[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; Tribal Act #03-21.1179 enacted by Tribal
Council on January 15, 2003; by Tribal Council motion on September
30, 2015; and by Tribal Council in Special Session on 3-17-2021.]
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
Any person shall be eligible to serve as Tribal Prosecutor only if
he/she:
(1)
Is an attorney in good standing licensed to practice law in
any state in the United States and/or is a member of the Grand Traverse
Band who has attained the age of eighteen (18);
(2)
Has not been convicted, within ten (10) years of such appointment,
of any felony by a court of competent jurisdiction; and
(3)
The Tribal Prosecutor shall attend training and seminars and
accumulate continuing legal education units equal to the requirements
of the State Bar of Michigan for new lawyers, in order to stay current
on trends in criminal and civil matters pertaining to his or her function
as prosecutor.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
The Prosecutor's office shall be a function of the Justice Division
of Tribal government.
(1)
The Tribal Prosecutor shall be subject to the uniform and standard
provisions of the GTB Personnel Policy, so long as the provisions
do not conflict with the prosecutorial discretion decisions of the
office.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
The Tribal Prosecutor shall:
(1)
Be the chief law enforcement officer of the Tribe and shall
be responsible for all criminal investigations and prosecutions in
Tribal Court, including arraignments, motions, trials and appeals.
(2)
Have the discretion to prosecute violations of the Tribe's constitution,
criminal code, ordinances and resolutions in Tribal Court.
(3)
Work closely with the Tribal Court Administrator and Tribal
Judge to improve the delivery of services within the Tribal Court
and to assist the Court in case management and docket preparation.
(4)
Serve as presenting officer in the Tribe's Children's Court
and represent the Tribe in Indian child welfare cases in state jurisdictions
upon the authorization of the ICW Committee or the Tribal Court.
(5)
Prosecute violations of the Tribe's fishing and conservation
regulations as well as the regulations of the Chippewa-Ottawa Treaty
Fishing Management Authority, in the Tribe's Conservation Court.
(6)
Establish a working relationship with local, state and federal
jurisdictions and establish a protocol for coordinating criminal investigations
and prosecutions with such local, state and federal jurisdictions.
(7)
Review all charges and complaints of violations of Tribal codes
and ordinances and determine what charges to bring and whom to charge.
(8)
Review all requests for arrest warrants and search warrants
to determine if all constitutional requirements are satisfied prior
to approval or authorization.
(9)
Serve, in his/her civil capacity, as in-house counsel for the
various departments of Tribal government and shall render legal opinions
when requested to do so.
(b)
The Tribal Prosecutor may give advice to Tribal members and employees
and shall provide pro-bono services to Tribal elders or Tribal members
who are having legal problems which may be related to their status
as Native Americans. These services may only be provided as time permits
and may not take priority over normal prosecutorial duties.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
The Tribal Prosecutor is hereby empowered to issue subpoenas for
compelling or producing documentation in criminal investigations and
investigations into civil violations of the GTB Constitution.
(b)
A person subpoenaed may be represented by counsel.
(c)
A person subpoenaed may invoke his/her constitutional privilege against
self-incrimination.
(d)
The Tribal Prosecutor shall have the power, with Tribal Court approval,
to grant immunity to any witness. Once indemnified, in writing, a
witness may not refuse to answer questions covered by the immunity
agreement.
(e)
A person who refuses to testify pursuant to a prosecutorial subpoena,
after being granted immunity, may be brought before the Tribal Court
to show cause why he/she should not be held in contempt of court.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
In case of conflict of interest, or the absence, disability or inability
of the Tribal Prosecutor to act, the Tribal Court upon motion of an
interested party or on its own motion, may appoint an attorney to
serve as Special Prosecutor.
(b)
The Special Prosecutor shall have all of the authority of the Tribal
Prosecutor for that occasion.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
In case the Tribal Council shall employ an attorney to represent
the Tribe in a civil matter, the Tribal Prosecutor shall not act with
respect to such matter unless requested to do so by the Tribal Council.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
(a)
The Tribal Council may, by an affirmative vote of a majority of its
members, refer the Tribal Prosecutor to the Tribal Judiciary for removal
from office for any of the following reasons:
(b)
The Tribal Prosecutor shall be notified in person or by registered
mail, at least ten (10) days before any meeting at which the Tribal
Prosecutor's removal is to be considered.
(c)
The notice of intent to refer for removal shall set forth, with specificity,
the alleged grounds for removal and inform the Tribal Prosecutor that
he/she may appear to defend against such referral.
(d)
If the Tribal Council votes to refer the Tribal Prosecutor to the
Tribal Judiciary for removal, the grounds shall be set forth with
specificity, and the Tribal Prosecutor shall be suspended with pay
until the Tribal Judiciary rules on the referral.
(e)
Before the Tribal Judiciary rules on the Tribal Prosecutor's removal
from office, it shall afford the Tribal Prosecutor a hearing upon
due notice at which time he/she may answer the charges.
(f)
If the Tribal Judiciary finds that grounds for removal as stated
by the Tribal Council exist, the Tribal Judiciary, by a majority vote
of all members, shall remove the Tribal Prosecutor from office.
(g)
If the Tribal Judiciary finds that grounds for removal as stated
by the Tribal Council do not exist, the suspended Tribal Prosecutor
shall be fully reinstated to office.
[History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal
Council on September 15, 1992; and by Tribal Council in Special Session
on 3-17-2021.]
This ordinance is for the establishment of a Tribal Prosecutor,
hereby incorporated into the Tribe's Criminal and Civil Codes, the
Children's Code, the Law Enforcement's Manual of Operations and the
Tribe's Personnel Policy.
