Yomba Shoshone Tribe Law and Order Code

A. Authorizations and Definitions
B. Jurisdiction of the Tribal Court
C. Law to be Applied by the Tribal Court
D. Court Clerk
E. Records of the Tribal Court
F. Rules of the Court
G. Practice Before the Tribal Court
H. Appeals From Tribal Court
I. Office of the Tribal Prosecutor

A. AUTHORIZATIONS AND DEFINITIONS

Sec. 1 Establishment of the Tribal Court

Pursuant to the authority granted to the Tribal Council by the Constitution and By Laws of the Yomba Shoshone Tribe of the Yomba Reservation of Nevada, there is hereby established a Tribal Court to be known as the Yomba Shoshone Tribal Court.

Sec. 2 Title Categories Defined

TITLE as shown above

CHAPTER as shown above

SECTION as shown above

SUBSECTION Small letter with a period a., b., etc.

PARAGRAPH Number in parenthesis (1), (2), etc.

SUBPARAGRAPH Small letter in parenthesis (a), (b), etc.

DIVISION Small Roman Numerals in parenthesis (i), (ii), etc.

SUBDIVISION Double small letters in parenthesis (aa), (bb), etc.

Sec. 3 Words and Terms Defined

Words or terms defined in one Title of this Code also apply to other Titles unless that specific Title has its own definition for the same word or term.

a. Clerk - Clerk of the Court (also called the Court Clerk).

b. Code - This Law and Order Code manual.

c. Defendant - A person charged or accused, or an agent or agents of the accused when they are acting within the scope of the accused authority, in a civil or criminal action.

d. He, him and his - She, her and hers, when appropriate.

e. Juvenile Court - The Juvenile Court of the Yomba Shoshone Tribe.

f. Person - Any natural person, partnership, corporation, association or body politic

g. Personal Jurisdiction - What persons are subject to the authority of Tribal Courts.

h. Personal Property - In a general sense, everything that is the subject of ownership, not coming under the definition of real property.

i. Plaintiff - One who files a lawsuit

j. Prosecutor

(1) Any person who presents the case against the defendant. The prosecutor may be any person designated by the Tribal Council or Tribal Judge, including a complaining witness or a Tribal police officer who is the complaining witness.

(2) The prosecutor shall be considered to be acting on behalf of the Tribe in prosecuting the case against the defendant.

(3) No Tribal Judge shall act as prosecutor.

k. Real Property - Land and whatever is erected or growing upon or affixed to land except that real property shall not include anything affixed to a land assignment after the assignment is made.

l. Subject Matter Jurisdiction - The types of civil cases that can be heard by Tribal Courts.

m. Territory - The territory within the jurisdiction of the Yomba Shoshone Tribe as set forth in the Tribe's Constitution.

n. Tribal Court - The Court operating within the jurisdiction of the Yomba Shoshone Tribe, whether a Tribal Court or a Court of Indian Offenses.

o. Tribe - The Yomba Shoshone Tribe.

B. JURISDICTION OF THE TRIBAL COURT

Sec. 1 Territorial Jurisdiction of the Tribal Court

Jurisdiction of the Tribal Court shall extend to all tribal held lands as defined in the Tribe's Constitution including trust and non-trust lands and all roads, water and bridges, and to any lands which may, in the future, become subject to the jurisdiction of the Tribe by virtue of an Executive Order, a Declaration or Regulation of the United States Department of the Interior, a Declaration or Order of a Court of competent jurisdiction, or other lawful means.

Sec. 2 Civil Jurisdiction

a. The Tribal Court shall have subject matter jurisdiction over all civil causes of action.

b. Personal jurisdiction shall exist over any defendant served in an action pursuant to Civil Procedure, under any of the following circumstances:

(1) Service Within the Territorial Jurisdiction of the Tribe - Any person served within the territorial jurisdiction of the Tribe is within the jurisdiction of the Tribal Court.

(2) Service Outside the Territorial Jurisdiction of the Tribe - The Tribal Court shall have jurisdiction over any person served outside the territorial jurisdiction of the Tribe for any cause of action which arises from the doing of one or more of the following acts:

(a) Transacting any business or negotiating any commercial paper within the territorial jurisdiction of the Tribe

(b) Committing a tortious act within the territorial jurisdiction of the Tribe.

(c) Owning, possessing or using any real property located within the territorial jurisdiction of the Tribe.

(d) Contracting to insure any person, property or risk located with the territorial jurisdiction of the Tribe at the time of contraction.

(e) Living in a marital relationship within the territorial jurisdiction of the Tribe, as to all obligations arising for alimony, child support or property settlement, if the other party to the marital relationship continues to reside within the territorial jurisdiction of the Tribe.

Sec. 3 Criminal Jurisdiction

To the extent permitted by federal law, the Tribal Court shall have criminal jurisdiction over all offenses stated in this Law and Order Code and any subsequent ordinance adopted by the Tribe when committed within the territorial jurisdiction of the Tribe by any Indian.

Sec. 4 Probate Jurisdiction

To the extent permitted by federal law, the Tribal Court shall have probate jurisdiction over all of the real and personal property located within the territorial jurisdiction of the Court at the time of death and the personal property, wherever located, of any person who is a resident of the territorial jurisdiction of the Yomba Shoshone Tribe at the time of death.

Sec. 5 Juvenile Jurisdiction

To the extent permitted by federal law, the Tribal Court shall have original jurisdiction in all proceedings and matters affecting Indian and non-Indian children under the age of 18 years, who are residing or apprehended within the jurisdiction of the court designated as the Juvenile Court.

C. LAW TO BE APPLIED BY THE TRIBAL COURT

Sec. 1 Tribal Law

a. The Tribal Court shall apply the provisions of this Code and any additional ordinances adopted by the Tribe.

b. The Yomba Shoshone Tribe may not be sued in a Court of Indian Offenses unless its Tribal governing body explicitly waives its Tribal Sovereign Immunity by Tribal resolution or ordinance.

Sec. 2 Tribal Custom

In matters not covered by the Code or any ordinances, the Tribal Court shall apply traditional customs of the Tribe if this issue is raised by one of the parties, or, on the Court's own motion.

Sec. 3 Federal Law

In any matter not covered by Chapter B, Sections 1 and 2, the Tribal Court shall apply any laws of the United States which could be applied by any courts of general jurisdiction of any State, and any applicable federal regulations subject to the provisions of Section 4, of this Chapter.

Sec. 4 Other Laws

In any matter not covered by Chapter B, Sections 1 and 2, the Tribal Court may apply any laws of any State, any other tribe, or any foreign country in making its decision in making its decision, as to which law to apply, the Tribal Court shall consider the arguments of all parties in the action, as well as the Tribal Council if the Tribal Council requests to be heard on said mailer.

Sec. 5 Inapplicability of Code of Federal Regulation (CFR) 25 Part 11

Upon the passage of this Code, Code of Federal Regulation 25, Part 11, shall not be applied by the Tribal Court to the extent that it is inconsistent with this Law and Order Code.

Sec. 6 Composition of the Tribal Court

The Tribal Court shall consist of one (1) Chief Judge and at least one (1) Associate Judge, as the Tribal Council deems necessary, to carry out the business of the Tribal Court.

Sec. 7 Qualifications of the Chief Judge

The Chief Judge may be any person, whether Indian or non-Indian and whether a resident or nonresident of the Reservation provided such person:

a. Is 21 years of age or older.

b. Has never been convicted of a felony, unless a full pardon has been received for the offense.

c. Has not been convicted of a misdemeanor within the past year.

d. Is willing to attend training sessions for Tribal Judges.

e. Meets minimum education requirement of high school graduate.

Sec. 8 Qualifications of Associate Judge

The Associate Judge shall be any person, whether Indian or non-Indian, but preferably a Tribal member, who meets the requirements for Chief Judge set out in Section 7, Subsection "a" through "e".

Sec. 9 Appointment of Judge

a. All judges shall be appointed by the Tribal Council.

b. Nothing in this Chapter shall prohibit the Tribal Council from contracting or agreeing with the Bureau of Indian Affairs or another agency or organization that such agency or organization shall provide all or part of the compensation of a judge of the Tribal Court, or of the Tribal Court.

c. During the selection of judge, if a candidate is a member of the Tribal Council, he shall be excluded from the vote.

Sec. 10 Term of Office

a. All judges shall serve for a term of one (1) year and until their successor takes office, unless removed for cause.

b. Judges shall be eligible for reappointment.

Sec. 11 Oath of Office

Before taking office, each judge shall take the following oath or affirmation, administered by the Chairman of the Tribal Council or his designate at a regularly scheduled meeting:

"I, ____________________________________________ do solemnly swear that I will support and defend the Constitution of the United States against all enemies; that I will faithfully and impartially carry out the duties of my office to the best of my ability; that I will cooperate, promote, and protect the best interests of my tribe, in accordance with the Constitution and By Laws of the Yomba Shoshone Tribe of Nevada."

Sec. 12 Duties and Powers of Judges

a. The Chief and Associate Judges of the Tribal Court shall have the duty and power to conduct all court proceedings and to issue all orders and papers incident thereto, in order to administer justice in all matters within the jurisdiction of this Court. In so doing, they shall:

(1) Be responsible for establishing and maintaining Rules of Court regulating conduct in the Tribal Court.

(2) Hold Court regularly at a time and place designated by the Tribal Council.

(3) Hear and decide all cases.

(4) Enter all appropriate orders and judgments.

(5) Issue all appropriate warrants.

(6) Keep such records as required by Tribal Ordinance and the Rules of Court.

(7) Perform the duties of the Clerk in the absence of the Clerk.

(8) Perform such other acts as necessary and proper in the administration of the Tribal Court.

b. Unless a coroner is appointed in accordance with the provisions of this Code, the Chief Judge or Associate Judge shall have the authority to perform the duties of a coroner.

c. The Chief Judge shall hear all cases except those which are assigned to an Associate Judge or which must be heard by an Associate Judge in order to assure the prompt administration of justice.

Sec. 13 Appointment of Temporary Judges

a. If, due to the disqualification or other unavailability of the Chief and Associate Judges, an additional judge is needed to adjudicate matters at trial or on appeal, the Tribal Council shall have the power to appoint a temporary judge to hear the case.

b. The Tribal Council must make such an appointment when it's necessary to insure the prompt administration of justice.

c. Whenever possible_, a temporary judge shall have experience as a Tribal Judge.

Sec. 14 Compensation of Judges

The compensation of all judges of the Tribal Court shall be set by resolution of the Tribal Council. No judge shall have his compensation reduced during his term of office.

Sec. 15 Removal of Judges

a. Judges may be removed for good cause by at least four (4) affirmative votes of the Tribal Council. Good cause exists only when a judge doesn't meet the qualifications as set forth or fails to properly perform one or more of his duties. The Tribal Council shall be the sole judge as to whether good cause exists.

b. Procedures to be followed in removing a judge:

(1) No action will be taken except on written complaint to the Tribal Council setting forth specific facts which justify removal.

(2) The judge shall be immediately notified of the charges against him.

(3) Within 15 days of receiving a complaint against a judge, the Tribal Council shall decide by a majority vote of a quorum whether the complaint is frivolous and should be dismissed.

(4) If the complaint isn't dismissed as frivolous, the judge shall have an opportunity to be heard prior to the Tribal Council's decision on whether or not the complaint should be dismissed. Notice of this decision must be sent by certified mail, return receipt requested, to both the judge accused and the complainant within five (5) days of the Tribal Council decision. No judge shall be removed except following a hearing on the complaint and a subsequent decision by the Tribal Council that removal is appropriate.

(5) If the Tribal Council decides a hearing is required, it shall set a date for such hearing, at least 15 days, but not more than 30 days, from the date of the notice required above. The Tribal Council shall notify the accused judge and the complainant of the date of the hearing in the notice required above. The accused judge shall be suspended Without pay from his duties from the date on which the Tribal Council decides that a hearing is necessary.

(6) At the hearing scheduled pursuant to this section, both the accused judge and the complainant shall be given an opportunity to present evidence, call witnesses, and make a statement to the Tribal Council in support of their contentions. The accused judge and the complainant have the right to counsel, at their own expense.

(7) Within 48 hours after a hearing is held, the Tribal Council shall vote on whether or not the evidence presented establishes that good cause exists for removing the judge. The parties shall be notified in writing of the Tribal Council's decision within three (3) days in the manner provided in this section. Any judge not removed is restored to his duties on the decision of the Tribal Council with back pay to the date of his suspension.

Sec. 16 Disqualification of Judges: Conflict of Interest

a. No judge shall hear or determine any case when he has a direct interest in the outcome of such case. Any party or the judge may raise the question of conflict of interest. Upon decision by the judge involved that disqualification is appropriate, another judge of the Tribal Council shall hear the case. If the judge refuses to disqualify himself, such refusal may be made a basis for an immediate appeal without awaiting for a final decision in the case. During the pendency of the appeal, the proceedings in the Tribal Court shall be stayed. If the Appellate Court determines that the judge should have disqualified himself, it shall order a trial in the Tribal Court before a different judge.

b. A judge having a relationship to one or both of the parties listed in Subsection "a." of this Section may hear a case if both or all parties know or are advised of the relationship and consent in writing to have the judge hear the case.

D. COURT CLERK

Sec. 1 Qualifications of Clerk

The clerk shall:

a. Be Willing to attend training sessions for Tribal Court Clerks.

b. Be qualified to perform the duties of the clerk as set forth.

Sec. 2 Appointment of Clerk

The clerk shall be appointed by the Tribal Council in compliance with Tribal Personnel Policies.

Sec. 3 Duties of the Clerk

a. The clerk shall keep the records of the court, including but not limited to, a case file with an identifying number containing all of the pleadings and all papers filed in each case.

b. The clerk shall send out all notices required by Tribal Law to be sent by the Tribal Court.

c. The clerk shall assist all persons or organizations with business before the Court to insure the efficient operation of the Tribal Court. Such assistance may include, but is not limited to, help with the preparation of papers to be filed with the Tribal Court.

d. The clerk shall collect all fines paid, pay out all fees authorized by law, and account for all moneys to the Tribal Council.

e. The clerk shall attend all sessions of the Tribal Court to administer oaths and otherwise assist the judge in the conduct of the Court.

f. The clerk shall be under the supervision of the Chief Judge and Associate Judge an shall perform such other duties with regard to the Tribal Court as the judges may direct.

g. The clerk must maintain the confidentiality of all juvenile and domestic relations court files. Only officers of the court, parties and persons authorized by parties shall be allowed access to court files in domestic relations and juvenile cases. All other court files are open to the members of the Tribe, court personnel, and parties to a lawsuit.

h. The clerk must maintain accurate records of fines and able to be bonded.

i. Nothing in Section shall be construed to prohibit the clerk from having other duties consistent with the Office of the Clerk, such as matron, bookkeeper, etc.

Sec. 4 Judge May Assume Duties of the Clerk

When, for whatever reason, the position of the clerk is vacant or the clerk is unavailable, the judge may assume and perform the duties of the clerk.

Sec. 5 Termination of Clerk

The clerk may be removed from office only with good cause by the Tribal Council.

E. RECORDS OF THE TRIBAL COURT

Sec. 1 Court Files

a. Court files on a particular case are generally open to tribal members or their authorized representatives. The judge, however, may order a particular case file sealed, if he feels it's in the best interest of the Tribe. Juvenile and domestic relation cases are subject to the provision of Chapter D, Section 3, Subsection "g".

b. Authorized persons may inspect files only during the ordinary working hours of the clerk or the judge, to insure the integrity of court records. Under no circumstances shall anyone except a judge hearing the case take a file from the clerk's office without an order from the judge.

c. A copy of any document contained in a court file may be obtained from the clerk by any authorized person for a reasonable charge to cover the expense of copying. The clerk shall certify that such copies are accurate copies of the documents on file.

Sec. 2 Recording Court Proceedings

a. The clerk shall record the proceedings of the court on a tape recorder. The recording shall be identified by a case number_, issued by the clerk, and kept for one (1) year for use in appeals or collateral proceedings in which the events of the hearing or the manner in which it was conducted are in issue

b. To preserve the integrity of the tape recording, the clerk shall store it in a safe place and release it only to the relevant court, or pursuant to an order from the judge.

Sec. 3 Forms of Decisions

a. Each decision of a Tribal Court, whether at trial or on appeal, shall be recorded on a form. The form shall provide for recording the date, the case number, the parties of the subsequent complaint, a brief summary of the evidence presented, the judge's decision and the judgment of the Court.

b. This decision form shall be placed in the case file as an official document of the Tribal Court.

F. RULES OF THE COURT

Sec. 1 Preparation of Rules

The Chief Judge and Associate Judge may prepare Rules of Court concerning conduct in the Tribal Court. Such rules may include the time and place of court sessions, the form and filing deadlines, pleading, decorum in the courtroom, and other matters which will make the Tribal Court function more efficiently.

Sec. 2 Approval of Rules

The Rules of Court shall be reviewed by the Tribal Council and become effective only upon approval of the Tribal Council.

Sec. 3 Amendment of Rules

The Rules of Court may be amended by a resolution of the Tribal Council. Such a resolution should specify which Rules are superseded and include the text of the new Rules.

Sec. 4 Sanctions

Where one party suffers actual monetary damages, including fees to a representative, due to delay in the proceedings or any other reason, because of the failure of some other party before the Court to obey the Rules of the Court, the injured party may move to recover the actual damages.

G. PRACTICE BEFORE THE TRIBAL COURT

Sec. 1 Right to Represent Oneself or Have a Representative as Counsel

a. Any person who is a party to a case before the Tribal Court shall have the right to represent himself.

b. Any person who is a party to any case may employ a representative as counsel to help present his case, at his own expense.

Sec. 2 Who May be a Representative

a. Any person may be a representative and appear on behalf of another person upon subscribing to the following oath:

"I, __________, do hereby swear (or affirm) that I am familiar with the Tribal Law and Order Code and that I will conduct myself with honor towards those I represent and with respect before the Tribal Court."

b. A list of persons who have fulfilled the requirements of this Section shall be kept by the clerk.

Sec. 3 Representative's Right to Appear

a. A representative may be denied the privilege of appearing before the Tribal Court, permanently or for a stated period of time, on one of the following grounds:

(1) Swearing in court to facts known to him to be false

(2) Conviction within the last year of a gross misdemeanor.

(3) Conviction of a felony at any time.

b. No representative may be denied the privilege of appearing before the Tribal Court under Subsection "a" of this Section without a hearing before the Tribal Court in which the necessary charges must be proven by a preponderance of the evidence.

H. APPEALS FROM TRIBAL COURT

Sec. 1 Right of Appeal

Any person who can establish legal cause may appeal any Final Order_, Commitment or Judgment of the Tribal Court, to the Appellate Court in the manner prescribed by the rules of this Tribal Law and Order Code.

Sec. 2 Parties

The party submitting the appeal for Appellate Court review shall be referred to as the Appellant, all other parties shall be referred to as the Appellee. The caption and identity of the case shall be the same as that used in the Tribal Court.

Sec. 3 Appeal Procedure

a. Any person who can establish legal cause, may appeal by filing a written Notice of Appeal with the Tribal Court Clerk within 30 days of the judge's decision. The Notice of Appeal should specify the parties to the appeal, the Order of Judgment appealed from, and specific reasons or grounds for the appeal. The Tribal Court Clerk shall file the Notice of Appeal and mail copies, to be provided by the appealing party, to all other parties to the case at their last known address.

b. Upon receiving the Notice of Appeal_, the Tribal Court Clerk shall prepare an Appellate case file and transfer the entire transcript of court record to the Inter-Tribal Court of Appeals of Nevada within 30 days or such later date as approved by the Court of Appeals. Copies of case documents will be mailed to each Appellate Judge.

c. Whenever possible, appeals shall be decided on the record of the case. The Appellate Court may grant a Trial De Novo it such is deemed necessary.

d. Appellate Court cases shall be scheduled on a quarterly basis or at such other times and dates as the needs dictate.

I. OFFICE OF THE TRIBAL PROSECUTOR

Sec. 1 Terminology

The term "Office of the Tribal Prosecutor", "Tribal Prosecutor" and "Prosecutor" apply equally as used in this Chapter and Code.

Sec. 2 Qualifications of Tribal Prosecutor

a. The Prosecutor may be Indian or non-Indian.

b. A Law Degree is not required, but the Prosecutor should have previous experience in law matters, such as working in a law firm (legal secretary or aid), within a Court system (Court Clerk, secretary, etc.) or in law enforcement (peace officer, etc.)

c. The Tribal Prosecutor's appointment must be approved by a majority of the Tribal Council.

Sec. 3 Appointment Length of Tribal Prosecutor

The Prosecutor shall be appointed for a term of one (1) year and shall be eligible for reappointment.

Sec. 4 Oath of Office

Before taking office, the Prosecutor shall take the same oath of office as the Tribal Judge, administered by the Tribal Chairman or other authorized person.

Sec. 5 Office of the Tribal Prosecutor to be Apolitical

a. Because the Prosecutor represents all tribal members, he must perform his duties in an unbiased and apolitical manner.

b. To achieve this goal, the Prosecutor is solely under the direction and supervision of the Tribal Council.

c. Further, the Prosecutor is hereby authorized by the Tribal Council to investigate any alleged criminal offense against any person under the jurisdiction of the Yomba Shoshone Tribe, without additional approval being required from the Tribal Council.

Sec. 6 Compensation of the Tribal Prosecutor

a. The compensation of the Prosecutor shall be set by resolution of the Tribal Council.

b. Compensation shall be for all duties of the Tribal Prosecutor as outlined in this Chapter, as well as any other duties as may be required by the Tribal Council or by Federal law in the future.

c. The Prosecutor will submit one timesheet per month, either in person or by mail to the Finance Office for compensation.

(1) Said timesheet will state only "Tribal Prosecutor", with no details of his activity being listed in order to insure any investigations or other matters of a sensitive or confidential nature, remain confidential.

d. In the event funding for compensation is unavailable for a particular month, the Prosecutor will be fully compensated when said funding becomes available, either by a separate check or in combination with another month's compensation.

Sec. 7 Duties of the Tribal Prosecutor

a. The Tribal Prosecutor's duties extend beyond the single scheduled court day and include, but are not necessarily limited to:

(1) The prosecuting of criminal cases in the Tribal Court, including follow-up investigations, preparation of related documents, etc. for cases before or coming before the Tribal Court.

(2) Defending Tribal Council members against civil actions filed in the Tribal Court when such actions relate to their duties as a Council member.

(3) To investigate any allegation of a criminal offense brought to the attention of the Tribal Prosecutor by any Tribal member, employee, or other person residing or working within the boundaries of the Yomba Shoshone Reservation, as authorized under Section 5, Subsection "c" of this Chapter.

(a) Although a person making such an allegation should do so in writing, if the person wishes to remain anonymous for fear of retribution, he may do so. If the allegation is substantiated, the complainant may be called upon to testify in Tribal Court.

(i) The Tribal Council may, by a majority vote, require the name of the person making the allegation to be disclosed to them, as may the Tribal Judge.

(aa) Disclosing the name of the complainant shall be done in such a manner as to avoid compromising the investigation.

(ii) The Tribal Council may also request a briefing on an ongoing investigation, which shall also be held in such a manner as to avoid comprising an investigation.

(iii) The Tribal Council, as the supreme governing body of the Yomba Shoshone Tribe, has the authority to order the Tribal Prosecutor to cease any ongoing investigation by a majority vote of the entire Tribal Council. This order should be in writing, addressed to the Tribal Prosecutor to avoid implications of bias or cover-up.

(iv) If requested by the Tribal Council, the Prosecutor will submit a memo at the conclusion of an investigation stating the outcome of said investigation (unfounded; technically founded but in Prosecutor's opinion, prosecution not warranted, etc.).

(v) If prosecution is warranted, normal judicial procedures will apply.

(b) If a person making an allegation of a criminal offense solely for the purpose of harassing, defaming, etc., of another person, the complaining person shall be liable civilly and, if warranted, criminality

(4) To issue investigative subpoena's, which have the force of law, for any documents, reports, files, etc., or any other item, in the furtherance of an investigation.

(a) Failure to obey a Prosecutor's subpoena has the same force of law as a Court issued subpoena with the same criminal penalties.

(5) To utilize the resources of the Tribal Police to assist in any investigation, at the discretion of the Tribal Prosecutor.

(a) No Tribal Police Officer is authorized to disclose any information to any person (including the Tribal Administrator or other employee) Without the prior approval of the Tribal Prosecutor. Inquiries made about an investigation shall be directed to the Tribal Prosecutor and the Tribal Police Officer will notify the Tribal Prosecutor of such inquiries as soon as possible after they occurred.

(6) To interview any person in the furtherance of an investigation and for all person's to cooperate fully with the Tribal Prosecutor or Tribal Police Officer conducting the interview.

(a) If the person being interviewed, has not been subpoenaed and requests a subpoena or requests the presence of a representative, the interview will be stopped until a subpoena is issued and/or until the person has had reasonable time to obtain the services of a representative.

(b) If the person being interviewed is a suspect, he shall be advised of his Rights and agree to waive his Rights (either by signing a waiver form or verbally in front of a witness [preferably the officer and another party]) before any questioning.

(c) A tape recorder or other recording device may be used in an interview as long as the person being interviewed is aware of such device and agrees to its use. The interviewer will note his name, the name of the person being interviewed, the date, time, location of the interview, the subject matter of the interview and the name of any other person present during the interview. If the person being interviewed declines to being recorded, the recording device will be shut off at that point, and the interview will proceed. If not, the interview will be recorded.

(7) To render binding legal opinion regarding the meaning of a word, sentence, paragraph, document or any other written instrument of the Yomba Shoshone Tribe when a question arises as to its meaning.

(a) Said legal opinion may be superseded only by the Tribal Judge, Tribal Council or another court with subject matter jurisdiction

(8) To prepare any written documents, forms, etc., necessary for the Office of the Tribal Prosecutor, or, as requested by the Tribal Council, Tribal Court, Tribal Police or other agency of the Yomba Shoshone Tribe.

(9) To perform any other duties as requested or required by the Tribal Council, Tribal Court, Tribal Police or as required by Federal law.

Sec. 8 Removal of the Tribal Prosecutor

The Tribal Prosecutor may be removed for good cause by a majority vote of the Tribal Council or by mutual agreement with the Prosecutor in accordance with the Prosecutor Contract.

Back to Top