(d) All criminal complaints filed by persons other than law enforcement agents, Tribal Court
personnel, or the authorized Tribal Prosecutor shall contain an express waiver in accordance
with this section or they will be dismissed for lack of jurisdiction.
1-2.02 [Reserved]
1-2.03 Indian Service Employees. All persons employed in the Indian service of the Spokane Reservation
shall be subject to the jurisdiction of the Spokane Tribal Court.
1-2.04 Means to Make Jurisdiction Effective. When jurisdiction is vested in the Court, the Court
presumptively has the means necessary to the effective exercise of the Court’s jurisdiction.
(a) If the course of proceeding is not specifically provided for in this Code, any suitable process or
mode of proceeding may be adopted that appears most comfortable within the spirit of Tribal
law.
(b) By way of example and not limitation, the Court may order the seizure and, following a hearing,
the civil forfeiture of personal property used to violate a Court order.
Section 1-3 Judges
1-3.01 Number and Compensation of Judges.
(a) The Spokane Tribal Court shall consist of a Chief Judge whose duties shall be regular and
permanent and up to 3 Associate judges, who shall be called to service when the occasion
requires.
(b) The judges shall be compensated from Tribal or other available funds, at rates to be set by the
Spokane Tribal Council.
1-3.02 Qualifications of Judges.
(a) An individual shall be qualified to serve as Chief Judge of the Spokane Tribal Court only as
follows:
(1) Has at least 5 years of experience as a Judge, with extensive experience in:
A. Criminal Prosecution;
B. Juvenile Delinquency and Protection;
C. Family Law and Support;
D. Civil Issues, including complex litigation under the Federal Rules of Evidence;
E. Probate and Guardianship; and
(2) Is knowledgeable in the following areas:
A. Current and historical federal Indian law issues;
B. Tribal customs and traditions;
C. Code reading and writing; and
(3) Is at least 25 years of age; and
(4) Has never been convicted or pleaded guilty to any felony, or a misdemeanor
involving dishonesty within the past year.
1-3.03 Appointment of Judges.
(a) Each Judge shall be appointed by Resolution of the Spokane Tribal Council at a regular or
special meeting called for that purpose and shall hold office for a period of 3 years unless sooner
removed for cause or by reason of abolition of office, resignation, death, or inability to serve.
(b) Judges shall be eligible for reappointment.
1-3.04 Designation of Alternate Judge. In the event a Tribal Judge is unable, or for any reason unwilling, to
complete the Judge’s term of office, the Spokane Tribal Council shall appoint a successor to fill the unexpired
term.
1-3.05 Disqualification of Judge.
(a) Recusal.
(1) No judge shall be qualified to act in any proceeding wherein:
A. the Judge is a party to the proceeding;
B. the Judge has direct interest in the subject matter in controversy; or
C. a relative by marriage or blood in the 1st degree:
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Revised Spokane Law & Order Code, 5/14/2013