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Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 1 - GENERAL PROVISIONS
1-1-1 Constitutional Authority This Code is adopted pursuant to the authority vested in the Colville Business Council under Article V of the Constitution of the Colville Confederated Tribes.
Any Code or Ordinance of the Tribes which conflicts in any way with the provisions of this Code is hereby repealed to the extent that it is inconsistent with or is contrary to the spirit or purpose of this Code.
Any provision of the Code of Federal Regulations, Title 25, Part 11, as presently constituted or hereafter constituted which deals with the subjects covered in this Code or is otherwise inconsistent with or contrary to the spirit or purpose of this Code is declared to be no longer applicable to the Reservation.
This Code may be amended in the manner provided in the Colville Tribal Business Council Rules of Procedure. Amendments and additions to this 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 this Code.
The adoption of any law, Code or other document by reference into this Law and Order Code shall in no way constitute a waiver or cession of any sovereign power of the Colville Confederated Tribes to the jurisdiction whose law or Code is adopted or in any way diminish such sovereign power, but shall result in the law or Code thus adopted becoming the law of the Colville Confederated Tribes.
Except as required by a federal law, or the Constitution of the Colville Confederated Tribes, or as specifically waived by a resolution or ordinance of the Council specifically referring to such, the Colville Confederated Tribes shall be immune from suit in any civil action, and their officers and employees immune from suit for any liability arising from the performance of their official duties.
The following principles of construction will apply to all of the Law and Order Code unless a different construction is obviously intended:
1-1-40 Establishment of Court A Court is hereby established for the Reservation, to be known as the Colville Tribal Court.
1-1-70 "Colville Tribal Court Jurisdiction" Defined The jurisdiction of the Tribal Court and the effective area of this Code shall include all territory within the Reservation boundaries, and the lands outside the boundaries of the Reservation held in trust by the United States for Tribal members of the Tribes, and it shall be over all persons therein. Provided, however, that criminal jurisdiction of the Court shall not extend to trial of non-Indians. It shall include jurisdiction over all persons subject to the jurisdiction of the Tribes when fishing or hunting under Tribal authority in the area ceded under the 1891 North Half Cession Agreement, as ratified by the Act of June 21, 1906 (34 Stat. 325). To the greatest extent permissible by law, the jurisdiction of the Tribal Court shall apply to all persons on lands in the North Half and on other lands were the Colville Confederated Tribes may be authorized to enforce its interests or rights and members asserting rights held by the Tribe without regard to location.
The jurisdiction invoked by this Code over any person, cause of action or subject shall be exclusive and shall preempt any jurisdiction of the United States, any state, or any political subdivision thereof; except in those instances in which federal law provides otherwise. This Code does not recognize, grant or cede jurisdiction to any other political or governmental entity in which jurisdiction does not otherwise exist in law.
1-1-100 Chief Judge and Associate Judges, Bonding The Tribal Court shall consist of one Chief Judge whose duties shall be regular and permanent and at least two Associate Judges who may be called into service when the occasion arises. Among other duties assigned by the Business Council and this Chapter, Associate Judges shall preside over court proceedings as assigned by the Chief Judge, sign court documents, complete case dispositions, monitor court officer conduct to maintain respect due to the Court and abide by the Tribes' Judicial Code of Conduct. All judges shall be bonded.
Each judge shall be appointed by the Council and shall be compensated on a basis to be determined by the Council. Each judge appointed by the Council shall hold office for a period of four years, unless sooner removed for cause as provided in this subchapter or by reason of the abolition of the office, but shall be eligible for reappointment.
All judges and personnel of the Tribal Court shall cooperate with all branches of the BIA with all federal, state, county and municipal agencies, when such cooperation is consistent with this Code, but shall ever bear in mind that their primary responsibility is to the people of the Tribes.
During tenure in office, a judge may be suspended, dismissed or removed for cause by a vote of the Council. Copies of a written statement setting forth the facts and the reasons for such proposed action must be delivered to the judge and to members of the Council at least ten (10) days before the meeting of the Council before which he is to appear. A hearing shall then be held by the Council wherein the accused judge shall be given an adequate opportunity to answer any and all charges. Causes judged sufficient for removal shall include, by way of example and not limitation:
The decision of the Council shall be final. Action taken under or interpretation of this section shall be consistent with Amendment X of the Constitution and By-laws of the Colville Confederated Tribes.
(Amended 2/7/85, Resolution 1985-67)
(Amended 9/7/76, Resolution 1976-554)
(Adopted 2/22/83, Resolution 1983-140)
In addition to judges provided by this Chapter, the Business Council may appoint, up to three (3) magistrates to exercise the powers provided for herein. Such person must meet all the requirements of this Chapter and shall be bound by all the provisions herein. Provided however, that such persons need be over twenty-one (21) years of age. Such persons shall have the power to issue search or arrest warrants, receive bail, set the amount of bail where no amount has been set by tribal law or the Chief Judge, and set and continue trial dates. Magistrates shall exercise these powers when assigned to them by a Tribal Judge or at any time a Tribal Judge is not reasonably available. Any such action of a magistrate shall be subject to review and modification by any judge of the Tribal Court. The term of office, compensation, and removal of magistrates shall be governed by the provisions of this Chapter applying to judges. (Adopted 2/17/96, Resolution 1976-111)
In emergency situations, where a judge from the Tribal Court cannot be available, a judge, from an established Tribal Court, or an Indian Reservation may hear cases and attend to other court duties until a Colville Tribal Judge again becomes available. Such Judge Pro-tem shall be selected by the Business Council. Payment for the Judge Pro-tem shall be as provided by the Business Council. (Amended 2/2/76, Resolution 1976-81)
1-1-140 Sessions of Court (a) Sessions of the Court for the trial of cases shall be held by the Chief Judge, or in case of his disability, absence or unavailability, by an associate judge, provided, however, that an associate judge may be called in to hear cases at any time for any reasonable cause by the Chief Judge. In the case of disability, absence or unavailability of both the Chief Judge and the associate judges, the Chief Judge shall appoint a trial judge from the current list of pro-tem judges who have presided in the Colville Tribal Court as an appellate judges. In the case of recusal of the Chief Judge, the Court Administrator shall select a name from the above-referenced list. (b) Upon the assignment of a case to a judge other than a Chief Judge or associate judge, notice shall be given to all parties of the assignment. The parties will then be given the opportunity to file a written objections, within seven (7) days after receipt of notice, stating: 1) the party seeking the objection; 2) the reason for the objection; and 3) a request for reassignment. (c) If recusal is made by an associate, the Chief Judge shall review the matter and make a determination. If recusal is made by the Chief Judge, an associate shall make a determination. If recusal is made by both the Chief Judge and the associate judges, the Court Administrator shall automatically reassign the matter to another pro-tem on the list. The determination of whether or not to assign to another pro-tem judge is within the sole discretion of the reviewing judge. Each party is limited to one such objection per case. (Amended 9/19/85, Resolution 1985-462) The Chief Judge of the Court shall designate, in writing, one associate judge 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 office. The acting Chief Judge may exercise all the powers of the Chief Judge. The duly appointed Chief Judge may at any time change his designation of the judge empowered to act as Chief Judge. In the event that the Chief Judge fails to designate a judge to act in his absence, the Council shall designate an associate judge as acting Chief Judge.
The time and place of court sessions, and all other details of judicial procedure not prescribed by the regulations of this Code shall be governed by Rules of Court promulgated as herein provided. It shall be the duty of judges of the Court to make recommendations to the Council for enactment or amendment of such Rules of Court as they believe to be in the interests of improved judicial procedures. Rules of Court, enacted, or amended in the above manner, will be made a part of this Code, but failure to so codify them shall not affect their validity.
Any party to any legal proceeding hereunder, including trials and appeals, may accomplish a change of assignment of his case from one judge to another upon filing an Affidavit of Prejudice with the Court, giving satisfactory reasons for the change. The Affidavit shall be in written form and must be filed with the Court before any trial action whatever has been taken by the initial judge. The initial judge shall refer the affidavit to another judge for decision. Such an order of the Trial Court may be appealed immediately under the procedures established in the subchapter on Appellate Proceedings of this Chapter, and all further actions in the case will be stayed pending outcome of the appeal. Only one such change will be allowed. Such an order of the Appellate Court shall not be appealable.
When jurisdiction is vested in the Court, all the means necessary to carry into effect are also given and in the exercise of this jurisdiction, if the course of proceeding is not specified in this Code, any suitable process or mode of proceeding may be adopted which appears most conformable to the spirit of Tribal Law.
There is within the Colville Tribal Court an Office of the Court Administrator whose duties shall be to:
(Passed
7/6/89, Resolution 1989-513)
1-1-180 Spokesmen Appearing in Tribal Court Any person appearing in Court shall have the right to a spokesman, at his own expense, to assist him in presenting his case, provided that such spokesman shall first have been admitted to the Tribal Court Bar. The Court may appoint a spokesman to assist any person, if in the discretion of the Court, it appears necessary to protect such person 5 rights. A spokesman need not be an attorney.
To be admitted to the Tribal Court Bar, a person must:
The oath which all persons desiring to appear as spokesmen in the Court shall take is as follows: "Spokesman's Oath" Colville Indian Reservation, ss. I, _____________ do solemnly swear:
Subscribed and sworn to before me this ___ day of , 20__.
The clerk of the Court will maintain a roster of all spokesmen admitted to practice before the Court. The clerk will also keep on file the signed oaths of all such persons.
Every
person wishing to appear as a spokesman in the Tribal Court will pay
an admission fee of $25.00 and an annual fee thereafter of $15.00.
(Amended
2/22/83, Resolution 1983-143) Any spokesman violating the Spokesman's Oath shall be subject to disbarment. The Judge shall prepare in writing a complaint against such spokesman, including reasons for disbarment. Within ten (10) days of receipt of such complaint, the Council shall hold a hearing at which time the spokesman involved may present witnesses and a defense of his actions. The decision of the Council shall be final.
Any spokesman failing to maintain the respect due the Tribal Court or engaging in offensive conduct in the courtroom shall be deemed guilty of contempt of court and subject to immediate sentencing by the judge to imprisonment for a period not to exceed three (3) days, or a fine not to exceed $ 100.00, or both the jail sentence and fine.
Any person denied admission to the Tribal Court Bar or any spokesman found guilty of contempt of court by the judge may appeal in accordance with the subchapter on Appellate Proceedings under this Chapter. Such person or spokesman shall have the right to a hearing within ten (10) days of his denial or conviction and shall have the right to present witnesses and present a defense. The decision of a majority of the Appellate Court shall be final.
1-1-220 Eligibility of Jurors A list of eligible jurors shall be prepared by the Council each year. The Rules of Court shall make provision for the drawing of names eligible for service as jurors. Any tribal member who is at least 18 years of age and who has resided on the Reservation for at least one (1) year shall be eligible to be a juror. A person may decline jury duty upon good cause shown to the judge. Sitting members of the Colville Business Council shall be prohibited from serving as jurors because of the potential for conflict of interest. (Adopted 4/6/95, Resolution 1995-277) In emergency situations where there is a shortage of jurors the Tribal Court may use on campus tribal member employees as prospective jurors. (Amended
2/1 5/01 , Resolution 2001-082) In any case a jury shall consist of six (6) jurors drawn from the current list of eligible jurors by the Court clerk or judge.
Any party to the case may challenge and have dismissed not more than three jurors selected from the list of eligibles without cause, but there shall be no limit to challenges for cause. The judge shall decide as to the sufficiency of a challenge for cause.
The judge shall instruct the jury in the laws governing the case, and the jury shall decide in accordance with this Code. The judge will render judgment in accordance with the verdict and existing law.
Every person who is required to attend Court for selection or service as a juror shall be entitled to a fee of $20.00 a day for each day his services are required in Court, plus the current approved tribal mileage rate for traveling to and from the Court.
1-1-250 Subpoenas A judge of the Court or the court administrator shall issue subpoenas for the attendance of witnesses either on his or her own motion or on the request of the Police Chief or officer, or any of the parties to the case which subpoena shall bear signature of the judge or Court Administrator issuing it. Service of such subpoena shall be by a regularly acting member of the police department or by a person appointed by the Court for that purpose. (Amended 5/24/82, Resolution 1982-294) Each witness answering such subpoena shall be entitled to a fee of $20.00 a day for each day his services are required in Court, plus the current approved tribal mileage rate for travel to and from the Court. Witnesses who testify voluntarily shall be paid their actual traveling and living expenses incurred in the performance of their function by the party calling them. The fees of witnesses in civil actions shall be paid by the party calling them.
If a trial/hearing is continued, for any reason, counsel and/or the defendant must submit to the Court the names of witnesses they wish subpoenaed prior to each time a new trial/hearing is set. (Adopted 4/5/83, Resolution 1983-236)
1-1-280 Court of Appeals A panel of three judges shall sit as the Appellate Court to hear appeals from final judgments, sentences and other final orders of the Trial Court.
There may be established by Rules of Court the limitations, if any, to be placed upon the right of appeal, as to the type of cases which may be appealed, as to the grounds of appeal, and as to the manner in which appeals may be granted, according to the needs of the Tribes.
Grounds for requesting a new trial or limited appeal on issues of law and/or fact shall be limited to one or more of any of the following:
(Adopted 8/15/83, Resolution 1983-602) Within ten (10) days from the entry of judgment, the aggrieved party may file with the Trial Court written notice of appeal, and upon giving proper assurance to the Court, through the posting of a bond or any other way that will satisfy the judgment if affirmed, shall have the right to appeal, provided the case to be appealed meets the requirements established by this Code or by Rules of Court.
A notice of appeal must:
(Adopted 8/15/83, Resolution 1983-603) Unless otherwise provided by this Chapter, in any case where a party has perfected his right of appeal as established by this Code or by Rules of Court, a stay of execution of judgment shall be granted and the sentence shall not be carried out unless and until affirmed by the Appellate Court without good cause to the contrary as determined by the Appellate Court.
Within forty-five (45) days from the date of written notice of appeal, the Appellate Court shall convene for the first time, unless delay is warranted by good cause, to hear the case on appeal at such place as may be designated. At this initial hearing the Appellate Court shall review the record and hear oral arguments of counsel to determine whether or not the facts and/or laws as presented in the appealed case warrant a limited appeal on issues of law and/or facts, whether a new trial should be granted, or whether the appeal should be denied. A new trial shall be held at such time as is scheduled by the Appellate Court, to be no later than twenty (20) days after the initial hearing of the Appellate Court unless delay is warranted by good cause, and the court procedures shall be the same as in other cases before the Tribal Court. (Amended 8/15/83, Resolution 1983-600 & 601) The Appellate Court provided for herein shall include the Chief Judge unless he is disqualified from sitting. The Council shall appoint Judges Pro-Tem as necessary to complete the three-judge panel in accordance with the standards and procedures of this Code. The judge who originally tried the case shall not sit on the Appellate Court.
The Chief Judge of the Court shall serve as Chief Judge of the Appellate Court unless disqualified, in which case the Appellate Court shall elect one of its members to serve as Chief Judge. The Chief Judge shall preside at 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 of the majority view, the judges who are of such view shall designate one of their numbers to execute all necessary documents. In addition to disqualifications provided for in sections 1-1-143 and 1-1-287, no person shall be qualified to sit on a panel of the Appellate Court in any case wherein he has any direct interest or wherein any relative by marriage or blood, in the first or second degree, is a party.
Any party contesting the assessment of any taxes owed to the Tribes, or any party appealing a judgment for taxes owed or a judgment for any other remedy with regard to taxes validly assessed in accordance with the Constitution and By-Laws of the Colville Confederated Tribes, must pay the assessed tax or judgment before he may appeal under this subchapter. Upon the payment of such taxes and upon the posting of a $ 100.00 bond for costs, the appealing party may be granted a stay of execution as to the part of the judgment other than the taxes found to be owing, and that part of the judgment shall not be carried out unless and until affirmed by the Appellate Court. Any forfeiture of seized goods shall be stayed pending the appeal, and the Tribes shall hold the goods in a safe place until the final resolution of the case. If the goods are perishable or threaten to decline quickly in value, the Tribes may sell such goods in a commercially reasonable manner and hold the amount realized until the final resolution of the case.
1-1-320 Clerk The Chief Judge with the concurrence of the Council shall appoint a clerk of the Court. The clerk shall be under the supervision of the Chief Judge. The clerk shall render assistance to the Court, to police officers and to individual tribal members in the drafting of complaints, subpoenas, warrants, and commitments and any other documents incidental to lawful court functions. It shall be the further duty of the clerk to attend and to keep a written record of all court proceedings, to administer oaths to witnesses, and to perform such other duties as the Chief Judge shall designate. The clerk, before entering upon his duties, shall, at Tribal expense, post bond in an amount determined by the Council, or shall be covered by the blanket bond provided for all Tribal employees.
The Court shall keep for its own information and, unless otherwise provided in this Code, for inspection by the general public, a record of all Court proceedings, which shall in each case reflect the title of the case; the names of the parties; the subject matter of the complaint; the names and addresses of all witnesses; the date of the hearing and trial; by whom conducted; the findings of the Court or jury; and the judgment, together with any other facts or circumstances deemed of importance to the case; Provided, that the records of proceedings involving juveniles, adoptions, and proceedings deemed by written order of the Court, after an open hearing on the issue, to be of a sensitive or personal nature to the parties and not of public interest, shall not be open to inspection without Court Order. (Amended 11/19/84, Resolution 1984-731)
The Court shall be provided with copies of this Code, all other enactments of the Council, Rules of Court and all other regulations which may be applicable to the conduct of business of the Court.
1-1-350 Adult The term "adult" as used in this Code shall mean a person 18 years of age or older.
The term "Agency" as used in this Code shall mean the Colville Indian Agency of the United States Department of the Interior, Bureau of Indian Affairs, Nespelem, Washington.
The term "bodily injury" as used in this Code shall mean any physical pain, illness or any impairment of physical condition.
The term "child" or "Minor" as used in this Code shall mean any human of less than 18 years of age unless a lesser age is specified. The term "Code" or "CTC" as used in this Code shall mean this Code and all Ordinances and other enactments of the Council. The term "Tribes" as used in this Code shall mean the Confederated Tribes of the Colville Indian Reservation, Washington.
The terms "Business Council", "Council" or "CBC" as used in this Code shall mean the Business Council of the Colville Confederated Tribes of the Colville Indian Reservation, Washington.
The terms "Court" and "Tribal Court" as used in this Code shall mean the Colville Tribal Court.
The term "deadly weapon" as used in this Code shall mean any explosive or loaded or unloaded firearm or other weapon, destructive device, instrument, material or substance, whether animate or in animate (other than a penknife without a switchblade) which in the manner it is used, attempted to be used, threatened to be used or intended to be used is readily capable of causing death or serious bodily injury. (Transcriptional error corrected 4/18/01) The term "member" or "tribal member" as used in this Code shall mean any enrolled member of the Colville Confederated Tribes.
The terms "Officer", "Tribal Officer", "Police Officer", "Police", "Tribal Police", and "Tribal Law Enforcement Officer" as used in this Code shall mean qualified law enforcement personnel of the Tribes or the Bureau of Indian Affairs.
The term "person" as used in this Code shall mean any natural person, corporation, trust, unincorporated association, partnership, and federal, state, or local governments, agencies or subdivisions thereof.
The term "Reservation" as used in the Code shall mean the Colville Reservation set apart by Executive Order of July 2, 1872, as modified by the Agreement of May 9, 1891. For purposes of the Tribes civil regulatory authority, "Reservation" shall also mean all lands, wherever located, owned by the Confederated Tribes of the Colville Reservation, or any interest in lands held by the Tribes, whether or not such lands or interests are held in trust for the Tribes by the United States, and any lands, wherever located, held in trust by the United States for a member or members of the Colville Tribes. (Amended
8/6/98, Resolution 1998-603) The term "Indian means a person who is recognized by an Indian Tribe as a member of that Tribe or is a descendant of such member.
The term "Indian Tribe" means any Indian Tribe, band, nation or other organized group or community including Alaska Native village, or regional village, corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C §§ 1606-1628) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (Adopted 1/29/80, Resolution 1980-77) The term "signature" as used in this Code shall mean the written signature, official seal or the thumb print or mark of any individual.
In computing any period of time prescribed under this Code, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor 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. (Adopted 9/20/82, Resolution 1982-529)
1-1-400 Contempt of Court Any person failing to maintain the respect due the Tribal Court or engaging in offensive conduct in the courtroom shall be deemed guilty of contempt of court and subject to immediate sentencing by the judge to imprisonment for a period not to exceed three (3) days, or a fine not to exceed $100.00, or both the jail sentence and fine.
Any person may be held in contempt of Court for any of the following reasons:
A civil contempt consists of the willful refusal to perform an act that is yet in the person's power to perform after being ordered by the Court to perform the act, or the failure, in the presence of the Court, to comply with an order of the court or Court rule. Relief in a civil contempt may include:
Compliance with the Tribal Court's order prior to a contempt hearing held in relation to such order shall be a full defense to prosecution for civil contempt for refusal to comply with such order.
(a) Criminal contempt is a past act where a person knowingly or willfully violates a Tribal Court rule or order of the Court. (b) Criminal contempt is a Class B offense as provided by the Criminal Offenses provisions of this Code.
(a) 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 as such may be adjudged and punished summarily as provided in this subchapter. (b) All other contempt's shall be determined at an outside hearing. Notice of the hearing shall be given orally by the judge in open Court in the presence of the defendant, upon the filing of a complaint by the prosecutor, by an order to show cause or the issuance of an arrest warrant. The notice shall state:
(c) In proceedings involving other than direct contempt cases if the charge involved disrespect to or criticism of a judge, such judge is disqualified from presiding at the trial or hearing except with the defendant's consent. If the defendant does not consent the case shall be presided over the any other available Tribal Judge.
1-1-430 Implied Consent Entrance by any person or his property into the Reservation or Tribal Court jurisdiction as defined in this Code, shall be deemed equivalent to and construed to be a consent to the civil jurisdiction of the Tribes and the Tribal Court, and a consent to criminal jurisdiction of the Tribes concerning any legal action pursuant to this Code, and shall further be deemed a consent to service or summons or process by registered mail with return receipt requested at his last known address; provided, however, that criminal jurisdiction of the Tribal Court shall not extend to trial of non-Indians.
(a) The Colville Confederated Tribes shall have civil jurisdiction over:
(b) The Colville Confederated Tribes shall criminal jurisdiction over:
(Amended 6/3/04, Resolution 2004-385)
Service of process upon any person who is subject to the jurisdiction of the Courts of the Colville Tribes of the Colville Reservation, as provided in section 1-1-431 , may be made by personally serving the defendant within or outside to the Reservation in the same manner as provided by CTC § 2-2-70; Provided, however, that if service is made on the defendant outside the Reservation, the defendant shall have thirty (30) days in which to appear and answer the complaint.
(Amended 8/17/89, Resolution 1989-610)
(Passed 9/17/87, Resolution 1987-546) (June 2004 version of Chapter 1-1) GENERAL RULES1-2-1 Conduct All court proceedings shall be conducted in a dignified and respectful manner. All persons addressing the Court shall arise and shall speak in a clear and courteous manner. 1-2-2 Time All trials, both civil and criminal, shall be commenced at a designated time determined by the judge, with reasonable notice of the time being given to the parties. 1-2-3 No Discussion with Jurors No person, including members of the Court's staff, any of the parties or witnesses, or any other person, shall discuss with any known juror, any case pending before him, or which may come before him, either before or during the trial and any juror who has any personal knowledge about the case or who has discussed it with any of the parties, witnesses or Court officials, shall be excused by the judge. 1-2-4 No Discussion with Judge No witnesses or party to any case shall under any circumstances either before or during trial, attempt to discuss any case pending before the Court with any of the judges, except in open court, and with either the clerk or one of the other judges present, and shall under any circumstances attempt to influence the Court's decision unless in the course of regular Court proceedings. 1-2-5 Trial by Jury; Notice to Court (10-day Rule) The Court must be notified by the defendant ten (10) days prior to a scheduled jury trial that a jury trial is still requested, or the right to a jury trial is waived. (Adopted 8/2/82, Resolution 1982-442) 1-2-6 Jury Instructions; When Filed All jury instructions submitted for jury trials must be presented to the Court three (3) days prior to the scheduled jury trial. The instructions must be made available to opposing counsel at this time. (Approved L & J Committee, 3/23/81) 1-2-7 Withdrawal of Counsel—Criminal Whenever a criminal cause has been set for trial, no counsel shall be allowed to withdraw from said cause, except upon written consent of the Court, for good and sufficient reason shown. (Approved L & J Committee, 3/23/81) 1-2-8 Service on Papers Filed Whenever a party files a brief or other legal document with the Court, that party shall serve a copy of the legal document on opposing counsel three (3) days before trial, and file such certificate of service with the Court. (Approved L & J Committee, 3/23/81) 1-2-9 Omnibus Hearing (Pretrial) (a) When a plea of not guilty is entered, the Court may set a time for an omnibus hearing. If the hearing is not set at the arraignment, counsel must request the Court not less than twenty (20) days prior to trial and a hearing shall be set for not less than fifteen (15) days prior to trial. Pretrial motions must be submitted to the Court, with a copy to opposing counsel, not less than three (3) days prior to the omnibus hearing. (b) Failure to raise or give notice at the hearing of any error or issue if which the party concerned has knowledge may constitute waiver of such error or issue. (c) Stipulations by any party shall be binding upon that party at trial unless set aside or modified by the Court in the interests of justice. (d) At the conclusion of the hearing, a summary memorandum shall be made indicating disclosures made, rulings and orders of the Court, stipulations, and any other matters determined or pending. (Adopted 4/5/83, Resolution 1983-236) 1-2-10 Timely Filing of Motions A written motion, including those which may be heard ex parte, shall be filed and served on opposing party no later than five (5) days prior to the time specified for the hearing, unless a different period is fixed by these rules, by order of the Court or for good cause shown. Motions shall be supported by affidavit, which shall be served with the motion. Opposing motions and affidavits shall be filed and served on opposing parties no later than one (1) day prior to the hearing, unless the Court permits them to be filed at some other time. All motions shall cite governing rules and/or laws of the Colville Tribe. (Adopted 5/16/83, Resolution 1983-343) 1-2-11 Applicable Law In all cases the Court shall apply, in the following order of priority unless superseded by a specific section of the Law and Order Code, any applicable laws of the Colville Confederated Tribes, tribal case law, state common law, federal statutes, federal common law and international law. (Adopted 5/16/83, Resolution 1983-342) 1-2-12 Criminal/Civil Recording Tape Retention Tapes used in the recording of criminal and/or civil matters shall be retained by the Colville Tribal Court for a period of not less than three (3) years from the date of the last recorded matter on the tape. (Adopted 1/23/84, Resolution 1984-71) 1-2-13 Criminal File Retention Criminal case files shall be retained by the Court for a period of not less than three (3) years after the date of filing, provided: (b) That all important information (citation date, charges, arrest warrants, final dispositions, completion dates, etc.) are recorded on permanent index cards that will be retained indefinitely by the Court; and (c) That all files shall be disposed of in a manner consistent with regards to destruction of these types of documents. 1-2-14 through 1-2-39 [Reserved] TRIAL PROCEDURE 1-2-40 Impanelling the Jury In cases to be tried to a jury, the jurors shall be selected in advance of trial under a procedure to be established by the Chief Judge. Six members of the jury shall then be seated. 1-2-41 Swearing in Witnesses All witnesses shall be administered an oath by the judge, clerk or bailiff as follows: "Do you swear (or affirm) to tell the truth in the matter now before you?" (Amended 8/17/89, Resolution 1989-611) 1-2-42 Conduct of Trial Plaintiff shall make the opening statement setting forth the charge or claim for relief against the defendant. The defendant shall have an opportunity to make a statement of his position. Upon the conclusion of such statement, the plaintiff shall call such witnesses and produce such exhibits as he may see fit. The plaintiff shall thereafter, in rebuttal, have an opportunity to call such witnesses and produce such evidence as he may see fit to rebut the evidence by the defendant. Both the plaintiff and defendant shall have the right to cross-examine witnesses. 1-2-43 Final Argument Upon the conclusion of the evidence, the plaintiff shall be given an opportunity to argue his case. The defendant shall then be given an opportunity to argue his case, and the plaintiff shall be given an opportunity to make a closing argument. Further argument may be allowed at the Court's discretion. 1-2-44 through 1-2-69 [Reserved] JURY INSTRUCTIONS - JUDGMENTS 1-2-70 Jury Instructions—Applicable Law In all jury cases, after final argument, the judge shall instruct the jury as to the particular section of this Code, or any other applicable law that governs the case and shall read the jury its provisions. Similarly, if a custom of the Tribes governs the case, the judge shall instruct the jury as to the exact custom and manner in which it is to be applied. 1-2-71 Jury Instructions—Civil In a civil jury case, the judge shall instruct the jury that the plaintiff has the burden of proving his case by the greater weight of the evidence and that if they find that he has proved his case by the greater weight of the evidence, then their verdict should be for the plaintiff, but, if on the other hand, they find that he has not proved his case by the greater weight of the evidence, then their verdict should be for the defendant. 1-2-72 Jury Instructions—Criminal In a criminal jury case, in addition to reading the jury the applicable governing law and instructing the jury regarding applicable Tribal customs, the judge shall instruct the jury that the defendant is presumed to be innocent and must be proven guilty beyond a reasonable doubt and that if the jury believes beyond a reasonable doubt that the defendant is guilty, then they should find him guilty, but if they do not believe beyond a reasonable doubt that he is guilty, then they should find him not guilty. 1-2-73 Jury Instructions By a Party In all jury cases, either party may propose instructions to the jury which may be allowed by the judge if he finds that such instructions further the interests of justice. 1-2-74 Jury Instructions—Final In all jury cases, the judge shall instruct the jury that they shall retire to consider the matter and that each juror shall be given an opportunity to state his opinion, that they shall elect a foreman and that their decision shall be by unanimous vote in criminal cases and a majority of at least four in civil matters. 1-2-75 Verdict and Judgment—Jury Trial When the jury members reach a verdict, they shall return the verdict to the judge in open court with the parties present, and the judge shall enter judgment upon the verdict in open court or within a reasonable time after the trial. If the jury is unable to reach a verdict, then a new trial shall be impanelled and the case shall be retried. 1-2-76 Judgment—Non-Jury Trial After final arguments in non-jury cases, the judge shall decide the case and render a judgment in open court or within a reasonable time after the trial. 1-2-77 Appeal Any person aggrieved by the verdict of the jury or the judgment of the Court shall have the right to appeal such decision as provided in the Subchapter on Appellate Proceedings under Chapter 1-1. 1-2-78 Stay Pending Appeal; Bonds If a party is granted an appeal, that party must then, in writing, request a stay of judgment pending the outcome of the appellate procedure. At that time, the appellant must also make provisions for a bond, which is discretionary with the Court. (Approved L & J Committee, 3/23/81) 1-2-79 Limited Appeals A party requesting an appeal can request such appeal to be limited to conclusions of law, or facts based on the trial court record. Such request must be in writing, and must be submitted to the Court at the same time as the Notice of Appeal. (Approved L & J Committee, 3/23/86) CHAPTER
1-3 TRIBAL POLICE AUTHORITY OVER POLICE FUNCTION (b) To be in command of all tribal police officers and employees. (c) To instruct, train and advise tribal police officers in the functions, duties and responsibilities of police officers for the efficient maintenance of law and order on the Reservation. (d) To report to the Council on police activities. (e) To recommend to the Council persons for appointment to and dismissal from the tribal police force. (f) To provide policemen to the Tribal Court to perform bailiff service, transportation of prisoners and service of Court papers. (g) To adopt reasonable regulations for police officers to serve as a standard of conduct to insure the efficient maintenance of law and order. (h) To insure cooperation with other law enforcement agencies. (i) To do such other law enforcement related activities as the Council shall direct. (j) To designate an acting Chief of Police to serve as Chief of Police in his absence.
(b) A willingness and ability to attend police officer training courses as a condition to hiring and continued employment. (c) High moral character and absence of conviction of a felony or Class A offense or any other offense within one year prior to appointment. (d) Preference in hiring shall be given to high school graduates in situations where qualifications are otherwise similar. 1-3-62 Duties The duties of a tribal policeman shall be: (b) To report and investigate all violations of any law or regulation coming to his attention. (c) To arrest all persons for violations of the laws and regulations when sufficient grounds exist for doing so. (d) To lend assistance to other officers. (e) To prevent, whenever possible, violation of the laws. (f) To inform himself as to the Tribal Law and Order Code and all other laws and regulations applicable to the Reservation and to attend such training sessions as the Council or Chief may direct (g) To become familiar with and practice at all times principles of good police procedure. (h) To use no unnecessary force or violence in making an arrest, search or seizure.( (i) To abstain from the use of narcotics or the excessive use of alcohol and to refrain from engaging in any act which would reflect discredit on the Tribes or the tribal police. (j) To refrain from the use of profane, vulgar, insolent or offensive language. (k) To report to his superior officers all deaths or accidents of a serious nature or other events or impending events of importance. (l) To keep all equipment furnished by the Tribes or other government in good repair and order and to report immediately the loss of any or all such property. (m) To obey all regulations which the Chief of Police shall adopt. 1-3-63 Dismissal of Police A policeman can be suspended or dismissed for non-compliance with the provisions of this Code or other violations of regulations or neglect of duty. 1-3-64 Deputizing Tribal police may be deputized by another jurisdiction to aid in the effective law enforcement on the Reservation. Law enforcement officers and other law enforcement or security related personnel from other jurisdictions or other departments or enterprises of the Tribes may be deputized to aid in the enforcement of this Law and Order Code. 1-3-65 Police Training It shall be the goal of the tribal police to attract and retain experienced professional police personnel. To this end the Council and the Chief of Police shall establish minimum standards of training which all police officers will be encouraged to meet. Further, the Chief of Police shall explore, schedule and arrange periodic training and retraining programs for tribal police officers from all available sources. Such programs shall stress not only basic police procedures and techniques but shall also deal with crime prevention, community and public relations, and other appropriate topics. CHAPTER 1-4 OFFICE OF THE RESERVATION ATTORNEY1-4-1 Establishment of the OfficeThe Colville Business Council, exercising its powers under the Constitution of the Confederated Tribes of the Colville Reservation to protect and conserve the sovereignty and resources of the Tribes hereby establishes the Office of the Reservation Attorney (ORA) as a branch of the government of the Tribes. ORA shall be Chief Legal Counsel and Attorneys General to the Tribes. 1-4-2 Client Relationship and Supervision The Office of the Reservation Attorney shall be the chief legal counsel to the Tribes and shall report directly to and shall be supervised and directed by the Colville Business Council and the statutes, laws, regulations, ordinances and resolutions adopted by the Council. The Colville Business Council shall be the principal client of the ORA and the ORA may, by direction in written resolution of the Colville Business Council, represent agencies, instrumentalities, and arms of the Tribes and other persons or entities. 1-4-3 Employment and Termination Attorneys employed in the Office will be employed by the Colville Business Council under a contract as required by 25 U.S.C. §§ 81 and 82, approved where necessary by the secretary of the Interior or the designee of the Secretary, and shall be terminated from employment, where necessary, under provisions set out in the contract. No attorney shall be employed in the Office as an attorney who has not been admitted to practice before the courts of the Tribes. 1-4-4 Terms of Employment The terms of employment for attorneys in the ORA shall be as set out in the federally approved contract between the Colville Business Council and the attorneys. The contract shall set out the compensation, benefits, and other terms of employment and shall not be in conflict with the laws of the Tribes or the United States. 1-4-5 Representation of The Tribes—Sovereign Immunities The ORA shall be entitled to represent the Tribes before all courts and agencies of any government; but shall not be entitled in any circumstance, without written resolution or statute enacted by the Colville Business Council, to waive the sovereign immunity of the Tribes' or any tribal entity. 1-4-6 Officers of the Tribes—Immunities Attorneys employed in the ORA shall be officers of the Tribes and, when acting in their official capacities, shall have all the immunities of officers of the Tribes. (Chapter
1-4 Adopted 09/21/89, Resolution 1989-705)
(Certified 10/02/89) CHAPTER 1-5 COLVILLE TRIBAL CIVIL RIGHTS ACT1-5-1 TitleThis Chapter shall be known as the Civil Rights Act of the Confederated Tribes of the Colville Reservation. 1-5-2 Civil Rights of Persons Within Tribal Jurisdiction The Confederated Tribes of the Colville Reservation in exercising powers of self-government shall not: (b) Violate the right of people within its jurisdiction to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; (c) Subject any person for the same Tribal offense to be twice put in jeopardy; (d) Compel any person in any criminal case to be a witness against himself; (e) Take any private property for a public use without just compensation; (f) Deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense; (g) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments; (h) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law; (i) Pass any bill of attainder or ex post facto law; or (j) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a Tribal jury of not less than six persons. 1-5-3 Right of Action Any person may bring an action for declaratory and/or injunctive relief only, against any executive officer or employee of the Confederated Tribes, or any employee or officer of any governmental agency acting within the jurisdiction of the Colville Tribal Court, to protect the rights set out in CTC §1-5-2 of this Chapter. 1-5-4 Colville Tribal Court Actions brought under CTC §1-5-3 shall be brought only in the Courts of the Confederated Tribes of the Colville Reservation; notwithstanding the fact that a court of another jurisdiction may have concurrent jurisdiction. 1-5-5 Sovereign Immunity When suit is brought in the Colville Tribal Court under CTC §1-5-4 to protect rights set out in CTC §1-5-2, the sovereign immunity of the Colville Tribes is hereby waived in the Courts or the Tribes for the limited purpose of providing declaratory and injunctive relief, where appropriate under the law and facts asserted to protect those rights; provided, the immunity of the Tribes is not waived with regard to damages, court costs, or attorneys fees. 1-5-6 Other Law Unaffected The laws of the Confederated Tribes, insofar as they do not violate the rights set out in CTC §1-5-2 of this Chapter, shall be unaffected by this Chapter. The Tribal Rules of Civil Procedure, the Tribal Statutes of Limitations, and all other rules of practice and procedure shall apply to suits brought under this Chapter. 1-5-7 Custom and Tradition to be respected In construing this Chapter, the Tribal Court shall consider, when properly presented to the Court, the history, customs, and traditions of the tribes and bands which make up the Confederated Tribes. 1-5-8 Insurance Notwithstanding any other provision of this Chapter or the Colville Tribal Code; with respect to any claim made under this Chapter, in the Courts of the Confederated Tribes, for which the Tribes carries an active and enforceable policy of liability insurance, suit may be brought for damages up to the full available amount of the coverage provided in the insurance policy: provided, no judgment on any such claim may be for more than the amount of insurance carried by the Tribes; and further provided, any such judgment against the Tribes may only be satisfied pursuant to the provisions of the policy or policies of insurance then in effect. (Chapter 1-5 Adopted 2/4/88, Resolution 1988-76) (Certified 2/16/88)
1-6-1 Purpose
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