A. 
Communications between a victim advocate and victim shall be privileged and confidential, subject to the general limitations on privilege applicable to other types of privileged communications.
B. 
A victim advocate shall not be disclosed as a witness or otherwise disclose any communication between the victim advocate and the victim, unless the victim consents in writing to the disclosure, disclosure is required by this code, or disclosure is permitted by a code of ethics adopted by the victim advocate’s office.
C. 
These privilege and disclosure restrictions on disclosure apply to any records created by the victim advocate based in whole or in part on communications between the victim advocate and the victim.
D. 
If the victim advocate discloses any confidential information of the victim pursuant to any mandatory reporting provisions of this code, or for any other reason, the victim advocate shall disclose only the information necessary to address the issue for which the information is disclosed. The victim advocate shall notify the victim of the disclosure, unless doing so would create or increase the risk of harm to any person.
(Res. 22-A-074, 5/23/2022)
A. 
In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in this title. The court shall make every effort to permit the fullest attendance requested by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this title shall be clearly stated on the record.
B. 
The court shall take up and decide any motion asserting a victim’s right as soon as practicable. If the court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus.
C. 
In no case shall a failure to afford a right under this title provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if:
1. 
The victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;
2. 
The victim petitions the court of appeals for a writ of mandamus within 10 days; and
3. 
In the case of a plea, the accused has not pled to the highest offense charged.
D. 
Nothing in this title shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the Tribe or any of its officers or employees could be held liable in damages. Nothing in this title shall be construed as a waiver of the sovereign immunity of the Tribe.
E. 
Nothing in this title shall be construed to impair the prosecutorial discretion of the tribal prosecutor’s office or any employee thereof.
(Res. 22-A-074, 5/23/2022)
If any part, or parts, or the application of any part of this title is held invalid, such holding shall not affect the validity of the remaining parts of this title. The Tribe hereby declares that it would have passed the remaining parts of this title even if it had known that such part, parts, or application of any part thereof would be declared invalid.
(Res. 22-A-074, 5/23/2022)
This title takes effect on the date approved by the Tribe and does not extinguish or modify any civil or criminal liability or enforcement of such penalty or forfeiture that existed on or prior to the effective date of this title. Previous sections of this code shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such civil or criminal action, enforcement of any penalty therefrom, forfeiture, or liability.
(Res. 22-A-074, 5/23/2022)