CHAPTER 5-6
ATTORNEY AND LAY ADVOCATE RULES
5-6-1 Members of the Bar.
The Bar shall consist of those attorneys and lay advocates admitted to practice before these Courts. Applicant shall file a written petition for admission. Admission is designed to acquaint the applicants with certain aspects of practice in this Court, emphasizing the Tribal law and Tribal Court Rules. Each applicant shall take and subscribe to the Oath of Attorney before being admitted as a member of the Bar of this Court. At the discretion of the Tribal Court, an attorney may be granted temporary admission to practice in a pending case.
Any member of a federally recognized Indian Tribe shall be eligible for admission as a lay advocate and be held to the same standards, be entitled to the same rights, privileges, obligations, and duties, as any attorney admitted to practice before the Courts of the Tribe within this reservation. Any American Bar Association member in good standing of any competent jurisdiction is eligible for admission to the Bar of this Court.
Any member of this Bar who is guilty of violating his oath of office, misconduct, disbarred from any court of competent jurisdiction, resigns from the Bar, or who voluntarily permits the expiration of his license to practice, shall be, by this Court, deemed to have been disbarred.
5-6-2 Appearance of Counsel.
Any member of the Bar shall enter his appearance by signing and filing a pleading, or by signing and filing a form prescribed by the Court stating that he is the counsel of record.
5-6-3 Courtroom Decorum.
The purpose of this rule is to emphasize the ethical principles applicable to the lawyer’s conduct in the courtroom. Members of the Bar appearing in this Court shall:
(A) Be punctual.
(B) Not address one another by first names.
(C) Not leave while Court is in session, unless Court’s permission has been first obtained.
(D) Show respect for all individuals.
(E) Not approach jurors who have completed a case unless authorized by the Court.
(F) Avoid approaching the bench as much as possible.
(G) Advise clients, witnesses, and other interested persons concerning rules of decorum to be observed in Court.
(H) Rise when addressing, or being addressed by the Court.
5-6-4 Free Press-Fair Trial.
It is the duty of every member of this Bar not to release or authorize the release of information or opinion if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice. A member of this Bar shall refrain from making any extra-judicial statement that goes beyond the public record in relation to any pending investigation.
5-6-5 Representation of Indigent Defendants.
(A) Attorneys will be appointed, on a rotational basis, for representation when indigents, or parents and children in child custody actions are found to be financially unable providing the Court has adequate funds, not otherwise obligated, to pay for such representation.
(B) Appointees may be compensated at a rate determined by the Court but not to exceed sixty dollars ($60.00) per hour for time expended, in addition to reasonable expenses as determined by the Court as the Court budget and Court fund will allow.
(C) If at any time after appointment, counsel obtains information that a client is financially able to pay and the source of the attorney’s information is not protected as a privileged communication, counsel shall advise the Court.
(D) Every person who has a member of the Bar is appointed, shall be liable for all sums paid to their counsel as fees and expenses in the action, or all sums taxed against that person as the fair costs of such representation at the conclusion of the case.
(Amended by PBP TC No. 2005-089, July 7, 2005)
I do solemnly swear:
I will support the Constitution of the United States, and the Constitution and By-Laws of the Prairie Band of Potawatomi Indian Tribe. I will maintain the respect due to Courts of justice and judicial officers.
I will be bound by the Code of Professional Responsibility of the American Bar Association.
I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law.
I will employ only such means that are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law.
I will maintain the confidence and secrets of my client, and will accept no compensation without the client’s knowledge and approval.
I will never reject the cause of the defenseless or oppressed, or delay any person’s cause for profit or malice. So help me God.
(Title 5 enacted by PBP TC No. __________, __________; amended by PBP TC No. 2005-089, July 7, 2005)