Judical Code

Section 1. Appointment, Salary, Discharge.

All judges and the Clerk of the Tribal Court shall be appointed by the Tribal Council. The Tribal Council may appoint assistants for the Clerk. The Tribal Council shall prescribe the salaries of the Judges, Clerk of Court and any assistants which shall be paid by the Tribe. Any person serving as Clerk or as Assistant Clerk may be discharged from that position pursuant to unanimous vote of the Tribal Council.

Section 2. Duties.

The Clerk shall be responsible for the administration of the Tribal Court, and for such other administrative and ministerial duties as may be prescribed by this Code or assigned to her/him by the Tribal Council or the Chief Judge. The duties of the Clerk shall include but shall not be limited to the following:

(a) Maintaining records of all Tribal Court proceedings to include identification of the title and nature of all cases, the names of the parties, the substance of the complaints, the names and addresses of all witnesses, the dates of hearings and trials, names and addresses of all parties and witnesses appearing at all hearings and trials, all Tribal Court rulings and jury decisions, findings, orders and judgments, and any other facts or circumstances decided by the judges of the Tribal Courts or deemed of importance by the Clerk of Court.

(b) Maintaining all pleadings, documents, and other materials filed with the Tribal Court.

(d) Collecting and accounting for fines and other monies and properties taken into custody by the Tribal Court.

(e) Preparing and serving notices, summons, subpoenas, warrants, rulings, findings, opinions, and orders as prescribed by this Code and as may be designated by the Judges of the Tribal Court.

(f) Assisting persons in the drafting and execution of complaints, petitions, answers, motions and other pleadings and documents for Tribal Court proceedings; provided, however, the Clerk and her/his assistants shall not give advice on questions of law, nor shall they appear or act on behalf of any person in any Tribal Court proceedings.

(g) Administering oaths and witnessing execution of documents.

(h) Maintaining a supply of blank forms to be prescribed by the Tribal Court for use by all persons having business before the Tribal Court.

(i) Providing copies of documents in Tribal Court files to other persons upon request, and upon receipt of a charge therefor to be prescribed by the Clerk to cover the costs of such services; provided, however, there shall be no charge for such service to the Judges of the Tribal Court, and provided further, no copies of documents or material shall be provided from files which are to be kept confidential or unavailable for public inspection pursuant to any provisions of this Code or other ordinance of the Tribal Council, or if prohibited by any court order.

(j) Providing security for all files, documents and materials filed with or in the custody of the Tribal Court, and insuring that they are not removed from the offices of the Clerk and the Tribal Courts except upon the specific instructions of a Judge of the Tribal Court.

(k) Maintaining a library of laws, regulations, orders, opinions, and decisions of the United States and its administrative agencies and courts, the Tribal Council and the Courts of the Tribe, and of the various states, insofar as they may be pertinent to the administration of justice for the Tribe, and within the Reservation. The acquisition of such materials shall be subject to appropriations of funds therefore by the Tribal Council. Materials in the library shall be available for use in the office of the Clerk during normal working hours by any person subject to the jurisdiction of the Tribal Court, and her/his authorized representative.

(l) Performing such other duties related to the operation of the Court, other than those specifically performed by a judge, as the Tribal Council shall designate.