respond by completing the portion of the notice of infraction requesting a hearing for that
purpose, verifying his/her current address, and submitting it, either by mail or in person, to the
Spokane Tribal Court.
(1) The Court shall notify the person in writing of the time, place, and date of the hearing,
and that date shall not be sooner than 7 days from the date of the notice, except by
agreement.
(e) If any person who is issued a notice of traffic infraction:
(1) Fails to respond to the notice of traffic infraction as provided in subsection (b) of this
section; or
(2) Fails to appear at a hearing requested pursuant to subsection (c) or (d) of this section,
the Court shall enter an appropriate order assessing the monetary penalty prescribed for
the traffic infraction and any other penalty authorized by Spokane Tribal Law.
15-3.05 Hearings - Procedure and Counsel.
(a) Procedures for the conduct of all hearings provided for in this Chapter, to the extent that they
are consistent with the procedures set forth herein, may be established by rules of Court
approved by the Tribal Council as may be recommended by the Chief Judge of the Spokane
Tribal Court.
(b) Any person subject to proceedings under this Chapter may be represented by counsel at their
own expense.
(c) The Tribe may be represented by counsel or a prosecutor.
15-3.06 Hearing Contesting the Determination That an Infraction Has Been Committed-Appeal. A hearing
held for the purpose of contesting the determination that an infraction has been committed shall be without
a jury.
(a) The Court may consider the notice of traffic infraction and any other written report made under
oath submitted by the officer who issued the notice or whose written statement was the basis
for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The
person named in the notice may subpoena witnesses, including the officer, and has the right to
present evidence and examine witnesses present in Court.
(b) The burden of proof is upon the Tribe to establish the commission of the infraction by a
preponderance of the evidence.
(c) After consideration of the evidence and argument, the Court shall determine whether the
infraction was committed.
(1) Where it has not been established that the infraction was committed, an order
dismissing the notice of infraction shall be entered in the Court's records.
(2) Where it has been established that the infraction was committed, an appropriate order
shall be entered in the Court's records.
(d) An appeal from the Court's determination or order shall be to the Spokane Tribal Court of
Appeals.
(1) The decision of the Spokane Tribal Court shall be upheld by the Court of Appeals unless
it is demonstrated that the Tribal Court decision was arbitrary, capricious, an abuse of
discretion or was not based upon the law.
15-3.07 Hearing to Explain Mitigating Circumstances.
(a) A hearing held for the purpose of allowing a person to explain mitigating circumstances
surrounding the commission of an infraction shall be an informal proceeding.
(1) The person may not subpoena witnesses.
(2) The determination that an infraction has been committed may not be contested at a
hearing held for the purpose of explaining mitigating circumstances.
(b) After the Court has heard the explanation of the circumstances surrounding the commission of
the infraction, the Court may impose a fine/penalty which shall not exceed the amount listed in
15-12.01, Penalties, and an appropriate order shall be entered in the Court's records.
(c) There may be no appeal from the Court's determination or order.
136
Revised Spokane Law & Order Code, 5/14/2013