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Ponca Tribe of Nebraska Tribal Code

PTN Code § 1-5-1
Section 1-5-1. Lay Counsel

Any person appearing as a party in any judicial proceeding before a Court of the Ponca Tribe of Nebraska shall have the right to be represented by a lay counselor and to have such person assist in the preparation and presentation of his case.

The Ponca Tribe of Nebraska shall have no obligation to provide or pay for such lay counselors and such obligation shall rest entirely with the person desiring such a counselor.

Any person appearing as a lay counselor shall be subject to the same ethical obligations of honesty and confidentiality towards his client and the Court as would a professional attorney, and the attorney/client testimonial privilege shall apply in appropriate circumstances. Any person appearing as a lay counselor shall also be subject to the same standards of competency as licensed attorneys appearing before the Court.

Lay counselors shall take the following oath, either verbally before the Court, or subscribe his signature to such oath if admitted without personally appearing;

I do solemnly swear (affirm):

That I will support and defend the Constitution and By-Laws, Law and Order Code and all resolutions and ordinances of the Ponca Tribe; that I will maintain the respect due the Courts and Judicial Officers of the Ponca Tribe; that I will never seek to mislead the judge or jury by any artifice or false statement or fact or law; that I will maintain the confidences and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; that I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required in justice by the cause with which I am associated; that I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed or delay any man's cause for lucre or malice.

Lay counselors shall be deemed officers of the Court for purposes of their representation of a party and shall be subject to the disciplinary authority of the Court in all matters relating to their representative capacity.

Ponca Tribe of Nebraska Code § 1-5-1, PTN Code § 1-5-1

PTN Code § 1-5-2
Section 1-5-2. Right to be Represented by an Attorney

Any person appearing as a party in any action shall have the right to be represented by an attorney of his own choice at his own expense; provided, however, that the Ponca Tribe of Nebraska has no obligation to provide or pay for such an attorney; provided further, that any such attorney appearing before the Courts of the Ponca Tribe of Nebraska shall have first obtained admission to practice before such Courts in accordance with the procedures set forth herein.

Ponca Tribe of Nebraska Code § 1-5-2, PTN Code § 1-5-2

PTN Code § 1-5-3
Section 1-5-3. Eligibility for Admission

Any attorney who is an active member in good standing of the Nebraska Bar, or any attorney certified and eligible to practice before the highest court of any other state or of the Supreme Court of the United States is eligible to be admitted to practice before the Courts of the Ponca Tribe of Nebraska.

Ponca Tribe of Nebraska Code § 1-5-3, PTN Code § 1-5-3

PTN Code § 1-5-4
Section 1-5-4. Procedure for Admission

Any professional attorney desiring to be admitted to practice before the Courts of the Ponca Tribe of Nebraska shall apply for admission by certifying under oath, either verbally or in writing to the following:

1. That he is an active member in good standing of the Nebraska State Bar or is certified and eligible to practice before the highest Court of any other state or of the Supreme Court of the United States.

2. That if admitted to practice before the Courts of the Ponca Tribe of Nebraska, he will take the required oath as prescribed in the Law and Order Code for Attorneys and be bound thereby.

An admission fee of $100.00 shall be tendered with the application, subject to return if the application is denied. An admission fee of $100.00 shall also be required of lay counselors appearing before the Court but may be waived by the Court.

The fee shall be waived for attorneys employed by the Tribe and for others upon Tribal Council resolution. The fee shall go into a special Bar Admission Fund to be used for training of Tribal Court staff, lay counselors and other officers of the Tribal Court. If a Ponca Tribal Bar Association is formed, then that association shall assume responsibility and control for the collection and expenditures of these fees. The Tribal Court or, if organized, the Bar Association, shall retain the right to establish and require the taking of a bar examination for admission to practice before the Ponca Tribal Court.

Upon receipt of an application for admission to practice before the Courts of the Ponca Tribe, the Chief Judge shall review the application and may, but need not, investigate into the truth of the matters contained therein. If satisfied that the applicant meets the qualifications set forth herein, the Chief Judge shall notify such person who may then appear in person to take the oath prescribed herein or may subscribe his signature to such oath and forward it to the Chief Judge.

Upon taking of the oath, either orally or in writing, the Chief Judge shall cause a certificate to be issued evidencing the admission of the attorney to practice before the Courts of the Ponca Tribe.

Any person denied admission shall have a right to appeal and have a due process hearing before the Tribal Appellate Court.

Ponca Tribe of Nebraska Code § 1-5-4, PTN Code § 1-5-4

PTN Code § 1-5-5
Section 1-5-5. Disbarment and Discipline

Whenever it is made to appear to the Chief Judge that any attorney admitted to practice before the Tribal Courts has been disbarred or suspended from the practice of law in the State of Nebraska or other state to which reference for admission to practice before the Tribal Courts was made, he shall immediately be given notice at his last known address that he shall be suspended from practice before the Tribal Courts of the Ponca Tribe of Nebraska for an indefinite period unless he appears within five (5) days and shows good cause why such order should not be made.

Any judge who finds an attorney admitted to practice before the Tribal Court to be in contempt of Court may, in addition to any other sanction imposed, order the attorney to appear within ten (10) days and show cause why he should not be suspended from practicing before the Courts of the Ponca Tribe.

The Chief Judge may, upon receiving a written, verified complaint which indicates that an attorney admitted to practice before the Tribal Court has acted in an unethical or otherwise improper manner while functioning as an attorney, order such attorney to appear and defend himself at a hearing, to hear all evidence relevant to the matter, and may order the suspension of such an attorney if such appears reasonably necessary or appropriate. If the Chief Judge is the complainant, another tribal judge shall hear and decide the matter.

All suspensions from practicing before the Tribal Courts shall be for an indefinite period unless the Judge specifically orders otherwise. An attorney suspended for an indefinite period, or one suspended for a specific period, may petition the Tribal Court for permission to re-apply for permission to practice at the end of one year or the specific period of suspension, and such permission shall be granted if it is made to appear, at a hearing or otherwise as the Court shall direct, that he has been adequately reproved and now appears willing to conduct himself in a proper manner, and that the petitioner has been reinstated to practice if previously disbarred or suspended in another jurisdiction.

Any person appearing as lay counsel for another may be suspended from further appearance as such for misconduct or improper behavior by any judge upon the same conditions of notice and hearing provided professional attorneys.

Ponca Tribe of Nebraska Code § 1-5-5, PTN Code § 1-5-5

PTN Code § 1-5-6
Section 1-5-6. Oath of Attorneys and Counselors

Upon admission to practice as provided herein, an attorney shall take the following oath, either verbally before the Court, or subscribe his signature to such oath if admitted without personally appearing;

I do solemnly swear (affirm):

That I will support and defend the Constitution and By-Laws, Law and Order Code and all resolutions and ordinances of the Ponca Tribe; that I will maintain the respect due the Courts and Judicial officers of the Ponca Tribe; that I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; that I will employ for such purposes of maintaining the cause confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement or fact or law; that I will maintain the confidences and preserve inviolate the secrets of my client, and will accept no compensation in connection with his business except from him or with his knowledge and approval; that I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required in justice by the cause with which I am associated; that I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed or delay any man's cause for lucre or malice.

Ponca Tribe of Nebraska Code § 1-5-6, PTN Code § 1-5-6

PTN Code § 1-5-7
Section 1-5-7. Non-Resident Attorneys

Any Tribal Judge may waive the formal admission procedure and payment of the fee as required herein in the case of any attorney, not a resident of the State of Nebraska, making an appearance for the limited purpose of a single, specific case, if such attorney is associated in such case with an attorney or counselor who is formally admitted to practice before the Tribal Court.

Ponca Tribe of Nebraska Code § 1-5-7, PTN Code § 1-5-7

 

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