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 JUDICIARY CHAPTER 1: AUTHORITY, ESTABLISHMENT
CHAPTER 2: ELECTION, APPOINTMENT AND REMOVAL OF JUDGES
CHAPTER 3: GENERAL COURT PROCEDURES
CHAPTER 5: COURT PERSONNEL POLICIES
CHAPTER 6: RELATIONS WITH COURT
1.1.01 Authority This Law and Order Code, Title 1, Judiciary, is adopted pursuant to the authority granted to the Hoopa Valley Tribal Council by the Hoopa Tribal membership through a referendum election held March 1, 1983. The short title of the Hoopa Valley Tribe's Law and Order Code shall be cited as the "Hoopa Valley Tribal Code" and shall be referred to in court documents by title and section number, e.g., 1 Hoopa Valley Tribal Code § 1.1.01. 1.1.02 Establishment of the Tribal Court and Appellate Court Through the authority of Section 1.1.01 of this Code, the Hoopa Valley Tribal Council does hereby establish and adopt this Law and Order Code of the Hoopa Valley Tribe and does establish the Hoopa Tribal Court and Appellate Court. 1.1.03 Establishment of the Judicial Committee The Tribal Council shall appoint a five (5) member committee to review and comment on Tribal Codes and Legislation that will be enforced by the Tribal Court. The Council will develop policies and procedures regarding how the Judicial Committee will function. The Judicial Committee will have no authority in the areas of screening of Judges for elections. 1.1.04 Jurisdiction (a) Territory. The jurisdiction of the Hoopa Valley Tribal Court and the effective area of this Code shall include all territory within the Hoopa Valley Indian Reservation, as defined by Article 1 of the Hoopa Tribal Constitution, including fee patents, allotments, assignments, roads, waters, bridges and lands used or maintained for Tribal [agency] purposes, and existing and future lands outside the boundaries of the Reservation owned or controlled by the Hoopa Valley Tribe for the benefit of its members. (b) Personal; Subject Matter. The Hoopa Tribal Court shall have jurisdiction of all suits involving persons whose residence is within the jurisdictional territory defined by this code; all other suits in which the party has been deemed to have consented to submission to the jurisdiction of the Tribal Court, or in which the events giving rise to the action occurred within the territory so defined. (1) Implied Consent. Any person entering the tribal lands of the Hoopa Valley Indian Reservation as defined in subsection (a) of this Rule, shall be automatically subject to the jurisdiction of the Hoopa Valley Tribal Court. (c) Constitution; Civil Rights. The Court shall have exclusive jurisdiction to construe and enforce provisions of the Constitution and Bylaws of the Hoopa Valley Tribe, to deal with alleged violations of the Indian Civil Rights Act of 1968 (ICRA), 25 U.S.C §§ 1301-1303, to enforce the ICRA where tribal agencies or officers act outside the scope of their authority, and to review actions of the Tribal Council for compliance with the ICRA. Such jurisdiction shall be found for the purposes of granting declaratory and injunctive relief. (d) Sovereign Immunity; Waiver. The Court shall have no jurisdiction over any suit brought against the Tribe for money judgments without the consent of the Tribe. Nothing contained within this Code shall be deemed to constitute a waiver or renunciation of the sovereign immunity of the Tribe to suit. Such consent or waiver must be expressly made by the Hoopa Valley Tribal Council by majority vote through passage of an ordinance, by resolution, by entering into a written contract which provides for such waiver, or other means adopted by the Hoopa Valley Tribal Council. 1.1.05 Concurrent Jurisdiction The jurisdiction invoked by this Code over any person, cause of action, or subject shall be concurrent with any valid jurisdiction over the same of the courts of the United States, any state, or any political subdivision thereof; provided, however, this Code does not recognize or cede jurisdiction to any other political or governmental entity in which jurisdiction does not otherwise exist in law. 1.1.06 Prior Inconsistent Codes and Ordinances Repealed Any and all codes and ordinances of the Hoopa Valley Tribe adopted prior to or which conflicts in any way with the provisions of the Law and Order Code, Titles 1, 2, and 3 as amended, are hereby repealed. 1.1.07 Amendment of Law and Order Code This Law and Order Code, Titles 1, 2 and 3, may be amended with notice, but such changes shall not be interpreted so as to prejudice the rights of parties in pending cases. Amendments and additions to this Law and Order Code shall become a part of the Code for all purposes and shall be codified and incorporated herein in a manner consistent with the numbering and organization of the this Code. (a) It shall be the duty of the Chief Judge of the Tribal Court enact or amend such rules as he/she believes to be necessary in the interests of improved judicial procedures. Any judge of the Court or any member of the Tribal Court Bar may recommend such a proposed enactment or amendment. The Chief Judge will first submit all recommended enactment's or amendments to the Tribal judiciary and the Tribal Court Bar for comment. The Chief Judge shall then submit the proposed enactment or amendment with comments to the Judicial Committee for 30 day review. The Judicial Committee will review the proposed enactment or amendment for the purposes of determining its constitutionality and fairness and to verify that the proposal does not conflict with any other section or rule in the Code. The Judicial Committee, after reviewing the proposed enactment or amendment and after reviewing all comments, shall submit any recommendations to the Chief Judge within 10 days after the 30 day review period has expired. The Chief Judge shall review the recommendations of the Judicial Committee and may, but is not required to, adopt the recommendations before enacting or amending such rules. The rules governing Tribal Court procedure, enacted in the manner described above, will be made a part of this Code. [See, Title 3, Rule 1] (b) Rules Not Announced. Where the Law and Order Code does not expressly address a question, and it is necessary for the proper adjudication of an action before the Court, the Court may adopt a rule, giving prior notice to the parties, and may issue any order to accomplish substantial justice. Such a rule shall only apply to the hearing for which it was adopted. 1.1.08 C.F.R. No Longer Applicable Any and all provisions of the Code of Federal Regulations, Title 25, as presently constituted or hereafter constituted which deal with subjects covered in this Law and Order Code or are otherwise inconsistent with or in conflict with the provisions of the Law and Order Code or the spirit of this Law and Order Code are declared to be no longer applicable to the Hoopa Valley Indian Reservation. 1.1.09 Codification Any law, enactment, resolution, code, or ordinance duly approved and adopted by this Tribal Council which are intended to be included in the Hoopa Valley Tribal Codes and enforced by the Hoopa Tribal Court, shall be codified pursuant to the numbering and organization of this Law and Order Code. Failure to codify for inclusion of any law, enactment, resolution, code, or ordinances shall not effect its validity. Under no circumstances shall any duly approved and adopted measure remain uncodified for a period of more than six (6) months from date of adoption. It shall be the responsibility of the Hoopa Valley Tribal Council to assure the continued updating of this Hoopa Law and Order Code. 1.1.10 Court Evaluation At the end of each fiscal year, the caseload of the Tribal Court for the previous year shall be evaluated. The evaluation shall include consistency with the Tribal Codes, acceptable court procedures, compliance with proper court authority, and any other proper consideration for court performance. The cost of the evaluation shall be borne by the Tribal Council by contract with an organization such as the National American Indian Judges Association. 1.1.11 Court Training Session The Tribal Council will at least annually sponsor and pay for a Tribal Court Training session to be held on or near the Hoopa Valley Indian Reservation. The purpose of the training session will be to familiarize prospective spokespersons and prospective pro-tem judicial candidates of the rules of court, rules of civil procedure, rules of evidence, trial procedure, and tribal law. The training session will be open to any person wishing to attend and each person may be charged a registration fee to help off-set the costs to the Council. CHAPTER 2: ELECTION, APPOINTMENT AND REMOVAL OF JUDGES 1.2.01 Number of Judges and Manner of Selection The Hoopa Valley Tribal Court shall consist of one elected Chief Judge. One or more Judges Pro Tem may be appointed by the Chief Judge as provided in Section 1.2.04. 1.2.02 Bonding Before taking office, each judge of the Tribal Court shall, at tribal expense, post bond in an amount determined by the Tribal Council, or shall be covered by the Tribe's blanket bond. 1.2.03 Term The Chief Judge shall be elected by the Tribal membership for a 4 year term; provided that the first elected Chief Judge shall be elected for the period set out in section 1.2.8 below. Judges Pro Tem shall be appointed by the Chief Judge for terms that do not exceed six months. The terms of Judges Pro-Tem may be renewed by the Chief Judge. 1.2.04 Judges Pro-Tem (Amended 01/21/99) Whenever the need arises, the Chief Judge may make temporary appointments of persons who otherwise meet the qualifications in this Chapter, to serve as Trial or Appellate Judges Pro-Tem. The Chief Judge may, in his/her sound discretion, appoint more than one judge pro tem thereby creating a pool of qualified judges pro tem from which one may from time to time be selected as circumstances dictate. All pro tem judges, except those persons who serve as judges for other Indian Reservations, shall meet the requirements of Section 1.2.7, subdivisions (1), (2), (3), (5) and (6). 1.2.05 Non-attorney Judge's Clerk If the person elected as Chief Judge is not a licensed attorney, a law clerk shall be hired by the Chief Judge to assist in carrying out judicial responsibilities. Minimum qualifications for the Judge's clerk shall include: (a) a law degree; (b) at least two years full-time experience working as an attorney, law clerk or paralegal with strong background in legal research and writing; (c) excellent communications skills; (d) excellent working knowledge of court operations and civil procedure, and (e) must pass the same test as is required of judges. The law clerk's contract of employment shall be co-terminus with the term of the Chief Judge. 1.2.06 Compensation Each judge shall be compensated pursuant to a written contract with the Hoopa Valley Tribal Council. Under no circumstances shall any judge's compensation be reduced during his or her current term of office. Compensation shall be according to the following schedule: (a) The Chief Judge shall be compensated in an amount equal to the salary of the Tribal Chairman at the time of the Chief Judges' election; such salary shall be prorated on an hourly basis for less than full-time work, defined as forty (40) hours per week. An additional amount shall be appropriated annually and available for training of the Chief Judge and for a research assistant and consultative services for all tribal judges. The elected Chief Judge shall receive all fringe benefits accorded the Chairman. To the extent it is not inconsistent with his or her duties as a Tribal judge, the Chief Judge may engage in the practice of law or any other type of employment. (b) Judges Pro-Tem shall be compensated at negotiated hourly rates. 1.2.07 Eligibility (Amended 01/21/99) To be eligible to serve as a judge of the Tribal Court, and in order to qualify as a candidate for Chief Judge, a person must: (1) be at least 25 years of age; Each prospective candidate for Chief Judge is required to successfully pass the examination session to be eligible to run for the office of Chief Judge. An incumbent Chief Judge is not required to take the orientation or examination as required by subsections (5) and (6) above. In addition, non-attorney judges who have not previously served as a judge of the Tribal Court shall, after election or appointment and prior to assuming office, at the expense of the Tribal Court, successfully complete a special court or tribal court jurisdiction course. 1.2.08 Screening by Election Board and Conduct of Elections The Election Board shall screen all candidates for elected judicial office and all applicants for appointed judicial office and shall certify for election or appointment only those candidates or applicants who meet the qualifications set forth in this chapter. The Election Board shall conduct elections for Chief Judge. The time of the primary and general election of the first judge's election in accordance with this revised Chapter 2.0 shall be held as soon as can be reasonably scheduled, but in no case later than the end of 1995; no person may be elected Chief Judge except upon receiving more than 50% of the votes cast in either the primary or a run-off in the general election. Thenafter, all judicial elections shall be held at the time of the tribal primary and general election commencing with said elections in 1998; provided that if necessitated by the resignation, death, or removal of an elected judge, a special election shall be called not less than ninety (90) days after said resignation, death or removal, unless it occurs within sixty (60) days of a previously scheduled tribal election, in which case the special election shall be held at that time; provided further that said Chief Judge shall serve out the remainder of the 4 year term of the resigned, deceased or removed Judge; provided further that until a new judge is elected and sworn into office, the Tribal Council shall appoint a Judge Pro-Tem. 1.2.09 Conflict of Interest; Nepotism Any judge of the Tribal Court or Appellate Court shall be disqualified to act as such in any case in which he or she has any direct interest, and shall not take part in the deliberation or determination of any matter (1) affecting his or her spouse, son, daughter, sister, brother, mother, father, granddaughter, grandson, grandmother, grandfather, aunt, uncle, niece, or nephew or any of the following in-laws: son, daughter, brother, sister, mother, or father; or (2) where for any other reason the judge cannot be impartial; or (3) where the judge finds that a reasonable person would believe that the Judge could not be impartial. 1.2.10 Disqualification of Judge Any party to a case may bring a motion for disqualification based upon any grounds set forth in the preceding section. The Court shall conduct a hearing on the motion. If the Court grants the motion, the matter shall be transferred to a Judge Pro-Tem. If no Judge Pro-Tem is currently appointed, the Tribal Council shall appoint one, upon notification from the Court. If the Court denies the motion, it shall do so by written order setting forth the reason for denial. The moving party may then appeal. See also, section 1.3.04. 1.2.11 Removal of Judges Removal of any judge by the Tribal Chairman shall be automatic upon receipt of proof of a felony conviction at any time, or a misdemeanor conviction involving moral turpitude, corruption or dishonesty within ten years of election to office. Otherwise, the elected judge shall be subject to removal by recall election, or any other means provided for in the Tribal Law and Order Code. 1.2.12 Judicial Cooperation Judges and personnel of the Tribal Court shall cooperate with federal and state courts and agencies to the extent such cooperation is consistent with Tribal law. 1.2.13 Administrative Responsibilities The Chief Judge shall be responsible for administering the Hoopa Valley Tribal Court. The Chief Judge's responsibilities shall include, but not be limited to, the administration of the Tribal Court budget; entering into contracts for funding; contracting with judges Pro-Tem, and contracting with the parties or organizations necessary to provide the judicial services of a Court of Appeals. 1.2.14 Oath of Office Before taking office, and in the presence of the Tribal Chairperson, all Tribal Judges shall be required to take the following oath of office: Tribal Judge's Oath I, _________________, do solemnly swear: ____________________________ Subscribed and sworn before me this __ day of ________, 2000. ____________________________
By written resolution, the Tribal Council may enter into agreements with other Indian tribes to establish and participate in an organization which makes court personnel and/or administrative services available to participating tribes. In the event of such an agreement, such personnel shall be appointed, compensated, and removed, or payment for such services shall be accomplished, as provided for in the intertribal agreements. CHAPTER 3: GENERAL COURT PROCEDURES 1.3.01 Sessions of Court Sessions of the Tribal Court for the trial of cases shall be held in open court by the Chief Judge, or in case of his/her disability, absence , or unavailability, by a Judge Pro-Tem, provided, however, that a Judge Pro-Tem may be called in to hear cases at any time for any reasonable cause by the Chief Judge. 1.3.02 Acting Chief judge The Chief Judge of the Tribal Court shall designate, in writing, a Judge Pro Tem to act as Chief Judge whenever the Chief Judge is absent from the Reservation, is on vacation, ill, or otherwise unable to perform the duties of his/her office. The Acting Chief Judge may exercise all powers of the Chief Judge. The elected Chief Judge may at any time change his/her designation of the judge empowered to act as Chief Judge. 1.3.03 Rules of Court - Procedures The time and place of court sessions, and all other details of judicial procedure shall be governed by Title 2, Civil Actions, and Title 3 Rules of Court, promulgated as herein provided. The rules of court are subject to change by the Court with notice, but such changes shall not be interpreted so as to prejudice the rights of parties in pending cases. 1.3.04 Disqualification of Judge A defendant, or other party, to any proceedings may accomplish a change of assignment of his/her case from one judge to another upon filing an affidavit of prejudice with the Court, giving satisfactory reason for such change. Such affidavit shall be in written form and must be filed with the Court within twenty (20) days of assignment to the judge or in the case of the non-moving party, within twenty (20) days of re-assignment following disqualification of the first judge. The initial judge shall pass on the adequacy of the affidavit of prejudice and enter the appropriate order, either hearing the case or reassigning it to another judge. Such an order may be appealed immediately under the appellate procedures set out in this Code, and all further actions in such a case will be stayed pending the outcome of that appeal. Only one such change shall be allowed. In no event shall the trial judge allow any action as set out in this section to influence his/her impartiality in any case or to any person. 1.3.05 Means to Carry Jurisdiction into Effect When jurisdiction is vested in the Court, all the means necessary to carry into effect are also given, subject to the provisions of the Constitution and Bylaws of the Hoopa Valley Tribe and applicable federal law. 1.3.06 Annual Budget The Tribal Court shall be funded by the Tribe through an annual appropriation. Additional funding may be obtained through the levy of fines or fees. Federal, State or private grants may also be used to fund Court operations. The Tribal Council shall establish a base funding amount which shall be the basis for each annual appropriation. The base funding level shall not be decreased unless there is a significant reduction in total funds available to the Tribe for budgetary purposes or if Federal, State or private grants provide for the funding of the Court. The Chief Judge may request additional funding from the Tribal Council. If the Tribal Council grants an increase, said increase shall not be considered a change in the base funding amount, unless specifically stated in the appropriation language. The Chief Judge shall be responsible for the efficient operation of the Tribal Court. The Chief Judge may expend funds for salaries and fringe benefits, capital additions, and operational expenses as he/she deems appropriate to meet the goals and objectives of the Court. All costs associated with the operation of the Tribal Court must be within the limits of the funds appropriated annually by the Tribal Council. 1.4.01 Court of Appeals; Supreme Court (a) A panel of three judges shall sit as a Court of Appeals to hear appeals from final judgments, sentences and other final orders of the Tribal Court. (b) The Tribal Court shall act as the Court of Appeals to hear appeals of TERO Commission decisions. In the event that the Tribal Court acts as the Court of Appeals, the Court of Appeals will hear the appeal of the Court of Appeals as the Hoopa Tribal Supreme Court. The decision of the Hoopa Tribal Supreme Court shall be a final decision. 1.4.02 Appellate Panel The appellate panel provided for herein shall consist of judges appointed by or contracted with by the Chief Judge. The Tribal Judge originally hearing the case shall not sit on the appellate panel. 1.4.03 Appellate Court Chief Judge The Chief Judge of the Tribal Court shall serve as Chief Judge of the Appellate Court unless disqualified. In which case, the Chief Judge shall appoint or elect one of other appellate court members to serve as Acting Chief Judge. The Appellate Court Chief Judge shall preside over all appellate hearings and shall execute all documents related to the case, if of the majority view. In those cases where the Chief Judge is not the majority view, the judges who are of such view shall designate one of their number to execute all necessary documents. Any dissenting judges shall have an opportunity to present their written minority opinion of the case. 1.4.04 Conflict of Interest No person shall be qualified to sit on a panel of the Court of Appeals in any case wherein he/she has any direct interest or as provided in Section 1.2.08 of this Code. 1.4.05 Decisions The appellate panel may either affirm the judgment as entered, modify it, or reverse the judgment by the majority vote, and its decision shall be final. CHAPTER 5: COURT PERSONNEL POLICIES 1.5.01 Tribal Personnel Policies Generally The Personnel Policies of the Hoopa Valley Tribe shall apply to all Tribal Court personnel except where they may conflict with this Code. 1.5.02 Exempt Employees Judges and Clerks of the Tribal Court shall be exempt from such provisions of the Tribal Personnel Policies to the extent such provisions are covered or intended to be covered in this Code. 1.5.03 Holidays Except in unforeseeable situations, holidays to be honored by the Tribal Court will be those holidays observed by the Hoopa Valley Tribal Council included as part of the Tribal Personnel Policies. 1.5.04 Court Hours Regular office hours for the Tribal Court office will be Monday through Friday of each week from 8:00 a.m. to 5:00 p.m. Any Trial Judge hearing a case shall have the discretion to designate a time most convenient to hear the case. The Tribal Court calendar scheduling shall have precedent over any request by either party in the case. 1.5.05 Implied Consent Any person applying for an office within the Tribal Court must consent to any and all measures necessary to confirm that person's qualifications and criminal record as may be required in this Code. CHAPTER 6: RELATIONS WITH COURT 1.6.01 BIA Employees No employee of the Bureau of Indian Affairs shall obstruct, interfere with or control the functions of the Tribal Court, nor shall he/she influence such functions in any manner except as permitted by this Code or in response to a request for advice or information from the Court. Employees of the Bureau of Indian Affairs, particularly those who are engaged in social service, health and education work, may assist the court, upon its request, in the proper treatment of individual offenders. CERTIFICATION I, the undersigned, as Chairman of the Hoopa Valley Tribal Council so certify that the Hoopa Valley Tribal Council is composed of eight (8) members of which () members were present, constituting a quorum, at a regular meeting thereof; duly and regularly called, noticed, convened and held this day of , 2000; and that this Ordinance was adopted by a vote of () for, () opposed, and zero (0) abstaining; and that since approval, this Ordinance has not been rescinded, amended, or modified in any form. DATED THIS 11th DAY OF AUGUST , 1998. _______________________________
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