EXHIBIT A
to
March 11, 1998 Testimony of Mark A. Jarboe, Dorsey & Whitney LLP
LAW AND ORDER CODE
OF THE
LAS VEGAS TRIBE OF PAIUTE INDIANS
Title 1 - The Tribal Court
TABLE OF CONTENTS
Table of Contents Page
1-10 AUTHORIZATION AND DEFINITIONS 1
1-10-010 Establishment of the Tribal Court 1
1-10-015 Establishment of the Tribal Commercial Court 1
1-10-020 Definitions 1
1-10-030 Words and Terms: Tense, Number and Gender 2
1-20 JURISDICTION OF THE TRIBAL COURT 2
1-20-010 Territorial Jurisdiction of the Tribal Court 2
1-20-020 Civil Jurisdiction 2
1-20-030 Criminal Jurisdiction 3
1-20-040 Probate Jurisdiction 4
1-20-050 Juvenile Jurisdiction 4
1-20-060 Jurisdiction Over Certain Commercial Proceedings 4
1-30 LAW TO BE APPLIED BY THE TRIBAL COURT 5
1-30-010 Applicable Law 5
1-30-020 Tribal Custom 6
1-40 JUDGES OF THE TRIBAL COURT - 7
1-40-010 Composition of the Tribal Court 7
1-40-020 Qualifications for Tribal Court Judges 7
1-40-025 Additional Qualifications for Judge of the Tribal
Commercial Court 7
1-40-030 Appointment of Judges 8
1-40-040 Term of Office 8
1-40-050 Duties and Powers of Tribal Court Judges 9
1-40-055 Duties and Powers of Tribal Commercial Court Judge 10
1-40-060 Appointment of Temporary Judges 11
1-40-070 Compensation of Judges 11
1-40-080 Removal of Judges 11
1-40-090 Disqualification of Judges; Conflict of Interest 13
1-40-100 Filling Vacancies 13
1-50 CLERK OF TRIBAL COURT - 13
1-50-010 Qualifications of Clerk 13
1-50-020 Appointment of Clerk 14
1-50-030 Duties of the Clerk 14
1-50-040 Judge May Assume Duties of the Clerk 14
1-50-050 Termination of a Clerk 15
1-60 RECORDS OF THE TRIBAL COURT 15
1-60-010 Tribal Court Files 15
1-60-020 Recording Tribal Court Proceedings 15
1-60-030 Forms of Decisions 16
1-70 RULES OF THE TRIBAL COURT 16
1-70-010 Preparation of Rules 16
1-70-020 Approval of Rules 16
1-70-030 Amendment of Rules 17
1-70-040 Sanctions 17
1-80 PRACTICE BEFORE THE TRIBAL COURT 17
1-80-010 Right to Represent Oneself or Have a
Representative as Counsel 17
1-80-020 Who May Be a Representative 17
1-80-030 Representative's Right to Appear 18
1-90 TRIBAL COURT APPEALS 18
1-90-010 Composition of the Tribal Court of Appeals 18
1-90-020 Appeal Procedure 19
THE LAS VEGAS TRIBE OF PAIUTE INDIANS
Title 1 - The Tribal Court
1-10 AUTHORIZATION AND DEFINITIONS
1-10-010 Establishment of the Tribal Court - Pursuant to Article VII of the Constitution and By-laws of the Las Vegas Tribe of Paiute Indians, there is hereby established by the Las Vegas Paiute Tribal Council a Tribal Court of general jurisdiction.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-10-015 Establishment of the Tribal Commercial Court - Pursuant
to Article VII of the Constitution and By-laws of the Las
Vegas Tribe of Paiute Indians, there is hereby
established by the Las Vegas Paiute Tribal Council, as an
adjunct to the Tribal Court, a Tribal Commercial Court of
limited jurisdiction which may exercise the authority of
the Tribal Court only with respect to those cases
referred to the jurisdiction of the Tribal Commercial
Court pursuant to 1-20-060(b) of this Code.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment:
1-10-020 Definitions - The following words have the meaning given below when used in this Law and Order Code:
(a) "Clerk" means the Clerk of the Tribal Court;
(b) "Code" means the Law and Order Code of the Las Vegas Tribe of Paiute Indians;
(g) "Colony" or "Reservation" means all lands of the Las Vegas Tribe of Paiute Indians described or referenced in the Constitution and By-laws of the Las Vegas Tribe of Paiute Indians, including, but not limited to, all lands described in United States Public Law 98-203.
(c) "Juvenile Court" means the Tribal Court when exercising its jurisdiction pursuant to 1-20-050 of this Code.
(d) "Tribe" means and "Tribal" refers to the Las Vegas Tribe of Paiute Indians.
(e) "Tribal Council" means the duly elected Tribal Council of the Las Vegas Paiute Tribe.
(f) "Tribal Court" means the Tribal Court of the Las
Vegas Paiute Tribe and, except as otherwise clearly
indicated, all adjuncts thereto, including, but not
limited to, the Tribal Commercial Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-10-030 Words and Terms: Tense, Number and Gender - In interpreting and applying the words and terms of this Code, save when otherwise fairly declared or clearly apparent for the context:
(a) Words and terms in the present tense shall include the future tense;
(b) Words and terms in any gender shall refer to all genders; and
(c) Words and terms in the singular shall include the plural, and words in the plural shall include the singular.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-20 JURISDICTION OF THE TRIBAL COURT
1-20-010 Territorial Jurisdiction of the Tribal Court - The
jurisdiction of the Tribal Court shall extend to all
territory within the boundaries of the Colony, including
trust and non-trust land, and all roads, water and
bridges, and any lands which may be added to the Colony
in the future or which may otherwise become subject to
the jurisdiction of the Tribe by any lawful means.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-20-020 Civil Jurisdiction -
(a) The Tribal Court shall have original jurisdiction over all civil causes of action arising from any transaction or occurrence occurring within the territorial jurisdiction of the Tribal Court, including, but not limited to:
(1) The transaction of any business within the Reservation;
(2) The commission of a tortious act within the Reservation;
(3) The ownership, use, or possession of any property situated within the Reservation;
(4) Contracting to insure any person, property or risk residing or located within the Reservation; or
(5) The violation of any of the civil regulatory provisions of this Code.
(b) Personal jurisdiction shall exist over all defendants, Indians or non-Indians:
(1) Served within the Territorial Jurisdiction of the Tribal Court;
(2) Consenting to such jurisdiction; or
(3) Personally served with a summons outside the Reservation in the manner prescribed by applicable rules of procedure for the Tribal Court.
(c) The act of entry upon territory within the territorial jurisdiction of the Tribal Court, including, but not limited to, entry for the purpose of delivering goods or providing services, regardless of where any contract related to such goods or services may have been executed, shall be considered consent to the jurisdiction of the Tribal Court with respect to any action arising from or related to such entry.
(d) The Tribal Court shall have no jurisdiction in any matter in which the Tribe, any Tribal instrumentality, office, authority, or any officer of the Tribe or any officer of a Tribal instrumentality, office or authority properly asserts the defense of sovereign immunity, unless such sovereign immunity has been explicitly
waived in the context of the particular case before
the Tribal Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.
This section 1-20-020 is intended as an express reservation by
the Tribal Council of civil adjudicatory jurisdiction to the full
extent allowable under Tribal and federal law.
1-20-030 Criminal Jurisdiction - The Tribal Court shall have
criminal jurisdiction over all offenses enumerated in
this Code, or in any code or regulation adopted, utilized
or enforced by the Tribe by virtue of Tribal, federal
and/or state intergovernmental agreement, statute,
ordinance, resolution or other enactment, when committed
within the territorial jurisdiction of the Tribal Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.
This section 1-20-030 is intended as an express reservation by the Tribal Council of criminal prohibitory jurisdiction to the full extent allowable under Tribal and federal law and in recognition of the Nevada state criminal jurisdiction of Tribal law enforcement officers pursuant to N.R.S. 171.1255 and any other applicable laws of the state of Nevada.
Nothing in this section 1-20-030 shall be construed as an
assumption by the Tribe of criminal prohibitory jurisdiction over
non-Indians greater than the maximum possible assumption of such
jurisdiction under applicable federal law.
1-20-040 Probate Jurisdiction - To the full extent permitted by
federal law, the Tribal Court shall have probate
jurisdiction over all real and personal property located
within the territorial jurisdiction of the Tribal Court
at the time of the owner's death, and the personal
property, wherever located, of any person residing within
the Reservation at the time of their death.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.
This section 1-20-040 is intended as an express reservation by
the Tribal Council of probate jurisdiction to the full extent
allowable under Tribal and federal law.
1-20-050 Juvenile Jurisdiction - The Tribal Court shall have
original and exclusive jurisdiction in all proceedings
and matters affecting children under the age of eighteen,
when such children are residing or apprehended within the
territorial jurisdiction of the Tribal Court. When
exercising such jurisdiction, the Tribal Court shall be
known as the Juvenile Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.
This section 1-20-050 is intended as an express reservation
by the Tribal Council of juvenile jurisdiction to the full
extent allowable under Tribal and federal law.
1-20-060 Jurisdiction Over Certain Commercial Proceedings -
(a) Original jurisdiction in all civil proceedings of the type described in 1-20-020(a) of this Code, where the matter in controversy exceeds the sum or value of $50,000, exclusive of interest and costs, is hereby referred to the Tribal Commercial Court. The Chief Judge of the Tribal Court may also refer jurisdiction over other civil actions to the Tribal Commercial Court on a discretionary basis or at the direction of the Tribal Council.
(b) The Tribal Court may withdraw jurisdiction referred
to the Tribal Commercial Tribal Court under 1-20-060(a), in whole or in part, on its own motion or
on timely motion of any party, for cause shown.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-30 LAW TO BE APPLIED BY THE TRIBAL COURT
1-30-010 Applicable Law -
(a) The Tribal Court shall apply the provisions of this Code and any other procedural codes or rules, ordinances, resolutions or other enactments adopted by the Tribe. When appropriate, the Tribal Court shall rely on previous opinions issued by the Tribal Court, the Tribal Commercial Court or the Tribal Court of Appeals interpreting this Code or any other Tribal ordinance, resolution or enactment.
(b) In civil proceedings before the Tribal Court, as distinct from proceedings before the Tribal Commercial Court, the Tribal Court shall first adhere to the requirements of 1-30-010(a) and may then apply the substantive statutory, regulatory and common law of the United States and the state of Nevada, including, but not limited to, the Nevada Uniform Commercial Code and Nevada choice-of-law principles, but only to the extent that such Nevada substantive statutory, regulatory and common law does not conflict with this Code or any duly enacted ordinances, resolutions or other enactments of the Tribe or federal law.
(c) In proceedings before the Tribal Commercial Court, the Tribal Commercial Court shall first adhere to the requirements of 1-30-010(a) and shall then, to the maximum extent enforceable under federal law, apply the below listed provisions of the Nevada Revised Statutes (and any successor provisions), including all common law principles derived from such provisions and may then apply substantive statutory, regulatory and common law of the United States and the state of Nevada not below listed, but only to the extent that such Nevada substantive statutory, regulatory and common law, whether listed below or not, does not conflict with this Code or any duly enacted ordinances, resolutions or other enactments of the Tribe or federal law:
(1) N.R.S Chapters 30, 31, 32, 33, 38, 40 and 42;
(2) N.R.S. Title 4 in its entirety;
(3) N.R.S. Title 7 in its entirety;
(4) N.R.S. Title 8 in its entirety;
(5) N.R.S. Chapters 106, 107 and 108;
(6) N.R.S. Chapter 112;
(7) N.R.S. Chapter 120A;
(8) N.R.S. Title 13;
(9) N.R.S. Title 54;
(10) N.R.S. Title 55;
(11) N.R.S. Title 57; and
(12) N.R.S. Title 58.
(d) In criminal proceedings the Tribal Court shall first adhere to the requirements of 1-30-010(a) and shall then apply the substantive statutory, regulatory and common law of the United States and the state of Nevada.
(e) Upon the passage of this Code, neither Nevada law
nor the provisions of 25 Code of Federal
Regulations (C.F.R.), part 11, shall be applied by
the Tribal Court unless such application is
specifically authorized by this Code.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994; with the exception of the text of Section 1-30-010(c) which was replaced in its entirety pursuant to Tribal Council Resolution No. 95-028, dated June 27, 1995.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto. The text of Section 1-30-010(c) adopted by Tribal Council Resolution No. 94-021, dated
June 21, 1994, was replaced in its entirety pursuant to Tribal
Council Resolution No. 95-028, dated June 27, 1995.
1-30-020 Tribal Custom -
(a) The Tribal Court shall not apply traditional or customary law of the Las Vegas Paiute Tribe, except that the customs of marriage and of divorce shall be applied when the marriage or divorce was consummated in accordance with Tribal custom prior to the effective date of Tribal Resolution No. 7/5/77A.
(b) The Tribal Court shall not consider whether Tribal
customs relating to marriage and of divorce apply
in any given case unless the issue of the
application of Tribal customs to such case is
raised by one of the parties. It is the obligation
of the party wishing to benefit by the application
of this section to bring to the attention of the
Tribal Court the appropriate Tribal custom and to
establish that their case meets the requirements
for application of the custom.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.
For purposes of section 1-30-020 only, the effective date of
this Code shall be deemed to be the effective date of Tribal
Resolution No. 7/5/77A.
1-40 JUDGES OF THE TRIBAL COURT
1-40-010 Composition of the Tribal Court -
(a) The Tribal Court, as distinct from the Tribal Commercial Court, shall consist of one Chief Judge and as many Associate Judges as the Tribal Council shall deem necessary.
(b) The Tribal Commercial Court shall consist of one
Judge.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-020 Qualifications for Tribal Court Judges - A Tribal Court judge, including the Chief Judge, may be any person, Indian or non-Indian, whether a resident or non-resident of the Reservation, provided that such person:
(a) Is twenty-five (25) years of age or older;
(b) Has never been convicted of a felony;
(c) Is not a member of the Tribal Council;
(d) Is mature, trustworthy, and of good moral character;
(e) Is capable of supervising a staff of Associate Judges, Clerks, and others;
(f) Is willing to attend training sessions for Tribal judges; and
(g) Is able to determine in what cases he will be
disqualified and is willing to disqualify himself.
Preference for this position of Judge of the Tribal Court shall be given to those who are educated or experienced in the law.
Preference shall also be given to enrolled members of
federally recognized Tribes, Bands or Communities of
Native Americans.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-025 Additional Qualifications for Judge of the Tribal Commercial Court - The judge of the Tribal Commercial Court may be any person, Indian or non-Indian, whether a resident or non-resident of the Reservation, provided that such person:
(a) meets the requirements of 1-40-020 of this Code; and,
(b) Is duly licensed to practice law in the courts of
any State within the ninth or tenth federal
Judicial circuits at all times while presiding as a
Judge of the Tribal Commercial Court.
Preference for the position of Judge of the Tribal
Commercial Court shall be given to persons having: (i)
significant prior adjudicatory experience; (ii)
experience in the area of federal Indian law and/or
commercial law in the State of Nevada; and (iii) five (5)
or more years experience as a licensed attorney in the
State of Nevada.
Preference shall also be given to enrolled members of
federally recognized Tribes, Bands or Communities of
Native Americans.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment:
1-40-030 Appointment of Judges -
(a) All judges of the Tribal Court shall be appointed by the Tribal Council. All judges shall be chosen from a list of qualified candidates recommended by the Law and Order Committee of the Tribal Council.
(b) Nothing in this section 1-40-030 shall prohibit the
Tribal Council from contracting or agreeing with
the Bureau of Indian Affairs or any other agency or
organization that such agency or organization shall
provide all or part of the compensation of a Tribal
Court judge, and shall in return have control over
the appointment of such judge. In such situations,
the Tribal Council shall by resolution recommend to
such agency or organization the appointment of a
particular person as a Tribal Court judge.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-040 Term of Office -
(a) Unless removed for cause, the Chief Judge of the Tribal Court shall serve for a term of three years and until his successor assumes office, Associate Judges of the Tribal Court shall serve for a term of one year and until their successors assume office and the judge of the Tribal Commercial Court shall serve a term of three years and until his successor assumes office.
(b) All judges shall be eligible for reappointment.
(c) All judges shall assume office following their appointment by taking the following oath of office, administered by the Tribal
Council Chairperson or his designate, at a
regularly scheduled meeting of the Tribal Council:
"I,
, do solemnly swear/affirm that I will uphold
and protect the Constitution and Bylaws of the Las
Vegas Paiute Tribe, that I will fairly administer
justice and perform the duties of judge of the
Tribal Court/Tribal Commercial Court of the Las
Vegas Tribe of Paiute Indians to the best of my
abilities."
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-050 Duties and Powers of Tribal Court Judges -
(a) Judges of the Tribal Court shall have the duty and power to conduct all Tribal Court proceedings, and issue all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Tribal Court. In so doing they shall:
(1) Be responsible for establishing and maintaining Rules of the Tribal Court regulating conduct in the Tribal Court and the Tribal Commercial Court. Such Rules of the Tribal Court must be approved by the Tribal Council;
(2) Hold Tribal Court regularly at a designated time and place on the Colony;
(3) Hear and decide all cases;
(4) Enter all appropriate orders and judgments;
(5) Issue all appropriate warrants;
(6) Keep such records as are required by this Code, the Rules of the Tribal Court, Tribal ordinance, resolution or other enactment of the Tribe;
(7) Perform the duties of the Clerk in the Clerk's absence;
(8) Perform such other duties as are required by this Code, the Rules of the Tribal Court, Tribal ordinance, resolution or other enactment adopted by the Tribe; and
(9) Perform such other duties as are necessary and proper for the administration of justice.
(b) Unless a coroner is appointed in accordance with the provisions of this Code, the Chief Judge shall have the authority to perform the duties of Coroner for the Tribe.
(c) The Chief Judge shall hear all cases except
those: (i) which are assigned by the Chief
Judge to an Associate Judge; (ii) which must
be heard by an Associate Judge in order to
assure the prompt administration of justice;
or (iii) for which jurisdiction has been
referred to the Tribal Commercial Court
pursuant to 1-20-060(b) of this Code.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-055 Duties and Powers of Tribal Commercial Court Judge -
(a) The judge of the Tribal Commercial Court shall have the duty and full power of the Tribal Court to conduct all proceedings which have been referred to its jurisdiction pursuant to 1-20-060 of this Code, and to issue all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of the Tribal Commercial Court. In so doing he shall:
(1) Hold Tribal Commercial Court on the Reservation at a location designated by the Chief Judge of the Tribal Court at such times as directed by the Chief Judge of the Tribal Court;
(2) Hear and decide all cases referred to the Tribal Commercial Court pursuant to 1-20-060 of this Code;
(3) Enter all appropriate orders and judgments in such cases;
(4) Keep such records as are required by this Code, the Rules of the Tribal Court, Tribal ordinance, resolution or other enactment adopted by the Tribe;
(5) Perform the duties of the Clerk in the Clerk's absence;
(6) Perform such other duties as are required by this Code, the Rules of the Tribal Court, Tribal ordinance, resolution or other enactment adopted by the Tribe; and
(7) Perform such other duties as are necessary and proper for the administration of justice.
(b) In addition to all standards and requirements
imposed by this Code, the Rules of the Tribal
Court, Tribal ordinance, resolution or other
enactment adopted by the Tribe, the judge of the
Tribal Commercial Court shall be bound by all
judicial standards, codes of judicial conduct, and
canons of judicial ethics applicable to judges
presiding in Nevada courts of general jurisdiction.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment:
1-40-060 Appointment of Temporary Judges -
(a) If, due to the disqualification or other unavailability of the Chief or Associate Judges of the Tribal Court, an additional judge is needed to adjudicate matters at trial or on appeal, the Tribal Council shall have the power to appoint a temporary judge to hear the case, or to contract with any agency or organization for such appointment.
(b) The Tribal Council must make such an appointment when it is necessary to insure the prompt administration of justice.
(c) Whenever possible, a temporary judge shall have experience as a Tribal Judge.
(d) Temporary judges must meet the requirements of 1-40-020 of this Code.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and
supersedes its prior version as originally adopted
pursuant to Tribal Resolution No. 7/5/77A and all
amendments thereto.
1-40-070 Compensation of Judges -
(a) The compensation of all judges of the Tribal Court shall be set by resolution of the Tribal Council. No judge shall have his compensation reduced during his term of office.
(b) Nothing in this section shall prohibit the Tribal
Council from contracting or agreeing with the
Bureau of Indian Affairs or any other agency or
organization that such agency or organization shall
provide all or part of the compensation of a judge
of the Tribal Court, and shall in return have
control over the compensation of such judge. In
such situations the Tribal Council shall by
resolution make a recommendation to such agency or
organization as to the compensation of judges of
the Tribal Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-080 Removal of Judges -
(a) Judges of the Tribal Court may be removed for good cause by a two-thirds (2/3) vote of the full Tribal Council; provided, however, that no judge of the Tribal Court may be removed during the original pendency of any case.
(b) Procedures to be followed in removing a judge of the Tribal Court:
(1) No action will be taken except on a written complaint to the Tribal Council setting forth specific facts justifying removal;
(2) The judge shall be immediately notified of the charges against him;
(3) Within 60 days of receiving a complaint against any judge, the Tribal Council shall decide by majority vote of a quorum whether the complaint is frivolous and should be dismissed, or whether the complaint requires a hearing before the Tribal Council to determine if the judge should be removed. Notice of this decision must be sent by certified mail to both the judge accused and the complainant within five (5) days of the decision. No judge shall be removed except following a hearing on the complaint and a subsequent decision and resolution by the Tribal Council that removal is appropriate.
(4) If the Tribal Council decides a removal hearing is required, it shall set a date and provide notice of such hearing to the complainant and the accused judge at least thirty (30) days, but not more than sixty (60) days, in advance. Once the date for a removal hearing is set by the Tribal Council, the accused judge shall be hereby automatically suspended from his duties as a judge of the Tribal Court.
(5) At the removal hearing both the accused judge and the complainant shall be given an opportunity to present evidence, call witnesses, and make a statement to the Tribal Council in support of their contentions.
(6) After a removal hearing is held, the Tribal Council shall vote on whether or not the evidence presented establishes that good cause exists for removing the accused judge. The parties shall be notified of the Tribal Council's decision within 60 days of the hearing. Any judge not removed is restored to his duties as of the time of the decision of the Tribal Council against removal.
(c) Nothing in this section shall prohibit the Tribal
Council from contracting or agreeing with the
Bureau of Indian Affairs or any other agency or
organization that such agency or organization shall
provide all or part of the compensation of a judge
of the Tribal Court, and shall in return have
control over the removal of such judge. When
appropriate, the Tribal Council shall by resolution
recommend to the agency or organization the removal
of a Tribal Judge after compliance with the
procedures of this section.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-090 Disqualification of Judges; Conflict of Interest - No
judge shall hear or determine any case when he has a
direct interest, other than an interest arising solely on
the basis of a judge's enrollment in the Tribe, in the
outcome of such case or where he is related by blood or
marriage to one of the parties as: husband, wife,
brother, sister, father, mother, grandfather,
grandmother, grandson, granddaughter, son, daughter,
uncle, aunt, nephew, niece or first cousin. Any party,
or the relevant judge, may raise the question of conflict
of interest. Upon decision by the judge involved that
disqualification is appropriate, another judge of the
Tribal Court shall hear the matter. If the judge refuses
to disqualify himself, such refusal may be grounds for
appeal of the final decision in the case. If the Tribal
Court of Appeals determines that the judge should have
disqualified himself, it shall order the retrial of the
matter in the Tribal Court before a different judge.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-40-100 Filling Vacancies - When a judge's position becomes
vacant for any reason before the end of his term, the
Tribal Council shall fill the vacancy by appointment.
The judge appointed to fill a vacancy will serve the
remainder of the original term and be eligible for
reappointment. Any appointment under this Section shall
be subject to the requirements of 1-40-060 of this Code.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-50 CLERK OF TRIBAL COURT
1-50-010 Qualifications of Clerk - The Clerk shall:
(a) Be willing to attend training sessions for Tribal Court Clerks;
(b) Be qualified to perform the duties of the clerk as set forth in 1-50-030 of this Code; and
(c) Be bondable.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-50-020 Appointment of Clerk -
(a) The Clerk shall be appointed by the Tribal Council upon the recommendation of the Law and Order Committee.
(b) Nothing in this Section shall prohibit the Tribal Council from contracting or agreeing with the Bureau of Indian Affairs or any other agency or organization that the agency shall provide all or
part of the Clerk's compensation, and shall in
return have control over the appointment of such
Clerk.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-50-030 Duties of the Clerk -
(a) The Clerk shall keep the records of the Tribal Court and the Tribal Commercial Court, including, but not limited to, a case file with an identifying number containing all of the pleadings and all papers filed in each case.
(b) The Clerk shall post all notices required by this Code and Tribal law to be sent by the Tribal Court.
(c) The Clerk shall assist all persons or organizations with their business before the Tribal Court so as to insure the efficient operation of the Tribal Court and the Tribal Commercial Court. Such assistance may include, but is not limited to, help with the preparation of papers to be filed with the Tribal Court.
(d) The Clerk shall collect all fines paid, pay out all duly authorized fees, and account for all moneys to the Tribal Council.
(e) The Clerk shall attend all sessions of the Tribal Court and the Tribal Commercial Court to administer oaths and otherwise assist the judge in the conduct of the Tribal Court.
(f) The Clerk shall be under the supervision of the Chief Judge and shall perform such other duties with regard to the Tribal Court or the Tribal Commercial Court as the Chief Judge may direct.
(g) Nothing in this Section shall be construed to
prohibit the Clerk from having other duties
consistent with the office of Clerk, such as
matron, bookkeeper, etc.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-50-040 Judge May Assume Duties of the Clerk - When, for
whatever reason, the position of Clerk is vacant or the
Clerk is unavailable, any Tribal Court judge may assume
and perform the duties of the Clerk.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-50-050 Termination of a Clerk - The Clerk may be removed from
office for cause by the vote of a majority of a quorum of
the Tribal Council.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-60 RECORDS OF THE TRIBAL COURT
1-60-010 Tribal Court Files -
(a) Tribal Court files are generally not open to the public. Only the parties to proceedings before the Tribal Court or the Tribal Commercial Court and their designated representative(s) and/or agent(s), any judge of the Tribal Court, and the Tribal Council or its designated representative(s) and/or agent(s) may inspect the records of any proceeding before the Tribal Court or the Tribal Commercial Court and obtain copies of any documents included therein.
(b) To insure the integrity of Tribal Court records, authorized persons may inspect Tribal Court or Tribal Commercial Court files only during the ordinary working hours of the Clerk or under the supervision of any Tribal Court judge. Under no circumstances shall anyone except the judge hearing a particular case take a file from the Clerk's office without a written order from the judge.
(c) Authorized persons may obtain copies of documents contained in a Tribal Court or Tribal Commercial Court file from the Clerk for a reasonable charge to be set by the Chief Judge. The Clerk
shall certify that such copies are accurate copies
of the document on file with the Tribal Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-60-020 Recording Tribal Court Proceedings -
(a) When requested to do so by a party to a proceeding before the Tribal Court or the Tribal Commercial Court, the Clerk shall record the audio portion of such proceeding. Such recordings shall be identified by case number and maintained by the Clerk for one year from the date of the recording for use in appeals or collateral proceedings in which the events of the hearing or the manner in which it was conducted are in issue.
(b) To preserve the integrity of such recordings, the Clerk shall store them in a safe place and release them only upon the order of the Chief Judge.
(c) Nothing in this section shall prohibit the
Tribal Council from authorizing the archiving
of recordings older than one year in the
central files of the Tribe, the Bureau of
Indian Affairs, or any other agency or
organization.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-60-030 Forms of Decisions -
(a) Each decision of the Tribal Court, whether at trial or on appeal, shall be recorded on a form approved by the Tribal Council for such purpose. The decision form shall provide for recording the date, the case number, the parties, the substance of the complaint, a brief summary of the evidence presented and the judgment of the Tribal Court.
(b) This decision form shall be placed in the case file
as an official document of the Tribal Court.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-70 RULES OF THE TRIBAL COURT
1-70-010 Preparation of Rules - The Chief Judge may prepare Rules
of Court concerning conduct in the Tribal Court. Such
Rules may include, but are not limited to, the time and
place of Tribal Court and Tribal Commercial Court
sessions, decorum in court and other matters which will
make the Tribal Court function more efficiently. Such
Rules shall supplement, but may not conflict with, other
court procedural rules ordinances or other enactments of
the Tribe.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-70-020 Approval of Rules - The Rules of Tribal Court shall be
reviewed by the Tribal Council and become effective upon
approval by the Tribal Council.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-70-030 Amendment of Rules - The Rules of Tribal Court may be
amended upon the recommendation of the Chief Judge of the
Tribal Court by a resolution of the Tribal Council. Such
a resolution should specify which rules are superseded
and include the text of the new rules.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-70-040 Sanctions -
(a) The Tribal Court may require observance of the Rules of Tribal Court, this Code and/or any court procedural rules adopted by the Tribe before taking any action in a case.
(b) Where any party to a case before the Tribal
Court suffers actual monetary damages,
including fees to a representative, due to
delay in the proceedings or any other reason,
because of the failure of another party in
such case to obey the Rules of Tribal Court,
this Code and/or any court procedural rules
adopted by the Tribe, the injured party may
sue to recover their actual damages.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-80 PRACTICE BEFORE THE TRIBAL COURT
1-80-010 Right to Represent Oneself or Have a Representative as Counsel -
(a) Parties to cases before the Tribal Court shall have the right to represent themselves without the assistance of counsel, unless the court in which their case is being heard determines that such parties are not competent to proceed without a representative.
(b) Parties to any case before the Tribal Court may
employ a representative as counsel to help present
their case.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-80-020 Who May Be a Representative -
(a) Any person may be the representative of a party to a case before the Tribal Court or the Tribal Commercial Court and may appear on behalf of such party upon payment by each representative of a $50.00 fee to the Clerk, before each case in which such representative appears before the Tribal Court, and subscribing to the following oath: "I, , do hereby (swear/affirm) that I am familiar with the Constitution and Bylaws and the Law and Order Code of the Las Vegas Paiute Tribe and that I will conduct myself with honor and integrity towards those I represent and with respect before the Tribal Court."
(b) A list of persons who have fulfilled the requirements of this section shall be kept by the Clerk.
(c) A relative or close friend of a party to any case
before the Tribal Court who is not compensated for
his efforts may represent such party without
payment of the fee required under 1-80-020(a).
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-80-030 Representative's Right to Appear -
(a) A representative may be denied the privilege of appearing before the Tribal Court, permanently or for a stated period of time, on any of the following grounds:
(1) Swearing in Tribal Court to facts known to him to be false; or
(2) Conviction in any court of any offense within a year of the representatives appearance before the Tribal Court.
(b) No representative may be denied the privilege
of appearing before the Tribal Court under 1-80-030(a) of this Code without a hearing
before the Chief Judge of Tribal Court in
which the necessary charges must be proven by
a preponderance of the evidence.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-90 TRIBAL COURT APPEALS
1-90-010 Composition of the Tribal Court of Appeals -
(a) The Tribal Court of Appeals shall consist of a panel of all the judges of Tribal Court except the judge from whose decision the appeal is taken. Such panel shall be composed of at least three (3) judges of the Tribal Court.
(b) When necessary, the Tribal Council shall appoint temporary judges to sit on the Tribal Court of Appeals. Whenever possible such temporary judges shall have experience as Tribal Court Judges.
(c) Nothing in this section shall prevent the Tribal Council from entering into an agreement with other Tribes, reservations and colonies of Nevada Indians whereby Tribal Court judges are shared between the various Tribal Courts for the purpose of hearing appeals. Any such agreement by Tribal Council shall
take precedence over the general provisions
contained in 1-90-010(a) and 1-90-010(b).
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior
version as originally adopted pursuant to Tribal Resolution No.
7/5/77A and all amendments thereto.
1-90-020 Appeal Procedure -
(a) Any party dissatisfied with a decision of the Tribal Court, except the prosecution in a criminal case, may appeal by filing a written notice of appeal with the Clerk within thirty (30) days of the judge's decision. Where a decision is not delivered at a hearing with both parties present, the thirty (30) days does not begin to run until the party who wishes to appeal receives formal notice of the decision.
(b) Upon receiving the notice of appeal, the Clerk shall create an appellate case file and transfer the entire record, including any notation indicating the existence of a recording of the proceedings, to the Tribal Court of Appeals.
(c) Whenever possible, appeals shall be decided on the record of the case, including the decision form and any recording of the proceedings, in order to eliminate unnecessary travel and delay. The Tribal Court of Appeals may require a hearing or oral argument if it considers that such would be necessary or helpful.
(d) After the decision by the Tribal Court of
Appeals, one judge thereof shall fill out a
decision form stating the result and reason
for the result on appeal. A copy of the
completed decision form shall be sent to each
party to the appeal by certified mail. The
original form of decision shall be filed in
the appellate case file and remain a part of
the record of the case in any further
proceedings.
Source: Tribal Council Resolution No. 94-021, dated June 21, 1994.
Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Resolution No. 7/5/77A and all amendments thereto.