Section TCT.01.14 — Ethical Rules For Tribal Court System Judges

(a) Preface to Ethics Code. These rules set standards of judicial conduct for Chief Judges and Judges. The purpose of these rules is to encourage a spirit of impartiality toward individuals involved in proceedings before the Tribal Court System and to ensure fundamental fairness and due process in all Tribal Court System proceedings.

(b) Who is Bound by These Rules. These rules apply to any Chief Judge, Judge, Substitute Judge or judge serving on the Court of Appeals. Any judge serving in the Tribal Court System:

(1) is required to comply with these rules;

(2) shall not practice law either as a lawyer or an advocate:

(A) in the Tribal Court System, or

(B) in any court or as part of any administrative hearing process subject to the appellate jurisdiction of the Tribal Court System;

(3) shall not act as a lawyer or advocate in a proceeding in which he or she has served or in any related proceeding.

(c) Honesty and Independence of the Stockbridge-Munsee Judiciary. Judges in the Tribal Court System shall uphold the integrity and independence of the Tribal Court System. An independent and honorable Tribal Court System is essential to justice in the tribal community. All judges shall help create and maintain such a Tribal Court System, and shall observe high standards of conduct toward achieving this goal.

(1) A Chief Judge, Judge or Substitute Judge shall encourage a separation between the judicial branch and other branches of tribal government, and shall avoid any contact or duty that violates such a separation.

(2) A Chief Judge, Judge or Substitute Judge shall not participate in legislative or executive decision making except where such participation is in accordance with the tradition of the Tribe.

(d) Impropriety and the Appearance of Impropriety. All judges in the Tribal Court System shall avoid impropriety and the appearance of impropriety in all his/her activities.

(1) All judges shall respect and comply with the laws and traditions of the Tribe and shall at all times act in a manner that promotes public confidence in the honesty and impartiality of the Stockbridge-Munsee judiciary.

(2) All judges shall not allow family social or other personal relationships to influence his/her judicial conduct. He/she shall not attempt to use the prestige of his/her office to advance the private interests of others; nor shall he/she convey the impression that anyone has special influence on the Judge.

(e) Diligence and Impartiality. All Judges in the Tribal Court System shall perform the duties of the office impartially and diligently.

(1) All judges in the Tribal Court System shall adhere to the laws of the Tribe. Decisions shall not be influenced by partisan interests, public clamor, political pressure, or fear of criticism. All judges in the Tribal Court System shall resist influences on the Tribal Court System by other tribal officials, governmental officials or any others attempting to improperly influence the Tribal Court System.

(2) All judges shall be patient, dignified and courteous to litigants, witnesses, lawyers, advocates and others with whom he/she deals in his/her official capacity and shall require similar conduct of other persons in Tribal Court System proceedings including the conduct of Tribal Court System personnel who are subject to the direction and control of the judges.

(3) All judges shall give to every person who is a legally interested party in a proceeding or his/her representative, the right to be heard according to tribal law and tradition. All judges shall avoid out-of-court or other communications with tribal officials, agents, or others concerning a pending proceeding unless all parties to the proceeding are present or represented, except for scheduling or other administrative matters.

(4) All judges in the Tribal Court System shall maintain order as part of proceedings before the court. Judges shall not interfere in proceedings except where necessary to protect the rights of the parties. Judges shall not assume an advocate's role and shall rely on only those procedures prescribed by the laws of the Tribe.

(5) All judges shall dispose promptly of the business of the court.

(6) All judges in the Tribal Court System shall not comment publicly on any proceeding pending in the Tribal Court System and shall also prohibit other Tribal Court personnel from such public comment.

(7) All judges in the Tribal Court System shall diligently perform his/her administrative responsibilities.

(8) A Chief Judge shall require his/her staff and Tribal Court System officials to observe high standards of honesty and diligence.

(9) Any judge in the Tribal Court System shall recuse himself/herself in a proceeding in which his/her impartiality might reasonably be questioned, including instances where:

(A) the judge has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;

(B) the judge served as lawyer, advocate, or personal representative in the matter before the Tribal Court System, or a person with whom the judge has been directly associated in a professional capacity served as a lawyer, advocate or personal representative concerning the matter;

(C) the judge knows that he/she individually (or any member of the family of the judge), residing in his/her household has a financial interest in the subject matter in controversy or is a party to the proceeding, or has any other interest that could be substantially affected by the proceedings;

(D) the judge or the spouse, partner or a person in a reasonably close family relationship to the judge:

(i) is a party to the proceeding, or an officer, director, or trustee of a party;

(ii) is acting as a lawyer or advocate in the proceeding;

(iii) is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or

(iv) is likely to be a material witness in the proceeding.

(10) Any judge in the Tribal Court System disqualified by the terms of Section TCT.01.14(e)(9)(C) or (D) above may, instead of withdrawing from the proceeding, disclose on the record the basis of his or her disqualification. If, based on such disclosure, the parties and lawyers all agree on the record and in writing that participation by the judge is not prejudicial or that the judge is no longer disqualified and may participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceeding.

(f) Improvement of the Legal System. All judges in the Tribal Court System may engage in activities to improve the law, the legal system and the administration of justice. A judge may engage in the following activities, if in doing so, he/she does not cast doubt on his/her capacity to decide impartially any issue that may come before the Tribal Court System:

(1) The judge may speak, write, lecture, teach and participate in other activities concerning tribal law and custom, the legal system of the Tribe and the administration of justice.

(2) The judge may appear at a public hearing before a tribal executive or legislative body or official on matters concerning the Tribal Court System and the administration of justice, and he/she may otherwise consult with a tribal executive or legislative body or official but only on matters concerning the general administration of justice.

(3) The judge may serve as a member, officer, or director of an organization devoted to the improvement of tribal law, its legal system or the administration of justice. A judge may not serve as a member, officer or director of any other tribal governmental entity.

(g) Extra-judicial Activities. A Chief Judge, Judge and Substitute Judge shall regulate his/her extrajudicial activities to minimize the risk of conflict with judicial duties.

(1) A Chief Judge, Judge or Substitute Judge may write, lecture, teach and speak on non-legal subjects, and engage in the arts, sports, and other social and recreational activities of the Tribe, if these activities do not interfere with the performance of his/her duties.

(2) A Chief Judge, Judge or Substitute Judge may participate in civic, charitable, and other tribal activities that do not reflect upon his/her impartiality or interfere with the performance of his/her judicial duties. However, such participation shall not occur with respect to an organization which will likely be involved in proceedings in the Tribal Court System.

(3) A Chief Judge, Judge or Substitute Judge shall avoid financial and business dealings that tend to reflect adversely on his/her impartiality, interfere with the performance of his/her judicial duties, exploit his/her judicial position, or involve him/her in frequent transactions with lawyers or others likely to come before the Tribal Court System.

(4) Except as allowed by the laws and traditions of the Tribe, neither a Chief Judge, Judge or Substitute Judge nor a member of his/her immediate family residing in the household shall accept a gift, bequest, favor, or loan from anyone which would affect or appear to affect his/her impartiality in judicial proceedings, or on the appearance of fairness of the Chief Judge, Judge or Substitute Judge.

(5) A Chief Judge or Judge may represent the Tribe on ceremonial occasions or in connection with historical, educational, and cultural activities.

(h) Political Activities of Chief Judges and Judges. A Chief Judge and Judge shall refrain from political activity inappropriate to his/her judicial office.

(1) Political conduct in general. A Chief Judge or Judge shall not engage in any tribal political activity except on behalf of measures to improve the law, the tribal legal system, or the administration of justice.

(2) Campaign Conduct. Candidates for election as Chief Judge may campaign for office, but shall comply with the following standards:

(A) Maintain the dignity appropriate to judicial office and shall refrain from any political activity that might interfere with the performance of his/her judicial duties.

(B) Encourage members of his/her family to adhere to the same standards of political conduct that apply to him/her.

(C) Not make pledges or promises of conduct in judicial office or than the faithful and impartial performance of the duties of office.

(D) Not announce his/her views on disputed legal or political issues.