21-2.02 Hearing.
(a) The hearing shall take place at the designated time and place.
(b) The person to be excluded shall be given an opportunity to present his defense and may be
represented by counsel.
(c) The Spokane Tribe must prove by a preponderance of the evidence that the defendant has
committed 1 or more of the acts listed in Section 21-1.01.
(d) Having so proven, the Court shall exclude the defendant(s) permanently unless the Tribe has
petitioned for an exclusion period less than permanent.
(e) If the defendant does not appear and is in default, the Court shall issue an order of exclusion
according to the terms requested by the Tribe.
21-2.03 Appeal. Any person aggrieved by the decision of the Tribal Court shall have the right to appeal as
provided in Section 1-7.02 of this Code.
Section 21-3 Procedures for Temporary Removal
21-3.01 Procedures for Temporary Removal.
(a) When the Spokane Tribal Council has reasonable grounds to believe that the conduct or activity
of a person subject to being excluded from the Spokane Reservation threatens to cause
imminent and serious danger to the lives, health or morals of the residents of the Spokane
Reservation, the Tribal Council may request an immediate temporary removal order at the same
time it files for an order of permanent exclusion.
(b) Upon receipt of an affidavit by the Council stating that it believes an emergency exists, and it is
not possible to give notice of an immediate hearing prior to issuance of the order, the Court
shall issue a temporary removal order directing law enforcement officers to remove such a
person or persons from the Reservation.
(c) The order for temporary removal shall state that the person or persons excluded have a right to
an immediate hearing, and that contact may be made with the court immediately to set such a
hearing if one is desired.
(d) The Court shall set the hearing as soon as possible, but not less than 24 hours from the date of
service of the temporary order.
(1) In any event, a hearing shall be scheduled within 15 days after the date of service of the
temporary order to decide whether the temporary removal order shall be continued
pending the hearing on the petition for an order of exclusion.
(e) The hearing on the temporary removal order shall be by affidavit and argument of counsel
unless the Court decides to allow an evidentiary hearing.
(f) The Tribe shall show by affidavit that 1 of the grounds for exclusion exists, and the nature of the
acts or omissions are of such a nature that the lives, health and morals of the residents of the
Reservation are threatened.
(g) If an evidentiary hearing is scheduled, the Court shall continue the temporary removal order
pending the evidentiary hearing.
21-3.02 Re-Entering the Reservation. Those excluded by a temporary removal order may re-enter the
Reservation, with counsel, to attend all necessary scheduled hearings of the matter, but shall deviate from a
direct route to and from the Courthouse only with specific permission of the Court.
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Revised Spokane Law & Order Code, 5/14/2013