Little River Band of Ottawa Indians, Regulations, Ch. R300

Chapter R300 - Judiciary

COURT RULES AND PROCEDURES

Chapter 1. Recognition and Enforcement of Foreign Court Judgments

Section 1.000. Purpose and Definitions

1.001 Purpose. The purpose of this Chapter is to facilitate, improve and extend by reciprocal legislation or court rule the enforcement and/or recognition of judgments between the State of Michigan and the various Indian tribes within Michigan and among the various Indian tribes within Michigan, as well as to make uniform the law relating thereto.

1.002 Definitions. When used in this Chapter, unless the content otherwise indicates:

"Attorney" means an individual who is a current member of the State Bar of Michigan or some other State. The term "attorney" is synonymous with the term "lawyer." Further, a lawyer must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Court" means the Tribal Court of Little River Band of Ottawa Indians.
"Foreign Court" means all other courts including federal, state, or tribal courts and courts of a foreign country excepting the Little River Band of Ottawa Indians.
"Foreign Judgment" means any judgment, decree, or order by any United States federal court, state court, other tribal court or Court of a foreign country which is final in the rendering jurisdiction, regardless of whether such judgment is for money, injunctive, declaratory, or other relief.
"Judgment Creditor" means one who has had a judgment rendered in his or her favor; judgment creditor is synonymous with the term judgment holder.
"Judgment Debtor" means the party against whom a judgment has been rendered.
"Judgment Holder" means one who has had a judgment rendered in his or her favor; judgment holder is synonymous with the term judgment creditor.
"Lawyer" is synonymous with the term "attorney". Further, a lawyer must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Lay Advocate" means a person who is a non-lawyer and who has been qualified by this Court to serve as an advocate on behalf of a party. Further, a lay advocate must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Rendering Jurisdiction" means the jurisdiction in which the foreign judgment was entered.
"Rules" means the Rules of the Little River Band of Ottawa Indians Court
"Tribe" means the Little River Band of Ottawa Indians.

Section 1.100. Recognition and Enforcement

1.101 Michigan Court Records and Judgments. The judgments of a Michigan state court shall have the same full recognition and enforcement in the Court(s) of this Tribe, provided that:

The applicable Michigan state court and/or Michigan legislature provides reciprocal recognition and enforcement to the judgments of the Little River Band of Ottawa Indians; and
The person seeking recognition and enforcement complies with the conditions and procedures set forth in Section 1.200 hereunder whenever a judgment from a Michigan state court is involved.

1.102 Tribal Court Records and Proceedings. The judgments of another tribal court of a federally recognized tribe shall have the same full recognition and enforcement in the Court(s) of the Little River Band of Ottawa Indians, provided that:

The applicable tribal court provides reciprocal full recognition and enforcement to the judgments of this Indian Tribe; and
The person seeking recognition and enforcement complies with the conditions and procedures set forth in Section 1.200 hereunder whenever a judgment from a tribal court is involved.

1.103 Federal Court and other State Court Proceedings. The judgments of a U. S. federal court or other state court (with the exception of Michigan state courts wherein Section 1.101 shall apply) may have, in the discretion of this Court, the same recognition and enforcement in the Court(s) of the Little River Band of Ottawa Indians, provided that:

The applicable federal court or other state court provides reciprocal full recognition and enforcement to the judgments of this Indian Tribe; and
The person seeking recognition and enforcement complies with the conditions and procedures set forth in Section 1.200 hereunder whenever a judgment from a U.S. Federal court or other state court is involved.

This Court shall have full discretion as to whether recognition and enforcement shall be granted and shall be guided by the best interests of this Tribe and the parties, which are supplementary to the provisions set forth above in this Section 1.103.

1.104 Court Records and Proceedings of a Foreign Country. The judgments of a court in a foreign country may have, in the discretion of this Court, the same recognition and enforcement in the Court of the Little River Band of Ottawa Indians, provided that:

The applicable court of a foreign country provides reciprocal recognition and enforcement to the judgments of this Indian Tribe; and
The person seeking recognition and enforcement complies with the conditions and procedures set forth in Section 1.200 hereunder whenever a judgment from a court of a foreign country is involved.

Section 1.200. Recognition and/or Enforcement of Foreign Judgments

1.201 Application of Recognition and Enforcement to Final and Conclusive Judgments. In accordance with the recognition and enforcement provisions set forth in Sections 1.101 through 1.104, a foreign judgment that is final and conclusive is enforceable in this Court pursuant to the following Section.

1.202 Registration of Foreign Judgment. A person seeking enforcement of a foreign judgment shall file:

A copy of the foreign judgment, which has been authenticated by the clerk or registrar of the foreign court in the following manner:
1. The clerk or registrar of the foreign court must attest in writing that s/he:
  1. Is the Clerk or register of the subject foreign court;
  2. Is the custodian of the records of the subject foreign court; and
  3. Has compared an annexed copy of the foreign judgment from the case with the originals) on file and of record in the foreign court, and has found the copy of the foreign judgment to be a true copy of the whole of such original(s).
2. Upon completing the written attestation referenced in Section 1.202 (A)(1) above, the clerk or registrar of the foreign court must:
  1. Sign and date said attestation;
  2. Affix the seal of the foreign court to said attestation; and
  3. Annex a true copy of the foreign judgment to said attestation;
A sworn affidavit by the judgment holder, or his/ her lawyer or lay advocate, which includes the following:
1. The name and last known post office address of the judgment debtor and the judgment
  creditor;
2. That the judgment is final and that no appeal is pending;
3. That no subsequent orders vacating, modifying or reversing the judgment have been entered in the rendering jurisdiction;
4. Proof that the person against whom the foreign judgment has been rendered (i.e., judgment debtor) is subject to the jurisdiction of this Court with regard to enforcement of said judgment; and
5. Proof that the court from which the foreign judgment was issued provides reciprocal full faith and credit to the judgments of this Tribe; and
A filing fee for registering said foreign judgment in the amount of twenty-five ($25) dollars.

1.203 Notice of Registration of Foreign Judgment. Upon the filing of the foreign judgment, attestation, affidavit and filing fee, the Clerk of the Court shall promptly mail notice of the filing of the foreign judgment along with a copy of the foreign judgment, attestation, and affidavit referenced in Section 1.202 to the judgment debtor at the address provided by the judgment creditor and shall make a note of the mailing in the docket and/or complete a proof of mailing. The notice to the judgment debtor shall include the following:

The name and post office address of the judgment holder and the judgment holder's lawyer or lay advocate, if any, in this Court; and
A directive that an order entering the enforcement of the foreign judgment shall be entered by the Court within twenty-one (21) days of the same having been served on the judgment debtor unless the judgment debtor files written objections with the Court along with a request for a hearing on the same within said twenty-one (21) day period.

In addition, the judgment holder shall also mail a notice of the filing along with a copy of the foreign judgment, attestation, and affidavit referenced in Section 1.202 to the judgment debtor and shall file proof of mailing with the Clerk of the Court. Such notice shall be served on the judgment debtor in a manner consistent with the proof of service provision set forth in these Rules.

1.204 Objections; Hearing; Entry of Order Where Objections. In the event that the judgment debtor files written objections within the twenty-one (21) day period set forth in Section 1.203 above along with a request for a hearing, the Clerk of the Court shall send by first-class mail a copy of said objections to the judgment holder or his/her lawyer. In addition, the Clerk of the Court shall send by first-class mail a notice of hearing setting forth the date and time of hearing to the judgment holder and judgment debtor, or their respective lawyer(s) or lay advocate(s). The judgment debtor at the hearing will be required to show cause why the foreign judgment shall not be enforced by this Court. At the scheduled hearing, after reviewing all the relevant evidence concerning the foreign judgment, the Court shall issue an order either granting or denying enforcement of the foreign judgment.

1.205 Entry of Order Where no Objections. In the event that the judgment debtor does not file any written objections within the twenty-one (21) day time period set forth in Section 1.203 above, an order granting the enforcement of the foreign judgment shall be issued by the Court.

1.206 Not Enforceable or Non-recognizable Foreign Judgment. A foreign judgment is not enforceable or is non-recognizable under the following circumstances, including but not limited to:

The judgment was rendered by a process that does not assure the requisites of an impartial administration of justice including but not limited to due notice and a hearing;
The foreign court did not have both personal jurisdiction over the judgment debtor and jurisdiction over the subject matter;
The judgment was obtained by fraud;
The cause of action on which the judgment is based is repugnant to the public policy or tribal custom of the Tribe;
The judgment involves enforcement of child custody provisions, and
1. The foreign court did not have jurisdiction over the child(ren); or
2. The provisions of the Indian Child Welfare Act [25 USC Sections 1901-1963], if applicable, were not properly followed; or
3. Due process was not provided to all interested persons participating in the foreign court proceeding; or
4. The foreign court proceeding violated the public policies, customs or common law of the Tribe; or
The judgment involves enforcement of a criminal judgment wherein the Court has the authority to otherwise adjudicate a criminal proceeding against a Defendant.

1.207 Appeal; Stay of Execution; Stay of Proceedings. If the judgment debtor satisfies the Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the Court may stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.

1.208 Postjudgment Proceedings Regarding Foreign Judgment; No Waiver of Immunity.

The entry of the order enforcing the foreign judgment by this Court shall entitle the judgment holder to enforce its judgment against the judgment debtor in any manner currently available for judgment creditors or judgment holders in this Rule.
The Tribe does not waive its immunity from suit with regard to the enforcement of a foreign judgment in any postjudgment proceedings even when said Tribe is served as a garnishee Defendant for the wages or property of an employee who is a judgment debtor.

Section 1.300. Construction of Rule

1.301 Construction of Rule. This Rule shall be so construed as to effectuate its general purpose to make uniform the law of those jurisdictions which enact it.

Section 1.400. Short Title

1.401 Short Title. This Rule shall be known and may be cited as the "Recognition and Enforcement of Tribal, State and Other Judgments".

Section 1.500. Effective Date

1.501 Effective Date. This Rule becomes effective on January 26,1999 (Court Order 99-0126).

Chapter 2. Ethical Conduct

Section 2.000. Purpose and Definitions

2.001 Purpose. The purpose of this Chapter is to provide for and guide the professional conduct of judges, court clerks, magistrates and administrators of this Court as well as lawyers and lay advocates who practice before this Court.

2.002 Definitions. When used in this Chapter, unless the content otherwise indicates;

"Attorney" means an individual who is a current member of the State Bar of Michigan or some other state. The term "attorney" is synonymous with the term "lawyer." Further, a lawyer must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Court" means the Tribal Court of the Little River band of Ottawa Indians.
"Tribe" means the Little River Band of Ottawa Indians.
"Lawyer" is synonymous with the term "attorney". Further, a lawyer must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Lay Advocate" means a person who is a non-lawyer and who has been qualified by this Court to serve as an advocate on behalf of a party. Further, a lay advocate must be admitted to practice before this Court pursuant to Chapter 3 herein.
"Court Personnel" means any personnel employed with Court including but not limited to the following: judge, clerk, magistrate, or court administrative.
"Tribal Council" means the legislative body of the Tribe, whether elected or appointed, who makes or legislates the law; Tribal Council is synonymous with the term Executive Council.

Section 2.100. Judicial Conduct

2.101 Applicability of this Code of Judicial Conduct. This Code applies to anyone, whether or not a lawyer, who is an officer of a tribal judicial system and is performing judicial functions. Also, this Code applies to both trial and appellate tribal judges, who serve the Court on a full-time, part-time or pro tempore basis.

2.102 Integrity and Independence of Tribal Judiciary. A tribal court judge should uphold the integrity and independence of the tribal judiciary in that an independent and honorable tribal judiciary is indispensable to justice in the tribal community. A judge should participate in establishing, maintaining, and enforcing, and should himself or herself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved. A judge should always be aware that the judicial system is for the benefit of the litigant(s) and the public, not the judiciary. The provisions of this Code (Section 2.101 through 2.110, inclusive) should be construed and applied to further these objectives.

2.103 Impropriety and the Appearance of Impropriety. A tribal court judge should avoid all impropriety and
the appearance of impropriety in all his/her activities. In addition, a tribal judge:

Should respect and comply with the law and tradition of the Tribe and at all times should act in a manner that promotes public confidence in the integrity and impartiality of the tribal judiciary;
Should not allow family, social or other relationships to influence his/her judicial conduct. S/he should not attempt to use the prestige of his/her office to advance the private interests of himself/herself or others, nor should s/he convey the impression that anyone has special influence on the judge; and
Should not appear as a witness in a court proceeding unless subpoenaed.

2.104 Performance of Duties Impartially and Diligently. A tribal court judge should perform the duties of the office impartially and diligently. The judicial activities of a tribal judge should take precedence over all other activities. The judicial duties of the judge include all the duties of the office as prescribed by tribal law, custom or tradition. In the performance of these duties, the following standards apply:

Adjudicative Responsibilities:
1. A tribal court judge should adhere to the laws, customs and traditions of the Tribe. S/he should be unswayed by partisan interests, public clamor, political pressure, or fear of criticism, and should resist influences on the Court by other tribal officials, governmental officials or any others attempting to improperly influence the Court.
2. A judge should be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, lay advocates and others with whom s/he deals in his/her official capacity and should require similar conduct of other persons in court proceedings and those court personnel who are subject to the judge's direction and control.
3. A tribal court judge should accord to every person who is legally interested in any proceeding, or his/her lawyer or other representative, full right to be heard according to tribal law and tradition, and except as authorized by law, neither consider nor permit ex parte or other communication with a litigant or his/her attorney or lay advocate concerning a pending or impending proceeding unless all parties to the proceeding are present.
4. A tribal court judge should maintain order in the Court. S/he should not interfere in the proceedings except where necessary to protect the rights of the parties.
5. A tribal court judge should dispose promptly of the business of the Court.
6. A tribal court judge should not comment publicly on any pending Court proceeding and should also prohibit other court personnel from making such public comment. However, this subsection does not prohibit a judge from making public statements in the course of his/her official duties or from explaining for public information the procedures of the Court or his/her holdings or actions.
Administrative Responsibilities:
1. A judge should diligently perform his/her administrative responsibilities with a high degree of integrity and diligence.
2. A judge should require his/her staff and court officials to observe high standards of integrity and diligence. As such, a judge should direct his/her staff and court officials subject to his/her control to observe high standards of fidelity, diligence and courtesy to litigants, jurors, witnesses, lawyers, lay advocates and others with whom they deal in their official capacity.
3. A judge should initiate appropriate disciplinary measures against a judge, lawyer, lay advocate, or court personnel for non-professional conduct of which the judge may become aware.
Disqualification:
1. A tribal court judge should disqualify himself/herself in a proceeding in which his/her impartiality might reasonably be questioned, including instances where:
  1. The judge has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;
  2. The judge served as a lawyer, advocate, or personal representative in the matter before the Court, or a person with whom the judge has been associated in a professional capacity served as a lawyer, advocate or personal representative concerning the matter;
  3. The judge knows that s/he individually (or any member of the judge's family who resides in his/her household) has a financial interest in the subject matter of the controversy or is a party to the proceeding, or has any other interest that could be substantially affected by the proceedings; or
  4. The judge or his/her spouse, or a person in a reasonably close family relationship to either of them, or the spouse of such a person:
    1. is a party to the proceeding, or an officer, director, or trustee of a party; or
    2. is acting as a lawyer or lay advocate in the proceeding; or
    3. is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or
    4. is to the tribal judge's knowledge likely to be a material witness in the proceeding.
Alternative to disqualification. A judge disqualified pursuant to Section 2.104(C)(1) hereunder may, instead of withdrawing from the proceeding, disclose on the record the basis of his/her disqualification. If based upon such disclosure the parties and lawyers or lay advocates, independent of the judge's participation, all agree in writing that the judge's participation is not prejudicial or that the judge's financial interest is insubstantial, the judge is no longer disqualified, and may participate in the proceeding.

2.105 Improvement of the Legal System and the Administration of Justice. A tribal court judge may engage in activities to improve the law, the legal system and the administration of justice; in fact, to the extent that his/her time permits, s/he is encouraged to do so, either independently or through a legal/judicial association, judicial conference, or other organization dedicated to the improvement of the law. Therefore, a judge, subject to the proper performance of his/her judicial duties, may engage in the following activities:

The judge may speak, write, lecture, teach and participate in other activities concerning tribal law and custom, the legal system of the Tribe, the administration of justice, and the law in general;
The judge may appear at a public hearing before a tribal executive or legislative body or official on matters concerning the tribal legal system and the administration of justice of general concern to tribal members, or of personal concern. When speaking to the public, press, or others on matters other than the administration of tribal justice, the judge shall not identify himself/herself as the tribal judge and shall make it clear that s/he is not speaking in his/her capacity as tribal judge; and
The judge may serve as a member, officer, or director of an organization or tribal governmental agency devoted to the improvement of tribal law, its legal system or the administration of justice. The judge may assist such an organization in raising funds and may participate in the management and investment of such funds. S/he may make recommendations to public and private fund-granting agencies on projects and programs concerning tribal law, its legal system and the administration of justice.

2.106 Extra-Judicial Activities.

Avocational Activities: A tribal judge may write, lecture, teach, speak, and consult on non-legal subjects, appear before public non-legal bodies, and engage in the arts, sports, and other social and recreational activities, provided such vocational activities do not detract from the dignity of his/her office or interfere with the performance of his/her judicial duties.
Civic and Charitable Activities: A tribal judge may participate in civic and charitable activities that do not reflect adversely upon his/her impartiality or interfere with the performance of his/her judicial duties. A judge may serve as an officer, director, trustee or non-legal advisor of a bona fide educational, religious, charitable, fraternal, or civic organization, whether tribal or otherwise, provided that a tribal judge does not participate if it is likely that the organization will be involved in proceedings which would ordinarily come before him/her or would be involved in adversarial proceedings in any tribal court.
Financial Activities:
1. A tribal judge should avoid financial and business dealings that tend to reflect adversely on his/her judicial duties, exploit his/her judicial position, or involve him/her in frequent business transactions with lawyers or others likely to come before the Court on which s/he serves.
2. Because it is recognized that the position of tribal judge may be a part-time position, such a tribal judge may accept other employment and participate in the operation of a business, legal or otherwise in nature, subject to the following:
  1. A part-time tribal judge should not practice law either as a lawyer or an advocate:
    1. in the tribal court in which he or she serves; or
    2. in any court subject to the appellate jurisdiction of the tribal court or council on which he or she serves; and
  2. A part-time tribal judge should not act as a lawyer or advocate in any proceeding in which he or she has judicially served or in any related proceeding.
3. Neither a judge nor a member of his/her family residing in his/her household should accept a gift, bequest, favor, or loan from anyone if the same would affect or appear to affect his/her impartiality.
Extra-Judicial Appointments: A tribal judge should not accept appointment to a governmental committee, commission or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice. A tribal judge may represent the Tribe on ceremonial occasions or in connection with historical, educational, and/or cultural activities.

2.107 Political Activities.

A tribal court judge should refrain from political activity inappropriate to his/her judicial office. However, a judge or candidate for judicial office may attend political gatherings; speak to such gatherings on his/her own behalf or on behalf of other judicial candidates; and/or contribute to a political party.
A tribal judge shall not be a candidate for or serve on the Tribal Council, nor shall a tribal judge be actively involved in the campaign of another for Tribal Council.
A tribal court judge should refrain from all political activities or actions which could be interpreted in the tribal community as supporting any political position except that the community has the right and the responsibility to govern its own members and its own territory. All actions should be consistent with this belief and supportive of this community standard. This prohibition does not mean that a judge cannot, if s/he chooses, engage in activities of electoral politics at the local, state, or national level. This prohibition is specific as to politics adversely affecting the jurisdictional rights of the tribal community.
A candidate, including an incumbent judge, for a tribal judicial office that is filled by tribal election or appointment:
1. Should maintain the dignity appropriate to the judicial office and should refrain from any political activity which might interfere with the performance of his/her judicial duties. Further, a tribal court judge should encourage members of his/her family to adhere to the same standards of political conduct that apply to him/her; and/or
2. Should not make pledges or promises of conduct in judicial office other than the faithful and impartial performance of the duties of the office, nor announce his/her views on disputed legal or political issues.

2.108 Continuing Educational Activities. A judge, regardless of their education and experiences prior to being appointed or elected a judge, should seek further legal and pertinent non-legal education designed to improve their performance as a judge.

2.109 Short Title. This Code shall be known and may be cited as the "Code of Tribal Judicial Conduct".

2.110 Effective Date. This Code becomes effective on July 10,1998 (Constitutional Ref.).

Section 2.200. Code of Conduct for Tribal Court Clerks,Magistrates, Administrators and Other Court Personnel

2.201 Applicability of this Code of Court Personnel. This Code applies to court clerks, court magistrates, court administrators or other similar court personnel who are employed within a tribal judicial system, whether such employment is on a full-time, part-time or pro tempore basis.

2.202 Integrity and Independence of Court Personnel. Court personnel should uphold the integrity and independence of the judiciary and of the court personnel's office in that an independent and honorable judiciary is indispensable to justice in the tribal community. Therefore, court personnel should observe and impart to other court personnel high standards of conduct so that the integrity and the independence of the judiciary may be preserved and so that the court personnel's office may reflect a devotion to serving the public. The provisions of this Code (Sections 2.201 through 2.210, inclusive) should be construed and applied to further these objectives. The standards of this section shall not affect or preclude other standards which may be promulgated by the Court.

2.203 Impropriety and the Appearance of Impropriety. Court personnel should not engage in any activity which would put into question the propriety of conduct in carrying out the duties of the office, including but not limited to the following:

Court personnel shall not allow family, social, or other relationships to influence official conduct or judgment. Court personnel shall not lend the prestige of their office to advance the interests of himself/herself or others, nor should court personnel convey, or others be permitted to convey, the impression that they are in a special position to influence the court personnel;
Court personnel, as well as family member(s) who reside in the same household as the court personnel, should not accept a gift, bequest, favor, or loan from any person whose interests have come, or are likely to come, before said court personnel or from any other person under circumstances which might reasonably be regarded as influencing the performances of the duties of the office;
Court personnel should abstain from public comment about pending or impending Court proceedings and should require similar abstention on the part of other court personnel. Court personnel should never disclose to any person any confidential information received in the course of official business, nor should such information be employed for personal gain;
Court personnel should avoid favoritism, unfairness, or nepotism in connection with the hiring, discharge, or treatment of subordinate court staff;
Court personnel should never influence or attempt to influence the assignment of cases, or perform any discretionary or ministerial function of the Court in a biased manner, which improperly favors any litigant or attorney or other representative, nor imply that such court personnel is in a position to do so; and/or
Court personnel should not practice law.

2.204 Performance of Duties Impartially and Diligently. The official duties of court personnel take precedence over all activities. The official duties include all the duties of the court personnel's respective office as prescribed by law or by order of the tribal court. In the performance of these duties, the following standards apply:

Court personnel should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartially of the tribal judiciary and the respective court personnel's office; and
Court personnel should be faithful to the highest standard of the profession and maintain professional competence in it. Also, court personnel should be patient, dignified, courtesy, and fair to all persons whom s/he has contact with in an official capacity such as litigants, jurors, witnesses, lawyers, lay advocates and others, and should require similar conduct from subordinate staff and others subject to his/her direction and control.

2.205 Improvement of the Legal System and the Administration of Justice. Court personnel, subject to the proper performance of official duties, may engage in the following quasi-official activities:

Court personnel may speak, write, lecture, teach and participate in other activities concerning court management, the legal system, and the administration of justice; and
Court personnel may promote the development of professional organizations and foster the interchange of technical information and experience with others in the profession. Court personnel should be available to the public-at-large for speaking engagements and public appearances designed to enhance the public's knowledge of the operation of the tribal court system.

2.206 Extra-Official Activities.

Vocational Activities: Court personnel may write, lecture, teach, and speak on subjects unrelated to the profession, and may engage in the arts, sports, and other social and recreational activities, provided such vocational activities do not detract from the dignity of the office, interfere with performance of official duties, or adversely reflect on the operation and dignity of the Court.
Civic and Charitable Activities: Court personnel may participate in civic and charitable activities that do not detract from the dignity of the office or interfere with the performance of official duties. Court personnel may serve as an officer, director, trustee or advisor of a civic or charitable organization and solicit funds for any such organization, subject to the following limitations:
1. Court personnel should not use or permit the use of the prestige of the court personnel's office in the solicitation of funds;
2. Court personnel should not solicit subordinate staff to contribute to or participate in any civic or charitable activity, but may call their attention to a general fund-raising campaign such as the United Way; and
3. Court personnel should not solicit funds from lawyers or persons likely to come before the respective court personnel's office or the Court served.
Financial Activities: Without the express permission of the Court, court personnel may not carry on financial and business dealings, including services as a fiduciary. Such permission shall not be granted in any case where the activity would tend to reflect adversely on impartiality, interfere with the proper performance of official duties, exploit an official position, or come before the respective court personnel's office or the Court served.
Extra-Official Appointments: Court personnel should not accept appointment to a governmental committee, commission or other position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, or the administration of justice.
Compensation for Quasi-Official and Extra-Official Activities: Court personnel may from time to time receive compensation for certain quasi-official and extra-official activities permitted by this Code (e.g. such as the preparation of a hearing or trial transcript for a party) if the source of such payment does not influence or give the appearance of influencing the court personnel in the performance of official duties or otherwise give the appearance of impropriety, subject to the following:
1. Compensation: Compensation should not exceed a reasonable amount nor should it exceed that normally received by others for the same activity; and
2. Records: Court personnel must keep records and file reports of such compensation as may be required by tribal law or court rule.

2.207 Political Activities. Court personnel should refrain from partisan political activity and

Should not act as a leader or hold office in a political organization; or
Should not make speeches for or publicly endorse a political organization, candidate or event; or
Should not solicit funds or contribute to a political organization, candidate or event; or
Should not become a candidate for political office other than if their role with the court is an elected position (e.g., magistrate); or
Should not otherwise actively engage in partisan political activities.

However, court personnel may engage in non-partisan political activity that does not tend to reflect adversely on the dignity of the Court or the respective court personnel's office or interfere with the proper performance of official duties.

2.208 Continuing Educational Activities. Court personnel, regardless of their education and experience prior to being appointed or elected as court personnel, should seek further legal and pertinent non-legal education designed to improve their performance as court personnel.

2.209 Short Title. This Code shall be known and be cited as the "Code of Conduct for Tribal Court Clerks, Magistrates, Administrators and Other Court Personnel."

2.210 Effective Date. This Code shall become effective on July 10,1998 (Constitutional Ref.).

Section 2.300. Code of Ethics for Lawyers and Lay Advocates

2.301 Applicability of this Code of Ethics for Lawyers and Lay Advocates. This Code shall apply to all persons, whether licensed attorneys or lay advocates, who are admitted to practice before the Court. It is recognized that attorneys who are admitted to practice before the Court are also members of the State Bar of Michigan or some other State and are therefore subject to discipline under the appropriate State ethical rules. This Code is not intended to preempt or supersede any State authority to discipline attorneys for any conduct prohibited by this Code.

2.302 Purpose. This Code is adopted both as an inspirational guide to the persons practicing before the Tribal Court and as a basis for disciplinary action when the conduct of a person falls below the required minimum standards stated in the rules set forth below.

2.303 Definitions. When used in this Subchapter (2.301 through 2.313, inclusive) the following definitions apply in addition or supplemental to the terms defined in Sections 2.002, unless the content otherwise indicates:

"Belief' or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances, traditions and customs.
"Consult" or "consultation" denotes communication of information reasonably sufficient to permit the client to appreciate the significance of the matter in question.
"Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization.
"Fraud" or 'fraudulent" denotes conduct having a purpose to deceive and not merely negligent misrepresentation or the failure to apprise another of relevant information.
"Knowingly, " "known, "or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from the circumstances.
"Lawyer" or "attorney" includes a lay advocate admitted to practice before Tribal Court.
"Partner" denotes a member of a partnership and/or a shareholder in a law firm organized as a professional corporation.
"Person" includes a corporation, an association, a trust, a partnership or any other organization or legal entity.
"Reasonable" or "reasonably" when used in relation to conduct by a lawyer, denotes the conduct of a reasonably prudent and competent lawyer.
"Reasonable belief' or "reasonably believes" when used in reference to a lawyer, denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.
"Reasonably should know" when used in reference to a lawyer, denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.
"Substantial" when used in reference to degree or extent, denotes a material matter of clear and weighty importance.
"Tribal Court" means the Tribal Court of the Little River Band of Ottawa Indians.

2.304 Client - Lawyer Relationship. The following provisions apply to the client-lawyer relationship:

Competence. A lawyer shall provide competent representation to a client. A lawyer shall not:
1. Handle a legal matter which the lawyer knows or should know that the lawyer is not competent to handle, without associating with a lawyer who is competent to handle it;
2. Handle a legal matter without preparation adequate in the circumstances; or
3. Neglect a legal matter entrusted to the lawyer.
Scope of Representation.
1. A lawyer shall seek the lawful objectives of a client through reasonably available means permitted by law and this Code. A lawyer does not violate this rule by acceding to reasonable requests of opposing counsel which do not prejudice the rights of the client, by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process. A lawyer shall abide by a client's decision whether to accept an offer of settlement or mediation evaluation of a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive a jury trial, and whether the client will testify. In representing a client, a lawyer may, where permissible, exercise professional judgment to waive or fail to assert a right or position of the client.
2. A lawyer may limit the objectives of the representation if the client consents after consultation.
3. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is illegal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning, or application of the law.
4. When a lawyer knows that a client expects assistance not permitted by this Code or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer's conduct.
Diligence. A lawyer shall act with reasonable diligence and promptness in representing a client.
Communication.
1. A lawyer shall keep a client reasonably informed about the status of a matter and comply promptly with reasonable requests for information. A lawyer shall notify the client promptly of all settlement offers, mediation evaluations, and proposed plea bargains.
2. A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Fees.
1. A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. The factors to be considered in determining the reasonableness of a fee include the following:
  1. the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
  2. the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
  3. the fee customarily charged in the locality for similar legal services;
  4. the amount involved and the results obtained;
  5. the time limitations imposed by the client or by the circumstances;
  6. the nature and length of the professional relationship with the client;
  7. the experience, reputation, and ability of the lawyer or lawyers performing the services; and
  8. whether the fee is fixed or contingent.
2. When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.
3. A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (4) below or by other law. A contingent-fee agreement shall be in writing and shall state the method by which the fee is to be determined. Upon conclusion of a contingent-fee matter, the lawyer shall provide the client with a written statement of the outcome of the matter and, if there is a recovery, show the remittance to the client and the method of its determination.
4. A lawyer shall not enter into an arrangement for, charge, or collect a contingent fee in a domestic relations matter or in a criminal matter.
5. A division of a fee between lawyers who are not in the same firm may be made only if
  1. the client is advised of and does not object to the participation of all lawyers involved; and
  2. the total fee is reasonable.
    
    COMMENT As to Section 2.304(E), consideration should be given as to whether this provision should apply to lay advocates or whether a modified version of this provision be enacted for lay advocates. Note: Pursuant to 2.303(F), the term lawyer is deemed to include lay advocates unless specifically indicated otherwise. Also, See Section 2.308(D).
Confidentiality of Information.
1. "Confidence" refers to information protected by the client-lawyer privilege under applicable law, and "secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
2. Except when permitted under paragraph (3) below, a lawyer shall not knowingly:
  1. reveal a confidence or secret of a client;
  2. use a confidence or secret of a client to the disadvantage of the client; or
  3. use a confidence or secret of a client to the disadvantage of the lawyer or of a third person, unless the client consents after full disclosure.
3. A lawyer may reveal:
  1. confidences or secrets with the consent of the client or clients affected, but only after full disclosure to them;
  2. confidences or secrets when permitted or required by these rules, or when required by law or by court order;
  3. confidences and secrets to the extent reasonably necessary to rectify the consequences of a client's illegal or fraudulent act in the furtherance of which the lawyer's services have been use;
  4. the intention of a client to commit a crime and the information necessary to prevent the crime; and
  5. confidences or secrets necessary to establish or collect a fee, or to defend the lawyer or the lawyer's employees or associates against an accusation of wrongful conduct.
4. A lawyer shall exercise reasonable care to prevent employees, associates, and others whose services are utilized by the lawyer from disclosing or using confidences or secrets of a client, except that a lawyer may reveal the information allowed by Subparagraph (F) (3) above through an employee.
Conflict of Interest: General Rule.
1. A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
  1. the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
  2. each client consents after consultation.
2. A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interest unless:
  1. the lawyer reasonably believes the representation will not be adversely affected; and
  2. the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
Conflict of Interest: Prohibited Transactions.
1. A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:
  1. the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner that can be reasonably understood by the client;
  2. the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and
  3. the client consents in writing thereto.
2. A lawyer shall not use information relating to the representation of a client to the disadvantage of the client unless the client consents after consultation, except as permitted or required by Subparagraph 2.304(F) or 2.306(C).
3. A lawyer shall not prepare an instrument giving the lawyer or a person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee.
4. Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
5. A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:
  1. a lawyer may advance court costs and expenses of litigation, the repayment of which shall ultimately be the responsibility of the client; and
  2. a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.
6. A lawyer shall not accept compensation for representing a client from one other than the client unless:
  1. the client consents after consultation;
  2. there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and
  3. information relating to representation of a client is protected as required by Subparagraph 2.304(F).
7. A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or, in a criminal case, an aggregated agreement as to guilty or nolo contendere pleas, unless each client consents after consultation, including disclosure of the existence and nature of all claims or pleas involved and of the participation of each person in the settlement.
8. A lawyer shall not:
  1. make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless permitted by law and the client is independently represented in making the agreement; or
  2. settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith.
9. A lawyer related to another lawyer as parent, child, sibling, or spouse shall not represent a client in a representation directly adverse to a person whom the lawyer knows is represented by the other lawyer except upon consent by the client after consultation regarding the relationship.
10. A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may:
  1. acquire a lien granted by law to secure the lawyer's fee or expenses; and
  2. contract with a client for a reasonable contingent fee in a civil case, as permitted by Subparagraph 2.304(E)
Conflict of Interest: Former Client.
1. A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation.
2. Unless the former client consents after consultation, a lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated has previously represented a client
  1. whose interests are materially adverse to that person, and
  2. about whom the lawyer had acquired information protected by Subparagraphs 2.304(F) and(n(3).
3. A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:
  1. use information relating to the representation to the disadvantage of the former client except as Subparagraphs 2.304(F) or 2.306 (C) would permit or require with respect to a client, or when the information has become generally known; or
  2. reveal information relating to the representation except as Subparagraphs 2.304(F) or 2.306(C) would permit or require with respect to a client.
Imputed Disqualification: General Rule.
1. While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Subparagraphs 2.304 (G), (H)(3), I(1) or (3); or 2.305(B).
2. When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, is disqualified under Subparagraph 2.304(n(2), unless:
  1. the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and
  2. written notice is promptly given to this Court to enable it to ascertain compliance with the provisions of this rule.
3. When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer, and not currently represented by the firm, unless:
  1. the matter is the same or substantially related to that in which the formerly associated lawyer represented the client, and
  2. any lawyer remaining in the firm has information protected by Subparagraphs 2.304(F) and/or (I)(3) that is material to the matter.
4. A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in Subparagraph 2.304(G).
Client Under a Disability.
1. When a client's ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority or mental disability or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
2. A lawyer may seek the appointment of a guardian or take other protective action with respect to a client only when the lawyer reasonably believes that the client cannot adequately act in the client's own interest.
Safekeeping Property.
1. A lawyer shall hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property. All funds of the client paid to a lawyer or law firm, other than advances for costs and expenses, shall be deposited in an interest bearing account in one or more identifiable banks, savings and loan associations, or credit unions maintained in the State in which the law office is situated, and no funds belonging to the lawyer or the law firm shall be deposited therein except as provided in this rule. Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation.
2. Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.
3. When in the course of representation a lawyer is in possession of property in which both the lawyer and another person claim interest, the property shall be kept separate by the lawyer until there is an accounting and severance of their interest. If a dispute arises concerning their respective interests, the portion in dispute shall be kept separate by the lawyer until the dispute is resolved.
Declining or Terminating Representation.
1. Except as stated in Subparagraph (M)(3) below, a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
  1. the representation will result in violation of this Code of Ethics or other law;
  2. the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or
  3. the lawyer is discharged.
2. Except as stated in Subparagraph (M)(3) below, a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:
  1. the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;
  2. the client has used the lawyer's services to perpetrate a crime or fraud;
  3. the client insists upon pursing an objective that the lawyer considers repugnant or imprudent;
  4. the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
  5. the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
  6. other good cause for withdrawal exists.
3. When ordered to do so by this Court, a lawyer shall continue representation notwithstanding good cause for terminating the representation.
4. Upon termination of representation, a lawyer should take reasonable steps to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by law.

2.305 Counselor. The following provisions shall apply when a lawyer serves in the role of counselor:

Advisor. In representing a client, a lawyer shall exercise independent professional judgment and shall render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social, and political factors that may be relevant to the client's situation.
Intermediary.
1. A lawyer may act as intermediary between clients if:
  1. the lawyer consults with each client concerning the implications of the common representation, including the advantages and risks involved and the effect on the client-lawyer privileges, and obtains each client's consent to the common representation;
  2. the lawyer reasonably believes that the matter can be resolved on terms compatible with the client's best interests, that each client will be able to make adequately informed decisions in the matter, and that there is little risk of material prejudice to the interests of any of the clients if the contemplated resolution is unsuccessful; and
  3. the lawyer reasonably believes that the common representation can be undertaken impartially and without improper effect on other responsibilities the lawyer has to any of the clients.
2. While acting as intermediary, the lawyer shall consult with each client concerning the decisions to be made and the considerations relevant in making them, so that each client can make adequately informed decisions.
3. A lawyer shall withdraw as intermediary if any of the clients so requests, or if any of the conditions stated in Subparagraph (B) (2) above is no longer satisfied. Upon withdrawal, the lawyer shall not continue to represent any of the clients in the matter that was the subject of the intermediation.
Evaluation for Use by Third Persons.
1. A lawyer may, for the use of someone other than the client, undertake an evaluation of a matter affecting a client if:
  1. the lawyer reasonably