(a) The contemnor is entitled to notice and a hearing in civil contempt matters. The notice of civil
contempt must include:
(1) Mailing by the clerk to the contemnor, a copy of the notice of hearing, the act(s) alleged to
support the charge of civil contempt, a statement that the proceeding is a civil contempt
proceeding, and a statement of the defendant’s rights; and
(2) a statement that defendant has an opportunity to have a hearing before the court without a
jury and without the services of the criminal defender, if any, to explain the circumstances
surrounding the contempt.
(b) The contemnor shall have the right to an appeal before the Spokane Tribal Court of Appeals if
there is a finding of contempt.
(c) Guilt for civil contempt must be established by clear and convincing evidence. The case will be
prosecuted by the Spokane Tribal Prosecutor. The court can impose any of the following upon a
finding of guilt:
(1) Imprisonment until the contemnor does the act or purges him/herself of the contemptuous
conduct; or
(2) Payment of a compensatory fine to the other party; or
(3) Payment of a fine to the court unless s/he performs the act required by the Court’s order,
i.e., a “conditional fine.”
1-8.07 Default on Fine. When a defendant defaults in the payment of a fine or any installment thereof, the
court on its own motion shall order the defendant to show cause why defendant should not be held in
contempt and may issue a summons or an arrest warrant for the defendant's appearance.
(a) If good faith is shown, the court may allow additional time for payment or revoke all or part of
the unpaid fine; otherwise, the court may order the imprisonment of the defendant until the fine
is paid.
(b) The court may order the seizure and sale of any personal property of the defendant found within
the jurisdiction of the Spokane Tribe.
1-8.08 Disposition of Property Confiscated by the Court.
(a) Any property, including equipment, which may have been confiscated by lawful order of the
court under the provisions of this code shall be sold at a public auction and the proceeds thereof
deposited by the clerk of the court into the general Tribal treasury.
(b) The funds shall be recorded upon the accounts of the Tribe and shall be available for
expenditure upon order of the judge and for such other purposes as the Spokane Tribal Council
may direct.
Section 1-9 Spokesperson or Professional Attorney
1-9.01 Spokesperson. Any person appearing in Tribal Court, at their own expense, shall have the right to a
spokesperson, which shall include the right to be represented by a professional attorney.
(a) Such spokesperson may appear at any proceedings before the Tribal Court to assist the
individual in presenting his/her case, provided that such spokesperson shall have first been
approved to so act by the Tribal Court.
(b) The Court shall adopt such standards for approval of spokespersons as the Court may deem
necessary, with the advice and consent of the Tribal Council.
1-9.02 Prosecution. The Tribe in a criminal case or a civil case, in which the Tribe is a party, may make use
of either a Tribal official or a professional attorney, who shall have first been approved to so act by the Tribal
Court to represent the Tribe as prosecutor or attorney.
Section 1-10 Clerks
1-10.01 Clerks. The Spokane Tribal Court shall hire a Clerk of the Spokane Tribal Court at a rate of pay to
be determined by the Tribal Council and subject to availability of funds.
(a) The Clerk may render assistance to the Court, to the police force of the Reservation, and to
individual members of the Tribe in the drafting of complaints, subpoenas, warrants,
commitments, and any other documents incidental to the lawful functions of the Court.
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Revised Spokane Law & Order Code, 5/14/2013