and limitations:
i.
The Winnebago Tribal Court shall have jurisdiction over probate proceedings to
the extent permitted by federal law over all of the real and personal property
located within the boundaries of the jurisdiction of the Court at the time of death.
[TCR 86-79, 96-22]
1-107 Civil jurisdiction. The Winnebago Tribal Courts shall have general civil jurisdiction over all
civil actions arising under the Constitution, laws, or treaties of the Tribe, including the Tribal common
law, over all general civil claims which arise within the Tribal jurisdiction, and over all transitory claims
in which the defendant may be served within the Tribal jurisdiction. Personal jurisdiction shall exist over
all defendants served within territorial jurisdiction of the Courts, or served anywhere in cases arising
within the territorial jurisdiction of the Tribe, and all persons consenting to such jurisdiction. The act of
entry within the territorial jurisdiction of the Courts shall be considered consent to the jurisdiction of the
Courts with respect to any civil action arising out of such entry. The act of entry upon the territorial
jurisdiction by an extraterritorial seller, merchant, or their agent(s) shall be considered consent by the
seller or merchant or their agent(s) to the jurisdiction of the Courts for any dispute arising out of any sale
or commercial transaction regardless of where the sale or transaction was entered into or took place. The
Court of Appeals in all civil cases shall be the Winnebago Supreme Court. [TCR 96-22]
1-108 Juvenile jurisdiction. The juvenile division of the Tribal Court shall have exclusive original
jurisdiction in all proceedings and matters affecting dependent or neglected children, children in need of
care, children in need of supervision, or children under eighteen years of age, or any juvenile offenders
when such children are found within the jurisdiction of the Court, or when jurisdiction is transferred to the
Court pursuant to law. The Court of Appeals in all juvenile matters shall be the Winnebago Supreme
Court. [TCR 96-22]
1-109 Law to be applied. The Courts shall apply the Tribal Constitution, and the provisions of all
statutory law hereto or hereafter adopted by the Tribe. In matters not covered by Tribal statute, the Court
3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 1
shall apply traditional Tribal customs and usages, which shall be called the common law. When in doubt
as to the Tribal common law, the Court may request the advice of counselors and Tribal elders familiar
with it. In any dispute not covered by the Tribal Constitution, Tribal statute, or Tribal common law, the
Court may apply any laws of the United States or any states therein, and any regulation of the Department
of Interior which may be of general or specific applicability. Upon this Code becoming effective, neither
Part II of Title 25 of the Code of Federal Regulations, except those sections thereof which are effective
when the Tribe receives certain funding from the Bureau of Indian Affairs, nor state law shall be binding
upon the Court unless specifically incorporated into Tribal law by Tribal statute or by decision of the
Tribal Courts adopting some federal or state law as Tribal common law. [TCR 96-22]
1-110 Exclusive jurisdiction.
1.
2.
The Courts of the Winnebago Tribe of Nebraska shall have exclusive original jurisdiction in all
matters in which the Tribe or its officers or employees are parties in their official capacities,
except as otherwise limited by federal law.
Nothing contained in the preceding paragraph or elsewhere in this Code shall be constructed as a
waiver of the sovereign immunity of the Tribe or its officers or enterprises. [TCR 96-22]
1-111 Constitutional authority. This Code is adopted pursuant to the authority vested in the Tribal
Council under Article IV, Section 1(i) and 1(q) of the Constitution of the Winnebago Tribe of Nebraska
(amended May 28, 1981). [TCR 86-79]
1-112 Name of Code. This Code shall be known as the Code of the Winnebago Tribe of Nebraska and
may be referred to as “the Code.” [TCR 86-79, 93-62]
1-113 Prior inconsistent ordinances repealed. Any and all ordinances and resolutions of the Tribal
Council which conflict in any way with the provisions of this Code are hereby repealed to the extent of
their inconsistency herewith. [TCR 86-79]
1-114 Amendment of Code. Code parts shall be adopted, amended or repealed by resolution of the
Tribal Council. Each resolution shall be numbered chronologically, the first number to be the final two
numbers of the fiscal year in which the resolution was adopted, and the last numbers to reflect the
resolution’s place in the sequence of numbering of all resolutions adopted in that fiscal year. The number
of the resolution adopting, amending or repealing each Code section shall appear in brackets following
each section. All changes to the Code which are technical and intended to have no substantive effect,
including changes in numbers or names of Code titles, article, sections or subparts thereof shall become
effective when said Code parts are issued to the Tribal Court or to the Tribal commission, committee,
department or program having oversight in the matters treated in such parts of the body of Tribal law.
[TCR 86-79, 93-85]
4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
TITLE 1
ARTICLE 2
ESTABLISHMENT OF COURTS
Judges and other Court Personnel
1-201
1-202
1-203
1-204
Trial Court established.
Court of appeals. Appeal of right.
Tribal Court judges.
Minimum qualifications of Judge of the
Tribal Court.
1-204.1 Change in qualifications.
1-205 Manner of selection of Tribal Judges.
1-206 Term of office.
1-207 Compensation of judges.
1-208 Oath of office.
1-209 Duties and powers of judges.
1-210 Disqualifications of judges.
1-211 Removal of judges.
1-212 Decisions.
1-213 Records.
1-214 Files.
1-215 Motion day.
1-216 Court clerk establishment.
1-217 Clerk as department director.
1-218 Powers and duties.
1-219 Oath of clerks.
1-220 Seal.
1-221 Certification of true copies.
1-222 Clerk to serve Tribal and all other Courts.
1-223 Courts always open.
1-224 Trials and hearing—orders in chambers.
1-225 Clerk’s office and orders of the clerk.
1-226 Notice of orders or judgments.
1-227 Books and records kept by the clerk and
entries therein.
1-228 Stenographic report or transcript as
evidence.
1-229 Judgment docket.
1-230 Execution docket.
1-231 Clerk may collect judgment and costs.
1-232 Clerk to issue writs and orders.
1-233 Clerk to file and preserve papers.
1-234 Each case to be kept separate.
1-235 Endorsements.
1-236 Entry on return of summons.
1-237 Material for record.
1-238 Memorializing record.
1-239 Clerk to keep Court records, books, and
papers, statistical and other information.
1-240 Applicable to all Courts within Tribe’s
jurisdiction.
1-241 Bonds.
1-242 Probation and parole officers.
1-243 Creation of prosecutor’s office.
1-244 Functions of the prosecutor(s).
1-245 Creation of defender’s office.
1-246 Functions of the defender(s).
1-201 Trial Court established.
1.
2.
Pursuant to Article X, Winnebago Constitution and Bylaws (amended May 28, 1981), there is
hereby established the Winnebago Tribal Court, the trial level court for the Winnebago Tribe of
Nebraska.
There is hereby established as part of the Tribal Court, a Juvenile Court division, which may be
referred to as the Tribal Juvenile Court. The Juvenile Court division shall handle all matters as
set forth in the Juvenile Code. [TCR 96-22]
1-202 Court of appeals. Appeal of Right.
1.
2.
Pursuant to Article X, Winnebago Constitution and Bylaws (amended May 28, 1981), there is
hereby established the Winnebago Supreme Court, the appellate court for the Winnebago Tribe of
Nebraska. Appeal to the Winnebago Supreme Court shall be of right.
The Winnebago Supreme Court of Appeals shall be the appellate court for the Winnebago Tribe
of Nebraska, and shall have appellate jurisdiction over all proceedings before the Winnebago
Tribal Court. The Winnebago Supreme Court shall be the highest and final forum for the
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
3.
4.
adjudication or resolution of all matters within the jurisdiction of the Winnebago Tribe of
Nebraska.
Writs and orders. The Winnebago Supreme Court shall have the power to issue any writs or
orders necessary and proper to the complete exercise of its jurisdiction, or to cause a court to act
where such court unlawfully fails to act within its jurisdiction.
The Winnebago Supreme Court shall consist of a Chief Judge, who shall hold the title of Chief
Justice of the Winnebago Supreme Court, and two associate judges, who shall hold the title of
Associate Justice of the Winnebago Supreme Court. Any two justices shall constitute a quorum.
Winnebago Supreme Court Justices shall meet the minimum qualifications established for Tribal
Court judges under Section 1-204 of this Code. Additionally, Justices of the Winnebago Supreme
Court shall be governed by the following rules:
a.
The trial judge hearing the case at bar shall not sit on the Winnebago Supreme Court.
b.
No person shall be qualified to sit on the Winnebago Supreme Court in any case wherein
he/she has direct interest or wherein any relative by marriage or blood, within the first
three degrees, is a party or has direct pecuniary interest.
c.
In any case wherein a judge of the Winnebago Supreme Court is unable to hear a case,
due to conflict of interest, illness or other reason, the Tribal Council shall appoint a Judge
Pro-Tempore who meets the minimum qualifications established for Tribal Court judges
under Section 1.204 of this Code. [TCR 96-22]
1-203 Tribal Court judges. The Tribal Court shall consist of the Chief Judge, and such Tribal
associate judges, special judges and magistrates as may be appointed according to Tribal law. [TCR
93-85, 96-22]
1-204 Minimum qualifications of Judge of the Tribal Court. A judge shall be either:
1.
2.
C.
An attorney, or
An Indian graduate of an American Bar Association approved law school, and
a.
Have demonstrated moral integrity and fairness in his/her business, public and private
life.
b.
Have never been convicted of a felony, whether or not actually imprisoned, and have not
been convicted of any offense, except traffic offenses, for a period of two years preceding
his/her appointment. The two-year period shall begin to run from the date the person was
unconditionally released from supervision of any sort as a result of a conviction.
c.
Have regularly abstained from the excessive use of alcohol and any use whatsoever of
illegal drugs or psychotoxic chemical solvents.
d.
Be not less than 25 years of age.
e.
Not be a member of the Tribal Council, or the holder of any other elected Tribal office of
this Tribe, provided that a candidate who is a member of the Tribal Council, or the holder
of some other elective Tribal office, may be confirmed as a judge subject to his/her
resignation. Upon resignation from his/her office, he/she may be sworn in as and assume
the duties of judicial office.
Repealed. [TCR 96-22]
1-204.1 Change in qualifications. A change in qualifications for any particular judge position shall
be applied to any Tribal Judge in office at the time the change in qualifications becomes effective, but
shall not apply to that judge as to any other person after the expiration of such judge’s term. [TCR 86-79,
93-85]
1-205 Manner of selection of Tribal Judges. Judges shall be appointed by the Tribal Council in the
following manner:
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1.
2.
3.
4.
5.
Within ten days after a vacancy occurs, the Tribal personnel department shall cause a notice of
the vacancy stating minimum qualifications, salary, and any other pertinent information to be
published once in the Tribal newspaper and once each week for two consecutive weeks in a
newspaper of general circulation in the Tribal jurisdiction. Copies shall be posted at the Tribal
office, the nearest agency of the Bureau of Indian Affairs, the Winnebago Housing Authority
office, and such other places as the Tribal Council shall direct. The notice shall direct that
inquiries, nominations and applications be directed to the Winnebago Tribal personnel
department who shall keep a permanent record of responses to such notices. The personnel
department shall then interview and nominate the individuals who they feel are best qualified.
The Tribal Council shall then review the qualifications of the nominees and any other person
meeting qualifications it wishes to consider. The Tribal Council shall then appoint the individual
deemed best qualified.
If the nominee for judicial office is confirmed by the Tribal Council, the nominee shall be sworn
into office by the Chief Justice, or the next ranking available justice of the Winnebago Supreme
Court. The Chief Justice of the Winnebago Supreme Court shall be sworn in by the Chairman of
the Winnebago Tribal Council.
If no person is confirmed, the Tribal Human Resources Department shall either republish the
notice and establish a new list of eligible candidates, or will forward for reconsideration to the
Tribal Council the candidates on the list gathered from the previous notice. The process shall
then be repeated.
Upon the expiration of a judicial term of office, the judicial officer is entitled, upon request filed
with the secretary of the Tribal Council not less than sixty days prior to the expiration of his/her
term, to be considered for confirmation to a new term at the next meeting of the Tribal Council at
which a quorum is present. If the Tribal Council, a quorum being present, does not confirm the
outgoing officer, they shall so declare and direct the Tribal personnel office to begin the selection
process. The outgoing judicial officer’s term shall expire upon the date the Tribal Council deems
the position vacant. [TCR 96-22]
1-206 Term of office.
1.
2.
The Chief Judge of the Winnebago Supreme Court shall serve a six year term of office beginning
from the date of his/her confirmation and until his/her successor takes office, unless removed for
a cause, or by death or resignation.
The associate judge of the Winnebago Tribal Court System shall serve a two year term of office
beginning from the date of his/her confirmation and until his/her successor takes office, unless
removed for cause or by death or resignation. [TCR 96-22]
1-207 Compensation of judges. The compensation of Tribal judges, including the Chief Judge and
associate judges, shall be set by the Tribal Council at the time of their appointment. No judge’s salary
shall be reduced by the Tribal Council during his/her term in office except as provided in Article X,
Section 1, Winnebago Constitution and Bylaws (amended May 28, 1981). [TCR 86-79, 96-22]
1-208 Oath of Office. Before assuming office, each judge, associate judge, special judge and
magistrate shall take an oath to support and protect the Constitution of the Tribe and to administer justice
in all causes coming before him/her with integrity and fairness, without regard to the persons before
him/her, to be administered by the Chief Justice or the next ranking available justice of the Winnebago
Supreme Court as soon after confirmation as may be practical, or by the Chairman of the Tribal Council.
[TCR 96-22]
3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1-209 Duties and powers of judges. All judges of the Tribal Court, and special judges in cases within
their authority, 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 Court. In
doing so the Court shall:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Be responsible for creating and maintaining rules of the Court, not in conflict with the Tribal
Code or rules of the Tribal Court regulating conduct in the Tribal Court, for the orderly and
efficient administration of justice. Such rules must be filed in the office of the Tribal secretary
and the Tribal Court clerk before becoming effective.
Hold Court regularly at a designated time and place.
Have the power to administer oaths, conduct hearings, and otherwise undertake all duties and
exercise all authority of a judicial officer under the law.
Hear and decide all cases properly brought before the Court.
Enter all appropriate orders and judgments.
Issue all appropriate warrants and subpoenas.
Keep all Court and other records as may be required.
Perform the duties of the clerk in his/her absence.
Subject to the confirmation of the Tribal Council, appoint such magistrates as may be necessary
for the convenient functioning of the Court. These magistrates shall have the authority to issue
arrest and search warrants for the protection of children, emergency custody orders in children’s
cases, temporary commitments of persons accused of offenses, to conduct arraignments in
criminal or juvenile delinquency cases, and to act on such ex parte, summary or other matters as
may be determined by rule of the Tribal Court. Magistrates shall meet the minimum
qualifications for the judges of the Tribal Court.
Unless a coroner is appointed in accordance with the provisions of the Tribal Code, any judge
designated by the Chief Judge shall have the authority to perform duties of the coroner. [TCR
96-22]
1-210 Disqualifications of judges.
1.
2.
3.
No judge shall hear any cases when he/she has a direct financial, personal, or other interest in the
outcome of such cases or is related by blood or marriage to one or both of the parties as:
husband; wife; son; daughter; mother; father; brother; sister; grandmother; grandfather; or any
other legal dependent. A judge should attempt to prevent even the appearance of partiality or
impropriety.
Either party of interest in such case or the judge may raise the question of conflict of interest.
Upon decision by the judge concerned, or the Chief Judge or highest ranking judge, that
disqualification is appropriate, another judge shall be assigned to hear that matter before the
Court.
Any judge otherwise disqualified because he/she is related to one or more of the parties in one of
the relationships enumerated in subsection (1) of this Section, may hear a case if all parties are
informed of the blood or marriage relationship on the record in open Court and of their right to
have a different judge hear the case, and consent to further action by that judge in the case in open
Court upon the record, or in writing filed in the record, in spite of the conflict in interest. [TCR
96-22]
1-211 Removal of judges. Pursuant to Article X of the Constitution and Bylaws of the Winnebago
Tribe of Nebraska as amended May 28, 1981, a judge may be removed for just cause by a petition of forty
(40) percent of the voters, voting in the last Tribal election, filed with the Bureau of Indian Affairs
superintendent, who shall call an election for removal. The removal vote must be by a majority of those
voting. Before the removal election is called, the judge will be provided a hearing to answer any charges.
4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
The term “cause” shall include any reason sufficient for disbarment of an attorney from the bar of the
Tribal Court or state Court or a violation of the Canons of Judicial Ethic promulgated by the American
Bar Association. [TCR 96-22]
1-212 Decisions.
1.
2
Each decision of a Court within the Winnebago Tribal Court System at a trial shall be recorded
on a form approved by the Tribal Court for such purpose, or embody in writing, findings of fact
or conclusions of law containing all the information required by the approved form. The form
shall provide for recording the date of the decision, the case number, the names of all parties, the
substance of the complaint, the relevant facts found by the Court to be true, the Court’s decision,
and the conclusion of law supporting the Court’s decision.
The decision form or the written findings of fact and conclusions of law shall be placed in the
case file as an official document of the case. [TCR 96-22]
1-213 Records. The Courts of the Winnebago Tribal Court System shall be Courts of record. To
preserve such records:
1.
2.
3.
4.
5.
6.
In all Court proceedings, the Court reporter, which may be the clerk in the absence of an official
Court reporter, shall record proceedings of the Court by electronic or stenographic means. The
recording shall be identified by case number and kept for five years for use in appeals or
collateral proceedings in which events of the hearing are in issue. At the close of each hearing, or
as otherwise specified, the reporter shall cause a transcript to be made of the recording upon
request of any party or the Court as a permanent part of the case record. Court reporters may be
licensed by the Tribal Court, and shall be allowed such fees from the parties for their services as
shall be set by rule of the Tribal Court.
To preserve the integrity of the electronic record, the reporter shall store the recording in a safe
place and release it only to the relevant Court or pursuant to an order of a Tribal judge or justice.
The clerk shall keep a file bearing the case name and number and every written document filed in
the case.
All Court records shall be public records except as otherwise provided by law.
After five years, Court records except judgments, appearance, and other dockets may be
reproduced on computer tape or disk, microfilm or microfiche or similar space saving record
keeping methods, provided that at least one hard copy including microfilm or microfiche, of
electronically stored data shall be kept at all times.
The Winnebago Tribal Court System shall provide for publication in books or similar reporters all
of its decisions and opinions in cases before it, which would be useful to the bar of Court and the
public. [TCR 96-22]
1-214 Files.
1.
2.
3.
Except as otherwise provided by law, such as in juvenile cases, Court files on a particular case are
generally open to the public. Any person may inspect the records of a case and obtain copies of
documents contained therein during normal business hours.
Any person desiring to inspect the records of a case or obtain copies thereof may inspect such
files only during the ordinary working hours of the clerk, or judge, and in their presence to insure
the integrity of Court records. Under no circumstances shall anyone, except a judge or a licensed
advocate, attorney or the clerk taking a file to the judge in his/her chambers or a Courtroom, take
a file from the clerk’s office.
A copy of any document contained in such a file may be obtained from the clerk by any person
for a reasonable copy fee, to be set by the rule of the Tribal Court. The clerk is hereby authorized
5
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
to certify under the seal of his/her office that such copies are accurate reproductions of those
documents on file in his/her office. The Tribal Court by rule may provide for such certification.
[TCR 96-22]
1-215 Motion day. Unless conditions make it impractical, the Winnebago Tribal Court System shall
establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at
which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or
place, and on such notice, if any, as he/she considers reasonable, may make orders for the advancement,
conduct, and hearing of actions, or, the Court may make provision by rule or order for the submission and
determination of motions without oral hearing upon brief written statements of reasons in support and
opposition. [TCR 96-22]
1-216 Court clerk establishment. There is hereby established a Court clerk’s office to be administered
by one (1) Court clerk and such deputy Court clerks as may be necessary. The Court clerk shall be
approved by the Chief Judge and deputy Court clerks shall be approved by the Court clerk.
1-217 Clerk as department director. The chief Court clerk is a supervisory administrative position of
the judicial branch of the government of the Tribe with the same rank as department director. The chief
Court clerk shall serve as the Court administrator and shall be charged in the preparation of Court
budgets, the acquisition of necessary supplies, the maintenance and upkeep of the Court’s law library, the
custody, upkeep and maintenance of the records, papers, effects, and property of the Court and such other
matters as shall be assigned to the chief Court clerk by law or Court rule. [TCR 86-79]
1-218 Powers and duties. The Court clerk shall have the following powers and duties:
1.
2.
3.
4.
5.
6.
7.
8.
9.
To undertake all duties and functions otherwise authorized by law, or necessary and proper to
exercise of a duty or function authorized by law.
Subject to the approval of the Winnebago Supreme Court, to supervise and direct the hiring,
firing and work of all deputy Court clerks and other employees in his/her office.
To collect all fines, fees, and costs authorized or required by law to be paid to the Courts, to
receipt therefore and to deliver them to deposit in the Court fund.
To accept, when ordered by the Court, monies for the payment of civil judgments and to pay
same by check to the party entitled to them. For the purpose of taking such action, the clerk is
authorized to maintain a bank checking account subject to the oversight of the Tribal Court and to
deposit and withdraw funds therefrom. This account shall be audited at least once each year by
the Tribal Finance Department or an independent certified public accountant, and the clerk shall
give a fidelity or performance bond to guarantee the funds deposited therein in such amount as
the Tribal Court shall direct.
To administer oaths, issue summons and subpoenas, certify a true copy of Court records, and to
accurately keep each and every record of the Winnebago Tribal Court System.
To provide a record in the absence of a Court reporter to accurately and completely record all
proceedings and hearings of the Courts. If a Court reporter is available, the Court reporter shall
have the authority to administer oaths and undertake such other Court functions as shall be
provided by law or Court rule.
To provide stenographic and clerical services to the Court and prosecuting attorney when
requested.
To act as a librarian, and to keep and maintain the Court’s law library.
To undertake all duties assigned or delegated to the clerk’s office by Tribal law or Court rule.
[TCR 96-22]
6
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1-219 Oath of clerks.
1.
Every clerk shall take the following oath upon assuming office:
2.
I, ______________________having been appointed clerk of the Winnebago Tribal
Court System, do solemnly affirm that I will truly, faithfully, honestly, and
impartially discharge all of the duties of my office to the best of my ability and
understanding.
Such oaths shall be administered by a judge of the Winnebago Supreme Court. [TCR 96-22]
1-220 Seal. The Court clerk is authorized to have and use a seal which shall be circular in form and
contain the words, “Official Seal” or the official Tribal emblem in its center. The seal shall be impressed
upon all warrants, subpoenas, summons, certified copies of records, judgments, orders, decrees, and
similar documents, as evidence of their authenticity. [TCR 86-79]
1-221 Certification of true copies. The Court clerk is authorized to certify that a copy of any record in
his/her office is a true, accurate copy of the record on file by signed, stamp or writing placed on such
copy, sealed with the seal of the Court clerk’s office and in substantially the following form:
CERTIFICATE OF TRUE COPY
I hereby certify that the above and foregoing instrument is a true, accurate and exact copy
of the original of same as it remains of record on file in my office.
Clerk of Court ______________________________
Date ______________________________________
Certified copies of records shall be admissible as evidence without further authentication in all judicial
and administrative proceedings of this Tribe. [TCR 86-79]
1-222 Clerk to serve Tribal and all other Courts. Until such time as the Winnebago Supreme Court
determines that separate clerks are necessary to efficiently administer the business of the Courts and
funding is available, the Court clerk shall serve as clerk of the Tribal Courts as well as clerk for all other
Courts under the Winnebago Tribe’s jurisdiction. [TCR 86-79, 96-22]
1-223 Courts always open.
1-224 Trials and hearings—orders in chambers. All trials upon the merits, except as specifically
provided by law and in children’s cases, shall be conducted in open Court insofar as convenient in a
regular Courtroom. All other acts or proceedings may be done or conducted by a judge in chambers,
without the attendance of the clerk or to his/her Court officials and in any place either within or without
the Tribal jurisdiction; but no hearing, other than ex parte, shall be conducted outside the Tribal
jurisdiction without consent of all parties affected thereby, except when determined by the Court to be
necessary or expedient in children’s cases arising under the Indian Child Welfare Act of 1978, or when
the Tribe has entered into agreement with another government for the sharing of judicial officers and
Courtroom space in which case the Court may sit in any place authorized by such agreement. [TCR
86-79]
7
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1-225 Clerk’s office and orders of the clerk. The clerk’s office with the clerk or deputy in attendance
shall be open during business hours on all days except Saturdays, Sundays and legal holidays, but the
Court may provide by rule or order that its clerk’s office shall be open for specified hours on Saturdays or
particular legal holidays other than New Year’s Day, Washington’s Birthday, Memorial Day,
Independence Day, Thanksgiving, and Christmas. All motions and applications in the clerk’s office for
issuing mesne process, for issuing final process, to enforce and execute judgments, for entering defaults
or judgments by default, and for other proceedings which do not require allowance or order of the Court
are grantable of course by the clerk, unless the Civil Procedure Act requires previous approval by the
Court, but his/her action may be suspended or altered or rescinded by the Court upon cause shown.
1-226 Notice of orders or judgments. Immediately upon the entry of an order or judgment, the clerk
shall serve a notice of the entry by mail upon each party or their attorney who is not in default for failure
to appear, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all
purposes for which notice of the entry of an order is required by law, but any party may in addition serve
a notice of such entry in the manner provided in the Winnebago Rules of Civil Procedure for the service
of papers. Lack of notice of the entry by the clerk does not affect the time allowed, except as permitted in
the Winnebago Rules of Civil Procedure. [TCR 86-79]
1-227 Books and records kept by the clerk and entries therein.
1.
2.
3.
The clerk shall keep a book known as the “Civil Docket” of such form and style as may be
prescribed by the judges of the Tribal Court, and shall enter therein each civil action. Actions
shall be assigned consecutive file numbers. The file number of each action shall be noted on the
folio of the docket whereupon the first entry of the action is made. All papers filed with the clerk,
all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall
be entered chronologically in the civil docket on the folio assigned to the action and shall be
marked with its file number. These entries shall be brief but shall show the nature of each paper
filed or writ issued and the substance of each order or judgment of the Court and of the returns
showing execution of process. The entry of an order or judgment shall show the date the entry is
made. When in an action trial by jury has been properly demanded or ordered, the clerk shall
enter the word “jury” on the folio assigned to that action.
In like fashion, the clerk shall keep suitable dockets, indices, calendars, and judgment records for
the criminal, juvenile and small claims dockets of the Tribal Court and the appeals and original
action docket of the Winnebago Supreme Court.
The clerk shall also keep such other books and records as may be required from time to time by
the law or Tribal Court. [TCR 96-22]
1-228 Stenographic report or transcript as evidence.
1.
2.
Whenever the testimony of a witness at a trial or hearing which was stenographically reported is
admissible in evidence at a later trial, it may be proved by the transcript thereof maintained in the
custody of the Court clerk with the records of the trial, or by some other person duly authorized to
administer oaths, who has prepared or caused to be prepared under his/her direction a transcript of
the recording.
Whenever the testimony of a witness at a trial or hearing which was electronically taped is
admissible in evidence at a later trial, it may be proved by the tape recording thereof maintained
in the custody of the Court clerk with the records of the trial, or by some other person duly
authorized to administer oaths, who has prepared or caused to be prepared under his/her direction
a transcript of the recording. [TCR 86-79]
8
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1-229 Judgment docket. The judgment docket shall be kept in the form of an index in which the name
of each person against whom judgment is rendered shall appear in alphabetical order, and it shall be the
duty of the clerk immediately after the rendition of a judgment to enter on said judgment docket a
statement containing the names of the parties, the amount and nature of the judgment and costs, and date
of its rendition, and the date on which said judgment is entered on said judgment docket; and if the
judgment be rendered against several persons, the entry shall be repeated under the name of each person
against whom the judgment is rendered in alphabetical order. [TCR 86-79]
1-230 Execution docket. In the execution docket, the clerk shall enter all executions as they are issued.
The entry shall contain the names of the parties, the date and amount of the judgment and costs, and the
date of the execution. The clerk shall also record in full the return of the captain of law enforcement
officers to each execution, and such record shall be evidence of such return, if the original be mislaid or
lost.
1-231 Clerk may collect judgment and costs. Where there is no execution outstanding, the clerk of
the Court may receive the amount of the judgment and costs, and receipt therefore, with the same effect as
if the same had been paid to the captain of the law enforcement as an execution, and the clerk shall be
liable to be amerced in the same manner and amount as the captain of the law enforcement officers for
refusing to pay the same to the party entitled thereto, when requested, and shall also be liable on his/her
official bond. [TCR 86-79]
1-232 Clerk to issue writs and orders. All writs and orders for provisional remedies, and process of
every kind shall be prepared by the party or his/her attorney who is seeking the issuance of such writ,
order, or process and shall be issued by the clerk. Except for summons and subpoenas, the clerk shall not
issue any such writ, order or process except upon order or allowance of the Court unless specific
authorizations for his/her issuing such document is found in the Tribal Code. [TCR 86-79]
1-233 Clerk to file and preserve papers. It is the duty of the clerk to file together and carefully
preserve in his/her office, all papers delivered to him/her for that purpose in every action or proceeding.
[TCR 86-79]
1-234 Each case to be kept separate. The papers in each case shall be kept in a separate file marked
with the title number of each case. [TCR 86-79]
1-235 Endorsements. The clerk shall endorse upon every paper filed with him/her, the day of filing it;
upon every order for a provisional remedy, and upon every undertaking given under the same, the day of
its return to his/her office. [TCR 86-79]
1-236 Entry on return of summons. The clerk shall, upon the return of every summons, enter upon
the appearance docket whether or not service has been made; and if the summons has been served, the
name of the defendant summoned and the day and manner of the service upon each one. The entry shall
be evidence in case of the loss of summons.
1-237 Material for record. The record shall be made up from the complaint, the process, return, the
pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of
the Court, but if the items of an account, or the copies of papers attached to the pleadings, are
voluminous, the Court may order the record to be made by abbreviating the same, or inserting a pertinent
description thereof, or by omitting them entirely. Evidence must not be recorded in the file or appearance
docket, provided that the transcript of testimony may be appended to the record when paid for by a party
for purpose of appeal. [TCR 86-79]
9
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
1-238 Memorializing record. It is the duty of the Court to write out, sign and record its orders,
judgments, and decrees within a reasonable time after their rendition. To aid in the performance of this
duty, the Court may direct counsel or the Court clerk to prepare the written memorialization for its
signature and, after it is signed, to file it in the case record, or the Court may direct the clerk to prepare the
written memorialization dictated by the Court and sign and file the same on the Court’s behalf. [TCR
86-79]
1-239 Clerk to keep Court records, books and papers, statistical and other information.
1.
The clerk shall keep the records, books and papers pertaining to the Court and record its
proceedings, and exercise the powers and perform the duties imposed upon him/her by the Tribal
statute, order of the Court, or Court rule. The clerk is directed to furnish annually, or at such
times as shall be requested, without cost to the Tribal Court and to the Tribal Council, such
statistical and other information as the Tribal Council may require, including, but without being
limited to, the number and classification of cases:
a.
Filed with Court.
b.
Disposed of by Court, and the manner of such disposition.
c.
The number of cases pending before Court. [TCR 86-79]
1-240 Applicable to all Courts within Tribe’s jurisdiction. The provisions of this Title shall apply to
the clerk of the Tribal Court and all other Courts within the Tribe’s jurisdiction. [TCR 86-79]
1-241 Bonds. The Court clerk and each deputy clerk shall be bonded by a fidelity bond to guarantee the
proper performance of his/her duties and his/her fidelity in handling of the money and other property
coming into his/her hands in the performance of his/her duties. The amount of such bond shall be set by
the Tribal Council and the cost thereof shall be paid from Tribal funds. [TCR 86-79]
1-242 Probation and parole officers.
1.
2.
3.
The Court shall have one or more persons to be probation or parole officers. The qualifications,
terms of employment and compensation of such officers shall be determined by the personnel
department.
Probation and parole officers, subject to the supervision of the Chief Judge, shall have the
responsibility of assuring the faithful performance of the probation or parole agreements by
persons subject thereto, counseling such persons and their families, preparing presentence or
other reports as requested by a Tribal judge, and doing such other things as may be directed by a
Tribal judge or otherwise required by law.
A probation and parole officer shall have the authority of a police officer to make arrest for
violation of probation or parole agreements. [TCR 86-79]
1-243 Creation of prosecutor’s office. There is hereby created an office which shall be known as the
prosecutor’s office. The officers shall be known as prosecutors and shall be officers of the Winnebago
Tribal Court System. [TCR 96-22]
1-244 Functions of the prosecutor(s).
1.
2.
The prosecutor(s) is charged with the responsibility of seeing that justice is administered within
the Tribe’s jurisdiction.
It is the duty of the prosecutor(s) to know and be guided by the standards of professional conduct
as defined in the Codes and canons of the legal profession.
10
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 2
3.
It is the duty of the prosecutor to do such other duties which shall be required in this Code and
which shall be required to carry out the efficient operation of the Tribal Court. [TCR 86-79]
1-245 Creation of defender’s office. There is hereby created an office which shall be known as the
defender’s office. The officers shall be officers of the Winnebago Tribal Court System. [TCR 96-22]
1-246 Functions of the defender(s).
1.
2.
3.
The basic duty the lawyer acting as defender owes to the administration of justice is to serve the
public as counselor and advocate with courage, devotion and to the utmost of his/her learning and
ability and according to law.
It is the duty of every defender to know the standards of professional conduct as defined in Codes
and canons of the legal profession.
It is the duty of the defender to do such other duties which shall be required in this Code and
which shall be required to carry out the efficient operation of the Winnebago Tribal Court
System. [TCR 96-22]
11
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
TITLE 1
ARTICLE 3
WINNEBAGO SUPREME COURT
RULES OF APPELLATE PROCEDURE
APPLICABILITY OF RULES
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
Rule 6
Rule 7
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Rule 1
a.
b.
c.
Scope of rules.
Suspension of rules.
Appeal as of right—how taken.
Appeal as of right—when taken.
Reserved for provisions relating to
interlocutory appeals in civil actions.
Reserved for provisions relating to
interlocutory appeals in criminal actions.
Bond for costs on appeal in civil cases.
Stay or injunction pending appeal.
Release in criminal cases.
The record on appeal.
Transmission of record.
Docketing the appeal; filing the record.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Writs.
Habeas corpus proceedings.
Custody of prisoners in habeas corpus
proceedings.
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31
Rule 32
Rule 33
Rule 34
Rule 35
Rule 36
Rule 37
Rule 38
Rule 39
Rule 40
Rule 41
Rule 42
Rule 43
Rule 44
Proceedings in forma pauperis.
Filing and service.
Computation and extension of time.
Motion.
Briefs.
Brief of an amicus curiae.
Appendix to the briefs.
Filing and service of briefs.
Form of briefs, the appendix, and
other papers.
Prehearing conference.
Oral argument.
Determination of causes by the
court en banc.
Entry of judgment.
Interest on judgments.
Damages for delay.
Costs.
Petition for rehearing.
Issuance of mandate.
Voluntary dismissal
Substitution of parties.
Cases involving constitutional or
Indian civil rights act question where
the Winnebago Tribe is not a party.
SCOPE OF RULES.
Scope. These rules govern procedure in appeals to the Winnebago Supreme Court from the
Winnebago Tribal Court or the Winnebago Juvenile Court; and in applications for writs or other
relief which the Winnebago Supreme Court or a judge thereof is competent to give. When these
rules provide for the making of a motion or application in the Winnebago Tribal Court or the
Winnebago Juvenile Court, the procedure for making such motion or application shall be in
accordance with the practice of those respective courts.
“Tribal Court” defined. Unless otherwise specifically stated, the term “Tribal Court” as used in
these Rules shall be deemed to refer to both the Winnebago Tribal Court and Winnebago Juvenile
Court.
Jurisdiction not affected. These Rules shall not be construed to extend or limit the jurisdiction of
the Winnebago Supreme Court as established by the laws of the Winnebago Tribe of Nebraska;
and all provisions of these Rules shall be subject to the Constitution, the Law and Order Code,
and Ordinances of the Winnebago Tribe of Nebraska.
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
Rule 2 SUSPENSION OF RULES. In the interest of expediting decision(s), the furtherance of the
administration of justice, or for other good cause shown, the Winnebago Supreme Court may, except as
provided in Rule 26(b), suspend the requirements or provisions of any of these Rules in a particular case
on application of a party or on its own motion, and may order proceedings in accordance with its
direction.
PART II
APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL COURT
Rule 3
a.
b.
c.
d.
e.
APPEAL AS OF RIGHT—HOW TAKEN.
Filing the notice of appeal. An appeal permitted by the laws of the Tribe as of right from the
Tribal Court to the Winnebago Supreme Court shall be taken by filing a notice of appeal with the
clerk of the Tribal Court within the time allowed by Rule 4, or by the statute applicable in the
specific case. Failure of an appellant to take any step other than the timely filing of a notice of
appeal does not affect the validity of the appeal, but is ground only for such action as the
Winnebago Supreme Court deems appropriate, which may include dismissal of the appeal.
Joint or consolidated appeals. If two or more persons are entitled to appeal from a judgment or
order of the Tribal Court, and their interests are such as to make joinder practicable, they may file
a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and
they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by
order of the Winnebago Supreme Court upon its own motion or upon motion of a party, or by
stipulation of the parties to the several appeals.
Content of the notice of appeal. The notice of appeal shall specify the parties to the appeal, shall
designate the order, commitment, or judgment appealed from, whether the appeal is from the
Winnebago Tribal Court or the Winnebago Juvenile Court, and a short statement of the reasons or
grounds for the appeal. An appeal shall not be dismissed for informality of form or title of the
notice of appeal.
Service of the notice of appeal. The clerk of the Tribal Court shall serve notice of the filing of a
notice of appeal by mailing a copy thereof (which copy shall be provided by the appealing party)
to counsel of record of each party other than the appellant, and to the party at his/her last known
address; and shall forthwith certify and deliver to the clerk of the Supreme Court for filing the
notice of appeal, who shall enter such filing upon the docket of the Supreme Court. When an
appeal is taken by a defendant in a criminal case, the clerk shall also serve a copy of the notice of
appeal upon him/her, either by personal service or by mail addressed to him/her. The clerk shall
note on each copy served the date on which the notice of appeal was filed. Failure of the clerk to
serve notice shall not affect the validity of the appeal. Service shall be sufficient notwithstanding
the death of a party or his/her counsel. The clerk shall note in the docket the names of the parties
to whom he/she mails copies with the date of mailing.
Payment of fees. Upon the filing of any separate or joint notice of appeal from the Tribal Court,
the appellant shall pay to the clerk of the Tribal Court, for deposit in the Court Fund, a filing fee
of twenty dollars ($20.00), except that payment of a filing fee shall not be required for an appeal
by the Winnebago Tribe of Nebraska, its officers, or agents when acting in their official capacity.
If a private party joins in an appeal by the Tribe, Tribal officers, or Tribal agents, the private party
shall pay the required filing fee. The Supreme Court, or a judge or justice thereof, may waive
payment of the filing fee in criminal cases when the defendant, by affidavit or otherwise,
establishes that he/she is without sufficient funds or resources with which to pay the required
fees.
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
Rule 4
a.
b.
APPEAL AS OF RIGHT—WHEN TAKEN.
Appeals in civil cases.
1.
In a civil case in which an appeal is permitted by law as of right from the Tribal Court to
the Winnebago Supreme Court, the notice of appeal required by Rule 3 shall be filed with
the clerk of the Tribal Court within the following time periods after entry of the judgment
or order appealed from if a time certain is not otherwise provided by statute:
i.
From an order or judgment in an action for forcible entry or forcible or unlawful
detainer: Ten (10) days;
ii.
From an order, decree, or judgment of the Tribal Court (except an order, decree,
or judgment which terminates parental right): One (1) month;
iii.
From an order, decree, or judgment of the Tribal Court which terminates parental
rights: Three (3) months;
iv.
From a final order, commitment, or judgment in any civil case not hereinabove
provided for: Twenty (20) days.
2.
Except as provided in (a)(4) of Rule 4, a notice of appeal filed after the announcement of
a decision or order, but before the entry of the judgment or order, shall be treated as filed
after such entry and on the day thereof.
3.
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal
within fourteen (14) days after the date on which the first notice of appeal was filed, or
within the time otherwise prescribed by this Rule 4(a), whichever period last expires.
4.
If a timely motion under the Winnebago Rules of Civil Procedure is filed in the Tribal
Court by any party, the time for appeal for all parties shall run from the entry of the order
denying a new trial or granting or denying any other such motion. A notice of appeal
filed before the disposition of any of the above motions shall have no effect. A new
notice of appeal must be filed within the prescribed time measured from the entry of the
order disposing of the motion as provided above. No additional fees shall be required for
such filing.
5.
The Tribal Court, upon a showing of excusable neglect or good cause, may extend the
time for filing a notice of appeal in a civil action upon motion filed not later than thirty
(30) days after the expiration of the time prescribed by this Rule 4(a). Any such motion
which is filed before expiration of the prescribed time for the filing of notice of appeal
may be ex parte unless the Tribal Court otherwise requires. Notice of any such motion
which is filed after expiration of the prescribed time shall be given to the other parties in
accordance with the Rules of Civil Procedure. No such extension shall exceed thirty (30)
days past such prescribed time or ten (10) days from the date of entry of the order
granting the motion, whichever occurs later.
6.
A judgment or order is entered within the meaning of this Rule 4(a) when it is entered in
compliance with the Winnebago Rules of Civil Procedure.
Appeals in criminal cases. In a criminal case, the notice of appeal by a defendant shall be filed in
the Tribal Court within ten (10) days of the entry of the final judgment or other appealable order
appealed from. A notice of appeal filed after the announcement of a decision, sentence, or order,
but before entry of the judgment or order, shall be treated as filed after such entry and on the day
thereof. If a timely motion for a new trial pursuant to Rule 36 of the Winnebago Rules of
Criminal Procedure on any ground other than newly discovered evidence has been made, an
appeal from a judgment of conviction may be taken within ten (10) days after the entry of an
order denying the motion. A motion for a new trial based on the ground of newly discovered
evidence will similarly extend the time for appeal from a judgment of conviction if the motion is
made before or within ten (10) days after entry of the judgment. When an appeal by the Tribe is
authorized by statute, the notice of appeal shall be filed by the Tribe in the Tribal Court within ten
(10) days after the entry of the judgment or order appealed from unless a different time is
3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
specifically set by the statute authorizing the appeal. A judgment or order is entered within the
meaning of this subdivision when it is entered in the criminal docket pursuant to the Winnebago
Rules of Criminal Procedure. Upon showing of excusable neglect, the Supreme Court may,
before or after the time has expired, with or without motion or notice, extend the time for filing a
notice of appeal for a period not to exceed thirty (30) days from the expiration of the time
otherwise prescribed by this subdivision of these Rules.
Rule 5 RESERVED FOR PROVISIONS RELATING TO INTERLOCUTORY APPEALS IN
CIVIL ACTIONS.
Rule 6 RESERVED FOR PROVISIONS RELATING TO INTERLOCUTORY APPEALS IN
CRIMINAL ACTIONS.
Rule 7 BOND FOR COSTS ON APPEAL IN CIVIL CASES. The Tribal Court may require an
appellant to file a bond or provide other security in such form and amount as it finds necessary to ensure
payment of costs on appeal in a civil case. The provisions of Rule 8(b) apply to a surety upon a bond
given pursuant to this Rule.
Rule 8
a.
b.
c.
STAY OR INJUNCTION PENDING APPEAL.
Procedure. Application for a stay of the judgment or order of the Tribal Court pending appeal, or
for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting
an injunction during the pendency of an appeal must ordinarily be made in the first instance in the
Tribal Court. A motion for such relief may be made to the Winnebago Supreme Court, or to a
judge thereof, but the motion shall show that application to the Tribal Court for the relief sought
is not practicable, or that the Tribal Court has denied an application or has failed to afford relief
which the applicant requested, with the reasons given by the Tribal Court for its action. The
motion shall also show the reasons for the relief requested and the facts relied upon, and if the
facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements
or copies thereof. With the motion shall be filed such parts of the record as are relevant to the
motion. Reasonable notice of the motions shall be given to all parties. The motion shall be filed
with the clerk of the Tribal Court, and normally will be considered by the entire Supreme Court,
but in exceptional cases where such procedure would be impracticable due to the requirements of
time, the application may be made to and considered by a single judge of the Court pending
review by the entire Court. In cases where relief has not been previously requested in the Tribal
Court, the Supreme Court may, if it determines such action to be appropriate under the
circumstances, remand the motion to the Tribal Court for its initial determination.
Bond, proceedings against sureties. Relief available in the Supreme Court under this Rule may
be conditioned upon the filing of a bond or other appropriate security in the Tribal Court. If
security is given in the form of a bond or stipulation or other undertaking with one or more
sureties, each surety submits himself to the jurisdiction of the Tribal Court and irrevocably
appoints the clerk of the Tribal Court as his/her agent upon whom any papers affecting his/her
liability on the bond or undertaking may be served. It is the responsibility of the surety to provide
the clerk of the Tribal Court with his/her proper and current address, and a supply of stamped,
self-addressed envelopes, if he/she wishes copies of any papers served upon the clerk as his/her
agent to be mailed to him/her. His/her liability may be enforced on motion in the Tribal Court
without the necessity of an independent action. The motion and such notice of the motion as the
Tribal Court shall prescribe may be served on the clerk of the Tribal Court who shall forthwith
mail copies to the sureties if their addresses are known.
Criminal cases. Appeal in criminal cases shall be had in accordance with the provisions of Rule
40 of the Winnebago Rules of Criminal Procedure.
4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
Rule 9
a.
b.
c.
RELEASE IN CRIMINAL CASES.
Appeal of order denying release pending appeal. An appeal authorized by law from an order
refusing or imposing conditions of release pending appeal of the underlying judgment of
conviction and sentence shall be determined promptly. Upon entry of an order refusing or
imposing conditions of release pending appeal of the underlying judgment of conviction and
sentence, the Tribal Court shall state in writing the reasons for the action taken. The appeal in
such matters shall be heard without the necessity of briefs after reasonable notice to the appellee
upon such papers, affidavits, and portions of the record as the parties shall present. The Supreme
Court, or a judge thereof pending action by the entire Court, may order the release of the
appellant pending the appeal.
Procedure. Application for release after a judgment of conviction shall be made in the first
instance in the Tribal Court. If the Tribal Court refuses release pending appeals, or imposes
conditions of release, the Court shall state in writing the reasons for the action taken. Thereafter,
if an appeal is pending, a motion for release, or for modification of the conditions of release,
pending review may be made to the Supreme Court or to a designated judge thereof. The motion
shall be determined promptly upon such papers, affidavits, and portions of the record as the
parties shall present and after reasonable notice to the appellee. The Supreme Court or a judge
thereof, pending action by the entire Court, may order the release of the appellant pending
disposition of the motion.
Criteria for release. The decision as to release pending appeal shall be made as follows: The
burden of establishing that the defendant will not flee or pose a danger to any other person or to
the community rests with the defendant.
Rule 10 THE RECORD ON APPEAL.
a.
b.
Composition of the record on appeal. The original papers and exhibits filed in the Tribal Court,
the transcript or tape recording of the proceedings, if any, and a certified copy of the docket
entries prepared by the clerk of the Tribal Court shall constitute the record on appeal in all cases.
Transcript, duty of appellant to order, notice of partial transcript.
1.
Within ten (10) days after filing the notice of appeal, the appellant shall order from the
clerk or reporter a transcript of such parts of the proceedings not already on file as he/she
deems necessary. The order shall be in writing, and within the same period a copy shall
be filed with the clerk of the Tribal Court. If no such parts of the proceedings are to be
ordered, within the same period, the appellant shall file a certificate to that effect.
2.
If the appellant intends to urge on appeal that a finding or conclusion is unsupported by
the evidence or is contrary to the evidence, he/she shall include in the record a transcript
of all evidence relevant to such finding or conclusion.
3.
Unless the entire transcript is to be included, the appellant shall, within the ten (10) days
time provided in (b)(1) of this Rule 10, file a statement of the issues he/she intends to
present on the appeal and shall serve on the appellee a copy of the order or certificate and
of the statement. If the appellee deems a transcript of other parts of the proceedings to be
necessary, he/she shall, within ten (10) days after the service of the order or certificate
and the statement of the appellant, file and serve on the appellant a designation of
additional parts to be included. Unless within ten (10) days after service of such
designation the appellant has ordered such parts, and has so notified the appellee, the
appellee may within the following ten (10) days order the parts or move in the Tribal
Court for an order requiring the appellant to do so.
4.
At the time of ordering, a party must make satisfactory arrangements with the reporter for
payment of the cost of the transcript. If a typewritten transcript is ordered, the clerk or
reporter shall charge a fee of one dollar and fifty cents ($1.50) for each original page, and
5
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
c.
d.
e.
fifty cents ($ .50) for each copy of an original page. If a copy of a tape recording of the
proceedings is ordered, the clerk or reporter shall charge fifteen dollars ($15.00) per each
sixty (60) minute tape copy ordered. All such fees paid on behalf of a clerk or reporter
paid by Tribal monies shall be deposited in the Court Fund, unless specific statutory
authority for other disposition of such monies is provided. All such fees paid on behalf
of an independent reporter appointed or authorized by the Tribal Court to record its
proceedings, but not paid from Tribal funds, shall be paid over to such reporter.
Procedure when no transcript available. If no report of the evidence or proceedings at a hearing
or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the
evidence or proceedings from the best available means, including his/her recollection. The
statement shall be served on the appellee, who may serve objections or propose amendment
thereto within ten (10) days after service. Thereupon, the statement and any objections or
proposed amendments shall be submitted to the Tribal Court for settlement and approval, and as
settled and approved shall be included by the clerk of the Tribal Court in the record on appeal.
Agreed statement as the record on appeal. In lieu of the record on appeal as defined in
subdivision (a) of this Rule, the parties may prepare and sign a statement of the case showing how
the issues presented by the appeal arose and were decided in the trial court and setting forth only
so many of the facts averred and proved or sought to be proved as are essential to a decision of
the issues presented. If the statement conforms to the truth, it, together with such additions as the
Court may consider necessary fully to present the issues raised by the appeal, shall be approved
by the Tribal Court, and shall then be certified to the Supreme Court as the record on appeal and
transmitted to the Supreme Court records.
Correction or modification of the record. If any difference arises as to whether the record truly
discloses what occurred in the Tribal Court, the difference shall be submitted to and settled by the
judge of that Court and the record made to conform to the truth. If anything material to either
party is omitted from the record by error or accident or is misstated therein, the parties by
stipulation, or the Tribal Court, either before or after the record is transmitted to the Supreme
Court on proper suggestion or of its own initiative, may direct that the omission or misstatement
be corrected, and if necessary, that a supplemental record be certified and transmitted. All other
questions as to the form and content of the record shall be presented to the Winnebago Supreme
Court.
Rule 11 TRANSMISSION OF RECORD.
a.
b.
c.
Chief clerk to serve as appellate court clerk. The chief clerk of the Tribal Court shall also serve
as the clerk of the Supreme Court in all cases arising in the Winnebago Tribal Courts.
Transmission and filing of record. In all cases, including juvenile, civil and criminal actions, the
clerk in charge of the papers in that case shall, within five (5) working days after a notice of
appeal is filed, prepare, certify, and deliver to the clerk of the Supreme Court for filing with the
Supreme Court all papers comprising the record of the case appealed except the transcript. Such
compilation shall be indexed with page numbers. All parties to the appeal shall be notified of the
filing of the record with the Supreme Court, and a copy of the index to the record shall be
attached to the notice for the benefit of the parties. Copies of any documents contained in the
record shall be available to the parties at a cost of twenty-five cents ($ .25) per page.
Completion of record. Upon receipt of an order for a transcript or additional tape recording, the
clerk or reporter shall acknowledge at the foot of the order the fact that he/she has received it and
the date on which he/she expects to have the transcript or copy of the tape recording completed
and shall transmit the order, so endorsed, to the clerk of the Supreme Court. If the transcript
cannot be completed within thirty (30) days of receipt of the order, the clerk or reporter shall
request an extension of time from the clerk of the Supreme Court, and the action of the clerk of
the Supreme Court shall be entered on the docket and the parties notified. In the event of the
6
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
d.
failure to file the transcript or complete making copies of the tapes within the time allowed, the
clerk of the Supreme Court shall notify the chief judge of the Supreme Court and take such steps
as may be directed by the chief judge of the Supreme Court. Upon completion of the transcript,
the clerk or reporter shall file it with the clerk of the Tribal Court and shall notify the clerk of the
Supreme Court that he/she has done so.
Transmission of transcript. Upon receipt of the transcript, or notification that requested copies of
tape recordings of the proceedings are completed, or the filing of a statement as provided in Rule
10(c) or (d), the clerk of the Tribal Court shall forthwith notify the parties that the transcript,
tapes, or statement is completed and ready for transmittal to the Winnebago Supreme Court, shall
state in the notice the date upon which the notice was given, and the date the final record will be
delivered to the Winnebago Supreme Court. The parties may receive their copies (if ordered) of
such transcript, tapes, or statement as soon as they become available whether before or after
formal notice of such availability is mailed to the parties. Fifteen (15) days after the mailing of
the notice of completion of the transcript, tapes, or statement, the clerk of the Tribal Court shall
deliver the original thereof to the clerk of the Winnebago Supreme Court for filing. Upon filing
by the clerk of the Supreme Court, the record shall be deemed received and completed for the
purposes of the appeal.
Rule 12 DOCKETING THE APPEAL; FILING THE RECORD.
a.
b.
Docketing the appeal. Upon receipt of the Notice of Appeal and of the docket entries and papers
transmitted by the clerk of the Tribal Court pursuant to Rule 3(d), the clerk of the Supreme Court
shall thereupon enter the appeal on the docket. An appeal shall be docketed under the title given
to the action in the Tribal Court, with the appellant identified as such, but if such title does not
contain the name of the appellant, his/her name, identified as appellant, shall be added to the title.
In Juvenile Court appeals, the docket books shall contain the correct names of the parties,
however, all opinions or other papers of the Court, which may become public information, shall
contain only initials or other similar designations and not the names of the parties.
Upon receipt of the completed record on appeal as provided in Rule 11(d), the clerk of the
Supreme Court shall file it and shall immediately give notice to all parties of the date on which it
was filed.
PART III
RESERVED
Rule 13 RESERVED.
Rule 14 RESERVED.
Rule 15 RESERVED.
7
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
PART IV
RESERVED
Rule 16 RESERVED.
Rule 17 RESERVED.
Rule 18 RESERVED.
Rule 19 RESERVED.
Rule 20 RESERVED.
PART V
EXTRAORDINARY WRITS
Rule 21 WRITS.
a.
b.
c.
d.
Mandamus or prohibition directed to a judge or judges. Application for a writ of mandamus or of
prohibition directed to a judge or judges shall be made by filing a petition therefore with the clerk
of the Supreme Court with proof of service on the respondent judge or judges and on all parties in
interest to the action in the Tribal Court. The petition shall contain a statement of the facts
necessary to an understanding of the issues presented by the application; a statement of the issues
presented and the relief sought; a statement of the reasons why the writ should issue; and copies
of any order or opinion or parts of the record which may be essential to an understanding of the
matters set forth in the petition. The clerk shall docket the petition and submit it to the Court
upon payment of a docketing fee of twenty dollars ($20.00).
Denial or order directing answer. If the Court is of the opinion that the writ should not be granted
in any case on the facts and law stated in the petition, it shall deny the petition. Otherwise, it
shall order that an answer to the petition be filed by the respondents within the time fixed by the
order. The order shall be served by the clerk on the judge or judges, named respondents and on
all other parties to the action in the trial court. All parties below other than the petitioner shall
also be deemed respondents for all purposes. Two or more may answer jointly. If the judge or
judges named respondents who do not desire to appear in the proceeding, they may so advise the
clerk and all parties by letter, but the petition shall not thereby be taken as admitted. The clerk
shall advise the parties of the dates on which briefs are to be filed, if briefs are required, and of
the date of oral argument, if any. The proceedings shall be given preference over ordinary civil
cases. These writs may be used to compel a judge to perform a required action or to refrain from
exceeding his/her jurisdiction, but may not be used to control the judge’s discretionary actions.
Other extraordinary writs. Application for extraordinary writs other than those provided for in
subdivisions (a) and (b) of this Rule shall be made by petition filed with the clerk of the Supreme
Court with proof of service on the parties named as respondents. Proceedings on such
applications shall conform, so far as is practicable, to the procedure prescribed in subdivisions (a)
and (b) of this Rule.
Form of papers, number of copies. All papers may be typewritten. Three (3) copies of the
original shall be filed, but the Court may direct that additional copies be furnished.
8
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
PART VI
HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
Rule 22 HABEAS CORPUS PROCEEDINGS. An application for a writ of habeas corpus shall be
made to the Winnebago Tribal Court. If application is made to the Supreme Court, or a judge or justice
thereof individually, the application will ordinarily be transferred to the Tribal Court for determination.
The Supreme Court, or a judge or justice thereof, will accept original jurisdiction in such matters only
upon a showing of compelling necessity and urgency. If an application is made to or transferred to the
Tribal Court and denied, renewal of the application before the Supreme Court, or a judge or justice
thereof is not favored; the proper remedy is by appeal to the Supreme Court from the order of the Tribal
Court denying the writ.
Rule 23 CUSTODY OF PRISONERS IN HABEAS CORPUS PROCEEDINGS.
a.
b.
c.
d.
Transfer of custody pending review. Pending review of a decision in a habeas corpus proceeding
commenced before a court, justice or judge of the Winnebago Tribe for the release of a prisoner,
a person having custody of the prisoner shall not transfer custody to another unless such transfer
is directed in accordance with the provisions of this Rule. Upon application of a custodian
showing a need therefor, the Court, justice or judge rendering a decision may make an order
authorizing transfer and providing for the substitution of the successor custodian as a party.
Detention or release pending review of decision failing to release. Pending review of a decision
failing or refusing to release a prisoner in such a proceeding, the prisoner may be detained in the
custody from which release is sought, or in other appropriate custody, or may be released upon
his/her recognizance, with or without surety, as may appear fitting to the Court or justice or judge
rendering the decision, or to the Supreme Court en banc.
Detention or release pending review of decision ordering release. Pending review of a decision
ordering the release of a prisoner in such a proceeding, the prisoner shall be released upon his/her
recognizance, with or without surety, unless the Court or justice or judge rendering the decision,
or the Supreme Court shall otherwise order.
Modification of initial order respecting custody. An initial order respecting the custody or release
of the prisoner and any recognizance of surety taken shall govern review in the Supreme Court
unless for special reasons shown to the Supreme Court the order shall be modified, or an
independent order respecting custody, release or surety shall be made.
Rule 24 PROCEEDINGS IN FORMA PAUPERIS.
a.
b.
Leave from Tribal Court to proceed to Supreme Court. A party to an action in the Tribal Court
who desires to proceed on appeal in forma pauperis shall file in the Tribal Court a motion for
leave so to proceed, together with an affidavit showing, in explicit detail, his/her inability to pay
fees and costs or to give security therefor, his/her belief that he/she is entitled to redress, and a
statement of the issues which he/she intends to present on appeal. If the motion is granted, the
party may proceed without further application to the Supreme Court, and without prepayment of
fees or costs in either court or the giving of security therefor. If the motion is denied, the Tribal
Court shall state in writing the reasons for the denial.
Special rule for parties previously granted permission to proceed in forma pauperis.
Notwithstanding the provisions of the preceding paragraph, a party who has been permitted to
proceed in an action in the Tribal Court in forma pauperis, or who has been permitted to proceed
there as one who is financially unable to obtain an adequate defense in a criminal case, or a case
involving the termination of parental rights, may proceed on appeal in forma pauperis without
further authorization unless, before or after the notice of appeal is filed, the Tribal Court shall
certify that the appeal is not taken in good faith or shall find that the party is otherwise not
9
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
c.
entitled so to proceed, in which event the Tribal Court shall state in writing the reasons for such
certification or finding.
Remedy for denial of motion by Tribal Court. If a motion for leave to proceed on appeal in forma
pauperis is denied by the Tribal Court, or if the Tribal Court shall certify that the appeal is not
taken in good faith or shall find that the party is otherwise not entitled to proceed in forma
pauperis, the clerk shall forthwith serve notice of such action. A motion for leave so to proceed
may be filed in the Supreme Court within thirty (30) days after service of notice of the action of
the Tribal Court. The motion shall be accompanied by a copy of the affidavit filed in the Tribal
Court, or by the affidavit prescribed by the first paragraph of this subdivision if no affidavit has
been filed in the Tribal Court, and by a copy of the statement of reasons given by the Tribal Court
for its action.
PART VII
GENERAL PROVISIONS
Rule 25 FILING AND SERVICE.
a.
b.
c.
d.
Filing. Papers required or permitted to be filed in the Supreme Court shall be filed with the clerk.
Filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless
the papers are received by the clerk within the time fixed for filing, except that briefs and
appendices shall be deemed filed on the day of mailing if the most expeditious form of delivery is
by mail, excepting special delivery or overnight mail, is utilized. If a motion requests relief
which may be granted by a single judge, the judge may permit the motion to be filed with
him/her, in which event he/she shall note thereon the date of filing and shall thereafter transmit it
to the clerk.
Service of all papers required. Copies of all papers filed by any party and not required by these
Rules to be served by the clerk shall, at or before the time of filing, be served by a party or person
acting for him/her on all other parties to the appeal or review. Service on a party represented by
counsel or lay advocate shall be made on the counsel or lay advocate.
Manner of service. Service may be personal or by mail. Personal service includes delivery of the
copy to a clerk, secretary, or other responsible person at the office of counsel or lay advocate.
Service by mail is complete upon mailing.
Proof of service. Papers presented for filing shall contain an acknowledgment of service by the
person served or proof of service in the form of a statement of the date and manner of service and
of the name of the person served, certified by the person who made service. Proof of service may
appear on or be affixed to the papers filed. The clerk may permit papers to be filed without
acknowledgment or proof of service, but shall require such to be filed promptly thereafter.
Rule 26 COMPUTATION AND EXTENSION OF TIME.
a.
Computation of time. In computing any period of time prescribed by these Rules, by an order of
court, or by any applicable statute, the day of the act, event, or default from which the designated
period of time begins to run shall not be included. The last day of the period shall be included,
unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the
end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of
time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal
holidays shall be excluded in the computation. As used in this Rule, “legal holiday” includes
New Year’s Day, Tribal Constitution Day, Memorial Day, Independence Day, Friday of
Pow-Wow, Labor Day, Tribal Election Day, Native American Day, Veterans Day, Thanksgiving
Day and Day After (Friday), Christmas Day and any other day appointed as a holiday by the
President or the Congress of the United States or the Tribal Council of the Winnebago Tribe.
10
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
b.
c.
Enlargement of time. The Court, for good cause shown, may upon motion enlarge the time
prescribed by these Rules or by its order for doing any act, or may permit an act to be done after
the expiration of such time; but the Supreme Court may not enlarge the time for filing a notice of
appeal.
Additional time after service by mail. Whenever a party is required or permitted to do an act
within a prescribed period after service of a paper upon him/her and the paper is served by mail,
three (3) days shall be added to the prescribed period.
Rule 27 MOTION
a.
b.
c.
d.
Content, response, reply. Unless another form is elsewhere prescribed by these Rules, an
application for an order or other relief shall be made by filing a motion for such order or relief
with proof of service on all other parties. The motion shall contain or be accompanied by any
matter required by a specific provision of these Rules governing such a motion, shall state with
particularity the grounds on which it is based, and shall set forth the order or relief sought. If a
motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the
motion. Any party may file a response in opposition to a motion other than one for a procedural
order within seven (7) days after service of the motion, but motions authorized by Rules 8, 9, and
41 may be acted upon after reasonable notice, and the Court may shorten or extend the time for
responding to any motion.
Determination of motions for procedural orders. Notwithstanding the provisions of (a) of this
Rule 27 as to motions generally, motions for procedural orders, including any motion under Rule
26(b), may be acted upon at any time, without awaiting a response thereto, and pursuant to rule or
order of the court, motions for specified types of procedural orders may be disposed of by the
clerk. Any party adversely affected by such action may, by application to the Court, request
consideration, vacation or modification of such action.
Power of a single judge to entertain motions. In addition to the authority expressly conferred by
these Rules or by law, a single judge of an appellate court may entertain and may grant or deny
any request for relief which under these Rules may properly be sought by motion, except that a
single judge may not dismiss or otherwise determine an appeal or other proceeding, and except
that an appellate court may provide by order or rule that any motion or class of motions must be
acted upon by the court. The action of a single judge may be reviewed by the court.
Form of papers; number of copies. All papers relating to motions may be typewritten. Three (3)
copies shall be filed with the original, but the court may require that additional copies be
furnished.
Rule 28 BRIEFS.
a.
Brief of the appellant. The brief of the appellant shall contain under appropriate headings and in
the order here indicated:
1.
A table of contents, with page references, and a table of cases (alphabetically arranged),
statutes and other authorities cited, with reference to the pages of the brief where they are
cited.
2.
A statement of the issues presented for review.
3.
A statement of the case. The statement shall first indicate briefly the nature of the case,
the course of proceedings, and its disposition in the court below. There shall follow a
statement of the facts relevant to the issues presented for review, with appropriate
references to the record (see subdivision (e)).
4.
An argument. The argument may be preceded by a summary. The argument shall
contain the contentions of the appellant with respect to the issues presented, and the
11
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
b.
c.
d.
e.
f.
g.
h.
i.
j.
reasons therefor, with citations to the authorities, statutes and parts of the record relied
on.
5.
A short conclusion stating the precise relief sought.
The brief of the appellee shall conform to the requirements of subdivision (a)(1)-(4), except that a
statement of the issues or of the case need not be made unless the appellee is dissatisfied with the
statement of appellant.
Reply brief. The appellant may file a brief in reply to the brief of the appellee, and if the appellee
has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the
issues presented by the cross appeal. No further briefs may be filed except with leave of court.
References in briefs to parties. Counsel will be expected in their briefs and oral arguments to
keep to a minimum references to parties by such designations as “appellant” and “appellee.” It
promotes clarity to use the designations used in the lower court or the actual name of the parties,
or descriptive terms such as “the employee,” “the injured person,” “the taxpayer,” “the car,” etc.
References in briefs to the record. References in the briefs to parts of the record reproduced in
any appendix filed with the brief of the appellant (see Rule 30) shall be to the pages of the
appendix at which those parts appear and to the pages in the original record. If an appendix is
prepared after the briefs are filed, references in the briefs to the record shall be made to the
original record. Intelligible abbreviations may be used. If reference is made to evidence, the
admissibility of which is in controversy, reference shall be made to the pages of the record or of
the transcript at which the evidence was identified, offered, and received or rejected.
Reproduction of statutes, rules, regulations, etc. If determination of the issues presented requires
the study of statutes, rules, regulations, etc. or relevant parts thereof, they shall be reproduced in
the brief or in an addendum at the end, or they may be supplied to the Court in pamphlet form.
Length of briefs. Except by permission of the Court, principal briefs shall not exceed fifty (50)
pages, and reply briefs shall not exceed twenty-five (25) pages, exclusive of pages containing the
table of contents, table of citations and any addendum containing statutes, rules, regulations, etc.
Briefs in cases involving cross appeals. If a cross appeal is filed, the plaintiff in the court below
shall be deemed the appellant for the purposes of this Rule and Rule 31, unless the parties
otherwise agree or the Court otherwise orders. The brief of the appellee shall contain the issues
and argument involved in his/her appeal as well as the answer to the brief of the appellant.
Briefs in cases involving multiple appellants or appellees. In cases involving more than one
appellant or appellee, including cases consolidated for purposes of the appeal, any number of
either may join in a single brief, and any appellant or appellee may adopt by reference any part of
the brief of another. Parties may similarly join in reply briefs.
Citation of supplemental authorities. When pertinent and significant authorities come to the
attention of a party after his/her brief has been filed, or after oral argument but before decision, a
party may promptly advise the clerk of the court, by letter with a copy to all counsel, setting forth
the citations. There shall be a reference either to the page of the brief or to a point argued orally
to which the citations pertain, but the letter shall without argument state the reasons for the
supplemental citations. Any response shall be made promptly and shall be similarly limited.
Rule 29 BRIEF OF AN AMICUS CURIAE. A brief of an amicus curiae may be filed only if
accompanied by written consent of all parties, or by leave of Court granted on motion or at the request of
the Court, except that consent to leave shall not be required when the brief is presented by the Winnebago
Tribe, the United States or an officer or agency thereof, or by a state, territory, commonwealth or Indian
tribe. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify
the interest of the applicant and shall state the reasons why a brief of amicus curiae is desirable. Save us
all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose
position as to affirmance or reversal the amicus brief will support unless the Court for cause shown shall
grant leave for later filing, in which event it shall specify within what period an opposing party may
12
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
answer. A motion of an amicus curiae to participate in the oral argument will be granted only for
extraordinary reasons, or on the Court’s own motion.
Rule 30 APPENDIX TO THE BRIEFS. Whenever the record on appeal, or the transcripts are
particularly voluminous, the Court may order the appellant to prepare, with notice and consultation by the
appellee, an appendix to the briefs which shall contain the papers, documents, and portions of the
transcript necessary to the determination of the issues presented on appeal. The preparation of an
appendix does not prevent further referrals to the original record by any party or the Court. A party may
append pertinent parts of the record to his/her brief when such is necessary for a clear presentation of the
issues raised on appeal.
Rule 31 FILING AND SERVICE OF BRIEFS.
a.
b.
c.
Time for serving and filing briefs. The appellant shall serve and file his/her brief within twenty
(20) days after the date on which the completed record is received and filed in the Supreme Court,
and this motion constitutes leave therefor. The appellee shall serve and file his/her brief within
twenty (20) days after service of the brief of the appellant. The appellant may serve and file a
reply brief within fourteen (14) days after service of the brief of the appellee, but except for good
cause shown, a reply brief must be filed at least three (3) days before argument.
Number of copies to be filed and served. Three (3) copies of each brief shall be filed with the
clerk in addition to the original, unless the Court by order in a particular case shall direct a lesser
or greater number, and two (2) copies shall be served on counsel for each party separately
represented.
Consequence of failure to file briefs. If an appellant fails to file his/her brief within the time
provided by this Rule, or within the time as extended, an appellee may move for dismissal of the
appeal. If an appellee fails to file his/her brief, he/she will not be heard at oral argument except
by permission of the Court.
Rule 32 FORM OF BRIEFS, THE APPENDIX, AND OTHER PAPERS.
a.
Form of briefs and appendices. Briefs and appendices may be produced in standard typographic
printing or by any duplicating or copying process which produces a clear black image on white
paper, including legible photocopies. Carbon copies of briefs and appendices may not be
submitted without permission of the Court, except in behalf of parties allowed to proceed in
forma pauperis. All printed matter must appear in at least 11 point type on opaque, unglazed
paper. Briefs and appendices produced by the standard typographic process shall be bound in
volumes having pages 6 1/8 by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches. Those
produced by any other process shall be bound in volumes having pages not exceeding 8 1/2 by 11
inches and type matter not exceeding 6 1/2 by 9 1/2 inches, with double spacing between each
line of text, except that quoted matter may be single spaced. Copies of the reporter’s transcript
and other papers reproduced in a manner authorized by this Rule may be inserted in the appendix;
such pages may be informally renumbered if necessary.
If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and
the covers to be described are available, the cover of the brief of the appellant should be blue; that
of the appellee, red; that of an intervenor or amicus curiae, green; that of any reply brief, gray.
The cover of the appendix, if separately printed, should be white. The front covers of the briefs
and of appendices shall contain:
1.
The name of the court and the number of the case;
2.
The title of the case (see Rule 12(a));
3.
The nature of the proceedings in the court (e.g., Appeal; Petition for Review) and the
name of the court below;
13
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
4.
5.
b.
The title of the document (e.g. Brief of Appellant, Appendix); and
The names and addresses of counsel representing the party on whose behalf the document
is filed.
Form of other papers. Petitions for rehearing shall be produced in a manner prescribed by
subdivision (a). Motions and other papers may be produced in a like manner, or they may be
typewritten upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines of typewritten text
shall be double spaced. Consecutive sheets shall be attached at the left margin. Carbon copies
may be used for filing and service if they are legible.
A motion or other paper addressed to the Court shall contain a caption setting forth the name of
the court, the title of the case, the file number, and a brief descriptive title indicating the purpose
of the paper.
Rule 33 PREHEARING CONFERENCE. The Court may direct the attorneys for the parties to
appear before the Court or a judge thereof for a prehearing conference to consider the simplification of
the issues and such other matters as may aid in the disposition of the proceeding by the Court. The Court
or judge shall make an order which recites the action taken at the conference and the agreements made by
the parties as to any of the matters considered and which limits the issues to those not disposed of by
admissions or agreements of counsel, and such order when entered controls the subsequent course of the
proceeding, unless modified to prevent manifest injustice.
Rule 34 ORAL ARGUMENT.
a.
b.
c.
d.
e.
f.
In general; local rule. Oral argument shall be allowed in all cases unless the Court, after
examination of the briefs and record, shall be unanimously of the opinion that oral argument is
not needed. In such cases, the Court shall notify the parties of its intention to proceed without
oral argument, and shall provide any party with an opportunity to file a statement setting forth the
reasons why, in his/her opinion, oral argument should be heard. Oral argument will be allowed
upon request unless the Court unanimously determines:
1.
The appeal is frivolous; or
2.
The dispositive issue or set of issues has been recently authoritatively decided; or
3.
The facts and legal arguments are adequately presented in the briefs and record, and the
decisional process would not be significantly aided by oral argument.
Notice of argument; postponement. The clerk shall advise all parties whether oral argument is to
be heard, and if so, of the time and place therefor, and the time to be allowed each side. A
request for postponement of the argument or for allowance of additional time must be made by
motion filed reasonably in advance of the date fixed for hearing.
Order and content of argument. The appellant is entitled to open and conclude the argument.
The opening argument shall include a fair statement of the case. Counsel will not be permitted to
read at length from briefs, records or authorities.
Cross and separate appeals. A cross or separate appeal shall be argued with the initial appeal at a
single argument, unless the Court otherwise directs. If a case involves a cross-appeal, the
plaintiff in the action below shall be deemed the appellant for the purpose of this Rule unless the
parties otherwise agree or the Court otherwise directs. If separate appellants support the same
argument, care should be taken to avoid duplication of argument.
Non-appearance of parties. If the appellee fails to appear to present argument, the Court will hear
argument on behalf of the appellant, if present. If the appellant fails to appear, the Court may
hear argument on behalf of the appellee, if his/her counsel is present. If neither party appears, the
case will be decided on the briefs unless the Court shall otherwise order.
Submission on briefs. By agreement of the parties, a case may be submitted for decision on the
briefs, but the Court may direct that the case be argued.
14
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
g.
Use of physical exhibits at argument; removal. If physical exhibits other than documents are to
be used at the argument, counsel shall arrange to have them placed in the courtroom before the
court convenes on the date of the argument. After the argument, counsel shall cause the exhibits
to be removed from the courtroom unless the court otherwise directs. If exhibits are not
reclaimed by counsel within a reasonable time after notice is given by the clerk, they shall be
destroyed or otherwise disposed of as the clerk shall think best.
Rule 35 DETERMINATION OF CAUSES BY THE COURT EN BANC.
a.
b.
c.
When a hearing or rehearing en banc will be ordered. A majority of the judges of the Court who
are in regular active service may order that any motion or other proceeding be heard or reheard by
the Supreme Court en banc. Such hearing or rehearing is not favored and ordinarily will not be
ordered except (1) when consideration by the full Court is necessary to secure or maintain
uniformity of its decision, or (2) when the proceedings involve a question of exceptional
importance.
Suggestion of a party for hearing or rehearing en banc. A party may suggest the appropriateness
of a hearing or rehearing en banc. No response shall be filed unless the Court shall so order. The
clerk shall transmit any such suggestion to the judges of the Court who are in regular active
service, but a vote need not be taken to determine whether the cause shall be heard or reheard en
banc unless a judge in regular active service or the judge who rendered a decision sought to be
reheard requests a vote on such a suggestion made by a party.
Time for suggestion of a party for hearing or rehearing en banc; suggestion does not stay
mandate. If a party desires to suggest that a motion or proceeding be heard initially en banc, the
suggestion must be made by the date on which the appellee’s brief is filed. A suggestion for
rehearing a motion en banc must be made within ten (10) days after notice of the decision of the
judge initially hearing the motion. The pendency of such a suggestion, whether or not included in
a petition for rehearing, shall not affect the finality of the judgment of the Supreme Court or stay
the issuance of the mandate.
Rule 36 ENTRY OF JUDGMENT. The notation of a judgment in the docket constitutes entry of the
judgment. The clerk shall prepare, sign and enter the judgment following receipt of the opinion of the
court unless the opinion directs settlement of the form of the judgment, in which event the clerk shall
prepare, sign, and enter the judgment following final settlement by the Court. If a judgment is rendered
without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the
court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or
of the judgment if no opinion was written, and notice of the date of entry of the judgment.
Rule 37 INTEREST ON JUDGMENTS. Unless otherwise provided by law, if a judgment for money
in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment
was entered in the Tribal Court. If a judgment is modified or reversed with a direction that a judgment for
money be entered in the Tribal Court, the mandate shall contain instruction with respect to allowance of
interest.
Rule 38 DAMAGES FOR DELAY. If the Supreme Court shall determine that an appeal is frivolous,
it may award just damages and single or double costs to the appellee.
Rule 39 COSTS.
a.
To whom allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be
taxed against the appellant unless otherwise agreed by the parties or ordered by the Court; if a
judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a
15
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
b.
c.
d.
e.
judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered; if a
judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by
the Court.
Costs for or against the Winnebago Tribe. In cases involving the Winnebago Tribe or an agency
or officer thereof, if an award of costs against or for the Winnebago Tribe is authorized by Tribal
statute, costs shall be awarded in accordance with the provisions of subdivision (a); otherwise,
costs shall not be awarded for or against the Winnebago Tribe of Nebraska or its agencies or
officers in their official capacity.
Costs of briefs, appendices, and copies of records. Unless otherwise provided by Tribal statute or
Court rule, the cost of printing, or otherwise producing necessary copies of briefs, appendices,
and copies of records authorized by Rule 30 shall be taxable in the Supreme Court at rates not
higher than those generally charged for such work within the reservation.
Bill of costs; objection; costs inserted in mandate or added later. A party who desires such costs
to be taxed shall state them in an itemized and verified bill of costs which he/she shall file with
the clerk, with proof of service, within fourteen (14) days after the entry of judgment. Objections
to the bill of costs must be filed within ten (10) days of service on the party against whom costs
are to be taxed unless the time is extended by the Court. The clerk shall prepare and certify an
itemized statement of costs taxed in the Supreme Court for insertion in the mandate, but the
issuance of the mandate shall not be delayed for taxation of costs, and if the mandate has been
issued before final determination of costs, the statement, or any amendment thereof, shall be
added to the mandate upon request by the clerk of the Supreme Court to the clerk of the Tribal
Court.
Costs on appeal taxable in the Tribal Court. Costs incurred in preparation and transmission of the
record, the cost of the reporter’s transcript, if necessary for the determination of the appeal, the
premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal,
and the fee for filing the notice of appeal shall be taxed in the Tribal Court as costs of the appeal
in favor of the party entitled to costs under this Rule.
Rule 40 PETITION FOR REHEARING.
a.
Time for filing, content, answer, action by court. A petition for rehearing may be filed within
fourteen (14) days after entry of judgment unless the time is shortened or enlarged by order of the
Court. The petition shall state with particularity the points of law or fact which, in the opinion of
the petitioner, the Court has overlooked or misapprehended and shall contain such argument in
support of the petition as the petitioner desires to present. Oral argument in support of the
petition will not be permitted except upon the Court’s own motion. No answer to a petition for
rehearing will be received unless requested by the Court, but a petition for rehearing will
ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted
the Court may make a final disposition of the case without reargument or may restore it to the
calendar for reargument or resubmission or may make such other orders as are deemed
appropriate under the circumstances of the particular case.
Rule 41 ISSUANCE OF MANDATE. The mandate of the Court shall issue twenty-one (21) days after
the entry of judgment unless the time is shortened or enlarged by order. A certified copy of the judgment
and a copy of the opinion of the Court, if any, and any direction as to costs shall constitute the mandate,
unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay
the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is
denied, the mandate shall issue seven (7) days after entry of the order denying the petition unless the time
is shortened or enlarged by order.
16
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 3
Rule 42 VOLUNTARY DISMISSAL.
a.
b.
Dismissal in the Tribal Court. If an appeal has not been docketed, the appeal may be dismissed
by the Tribal Court upon the filing in that court of a stipulation for dismissal signed by all the
parties, or upon motion and notice by the appellant.
Dismissal in the Supreme Court. If the parties to an appeal or other proceeding shall sign and file
with the clerk of the Supreme Court an agreement that the proceeding be dismissed, specifying
the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the
case dismissed, but no mandate or other process shall issue without an order of the Court. An
appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by
the parties or fixed by the Court.
Rule 43 SUBSTITUTION OF PARTIES.
a.
b.
c.
Death of a party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise
pending in the Supreme Court, the personal representative of the deceased party may be
substituted as a party on motion filed by the representative or by any party with the clerk of the
Court. The motion of a party shall be served upon the representative in accordance with the
provisions of Rule 25. If the deceased party has no representative, any party may suggest the
death on the record and proceedings shall then be had as the Supreme Court may direct. If a party
against whom an appeal may be taken dies after entry of a judgment or order in the Tribal Court
but before the notice of appeal is filed, an appellant may proceed as if death had not occurred.
After the notice of appeal is filed, substitution shall be effected in the Supreme Court in
accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of
appeal, the notice of appeal may be filed by his/her attorney of record within the time prescribed
by these Rules. After the notice of appeal is filed, substitution shall be effected in the Supreme
Court in accordance with this subdivision.
Substitution for other causes. If substitution of a party in the Supreme Court is necessary for any
reason other than death, substitution shall be effected in accordance with the procedure prescribed
in subdivision (a).
Public officer; death or separation from office.
1.
When a public officer is a party to an appeal or other proceeding in the Supreme Court in
his/her official capacity and during its pendency dies, resigns, or otherwise ceases to hold
office, the action does not abate and his/her successor is automatically substituted as a
party. Proceedings following the substitution shall be in the name of the substituted
party, but any misnomer not affecting the substantial rights of the parties shall be
disregarded. An order of substitution may be entered at any time, but the omission to
enter such an order shall not affect the substitution.
2.
When a public officer is a party to an appeal or other proceeding in his/her official
capacity, he/she may be described as a party by his/her official title rather than by name;
but the Court may require that his/her name be added.
Rule 44 CASES INVOLVING CONSTITUTIONAL OR INDIAN CIVIL RIGHTS ACT
QUESTION WHERE THE WINNEBAGO TRIBE IS NOT A PARTY. It shall be the duty of a party
who draws a question of the constitutionality (or unlawfulness under the Indian Civil Rights Act of 1968)
of any statute, ordinance, or other action of the Tribal Council in any proceeding in the Supreme Court to
which the Tribe, or any agency, officer, or employee thereof in their official capacity is not a party, upon
the filing of the record, or as soon thereafter as the question is raised in the Supreme Court, to give
immediate notice in writing to the Court of the existence of said question. The clerk shall thereupon
certify such fact to the Tribal attorney and/or Tribal prosecutor who may intervene upon such question
upon motion.
17
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 4
TITLE 1
ARTICLE 4
COUNSELORS AND PROFESSIONAL ATTORNEYS
1-400
1-401
1-402
1-403
Lay counsel.
Right to be represented by an attorney.
Eligibility for admission.
Procedure for admission.
1-404 Disbarment and discipline.
1-405 Standards of conduct and obligations for
attorneys and lay counsel.
1-406 Oath of attorneys and lay counselors.
1-400 Lay counsel.
1.
2.
3.
4.
5.
Any person appearing as a party in any judicial proceeding before a Court of the Winnebago
Tribe of Nebraska shall have the right to be represented by a lay counsel (not a professional
attorney) and to have such person assist in the preparation and presentation of his/her case.
The Tribe shall have no obligation to provide or pay for such lay counselors, and such obligation
shall rest entirely with the person desiring such a counselor.
Any person appearing as lay counselor shall be subject to the same ethical obligations of honesty
and confidentiality towards his/her client and the Court as would a professional attorney, and the
attorney-client testimonial privilege shall apply in appropriate circumstances.
Lay counselors shall be deemed officers of the Court for purposes of their representation of a
party and shall be subject to the disciplinary authority of the Court in all matters relating to their
representative capacity.
Lay counselors must meet the minimum requirements of the Bar of the Winnebago Tribal Court
as set forth in Section 1-402(2). [TCR 86-79]
1-401 Right to be represented by an attorney. Any person appearing as a party in any civil or
criminal action shall have the right to be represented by a professional attorney or lay counsel of his/her
own choice and at his/her own expense; provided, however that the Tribe has no obligation to provide or
pay for such an attorney; provided further, that any such attorney or counsel appearing before Courts of
the Tribe shall have first obtained admission to practice before such Court in accordance with the
procedures set forth herein. [TCR 86-79]
1-402 Eligibility for admission.
1.
2.
Any attorney who is an active member in good standing of any State bar or Bar of the District of
Columbia is eligible for admission to practice before the Courts of the Winnebago Tribe of
Nebraska, if he/she follows the procedures for admission as set out in Section 1-403.
Any person who has successfully completed a certified paralegal training program is also eligible
for admission to practice before the Courts of the Winnebago Tribe of Nebraska, if they follow
the procedure for admission as set out in Section 1-403 and meet minimum requirements of this
Section. [TCR 86-79]
1-403 Procedure for admission.
1.
The clerk shall prepare and maintain on file blank copies of application for admission to practice
before the Winnebago Tribal Court System. The application shall provide simple written
instructions and shall set out in full an oath which must be signed by the attorney or lay counsel
in the presence of a notary public.
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 4
2.
3.
4.
5.
Any professional attorney or lay counsel desiring to be admitted to the practice before the
Winnebago Tribal Court System shall complete and submit an application for admission
certifying under oath:
a.
That he/she meets the requirements of Section 1-402 of this Code, and appending thereto
a current bar admission card or letter from a State bar association or District of Columbia
Association evidencing his/her admission to a good standing therein, or evidence of
graduation from a certified paralegal training program.
b.
That he/she has taken the required oath as set out in the application.
An admission fee of fifty dollars ($50.00) shall be tendered with the application subject to return
if the application is denied. This is an annual fee to be paid each year by the attorney or lay
counsel. The admission fee shall be waived for the General Counsel and/or Attorney General of
the Winnebago Tribe of Nebraska.
Upon receipt of an application for admission to practice before the Courts of the Winnebago
Tribe of Nebraska, the chief judge shall review the application and may, but need not, investigate
the truth of the matters contained therein. If the applicant meets the qualifications set forth
herein, the chief judge shall cause a certificate to be issued evidencing the admission of the
applicant to practice before the Courts of the Winnebago Tribe of Nebraska.
Any person denied admission shall have a right to appeal in writing directly to the Tribal Council
which may conduct such inquiry or proceedings on the matter as it deems appropriate. [TCR
96-22]
1-404 Disbarment and discipline.
1.
2.
Whenever any professional attorney admitted to practice before the Winnebago Tribal Court has
been disbarred or suspended from the practice of law in any state to which reference for
admission to practice was made as a condition to obtaining admission to practice before the
Tribal Courts, the chief judge shall immediately send notice to his/her last known address that
he/she shall be suspended from practice before the Courts of the Tribe for an indefinite period
unless he/she shall appear or otherwise answer within thirty days showing good cause why such
order should not be entered. The attorney may also be suspended from further appearances for
misconduct or improper behavior by any judge of the Tribal Court upon conditions of notice and
hearing.
Any person appearing as lay counsel for another may be suspended from further appearances as
such for misconduct or improper behavior by any judge of the Tribal Court upon conditions of
notice and hearing. [TCR 86-79]
1-405 Standards of conduct and obligations for attorneys and lay counsel.
1.
2.
Every attorney admitted to practice before the Courts of the Tribe, and every lay counsel
employed or appointed to represent another before such Courts when acting in such capacity or in
matters in any relation thereto, shall conform his/her conduct in every respect to the requirements
and suggested behavior of the Code of Professional Responsibility as adopted by the American
Bar Association.
Both professional attorneys and lay counselors who hold themselves out as being available to act
as such have a responsibility to accept as client and represent without compensation or without
full compensation such persons as a judge of a Tribal Court feels have particular urgent needs for
such representation but are personally unable to afford such legal help. Professional attorneys
and lay counselors will be appointed if needed to represent individual clients on a free basis or on
a reduced fee basis as part of the admission requirements. Provided that no person shall be
obliged by this provision or otherwise to provide more than fifteen hours of free legal services
during any twelve month period. [TCR 86-79]
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 4
1-406 Oath of attorneys and lay counselors. Upon applying for admission to practice as provided
herein, an attorney shall take the following oath by subscribing his/her signature to such oath on the
application:
I do solemnly swear (affirm):
That I will support the Constitution of the United States and support and defend the
Constitution and By-laws, and laws of the Winnebago Tribe of Nebraska; that I will
maintain the respect due the Courts and judicial officers of the Winnebago Tribe of
Nebraska;
That I will not counsel or maintain any suit or proceeding which shall appear to me to be
unjust, nor maintain any defense except such as I believe to be honestly debatable under
the law of the land;
That I will employ for such purposes of maintaining the cause confided to me such means
only as are consistent with truth and honor, and will never seek to mislead the judge or
jury by any artifice, or false statement of fact or law. [TCR 86-79]
3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 5
TITLE 1
ARTICLE 5
CONTEMPTS
1-500 Acts or failures to act which contribute
contempt of Court.
1-501 Civil contempt.
1-502 Criminal contempt.
1-503 Contempt procedure.
1-500 Acts or failures to act which constitute contempt of Court. The following acts or failures to
act may serve as the basis for finding an individual or other entity in contempt of Court:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Disorderly, contemptuous, or insulting behavior toward a judge while holding Court, which tends
to interrupt the course of the proceedings or undermines the dignity of the Court.
A breach of the peace, or loud boisterous conduct which tends to interrupt the course of a judicial
proceeding.
Deceit, or abuse of process or proceedings of the Court by a party or counselor to a judicial
proceeding.
Disobedience to a lawful judgment, order or process of the Court.
Assuming to be an officer, spokesman or other official of the Court and acting as such without
authority.
Rescuing or taking any person or property from the Court or an officer acting under Court order,
contrary to the order of the Court.
Unlawfully detaining or other interfering with a witness or party to an action while such person is
going to or from a Court proceeding or attending Court.
Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
Any other interference with the process, proceeding, or dignity of the Court or of a judge of the
Court while in the performance of his/her official duties occurring while any Court hearing is in
actual session. [TCR 86-79]
1-501 Civil contempt.
1.
2.
A civil contempt is prosecuted to preserve, protect, enforce or restore the duly adjudicated rights
of a party to a civil action against one under legal obligation to do or refrain from doing
something as a result of a judicial decree or order.
Relief in a civil contempt proceeding may be coercive or compensatory in nature as to the
complaining party and may include a fine payable to the Court or to the complaining party or
imprisonment of the party in contempt to secure compliance, or both. [TCR 86-79]
1-502 Criminal contempt.
1.
2.
Conduct which is directed at, or is detrimental to, the dignity and authority of the Court is a
criminal contempt.
Criminal contempt is an offense which may be punishable, at the discretion of the Court based on
the nature of the conduct in question, with a fine of up to five hundred dollars ($500.00) and/or up
to six months in jail. [TCR 86-79]
1-503 Contempt procedure.
1.
A direct contempt is one committed in the presence of the Court or so near thereto as to be
disruptive of the Court proceedings, and such may be adjudged and punished summarily.
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 5
2.
All other contempts shall be determined at a hearing at which the person accused of contempt is
given notice and an opportunity to be heard. [TCR 86-79]
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 6
TITLE 1
ARTICLE 6
SELECTION OF JURORS
1-600 Eligibility for jury selection.
1-601 Jury lists.
1-602 Jury panel selection procedures.
1-603 Power to excuse jurors.
1-604 Compensation to jurors.
1-600 Eligibility for jury duty.
1.
2.
Any enrolled member of the Winnebago Tribe of Nebraska eighteen years or older, who has not
been convicted of a felony or a Class I offense under this Code, and who resides on the
Winnebago Indian reservation, shall be eligible to be a juror. Judges, other officers or employees
of the Court, attorneys, lay counselors, and current Tribal Council members shall not be eligible
to be jurors.
The chief judge may adopt procedures whereby non-enrolled Indians and non-Indians may be
summoned for jury duty in cases in which one or more non-Indian participants are involved.
[TCR 86-79, 05-111]
1-601 Jury lists. Each year, the clerk of Courts, at the direction of the Tribal Court, shall prepare a list
of eligible jurors, which list shall contain not less than fifty names and which shall contain the names of
persons appearing on the Tribal enrollment lists as well as other lists which would fairly represent those
individuals living upon the reservation who are eligible to serve as jurors. [TCR 86-79]
1-602 Jury panel selection procedures.
1.
2.
3.
The clerk shall subpoena not less than twenty persons from the list of eligible jurors to appear and
be available to serve as jurors whenever a jury trial is scheduled in a civil or criminal matter.
The selection from the list of eligible jurors shall be by lot or some other means of random,
impartial selection.
Selection of jurors to hear the case shall be accomplished as provided in the Rules of Civil and
Criminal Procedures elsewhere in this Code. [TCR 86-79]
1-603 Power to excuse jurors. Only the judge assigned to hear a case shall have the power to excuse a
person subpoenaed to appear as a juror and may do so on account of sickness, disability, extreme
hardship, or other good cause shown upon the request for such excusal by the person subpoenaed.
[TCR 86-79]
1-604 Compensation to jurors. Each juror who is called and reports for jury duty or who serves on a
jury shall be entitled to receive such fees for daily service and/or mileage, if any, as the Tribal Court shall
establish by Rule of the Court, consistent with available funds. [TCR 86-79]
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
TITLE I
ARTICLE 7
JUDICIAL CONDUCT
1-700
1-701
1-702
1-703
1-704
Adoption of Code of Judicial Conduct.
Canon 1.
Canon 2.
Canon 3.
Canon 4.
1-705
1-706
1-707
1-708
Canon 5.
Canon 6.
Canon 7.
Compliance with Code of Judicial Conduct.
1-700 Adoption of Code of Judicial Conduct. The Winnebago Tribe of Nebraska hereby adopts the
Code found in Sections 1-701, et seq., of this Article to be adhered to by all judicial officers of the Court.
Judicial officer is defined as all judges, magistrates, referees, and includes anyone who is engaged in the
duties of a judge. [TCR 86-79]
1-701 Canon l. A Judge Should Uphold the Integrity and Independence of the Judiciary. An
independent and honorable judiciary is indispensable to justice in our society. A judge should participate
in establishing, maintaining, and enforcing, and should him/herself observe, high standards of conduct so
that the integrity and independence of the judiciary may be preserved. The provisions of this Code should
be construed and applied to further that objective. [TCR 86-79]
1-702 Canon 2. A Judge Should Avoid Impropriety and the Appearance of Impropriety in All
his/her Activities.
A.
B.
A judge should respect and comply with the law and should conduct him/herself at all times in a
manner that promotes public confidence in the integrity and impartiality of the judiciary.
A judge should not allow his/her family, social, or other relationships to influence his/her judicial
conduct or judgment. He/she should not lend the prestige of his/her office to advance the private
interest of others; nor should he/she convey or permit others to convey the impression that they
are in a special position to influence him/her. He/she should not testify voluntarily as a character
witness.
Commentary
Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge
must avoid all impropriety and appearance of impropriety. He/she must expect to be the subject of
constant public scrutiny. He/she must therefore accept restrictions on his/her conduct that might be
viewed as burdensome by the ordinary citizen and should do so freely and willingly. The testimony of a
judge as a character witness injects the prestige of his/her office into the proceeding in which he/she
testifies and may be misunderstood to be an official testimonial. This Canon, however, does not afford
him/her a privilege against testifying in response to an official summons. [TCR 86-79]
1-703 Canon 3. A Judge Should Perform the Duties of his/her Office Impartially and Diligently.
The judicial duties of a judge take precedence over all his/her other activities. His/her judicial duties
include all duties of his/her office prescribed by law. In the performance of these duties, the following
standards apply:
A.
Adjudicative Responsibilities
1.
A judge should be faithful to the law and maintain professional competence in it. He/she
should be unswayed by partisan interests, public clamor, or fear of criticism.
2.
A judge should maintain order and decorum in proceedings before him/her.
1
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
3.
B.
A judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers,
and others with whom he/she deals in his/her official capacity, and staff, Court officials,
and others subject to his/her direction and control.
Commentary
The duty to hear all proceedings fairly and with patience is not inconsistent with the duty
to dispose promptly of the business of the Court. Courts can be efficient and businesslike
while being patient and deliberate.
4.
A judge should accord to every person who is legally interested in a proceeding, or
his/her lawyer, the full right to be heard according to law, and, except as authorized by
law, neither initiate nor consider ex parte or other communications concerning a pending
or impending proceeding. A judge, however, may obtain the advice of a disinterested
expert on the law applicable to a proceeding before him/her if he/she gives notice to the
parties of the person consulted and the substance of the advice, and affords the parties
reasonable opportunity to respond.
Commentary
The prescription against communications concerning a proceeding includes
communications from lawyers, law teachers, and other persons who are not participants
in the proceeding, except to the limited extent permitted. It does not preclude a judge
from consulting with other judges, or with Court personnel whose function is to aid the
judge in carrying out his/her adjudicative responsibilities. An appropriate and often
desirable procedure for a Court to obtain the advice of a disinterested expert on legal
issues is to invite him/her to file a brief Amicus Curiae.
5.
A judge should dispose promptly of the business of the Court.
Commentary
Prompt disposition of the Court’s business requires a judge to devote adequate time to
his/her duties, to be punctual in attending Court and expeditious in determining matters
under submission, and to insist that Court officials, litigants and their lawyers cooperate
with him/her to that end.
6.
A judge should abstain from public comment about a pending or impending proceeding
in any Court, and should require similar abstention on the part of Court personnel subject
to his/her direction and control. This subsection does not prohibit judges from making
public statements in the course of their official duties or from explaining for public
information the procedures of the Court.
Commentary
“Court personnel” does not include the lawyers in a proceeding before a judge. The
conduct of lawyers is governed by DR7-107 of the Code of Professional Responsibility.
7.
A judge should prohibit broadcasting, televising, recording or photographing in
Courtrooms and areas immediately adjacent thereto during sessions of Court, or recesses
between sessions, except that under rules prescribed by a supervising appellate Court or
other appropriate authority, a judge may authorize broadcasting televising, recording and
photographing of judicial proceedings in Courtrooms and areas immediately adjacent
thereto consistent with the right of the parties to a fair trial and subject to express
conditions, limitations, and guidelines which allow such coverage in a manner that will
be unobtrusive, will not distract the trial participants, and will not otherwise interfere
with the administration of justice.
Administrative Responsibilities.
1.
A judge should diligently discharge his/her administrative responsibilities, maintain
professional competence in judicial administration, and facilitate the performance of the
administrative response abilities of other judges and Court officials.
2.
A judge should require his/her staff and Court officials subject to his/her direction and
control to observe the standards of fidelity and diligence that apply to him/her.
2
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
3.
C.
A judge should take or initiate appropriate disciplinary measures against a judge or
lawyer for unprofessional conduct of which the judge may become aware.
Commentary
Disciplinary measures may include reporting a lawyer’s misconduct to an appropriate
disciplinary body.
4.
A judge should not make unnecessary appointments. He/she should exercise his/her
power of appointments only on the basis of merit, avoiding nepotism and favoritism.
He/she should not approve compensation of appointees beyond the fair value of services
rendered.
Commentary
Appointees of the judge include officials such as referees, commissioners, special
masters, receivers, guardians and personnel such as clerks, secretaries, and bailiffs.
Consent by the parties to an appointment or an award of compensation does not relieve
the judge of the obligation prescribed by this subsection.
Disqualification.
1.
A judge should disqualify him/herself in a proceeding in which his/her impartiality might
reasonably be questioned, including but not limited to instances where:
a.
He/she has a personal bias or prejudice concerning a party, or personal
knowledge of disputed evidentiary facts concerning the proceeding.
b.
He/she served as lawyer in the matter in controversy, or a lawyer with whom
he/she previously practiced law served during such association as a lawyer
concerning the matter, or the judge or such lawyer has been a material witness
concerning it.
Commentary
A lawyer in a governmental agency does not necessarily have an association with
other lawyers employed by that agency within the meaning of this subsection; a
judge formerly employed by a governmental agency, however, should disqualify
him/herself in a proceeding if his/her impartiality might reasonably be questioned
because of such association.
c.
He/she knows that he/she, individually or as a fiduciary, or his/her spouse or
minor child residing in his/her household, has a financial interest in the subject
matter controversy or in a party to the proceeding or any other interest that could
be substantially affected by the outcome of the proceeding.
d.
He/she or his/her spouse, or a person within the third degree of relationship to
either of them, or the spouse of such a person:
i.
is a party to the proceeding, or an officer, director, or trustee of a party;
ii.
is acting as a lawyer in the proceeding;
Commentary
The fact that a lawyer in a proceeding is affiliated with a law firm with
which a lawyer-relative of the judge is affiliated does not of itself
disqualify the judge. Under appropriate circumstances, the fact that
his/her impartiality might reasonably be questioned under Canon 3C(1)
or that the lawyer-relative is known by the judge to have an interest in
the law firm that could be substantially affected by the outcome of the
proceeding. under Canon 3C(l)(d)(iii) may require his/her
disqualification.
iii.
is known by the judge to have an interest that could be substantially
affected by the outcome of the proceeding;
iv.
is to the judge’s knowledge likely to be a material witness in the
proceeding.
3
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
2.
3.
A judge should inform him/herself about his/her personal and fiduciary financial
interests, and make a reasonable effort to inform him/herself about the personal financial
interests of his/her spouse and minor children residing in his/her household.
For the purposes of this Section;
a.
the degree of relationship is calculated according to the civil law system;
Commentary
According to the civil law system, the third degree of relationship test would, for
example, disqualify the judge if his/her or his/her spouse’s father, grandfather,
uncle, brother, or niece’s husband were a party or lawyer in the proceeding but
would not disqualify him/her if a cousin were a party or lawyer in the
proceeding.
b.
“fiduciary” includes such relationships as executor, administrator, trustee, and
guardian;
c.
“financial interest” means ownership of a legal or equitable interest, however
small, or a relationship as director, advisor, or other active participant in the
affairs of a party, except that:
i.
ownership in a mutual or common investment fund that holds securities
is not a financial interest in such securities unless the judge participates
in the management of the fund;
ii.
an office in an educational, religious, charitable, fraternal, or civic
organization is not a financial interest in securities held by the
organization;
iii.
the proprietary interest of a policy holder in a mutual insurance company,
of a depositor in a mutual savings association, or a similar proprietary
interest, is a financial interest in the organization only if the outcome of
the proceeding could substantially affect the value of the interest;
iv.
ownership of government securities is a financial interest in the issuer
only if the outcome of the proceeding could substantially affect the value
of the securities.
d.
Remittal of Disqualification. A judge disqualified by the terms of Canon
3C(l)(C) or Canon 3C(l)(d) may, instead of withdrawing from the proceeding,
disclose on the record the basis of his/her qualifications. If, based on such
disclosure, the parties and lawyer, independently of the judge’s participation, all
agree in writing that the judge’s relationship is immaterial or that his/her
financial interest is insubstantial, the judge is no longer disqualified, and may
participate in the proceeding. The agreement, signed by all parties and lawyers,
shall be incorporated in the record of the proceeding.
Commentary
This procedure is designed to minimize the chance that a party or lawyer will feel
coerced into an agreement. When a party is not immediately available, the judge
without violating this Section may proceed on the written assurance of the lawyer
that his/her party’s consent will subsequently be filed. [TCR 86-79]
1-704 Canon 4. A Judge May Engage in Activities to Improve the Law, the Legal System, and
Administration of Justice. A judge, subject to the proper performance of his/her judicial duties, may
engage in the following quasi-judicial activities, if in doing so he/she does not cast doubt on his/her
capacity to decide impartially any issue that may come before him/her:
A.
He/she may speak, write, lecture, teach, and participate in other activities concerning the law, the
legal system, and the administration of justice.
4
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
B.
C.
He/she may appear at a public hearing before an executive or legislative body or official on
matters concerning the law, the legal system, and the administration of justice, and he/she may
otherwise consult with an executive or legislative body or officials, but only on matters
concerning the administration of justice.
He/she may serve as a member, officer, or director of an organization or governmental agency
devoted to the improvement of the law, the legal system, or the administration of justice. He/she
may assist such an organization in raising funds and may participate in their management and
investment, but should not personally participate in public fund raising activities. He/she may
make recommendations to public and private fund granting agencies on projects and programs
concerning the law, the legal system, and the administration of justice.
Commentary
As a judicial officer and person specially learned in the law, a judge is in a unique position to
contribute to the improvement of the law, the legal system, and the administration of justice,
including revision of substantive and procedural law and improvement of criminal and juvenile
justice. To the extent that his/her time permits, he/she is encouraged to do so, either
independently or through a bar association, judicial conference, or organization dedicated to the
improvement of the law. [TCR 86-79]
1-705 Canon 5. A Judge Should Regulate his/her Extra-Judicial Activities To Minimize the Risk
of Conflict with his/her Judicial Duties.
A.
B.
Vocational Activities. A judge may write lecture, teach, and speak on non-legal subjects, and
engage in the arts, sports, and other social and recreational activities, if such avocation activities
do not detract from the dignity of his/her office or interfere with the performance of his/her
judicial duties.
Commentary
Complete separation of a judge from extra-judicial activities is neither possible nor wise; he/she
should not become isolated from the society in which he/she lives.
Civic and Charitable Activities. A judge may participate in civic and charitable activities that do
not reflect adversely upon his/her impartiality or interfere with the performance of his/her judicial
duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an educational,
religious, charitable, fraternal, or civic organization not conducted for the economic or political
advantage of its members, subject to the following limitations:
1.
A judge should not serve if it is likely that the organization will be engaged in
proceedings that would ordinarily come before him/her or will be regularly engaged in
adversary proceedings in any Court.
Commentary
The changing nature of some organizations and of their relationship to the law makes it
necessary for a judge regularly to re-examine the activities of each organization with
which he/she is affiliated to determine if it is proper for him/her to continue his/her
relationship with it. For example, in many jurisdictions charitable hospitals are now
more frequently in Court than in the past. Similarly, the boards of some legal aid
organizations now make policy decisions that may have political significance or imply
commitment to causes that may come before the Courts for adjudication.
2.
A judge should not solicit funds for any educational, religious, charitable, fraternal, or
civic organization, or use or permit the use of the prestige of his/her office for the
purpose, but he/she may be listed as an officer, director, or trustee of such an
organization. He/she should not be a speaker or the guest of honor at an organization’s
fund-raising events, but he/she may attend such events.
5
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
3.
C.
A judge should not give investment advice to such an organization, but he/she may serve
on its board of directors or trustees even though it has the responsibility for approving
investment decisions.
Commentary
A judge’s participation in an organization devoted to quasi-judicial activities is governed
by Canon 4.
Financial Activities.
1.
A judge should refrain from financial and business dealings that tend to reflect adversely
on his/her impartiality, interfere with the proper performance of his/her judicial duties,
exploit his/her judicial position, or involve him/her in frequent transactions with lawyers
or persons likely to come before the Court on which he/she serves.
Commentary
The Effective Date of Compliance provision of this Code qualifies this subsection with
regard to a judge engaged in a family business at the time this Code becomes effective.
2.
Subject to the requirement of subsection (1), a judge may hold and manage investments,
including real estate, and engage in other remunerative activity including the operation of
a business.
3.
A judge should manage his/her investments and other financial interest to minimize the
number of cases in which he/she is disqualified. As soon as he/she can do so without
serious financial detriment, he/she should divest him/herself of investments and other
financial interests that might require frequent disqualification.
4.
Neither a judge nor a member of his/her family residing in his/her household should
accept a gift, bequest, favor, or loan from anyone except as follows:
a.
a judge may accept a gift incident to public testimonial to him/her; books
supplied by publishers on a complimentary basis for official use; or an invitation
to the judge and his/her spouse to attend a bar-related function or activity devoted
to the improvement of the law, the legal system, or the administration of justice;
b.
a judge or a member of his/her family residing in his/her household may accept
ordinary social hospitality; a gift, bequest, favor, or loan from a lending
institution in its regular course of business on the same terms generally available
to persons who are not judges; or a scholarship or fellowship awarded on the
same term applied to other applicants;
c.
a judge or a member of his/her family residing in his/her household may accept
any other gift, bequest, favor, or loan only if the donor is not a party or other
person whose interests have come or are likely to come before him/her, and, if its
value exceeds one hundred dollars ($100.00), the judge reports it in the same
manner as he/she reports compensation in Canon 6C.
Commentary
This subsection does not apply to contributions to a judge’s campaign for judicial
office, a matter governed by Canon 7.
5.
For the purposes of this Section, member of his/her family residing in his/her household
means any relative of a judge by blood or marriage, or a person treated by a judge as a
member of his/her family, who resides in his/her household.
6.
A judge is not required by this Code to disclose his/her income, debts, or investments,
except as provided in this Canon and Canons 3 and 6.
Commentary
Canon 3 requires a judge to disqualify him/herself in any proceeding in which he/she has
a financial interest, however small; Canon 5 requires a judge to refrain from engaging in
business and from financial activities that might interfere with impartial performance of
his/her judicial duties; Canon 6 requires him/her to report all compensation he/she
receives for activities outside his/her judicial office. A judge has the rights of an ordinary
6
June 2025
WINNEBAGO TRIBAL CODE
TITLE 1 ARTICLE 7
D.
E.
F.
citizen, including the right to privacy of his/her financial affairs, except to the extent that
limitations thereon are required to safeguard the proper performance of his/her duties.
Owning and receiving income from investments do not as such affect the performance of
a judge’s duties.
Fiduciary Activities. A judge should not serve as the executor, administrator, trustee, guardian,
or other fiduciary, except for the estate, trust, or person of a member of his/her family, and then
only if such service will not interfere with the proper performance of his/her judicial duties.
[Member of his/her family includes a spouse, child, grandchild, parent, grandparent, or other
relative or person with whom the judge maintains a close family relationship.] As a family
fiduciar
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.