TITLE
I - JUDICIAL ADMINISTRATION
Title I
was enacted by Resolution 98-41 on July 16, 1998 and effective July
16, 1998.
CHAPTER 1. GENERAL PROVISIONS
1.1.01
AUTHORITY
This compilation
of laws of the Coushatta Tribe of Louisiana, shall be known as the Coushatta
Tribe of Louisiana Judicial Codes, and is adopted pursuant to the authority
vested in the Coushatta Tribe of Louisiana Tribal Council as the duly
elected governing body of the Coushatta Tribe of Louisiana, a federally
recognized Indian Tribe.
1.1.02 REFERENCES TO THE TRIBAL CODE
This Code
may be referred to as the Coushatta Tribe of Louisiana Judicial Code,
or where the context suitably identifies it as the Judicial Code or
Code. Subdivisions of this Code that are identified by a name referring
to the particular body of law they contain maybe identified by that
name, for example, Criminal Code.
1.1.03 PRIOR ORDINANCES REPEALED
Any and
all resolutions or other enactments of the Tribal Council that conflict
with the provisions of the Code are hereby repeated to the extent of
such conflict.
1.1.04 AMENDMENTS
This Code
maybe amended by the adoption of ordinances by the Tribal Council. Amendments
shall become a part of this Code for all purposes and shall be codified
and incorporated in the Code in a manner consistent with its numbering
and organization.
1.1.05 SOVEREIGN IMMUNITY
The Coushatta
Tribe of Louisiana, as a sovereign government, is absolutely immune
from suit, and its Tribal Council, Judges, Appellate Judges, Ad-hoc
Judges, officers, agents, and employees shall be immune from any civil
or criminal liability arising or alleged to arise from their performance
or non-performance of their official duties. Nothing in this Code shall
be deemed to constitute a waiver of the sovereign immunity of the Coushatta
Tribe of Louisiana except as expressly provided herein or as specifically
waived by a resolution or ordinance approved by the Tribal Council specifically
referring to such.
1.1.06 ADOPTION OF FOREIGN LAW BY REFERENCE OR INCORPORATION
A. The
adoption of any law or other document into this Code by reference
or incorporation shall not constitute a waiver or cession of any sovereign
power of the Coushatta Tribe the jurisdiction whose law is adopted,
or in any way diminish such sovereign power, but shall result in law
becoming the law of the Coushatta Tribe.
B. Whenever
a law or other document of another jurisdiction is adopted by reference
or incorporation as Coushatta law, the omission of any part of that
law from the portion adopted shall not be construed as a negative
statement regarding the principles embodied in the omitted part, unless
such a negative statement is expressly made.
C. whenever
a law or other document of another jurisdiction is adopted by reference
or incorporation as Coushatta law, the decisions of the courts of
that jurisdiction interpreting such law or other document shall not
be binding on the Coushatta Tribal Courts unless this Code expressly
so provides, but shall be considered as merely advisory.
1.1.07 principles of Construction
The following
principles of construction will apply to all of the Code unless a different
construction is obviously intended:
(a) Masculine
words shall include the feminine, and singular words shall include
the plural, arid vice versa.
(b) Words
shall be given their plain meaning and technical words shall be given
their usually understood meaning where no other meaning is specified.
(c) Whenever
a term is defined for a specific part of this Code, that definition
shall apply to all parts of this Code unless a contrary meaning is
clearly intended.
(d) This
Code shall be construed as a whole to give effect to all its parts
in a logical, consistent manner.
(e) Whenever
the meaning of a term used in this Code is not clear on its face or
in the context of the Code, such term shall have the meaning given
to it by the laws of the State of Louisiana, unless such meaning would
undermine the underlying principles and purposes of this Code.
(f) If
any provision of this Code or the application of any provision or
any person or circumstance is held invalid, the remainder of this
Code shall not be affected thereby and to this end the provisions
of this Code are declared to be severable.
(g) Any
typographical errors or omissions shall be ignored whenever the intended
meaning of the provision containing the error or omission is otherwise
reasonably certain to the Court.
(h) Any
other issues of construction shall be handled in accordance with generally
accepted principles of construction giving due regard for the underlying
principles and purposes of this Code.
(i) In
the event that typographical, citational, reference or other errors
appear in this Code as a result of recodification, reorganization,
amendment or other changes to this Code, and where, as a result of
such changes, it is clear that the legislative intention differs from
the literal language in the Code, the Court shall reasonably interpret
and follow the general intent of the provision(s) in question in order
to avoid unlikely, inconsistent, or strained consequences which may
result from a literal reading.
(j) Any
references to this Code in any statute, regulation, policy, resolution,
Tribal Court opinion or other material adopted or produced by any
department or entity of the Coushatta Tribe existing before any duly
adopted re-codification, reorganization or other changes in the material
referenced shall be deemed to conform to and reflect such changes
to the extent necessary and practical.
(k) When
there is a conflict between one provision of this Code that treats
a subject in a general way and another which treats the same subject
in a specific manner, the specific provisions will prevail.
CHAPTER 2. ESTABLISHMENT OF JUDICIAL SYSTEM
1.2.01 Establishment:
The judicial
power of the Coushatta Tribe of Louisiana (hereinafter "Tribe") is vested
in the Coushatta Court and the Coushatta Court of Appeals.
1.2.02 JURISDICTION
A. As
used in this Code, "Reservation" shall mean all lands held by the
Tribe or held by the United States of America or the State of Louisiana
in trust for the Tribe. The Coushatta Court shall have jurisdiction
over any offense under this Code committed by any member of the Tribe
or an Indian of another tribe or any non-Indian within the boundaries
of the Reservation.
B. The
Court of the Coushatta Tribe of Louisiana may exercise subject matter
and personal jurisdiction on any basis consistent with the inherent
sovereign authority of the Coushatta Tribe of Louisiana.
C. The
jurisdiction of the Coushatta Court over any person, cause of action
or subject shall be exclusive and shall preempt any jurisdiction of
the Courts of the United States, the State of Louisiana, or any political
subdivision thereof, except in those instances in which federal law
provides otherwise. The Coushatta Tribe of Louisiana does not recognize,
grant, or cede to any governmental body any jurisdiction which does
not otherwise exist bylaw.
1.2.03 PERSONAL JURISDICTION
A. Basis
for personal jurisdiction shall include, but is not limited, to;
(1)
Presence, domicile, or residence on the reservation;
(2)
Membership in the Tribe;
(3)
Consent, whether by contract, implication or otherwise, including
marriage to a tribal member;
(4)
Appearance in Tribal Court, other than a special appearance for
the sole purpose of contesting jurisdiction;
(5)
Contracting or attempt to contract to insure any person, property,
or risk located within the Reservation;
(6)
Doing business or attempting to do business on the Reservation,
including entering or attempting to enter into a contract for the
sale, lease, or purchase of any property or services, when such
contract is entered into or is to be performed within the exterior
boundaries of the Reservation;
(7)
Using or attempting to use, or purchasing or attempting to purchase
any resource or service of the Tribe or the Reservation;
(8)
Engaging in an act on the Reservation;
(9)
Causing a foreseeable effect on the Reservation by an act or omission
elsewhere;
(10)
Ownership, use, or possession of real or personal property on the
Reservation.
B. Jurisdiction
shall extend to corporations, partnerships, associations, and governmental
entitles as well as to natural persons, and the word person as used
in this Code includes all of the above.
1.2.04 SUBJECT MATTER JURISDICTION
A. The
Court shall have jurisdiction over all real and personal property
located on the Reservation to determine the ownership thereof; or
rights therein, or to determine the application of such property to
the satisfaction of a claim relating to the property.
B. The
Court shall have subject matter jurisdiction over all civil causes
of action, regardless of whether the parties are Indian or non-Indian.
C. The
Court shall have subject matter jurisdiction over all criminal actions
in which an Indian is alleged to have violated the criminal provisions
of this Code. In civil expulsion actions, the Court shall have subject
matter jurisdiction to determine whether or not the non-member defendant,
whether Indian or non-Indian, has violated the criminal provisions
of this Code, whenever, pursuant to tribal law, such violation would
be grounds for expulsion.
D. The
Court shall have jurisdiction to grant a divorce, separation, annulment,
or protective injunction or restraining order to a party to a marriage,
based on jurisdiction over the marriage, even without the presence
before the Court of the other party, if either party to the marriage
is a bona fide resident of the Reservation, and is an Indian, and
if the civil notice requirements of this Code have been met.
E. The
Court may exercise jurisdiction to grant a custody order with respect
to a child:
(1)
who is enrolled in the Tribe; or
(2)
who qualifies for enrollment; or
(3)
in whom the Court has an interest pursuant to the Indian Child Welfare
Act; or (4) who is present on the Reservation.
F. The
Tribal Court shall not exercise jurisdiction over any person unless
there is proof on file with the Court that the person has been given
notice of the proceedings in a manner which conforms with the requirements
of the Rules of Civil Procedure or Rules of Criminal Procedure.
G. Except
as otherwise provided by Tribal law, the Court shall have exclusive
and original jurisdiction to adjudicate all complaints for the exclusion
or removal of persons from the lands of the Coushatta Tribe of Louisiana.
H. Except
as otherwise provided by Tribal law, the Court shall have exclusive
original jurisdiction, and the Court of Appeals shall have exclusive
appellate jurisdiction, to construe he meaning of Tribal laws, and
to determine the legality, under the Indian Civil Rights Act, 25 U.S.C.
§1301 et seq., of any action or enactment of the Tribal Council,
or any other agent, department, officer, or enterprise of the Tribe
and the application of any such action or enactment to any person
or situation. This subsection shall not be construed to effect a waiver
of sovereign immunity.
1.2.05 Composition of the Trial Court:
There shall
be a Trial Court consisting of a Chief Judge, who shall be appointed
by the Tribal Council. In the event that the Chief Judge is unable for
any reason to hear a case, an Ad Hoc Judge previously appointed by the
Council shall be randomly selected by the Clerk of Court to serve in
his or her stead.
1.2.06 Judicial Cooperation and Services to Court by tribal or
Federal Employees:
All judges
and court personnel shall cooperate with all branches of the Bureau
of Indian Affairs, with all federal, state, parish 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 Tribe.
The Court may request and utilize social service, health, education
or other professional services of Tribal employees as requested [and
of federal employees as authorized by the Secretary of the Interior
or his authorized representative].
1.2.07 Jurisdiction Over Suits Commenced by Tribe:
Notwithstanding
any other provision of this Code, the Tribal Court shall have jurisdiction
of all civll actions commenced by the Coushatta Tribe, or by any agency
or officer thereof expressly authorized to file suit by the Tribal Council.
1.2.08 Authority and Laws to be Applied in the Trial and Appellate
Courts
a) In
cases otherwise properly before the Trial and Appellate Courts of
the Coushatta Tribe, decisions on matters of both substance and procedure
will be based on the following, in the following order of precedent:
1)
The Constitution and Bylaws of the Coushatta Tribe.
2)
Ordinances of the Coushatta Tribe.
3)
Resolutions of the Coushatta Tribe.
4)
Customs, traditions and culture of the Coushatta Tribe.
5)
Laws, rules arid regulations of the Federal Government and cases
interpreting such laws, rules and regulations. These federal authorities
may be required to take a higher order of precedence in circumstances
dictated by the Supremacy Clause of the U.S. Constitution.
6)
The laws and rules of the State of Louisiana. This provision shall
not be deemed to be an adoption of such laws and rules as the law
of the Coushatta Tribe nor as a grant or cession to the State of
Louisiana of any right, power, or authority by the Coushatta Tribe.
7)
The Common Law.
b) The
Courts of the Coushatta Tribe shall not recognize nor apply any federal,
state, common law, rule or procedure which is inconsistent with either
the spirit or the letter of either the Constitution and Bylaws of
the Coushatta Tribe, or with any ordinances or resolutions of the
Coushatta Tribe, unless otherwise required, in the case of Federal
law only, by the Supremacy Clause of the U.S. Constitution.
1.2.09 Rules of Evidence and Civil Procedure to be Applied by
the Court
When the
Code is silent as to Rules of Evidence, then the Federal Rules of Evidence
and cases interpreting such rules shall govern all criminal and civil
proceedings in the trial and appellate courts. When the Code is silent
as to Rules of Civil Procedure, then the Federal Rules of Civil Procedure
and cases interpreting such rules shall govern all civil proceedings
in the trial and appellate courts. The Court may permit parties in a
civil action to use the Louisiana Evidence Rules and Louisiana Rules
of Civil Procedure and the cases interpreting such rifles, if the parties
are in agreement and the patties provide the court with a written stipulation
evidencing their agreement.
1.2.10 Trial Court as Court of Record
The Trial
Court of the Coushatta Tribe is hereby declared to be a court of record
and the Clerk of Court is hereby authorized to certify under seal to
the accuracy and validity of the files and records, and any copies made
therefrom, of all proceedings before the Trial Court.
1.2.11 Verbatim Records of Court Proceedings
a) The
Clerk of Court is hereby authorized to take or cause to be taken,
and to preserve and certify under oath as to the accuracy of; a verbatim
record of all proceedings before the Trial Court.
b) Such
verbatim record maybe taken and recorded by stenographic, electrical,
electronic, mechanical or other recording means or devices approved
by the Chief Judge of the trial court as a trustworthy means of creating
a permanent, verbatim record of all proceedings.
c) The
Chief Judge of the Trial Court may, by rule, prescribe the length
of time such verbatim records shall be preserved by the Clerk, provided
however that such records shall not be kept less than six (6) months
following the close of the case involved plus he period of any appeals
or supplementary proceedings taken in the case.
COMMENTARY
Portions
of this chapter were adopted from the Model Appellate Procedures
Code for Use in American Indian Courts, Studies for American Indian
Court Judges, National American Indian Court Judges Association.
CHAPTER 3. ESTABLISHMENT AND OPERATION OF TRIBAL COURT OF APPEALS
1.3.01 Creation of Court of Appeals:
There is
hereby created a Tribal Court of Appeals to hear all appeals from the
Trial Court of the Coushatta Tribe.
1.3.02 Jurisdiction of Court of Appeals:
The jurisdiction
of the Court of Appeals shall extend to all appeals from final orders
and judgments of the Trial Court. The Court of Appeals shall review
de novo all determinations of the Tribal Court on matters
of law, but shall not set aside any factual determinations of the Tribal
Court if such determinations are supported by substantial evidence.
1.3.03 Composition of Court of Appeals:
A panel
of three (3) judges shall sit as the Tribal Court of Appeals at such
times and places as is proper and necessary for the dispatch of any
appeals, to hear any appeals from final judgments, sentences and other
final orders of the Trial Court.
1.3.04 Records of Court of Appeals:
The Court
of Appeals shall keep a record of all proceedings of the Court, showing
the title of the case, the name and addresses of all parties and attorneys,
the briefs, the date of any oral argument, the names of the Judges who
heard and decided the case, and the Judgment together with any other
facts and circumstances deemed of importance to the case. A record of
all proceedings leading to incarceration shall be submitted to the Area
Director of the Eastern Area Office, to be made a part of the records
of the Office as required by 25 U.S.C. § 200. Unless specifically
excepted by this Code or rule of Court, all decisions and opinions of
the court shall be published in a format that shall be available to
the public at the Tribal Court.
1.3.05 Records of Appeal:
a) Criminal
Cases: The defendant in a criminal case shall have an appeal as of
right from a Judgment of Conviction. The Tribe shall have no right
of appeal from a jury verdict of "not guilty" in criminal cases, but
shall have a right of appeal from a Judgment of "not guilty" rendered
by the Tribal Court without a jury. Appeals in criminal cases shall
be taken as provided in Section 6.
b) Civil
Cases: Any party who is aggrieved by a Final Order or Judgment of
the Tribal Court may file a petition requesting the Court of Appeals
to review that Order or Judgment as provided in Section 7.
1.3.06 Procedure on Appeal of Criminal Cases:
a) Time
to Appeal and How to Appeal: An appeal must be taken within fifteen
(15) days from the Judgment appealed from by filing a written notice
of appeal with the Clerk of Court. No extension of the fifteen (15)
day period shall be granted.
b) Notice
of Appeal: The notice of appeal shall specify the party or parties
taking the appeal, shall designate the Judgment, or part thereof appealed
from, and shall contain a short statement of reasons for the appeal.
The Clerk shall mail a copy of the notice of appeal to all parties
other than parties taking the appeal.
c) Release
on Bond Pending Appeal: In criminal cases the defendant may be continued
on release or be released on bail. The appellant may petition the
Court of Appeals, or Chief Judge thereof, to review any decision of
the Trial Court taken under this section.
1.3.07 Procedure on Decision for Review in Civil Cases:
a) Time
to Petition and How to Petition: A party to a civil case may petition
for review. The petition for review must be taken within fifteen (15)
days from the date of entry of the Final Order or Judgment appealed
from by filing such petition with the Clerk of the Tribal Court, together
with the docket fee and any bond required pursuant to this section.
No extensions of the fifteen (15) day period shall be granted.
b) Contents
of Petition for Review: The petition for review shall specify
the parties taking the appeal, shall designate the Final Order or
Judgment, or part appealed from, and shall contain a short statement
why the petition should be granted. The Clerk shall mail a copy of
the petition for review to all parties other than the petitioner.
Other parties shall have 15 days to respond to the petition for review,
after which time the Court of Appeals shall grant the petition and
allow the appeal to be heard, or shall deny the petition. The party
taking the appeal shall be referred to as the appellant and the other
party shall be referred to as the respondent. The name of the case
shall be the same as that used in the Trial Court.
c) Docket
Fee and Bond: The petition for review shall be accompanied by
a docket fee and bond to be set by the trial court. The Court may
waive or reduce the bond and the docket fee if it finds that the appellant
is indigent.
d) Stay
on Appeal: In civil cases the petitioner may request the Trial
Court to stay the Judgment pending action on the petition and on the
appeal if the petition is granted, and either patty may request the
Trial Court to grant or stay an injunction pending appeal. The court
may condition a stay or injunction pending appeal on the depositing
of cash or bond satisfactory to the Trial Court. The appellant's bond
shall be sufficient to cover the damages awarded by the Trial Court
together with interest. The cash or bond may be deposited at or after
the time petition is filed. The stay shall be effective when the deposit
of cash or bond is approved by the Trial Court. The appellant may
petition the Court of Appeals to review any decision of the Trial
Court under this section.
1.3.08 Judgment Against Surety:
Any surety
to a bond thereby submits himself to the jurisdiction of the Tribal
Court, and irrevocably appoints the Clerk of the Court as his agent
upon whom any papers affecting his liability on the bond may be served.
The liability of a surety may be enforced on motion without the necessity
of an independent action. The motion and such notice of motion as the
Court prescribes may be served on the Clerk of the Court who shall forthwith
mail copies to the surety as his last known address.
1.3.09 Record on Appeal:
Within
five (5) days after a notice of appeal is filed in a criminal case or
a petition for review is filed in a civil case, the Clerk of the Tribal
Court shall certify and file with the Court of Appeals all papers comprising
the record of the case.
1.3.10 Briefs and Memoranda:
Within
thirty (30) days after the notice of appeal is filed, or a petition
for review is granted, or within such other time as the Court allows,
the appellant may file a written brief; memorandum or statement in support
of his appeal. An original and one copy for each respondent shall be
fled with the Clerk who shall mail one copy, registered or certified
mail, return receipt requested, to each respondent. The return receipt
shall then be fled with the Clerk.
The respondent
shall have fifteen (15) days after receipt of the appellant's brief;
memorandum or statement, or such other time as the Court of Appeals
allows, within which to file an answer brief, memorandum or statement
if he desires. An original and one copy for each appellant shall be
filed with the clerk who shall mail one copy, registered or certified
mail, return receipt requested, to each appellant. The return receipt
shall be filed with the Clerk. No further briefs, memoranda or statements
shall be allowed, without leave of Court.
1.3.11 Oral Argument:
The Court
of Appeals shall assign all criminal cases for oral argument. The Court
may in its discretion assign civil cases for oral argument or may dispose
of civil cases on the briefs without argument.
CHAPTER 4. JUDGES
1.4.01 Appointment of Trial Judges:
The Tribal
Council shall appoint the Chief Judge.
1.4.02 Terms of Trial Judges:
Each Trial
Judge shall hold office for a term of four (4) years except in case
of death, resignation, or removal for cause as hereinafter provided
or of the abolition of the office. Ad Hoc Judges may be appointed on
a temporary basis on such terms and conditions, as the Tribal Council
shall establish m making the appointment.
1.4.03 Qualifications of Judges:
To be eligible
to serve as a Judge, a person must be:
a) Twenty-Five
(25) years of age or older;
b) Be
of good moral character and integrity;
c) Possess
a high school diploma or its equivalency;
d) Be
capable of carrying out the duties of office;
e) Never
have been convicted of a felony offense.
It is preferable
that the Chief Judge speak and understand the Coushatta language and
the English language; however, if there is no individual who meets these
qualifications, then the Chief Judge shall meet all requirements that
he or she can and be familiar with Coushatta customs and be familiar
with the provisions of this Code, Federal law applicable to the Reservation
and the Tribe and be capable of preparing the papers and reports incidental
to the business of the Court.
1.4.04 Salary:
The Chief
Judge of the Tribal Court and any Ad Hoc Judges and other personnel
of the Coushatta Court shall be paid a salary to be determined by the
Tribal Council. The salary of any Judge shall not be reduced during
his or her term of office.
1.4.05 Disqualification:
A Judge
shall disqualify himself or herself in any proceeding in which his or
her impartiality might reasonably be questioned, in which he or she
has any personal bias or prejudice concerning any patty, in which he
or she or a member of his or her immediate family might be a witness,
has any interest, or has any personal knowledge of any disputed evidentiary
facts concerning the proceeding, or has acted or is acting as a lawyer
or lay counselor in the proceeding, or in which he or she might otherwise
appear to be biased or prejudiced. As used in this section, immediate
family shall include spouses, grandparents, parents, children, grandchildren,
brothers, sisters and in-laws.
1.4.06 Removal of Judges:
Any Judge
of the Coushatta Court may be removed from office by a majority vote
of the five (5) member tribal council at a meeting of the Tribal Council
for neglect of duty or gross misconduct after a hearing upon five (5)
days notice at which the Judge is given all opportunity to answer all
charges and present evidence in his or her defense.
1.4.07 Judges of the Appellate Court:
a) The
Appellate Court shall consist of three (3) Judges who shall be appointed
by the Coushatta Tribal Council to terms of three (3) years. Upon
the initial the initial appointment of such judges, the terms may
be for one, two, and three years respectively, in order to stagger
the years in which the terms expire. Judges of the Appellate Court
may be reappointed at the expiration of their term of office for consecutive
three (3) year terms.
b) Any
time there is more than one judge of the Trial Court, the Trial Court
Judges may be designated to serve on the Appellate Court, provided
however, that no such judge shall hear and participate in the appeal
of any case which he has decided or presided over in the Trial Court.
c) Judge
of the Appellate Court may, but need not be members of the Coushatta
Tribe of Louisiana.
d) The
compensation and terms of employment of judges of the Appellate Court
shall be fixed by the Coushatta Tribal Council at the time of employment
and shall not be altered or diminished during the term of office.
e) A
Judge of the Appellate Court may be removed from office prior to the
expiration of his/her term of office only by the affirmative vote
of a majority of the members of the Coushatta General Council, only
upon the grounds of neglect of duty or gross misconduct, and only
after the holding of a public hearing at which the judge, after having
been given not less than ten (10) days notice, is given the opportunity
to answer all charges and present evidence in his own defense.
1.4.08 Oath of Office:
All judges
appointed by the Tribal Council shall be sworn into office by the Council
Secretary.
CHAPTER 5. COURT ADMINISTRATION
1.5.01 Office of Clerk of Court:
The Chief
Judge shall hire a Clerk of Court. The Clerk of Court shall be supervised
of the Chief Judge.
1.5.02 Qualifications:
To be eligible
to serve as Clerk of Court a person must:
a) Be
at least twenty-one (21) years of age;
b) Be
of high moral character and integrity;
c) Be
a high school graduate or equivalent;
d) Never
have been convicted of a felony;
e) Be
physically able to carry out the duties of the office.
1.5.03 Duties:
The Clerk
shall render assistance to the Court, in drafting complaints, subpoenas,
warrants, notices of appeal, and any other documents incidental to the
lawful functions of the Court. The Clerk shall attend, and keep written
records of; all proceedings of the Court, administer oaths and collect
fines, costs, fees and other moneys. The Clerk shall account to the
Tribe for all moneys collected.
a) In
addition to any other duties for which the Clerk of Court is responsible,
the Clerk shall keep and maintain complete and accurate files and
records of all documents filed with the Trial Court and all proceedings
held by the Court.
b) The
Clerk may make and certify to the accuracy of true and correct copies
of any documents filed with the Trial Court which are otherwise available
for public inspection.
c) The
Clerk shall prepare, certify to the accuracy of; and transmit to the
Appellate Court or for the use of the Appellate Court the record including
verbatim records of hearings, of any case for which an appeal is taken,
or so much of such of the record as the parties may designate.
d) The
duties of the Clerk may be performed by any deputy or assistant clerks
appointed, who shall have the sane powers and be subject to the sane
duties and obligations as the Clerk of the Trial Court.
1.5.04 Other Court Personnel:
As may
be authorized by the Tribal Council, the Judge may employ such additional
Court personnel as are necessary to perform the work of the Coushatta
Court, including, but not limited to, a bailiff and a Court interpreter,
or a probation or parole officer, the compensation and terms of employment
thereof to be fixed by the Tribal Council, provided that such other
Court personnel shall be supervised by and may be removed by the Chief
Judge.
1.5.05 Official Station
The Coushatta
Tribe of Louisiana Courthouse is designated as the place where current
records of the court shall be kept and as the official station of the
Clerk of Court.
1.5.06 Location of Filing
All pleadings,
motions and other papers shall be filed with the Coushatta Tribal Court.
1.5.07 Copies of Documents
Records
or documents in the files of the court shall not be taken from the office
or custody of the clerk, except upon consent of the clerk. Only counsel
for the parties will be allowed the right to remove documents and only
for good cause and after giving proper receipts.
1.5.08 Time
All trials,
both criminal and civil, shall be commenced at a designated time determined
by the Court with reasonable notice of such time being given to the
parties.
1.5.09 Extension of Time
The Court
may grant an extension of time to answer or otherwise plead to a complaint,
or amended complaint if a written request is fled before expiration
of time for responding as set out by rules of court.
1.5.10 Conduct
All court
proceedings shall be conducted in a dignified and respectful manner.
All persons addressing the Court, except testifying witnesses, shall
rise arid speak in a clear and courteous manner.
1.5.11 Court Decorum
The following
rules shall govern court decorum requiring no interference or disturbance
with the proceedings of the court:
a) A
Law Enforcement Officer may be appointed Court Bailiff by the Judge
and the Bailiff will open each session of the court unless opened
by the court clerk, and be present to keep order in the courtroom
at all times.
b) The
public will be permitted in the courtroom during open trial sessions
except that spectators may be prohibited from entering the courtroom
during the taking of testimony without specific permission of the
Judge.
c) All
men in the courtroom shall remove their hats. All persons shall be
dressed in a clean, neat manner arid no person shall smoke or chew
gum in the courtroom.
d) No
one shall be allowed in the courtroom who appears to be under the
influence of intoxicating liquor or drugs.
e) Respect
and courtesy shall be shown to the Judge, parties and court officers
at all times.
f) A
flag of the United States and of the Coushatta Tribe of Louisiana
shall be displayed in the courtroom at all times.
1.5.12 No Discussion with Judges
No witness
or party to any case shall under any circumstances either before or
during the trial attempt to discuss any case pending before the court
with any of the judges, except in Open Court and with the opposing party
present, and shall under no circumstances attempt to influence the Court's
decision unless in the court at regular Court Proceedings.
1.5.13 Swearing-in Witnesses
All witnesses
shall be administered an oath by the Court as follows: "Do you
swear (or affirm) to tell the truth, the whole truth and nothing but
the truth in the proceeding in which you are about to testify."
1.5.14 Exhibits
All separate
documents, photographs, papers, written or printed instruments of any
nature shall be given separate exhibit numbers, with exhibits for the
plaintiff numbered numerically arid exhibits for the defendant marked
alphabetically. In civil cases, all exhibits in the custody of the clerk,
after the judgment becomes final or after final disposition of the action,
shall be delivered or mailed by the clerk to the party offering the
same or to his counsel at the expense of the offering party. Any exhibits
refused by a party or counsel maybe destroyed or otherwise disposed
of by the Clerk.
CHAPTER 6. SESSION-RULES OF COURT
1.6.01 Court Sessions
Regular
sessions of the court shall be held as needed. The Court may issue court
rules governing the conduct of proceedings in the Coushatta Court not
inconsistent with the provisions of this Code and forms for use in preparing
complaints and other documents authorized in this Code.
1.6.02 Docket
The Clerk
shall keep a Docket in which shall be entered the names of each plaintiff
and defendant m any proceeding, the character of the proceedings, the
date of the issuance and the return date of arty process issued therein,
the appearance or default of parties summoned, the date and amount of
any judgement, any appeal therein, and all other proceedings therein.
Any party may obtain a certified copy of such proceedings from the Clerk
upon payment of the costs thereof.
CHAPTER 7. ATTORNEYS AND LAY COUNSELORS
1.7.01 Legal Representation
Any person
appearing in the Tribal Court shall have the right to have legal representation,
at his or her own expense, to assist in presenting his or her case,
provided that such legal representative shall first have been admitted
to the Tribal Court Bar. The court may appoint legal representation
to assist any person if; in the discretion of the court, it appears
necessary to protect such person's rights.
1.7.02 Qualifications for Admissions as Attorney or Lay Counselor:
a) Attorneys:
No person may practice as an attorney before the Tribal Court or Court
of Appeals unless admitted to practice and enrolled as an attorney
of the Tribal Court upon written application and approval of the Chief
Judge. To be eligible to practice as an attorney before the Tribal
Court, a person must:
1)
Show proof that he/she is a member in good standing of the Bar in
any state or Federal Court;
2)
Be of high moral character and integrity.
3)
Take and Sign an Oath to uphold the integrity of the Court.
4)
Pay application fees and annual admission fees.
The Chief
Judge may make inquiry as to the attorney's knowledge of the Coushatta
Code of Justice and of Federal Indian law before admitting the attorney.
Each individual wishing to be admitted to practice before the Tribal
Court must be recommended by an individual already admitted; provided
that this requirement shall take effect once ten (10) individuals
have been admitted to practice.
b) Lay
Counselors: Any person who meets the equalizations established
in this Section shall be eligible for admission to practice before
the Court as a lay counselor upon written application and approval
of the Chief Judge. To be eligible to serve as a lay counselor, a
person must:
1)
Be at least twenty-one (21) years of age;
2)
Be of high moral character and integrity;
3)
Have knowledge of the Coushatta Tribal Code and of Federal Indian
law;
4)
Be a high school graduate or equivalent;
5)
Not have been convicted of a felony in any jurisdiction.
6)
Take and sign an Oath to uphold the integrity of the Court.
7)
Pay application fees and annual admission fees.
1.7.03 Oath
The oath,
which all persons desiring to appear as legal representatives in the
Tribal Court shall take, is:
BAR
ADMISSION OATH
I, _________________________,do
solemnly swear,
1. I am
familiar with the laws of the Coushatta Tribe of Louisiana.
2. I will
respect and obey the Constitution and By-laws of the Tribe in all respects.
3. I will
abide by the rules established by the governing authority of the tribe
arid the Court.
4. I will
at all times maintain the respect due the Court and its officers.
5. I will
not counsel or speak for any suit or proceedings which shall appear
tome to be unjust, or any defense except such as I believe to be honestly
debatable under the law, unless it be in defense of a person charged
with a public offense.
6. I will
employ such means only as are consistent with truth and honor and will
never seek to mislead a judge or jury by any false statements.
Bar Member
Subscribed
and sworn to before me this
day of ,
.
Judge
1.7.04 Bar Roster
The Clerk
of Court will maintain a roster of persons admitted to practice before
the Court. The Clerk will also keep on file the signed oaths of all
such persons.
1.7.05 Bar Fees
All bar
members shall pay an initial admission fee set by the bar association.
Thereafter, an annual bar fee set by the bar association shall be paid
by all members to remain active members of the bar. Bar members shall
not be admitted to practice before the Tribal Court without such annual
fee being paid. A judge may waive the Tribal Court Bar admission fee
for good cause shown. The annual fee is to be used for the purpose of
copying and handling costs for updates to the Judicial Code, expenses
for bar meetings and to provide support for continuing legal education.
The clerk of court shall keep a separate account for bar fees and dues,
plus receipts for all expenditures, until such time as the Bar is organized
and a Treasurer is installed, at which time all financial records shall
be turned over to the Treasurer who shall then manage the finances of
the Tribal Bar according to the By-laws of the organization.
1.7.06 Contempt of Court
Any bar
member failing to maintain the respect due the Court or engaging in
offensive conduct in the courtroom shall be deemed in 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 five
hundred dollars ($500.00) or both the jail sentence and fine.
1.7.07 Discipline and Disbarment
Any bar
member violating their Oath, or having been convicted of a felony or
misdemeanor involving moral turpitude, or violating the Rules of Professional
Conduct as promulgated by the American Bar Association may be subject
to discipline or disbarment. Any person or Judge witnessing a violation
of a bar member's Oath or having evidence of misconduct shall prepare
in writing a complaint against such bar member, including reasons for
discipline or disbarment. Within (10) working days of receipt of such
complaint, the Clerk of Court shall cause the Court of Appeals to convene
for the purpose of holding a hearing at which time the bar member involved
may present witnesses and defend his or her actions. The decision of
the Court of Appeals shall be final. The procedures for appeal in this
section shall be applicable for challenging contempt charges or denial
of admission to the Tribal Bar.
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