(b) The Tribal officials are protected by absolute immunity, and need not specifically prove that they
were acting in good faith.
Section 1-14 Habeas Corpus
1-14.01 Power to Grant Writ.
(a) Writs of habeas corpus may be granted by the Appellate Court, any justice thereof, or the Trial
Court and any Trial Court judge. The order of the Appellate Court shall be entered in the records
of the Trial Court.
(b) The Appellate Court, and any justice thereof, may decline to entertain an application for a writ of
habeas corpus and may transfer the application for hearing and determination to the Trial Court.
Legislative History-Amended 12/10/97, Resolu. 1998-055; Readopted 8/01/06, Resolu. 2006-524.
1-14.02 Who May Prosecute Writ.
(a) Every person imprisoned or otherwise restrained of liberty on the Reservation or by order of the
Spokane Tribal Court, may petition for a writ of habeas corpus to inquire into the reasons for
such imprisonment or restraint, and if such reasons are found to be illegal the detainee shall be
released from custody by order of the court.
(b) An application for a writ of habeas corpus made by a person in custody under the judgment of
the Spokane Tribal Court must first be filed in the Spokane Tribal Court of Appeals before filing in
the federal district court for the Eastern District of Washington.
Legislative History-Amended 12/10/97, Resolu. 1998-055; Readopted 8/01/06, Resolu. 2006-524.
1-14.03 Writ For Purpose of Bail. When a person is imprisoned or detained in custody on any criminal
charge for want of bail, such detainee is entitled to a writ of habeas corpus for the purpose of giving bail,
after stating that fact in the detainee's petition and without stating that the detainee is illegally confined.
1-14.04 Application. Application for a writ of habeas corpus shall be in writing signed and verified by oath or
affirmation by the person for whose relief it is intended or by someone acting in his behalf, and must state
facts to show:
(a) That the person in whose behalf the writ is applied for is unlawfully imprisoned or
restrained of liberty;
(b) Why the imprisonment or restraint is unlawful;
(c) The officer or person by whom the detainee is so confined or restrained, and the place
where held;
(d) Name all the parties responsible for confinement, if they are known, or describing them if
they are not known.
1-14.05 Issuance of Writ; Return. When the judge or justice is satisfied that the writ ought to be issued, it
must be issued without delay or an order must be issued directing the respondent to show cause why the
writ should not be granted, unless it appears from the application that the applicant or person detained is
not entitled to relief.
(a) The writ or order to show cause shall be directed to the person having custody of, or restraining,
the detainee. It shall be returned within 3 days unless for good cause additional time, not
exceeding 20 days, is allowed.
(b) The issue or issues to be determined upon return of the writ may be stated, either in the writ or
in an order attached to the writ or in a copy of the petition attached to the writ.
(c) The person to whom the writ or order is directed shall make a return certifying:
(1) the true cause of the detention;
(2) whether he or she has the detainee in custody or under power or restraint and the authority
for so holding the detainee; and
(3) if he or she had, but no longer has, the detainee in his or her custody or under his or her
power or restraint, the return must state particularly to whom, at what time and place, for
what cause and by what authority custody was released.
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Revised Spokane Law & Order Code, 5/14/2013