Judical Code

Section 1. Legal Representation.

Any person who is a party in any civil trial or proceedings before the Tribal court may represent herself or himself, or be represented by any other member of the Tribe, except the Clerk, an Assistant Clerk, a Judge of Tribal Court, a member of the Tribal Council, or a Tribal game warden; or be represented by a professional attorney who is not a member of the Tribe, but who is licensed to practice law before the Tribal Court.

Section 2. Tribal Licensing of Professional Attorneys.

Professional attorneys who are not members of the Tribe may appear on behalf of any party in any trial proceeding before the Tribal Court, provided they are licensed to practice law before the Tribal Court. Such license shall be issued upon compliance with the following:

(a) Filing with the Clerk an affidavit that the applicant is licensed to practice law before the highest court of any state.

(b) Filing with the Clerk of Court an affidavit that the applicant has studied and is familiar with the Constitution and By-laws of the Tribe, this Code, all other Ordinances of the Tribe, Title 25 of the United States Code, and Title 25 of the Code of Federal Regulations.

(d) Taking the following oath before the Clerk of Court:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and By-laws of the Prairie Island Mdewakanton Dakota Community;

I will maintain the respect due to the Tribal Court and its judicial officers;

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly valid or debatable under the law;

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and I will never seek to mislead any judge or jury by any artifice, or by false statement or misrepresentation of fact or law;

I will employ in the conduct of my duties the highest degree of ethics and moral standards with which my profession is charged, and I will be guided at all times by the quest for truth and justice;

In the conduct of my duties as an attorney I will not impugn the morals, character, honesty, good faith, or competence of any person, nor advance any fact prejudicial to the honor or reputation of any person, unless required by the justice of the cause with which I am charged."

Section 3. Revocation of Professional Attorney's Tribal License.

A license issued pursuant hereto may be revoked or suspended by the Tribal Court. Such action may be taken on its own motion or upon sworn complaint by any member of the Tribe. Revocation or suspension shall be ordered only after written notice to the licensee of the motion or complaint and after a hearing before all judges of the Tribal Court unless a conflict of interest prohibits such participation. Following a hearing, the Tribal Court may revoke or suspend the license upon a finding that the licensee has been disbarred or suspended from the practice of law by any court of the United States, any State, Tribal Court or has filed a false affidavit with the Clerk to obtain her/his license, or has violated her/his oath made before the Clerk of Court or has engaged in misconduct or unethical conduct in the performance of her/his duties as an attorney, has violated her/his oath or has been found in contempt of court by the Tribal Court.