Statutes | WOTCL Title V Chapter 4 ยง 5.405 | 2020

A. Applicability. The notice and procedural rights listed in this Chapter shall be afforded parties in each of the following proceedings:
            1. Preliminary Hearing under Section VII(G)
            2. Transfer to the Adult Division of Tribal Court under Section VII(H)
            3. Trial under Section VII(J) and
            4. Disposition Hearing under Section VII(N).
 
B. Notice
            1. Notice of proceedings shall be given to:
                        a. The juvenile
                        b. The juvenile&rsquos parent(s), guardian, custodian or legal representative and
                        c. All legal counsel of record.
 
            2. Notice shall be given when a time for the proceedings has been established provided at least ten (10) days is given before any non-preliminary hearing except in cases of emergency provided further that notice is given as soon as possible in the case of a preliminary hearing or in the event of an emergency.
            3. The notice shall contain:
                        a. The name of the Court
                        b. The title of the proceeding
                        c. A brief statement of the substance of the allegations against the juvenile
                        d. The date, time, and place of the proceeding and
                        e. A statement of the right to counsel, as set forth in Section V(D) of this Statute.
 
C. Summons
            1. At least ten (10) days prior to a trial or disposition hearing, the Court shall issue summons to:
                        a. The juvenile
                        b. The juvenile&rsquos parent(s), guardian, legal representative, or custodian
                        c. Any person the Court believes necessary for proper adjudication of the matter(s) before the Court and
                        d. Any person the juvenile believes necessary for proper adjudication of the matter(s) before the Court subject to the Court&rsquos discretion.
            2. The summons shall contain the name of the Court and title of the proceedings and the date, time, and place of the hearing.
            3. A copy of the juvenile Petition shall be attached to the summons.
            4. The summons shall be served in the following order of preference:
                        a. Hand delivery to the person, by a Tribal Law Enforcement Officer or appointee of the Court
                        b. First (1st) Class mail, if the summons cannot be served upon the person or c. By the following method[s], if the Tribal Court feels it would be likely to provide actual notice to the Respondent: i. Service upon relatives, neighbors, friends, or others who are likely to know the Respondent&rsquos whereabouts. If the person, who receives the summons, denies knowledge of the party&rsquos whereabouts, such service shall not be deemed adequate ii. Service by legal notice in a daily publication or mailing of the Tribe circulated to the Tribal membership and by posting the legal notice at the Tribal center or iii. Service by legal notice in a daily newspaper in the county of Respondent&rsquos last known residence for a three (3) day period, the last day of which is at least ten (10) days prior to the hearing and by posting the legal notice at the Tribal center.
            5. If a person who has been issued a summons fails to appear at the hearing, the Court shall hold the person in contempt of court, unless good cause is shown why that person did not appear.
 
D. Rights of Parties.
            1. Right to Counsel:
                        a. The Judge shall inform the juvenile, the juvenile&rsquos parent(s), guardian, or custodian of their right to retain counsel by reading the following statement: &ldquoyou have a right to have an attorney represent you at this hearing. However, you or your family must pay any fees for such representation.&rdquo
                        b. If the parties are unable to pay for an attorney, the Judge shall make known to them any available services providing representation of which the Judge is aware. c. If the parties appear at the hearing without an attorney, the Judge may grant a continuance if they need additional time to seek an attorney.
            2. The right to a trial by a Judge (bench trial).
            3. The juvenile need not be a witness against him/herself and no inferences can be made if the juvenile exercises the right to remain silent.
            4. A parent, guardian, or custodian may not be compelled to give testimony against him/herself or against the juvenile, consistent with the Tribal Constitution and the Indian Civil Rights Act.
            5. The Court shall give the juvenile, the juvenile&rsquos parent(s), legal representative, or custodian, the opportunity to introduce evidence, to be heard on their, own behalf, and to examine all witnesses.
 
(Source: WOS 2007-011, January 3, 2008, Section V)