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The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

Last amended: 1999

TRIBAL COURT RULES AND PROCEDURES

PART ONE - APPEALS FROM COUNCIL ACTION

SECTION 1: RIGHT TO APPEAL

Any person who alleges sufficient facts to show that his or her rights, under the Constitution of the Confederated Tribes of Siletz Indians of Oregon or the Indian Civil Rights Act, 25 U.S.C. †1302 et seq., have been violated by an action or actions of the Tribal Council, may request a review before the Tribal Court.

SECTION 2: TIME FOR FILING REVIEW PETITION

Requests for review of Council actions shall be presented to the Clerk of the Court in writing not more than sixty (60) days after an action is alleged to have violated the Petitioner's right or rights or not more than sixty (60) days after the alleged harm first manifested itself if such harm was not apparent on the date of the Council action.

SECTION 3: DUTY TO MITIGATE DAMAGES

Any person who alleges that his or her rights have been violated as set forth in the previous section has the duty to take steps to reduce any harm resulting from Council actions if the steps are reasonable and will not cause unreasonable financial harm or great inconvenience.

SECTION 4: PROCEDURE FOR FILING REVIEW PETITION

Petitions shall be filed by mail to the Clerk of Court or in person at a tribal area office. The area office supervisor must forward the Petition to the Clerk of the Court by the next working day.

SECTION 5: CONTENTS OF PETITIONS

Requests for review shall set forth briefly but specifically and in plain language all of the facts surrounding the Council action in question, how the action violated the petitioner's rights under the Tribal Constitution or the Indian Civil Rights Act, the precise nature of the alleged harm resulting from such action and the remedy sought by the Petitioner. The Clerk of the Court, with the permission of the Chief judge, may assist the Petitioner in the preparation of the Petition if assistance is requested. Notice of the filing of the Petition shall be sent to the Tribal Chairman by the Clerk.

SECTION 6: CLASS ACTIONS

If the allegations in the Petition indicate that several persons were affected similarly by the alleged actions of the Council, the review shall be treated as a class action and the Clerk shall notify all potential parties of the pending review. The relief, if any, awarded by the Court shall apply to all parties not expressing to the Court, in writing, prior to the rendering of a decision, a desire not to participate in the proceeding. Persons electing not to participate in the proceeding are bound by the judgment therein but they can request alternative relief which may be considered by the Court.

SECTION 7: ACTIONS BY MINORS

The parent or parents or guardian of any minor child who has a right of action under this ordinance, may bring an action on behalf of such minor and shall be deemed the Petitioner for purposes of the procedures established by this ordinance.

SECTION 8: AMENDMENTS

The Court may, in its discretion, grant a Petitioner reasonable time, not to exceed ten (10) days, to amend a Petition if justice will be better served.

SECTION 9: ANSWER

The Tribal Council shall have 15 days from the date the petition is served on the Tribal Chairman to file an answer to the allegations in the petition.

SECTION 10: PRELIMINARY REVIEW

The Chief Judge shall review the petition and answer to determine if sufficient facts have been alleged to create a triable issue. If no triable issue is alleged, the petition shall be dismissed.

SECTION 11: HEARING ON THE MERITS

Within three (3) working days of a determination by the Chief Judge that a triable issue is alleged, the Clerk shall notify the Petitioner and the Tribal Chairman when a hearing will be held. Unless an expedited hearing is granted under Part Two, or other good cause is shown by a party, a hearing must be held not less than ten (10) days or more than thirty (30) days from the date of such notice. The parties shall be notified of the date, time and place of the hearing, the right to present oral or physical evidence they deem relevant, the right to be represented by Counsel at their own expense and the right to utilize the Court's authority to compel the appearance of witnesses.

SECTION 12: PRESIDING JUDGE

Ordinarily, hearings will be held before the Chief Judge and two associate judges chosen by the Chief Judge. If the Chief Judge has a conflict of interest or cannot hear the case for good cause, the Acting Chief Judge shall hear the case. If the Acting Chief Judge has a conflict or cannot hear the case for good cause, an associate judge may be appointed by the Chief judge to hear the case. The judge hearing the case shall be termed the presiding judge and he or she shall exercise all duties of the Chief Judge, including selection of the two associate judges, to hear the case. A party may challenge any judge for cause and, upon a showing of bias or prejudice by the challenging party, the judge shall not hear the case.

SECTION 13: CONDUCT OF THE HEARING ON THE MERITS

The cases for each party shall be presented in three phases: opening statements, evidence and closing arguments. The Petitioner shall be first to present each phase of the case. Unless additional time is granted by the presiding judge, each party shall have 20 minutes to present the opening statement and 20 minutes to present the closing argument. The Petitioner may reserve a portion of time for closing argument to present rebuttal to the closing argument of the Council.

SECTION 14: BURDEN OF PROOF

Unless otherwise provided by tribal law, the Petitioner shall have the burden of proving his or her case by a preponderance of the evidence.

SECTION 15: RULES OF EVIDENCE

Evidence presented must be relevant to the issue in dispute. A witness, including a party, may testify as to a statement made by a person not before the Court if the witness hear the statement when it was uttered by the person alleged to have made the statement. The Court may inquire into the circumstances surrounding the failure of the party offering the statement to present the actual speaker and such circumstances may be considered in determining the credibility of the evidence. Whenever practical, documents presented as evidence shall be the originals. All issues regarding the admissibility of evidence shall be decided by the Presiding Judge, who shall have discretion to exclude any evidence for good cause.

SECTION 16: REMEDIES

If the Petitioner meets the burden of proof, and whenever it is just and practical, the Court shall award the remedy sought. To the extent possible, the Court shall prescribe remedies that place the parties in the same position they would have occupied absent the wrongful act or acts of the Council. If such remedy is not practical or does not fully compensate the prevailing Petitioner, the Court shall award a monetary judgment in an amount calculated to be fair compensation, but not to exceed actual monetary loss to the Petitioner, and in no case more than $1,000.00. In appropriate cases, the Court may remand the case back to the Council for further action if the Council can avoid monetary loss to the Petitioner.

SECTION 17: CONTINUANCES

At any stage of the proceeding, the Court may grant a reasonable continuance upon its own motion or the request of a party after a showing of good cause. The Court shall consider the objections of any party to a continuance.

SECTION 18: DECISIONS OF THE COURT

The Court shall decide the issue upon appropriate consideration at the close of the case or may take the matter under advisement for a period not to exceed 20 days. The Court also may decide the issue but defer determination of a remedy for a period not to exceed twenty (20) days. In any case, the Court shall issue a written opinion setting forth its decision and the reasons therefore within twenty-five (25) days of the close of the hearing on the merits.

SECTION 19: OPEN PROCEEDINGS

All proceedings shall be open to the public and press unless the Presiding Judge determines that, due to the highly sensitive nature of the testimony of young children or circumstances which could cause extreme embarrassment to witnesses or parties, the proceeding should be closed.

SECTION 20: EXCLUSION OF WITNESSES

Upon motion of either party, the Presiding judge shall exclude witnesses not actually testifying from the room where proceedings are being held.

SECTION 21: FINALITY OF DECISION

Every decision of the Chief Judge or, in his absence, the presiding judge, and every decision of a three-judge panel is final and not be subject to review in any forum.

PART TWO - EXPEDITED HEARINGS

SECTION 22: REQUEST FOR EXPEDITED HEARING

Any party may request that a hearing be held within ten days of the filing of a Review Petition in cases where the alleged harm can be prevented and the damage will be irreparable. Requests for expedited hearings must be made in person to the Clerk of the Court.

SECTION 23: DECISIONS TO INVOKE EXPEDITED HEARING PROCEDURES

The Chief Judge shall decide whether good cause exists to hold an expedited hearing. Decisions normally shall be based solely on the allegations in the Petition. In extraordinary circumstances, the Chief Judge may discuss the case with the Petitioner or members of the Council before granting an expedited hearing. A decision to grant or deny a request for an expedited hearing must be made within 48 hours of the request being submitted to the Clerk.

SECTION 24: EXPEDITED HEARING

Hearings under these provisions shall be held at the earliest possible time, not to exceed five (5) days from the filing of the request and shall be conducted in the same manner as hearings under the procedures established in Part 1 of this ordinance.

SECTION 25: REMEDIES

In any case where the Court determines that the Petitioner has met the burden of proof, the Court shall grant a remedy which will prevent the alleged harm from occurring or place the parties in the same position they would have occupied absent the alleged violation. In appropriate cases, the Court may enjoin the Council from taking action which would create the alleged harm.

PART THREE - APPEALS FROM COMMITTEE ACTION

SECTION 26: LOWER COURT

When taking action which limits or deprives a person of any right or privileged granted under tribal law, a Committee shall, upon request, provide an opportunity to present evidence, confront witnesses and be heard. When such a hearing is held, the Committee shall be deemed a "lower court" for purposes of this ordinance.

SECTION 27: RIGHT TO APPEAL

Any member of the Confederated Tribes of Siletz Indians of Oregon, or any person subject to the jurisdiction of the Siletz Family Court as a result of a child custody issue, may file an appeal from a decision of a lower court alleged to deprive that person unlawfully of any right or privilege under tribal law, provided they previously have requested a hearing before the lower court and have been deprived of the opportunity to be heard or believe the lower court's decision is contrary to law. The parents or parent of any minor child who has a right to appeal hereunder may bring such action on behalf of the child.

SECTION 28: COURT OF APPEALS

Appeals from decisions of a lower court shall be heard by a panel of three judges consisting of the Chief Judge, who shall preside, and two associate judges selected by the Chief Judge. The Chief judge shall ensure that associate judges selected are free from prejudice or bias toward any party to an appeal.

SECTION 29: NOTICES OF APPEAL

A party must be informed of the right to appeal by the lower court. A party must notify the Chief Judge of an intention to appeal within ten X10) days of being informed of the right. A Notice of Appeal must be filed with the Chief Judge. Such notice must include the names and addresses of the parties and the issue to be decided.

SECTION 30: TIME FOR ARGUMENT

Upon receipt of a Notice of Appeal, the Chief Judge shall set a date, time and place for a hearing or argument on the appeal, whichever is appropriate, and shall notify all parties whose rights or privileges could or will be affected by the appeal, including the lower court. Argument before the Court of Appeals shall be held not less than ten (10) days nor more than thirty (30) days from the date notice is sent to the parties. The notice of the hearing also shall include notice of the right to present written briefs and to be represented by counsel at the appellant's own expense.

SECTION 31: EXTENSIONS OF TIME

For good cause shown, the Chief judge may alter the initial date set for the hearing so long as such alteration does not create undue hardship for any party.

SECTION 32: WRITTEN ARGUMENTS

Parties may submit written arguments regarding the issues on appeal. They must provide each party with a copy of the argument, including the lower court, at least three days prior to the date set for argument.

SECTION 33: ORAL ARGUMENTS

Each party to an appeal from a lower court decision may present oral arguments at the hearing in person, or through counsel of the party's choosing, at his or her expense. Arguments shall be limited to 30 minutes for each party unless additional time is granted by the Chief Judge.

SECTION 34: RECORD FROM LOWER COURT

Prior to the argument, the lower court shall present to the Court of Appeals a summary of the proceedings by the lower court, a copy of the opinion in the case, if any, and all evidence presented.

SECTION 35: NEW EVIDENCE

Parties appealing from a lower court ruling shall not be allowed to call witnesses or present evidence not previously presented at the lower court hearing, absent a denial of a hearing or a showing of extraordinary circumstances. Requests to call witnesses or to present evidence in cases where a lower court hearing was granted shall be made at least five (5) days prior to the argument and shall be ruled upon the Chief Judge at least three (3) days prior thereto. The rules of evidence set forth in Section 13 shall apply to the submission of evidence.

SECTION 36: DECISIONS OF THE COURT

The Court shall present a written decision to the parties within 15 days of the close of argument, setting forth the decision, the reasons therefore and the remedy, if any, granted. The Court of Appeals may not grant a monetary judgment.

PART FOUR - COURT PERSONNEL

SECTION 37: CHIEF JUDGE

The Chief Judge shall be appointed by the Tribal Council for a period of not less than four years. He or she must be a graduate of an accredited law school or satisfactorily complete a training program and all other criteria established by the Council. Nothing herein shall prevent the Chief Judge from carrying out the administrative duties of the office prior to completion of the training program.

SECTION 38: COMPETITIVE EXAMINATION

To be certified as an associate judge, an applicant must be successful in a competitive examination program. Those associate judges certified on the effective date of this section shall be eligible to take the initial examination. The examination shall be developed by the Chief Judge and approved by the Tribal Council and shall test knowledge of tribal law, the Indian Civil Rights Act, legal reasoning and writing skills. Candidates receiving the top five (5) scores shall be certified as associate judges. After the initial examination, any tribal member meeting the qualifications set forth in Section 39 shall be eligible to take the examination and compete for any vacancy or vacancies on the panel. The person or persons receiving the highest scores shall be certified.

SECTION 39: ASSOCIATE JUDGES

Any tribal member 18 years of age or older who is of good moral character and never having been convicted of a felony, may be certified for two years as an associate tribal judge. Prior to certification, an associate judge must complete the competitive testing program set forth in Section 38. No more than five associate judges may be certified by the Council. Associate judges must apply for recertification at the end of their terms and such certificates shall be granted only under the deadlines established by the Tribal Council, provided that associate judges shall not be required to take the competitive examination for recertification and can only be dismissed for cause.

SECTION 40: ACTING CHIEF JUDGE

The Chief Judge shall designate from the certified associate judges an Acting Chief Judge who, when the Chief Judge is unavailable, shall have all the powers, duties and obligations of the Chief Judge.

SECTION 41: COURT CLERK

The Court Clerk shall be hired by the Chief Judge with advice and consent of the Tribal Council. He or she shall be responsible for the routine administration of the court. The Clerk must be qualified to accomplish the writing and administrative tasks of the position as well as possess the secretarial skills necessary to fulfill the responsibilities of the position.

SECTION 42: REPRESENTATION BEFORE THE COURT

Any party maybe represented at his or her expense by an attorney admitted to practice before the Siletz Tribal Court at any stage of a proceeding. The Council is authorized to utilize the tribal attorney to represent it in any matter before the Court. Any member of the Confederated Tribes of Siletz Indians of Oregon is deemed admitted to practice before the Court. Non-members shall be admitted upon their oath that they are familiar with the laws and customs of the Tribe and upon payment of an appearance fee of twenty-five dollars ($25.00). Upon taking the oath and paying the fee, non-members shall be eligible to practice before the Court for one year.

PART FIVE - MISCELLANEOUS

SECTION 43: WAIVER OF SOVEREIGN IMMUNITY

Nothing in this ordinance shall be construed as authorization to sue any member of the Tribal Council or Committee member individually or to waive the sovereign immunity of the Confederated Tribes of Siletz except as specifically set forth herein.

SECTION 44: EXPULSION OF COUNCIL MEMBER

Tribal Council members expelled under Article VII, Section 4 of the Tribal Constitution may bring an action within ten (10) days of expulsion and shall be heard pursuant to the rules governing hearings on the merits of a cause within thirty (30) days of the filing of the action.

CERTIFICATION

The forgoing ordinance was amended by the Siletz Tribal Council at a Regular Council meeting held on March 15, 1986 at which a quorum was present, and the ordinance was amended by a vote of 9 FOR, 0 AGAINST and 0 ABSTAINING.

 

		SILETZ TRIBAL COUNCIL By           /s/                         Delores Pigsley Tribal Chairman
ATTEST:            /s/                         Mary Alice Muncey Tribal Council Secretary		/s/                         Nelsen Witt B.I.A. Superintendent

TRIBAL COURT RULES & PROCEDURES, Ordinance Number 84-01
Amended 03/15/86 per Resolution Number 86-138

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