Chapter 4.20
TESTIMONIAL PRIVILEGES AND QUALIFIED IMMUNITIES
Sections:
Subchapter 1. Testimonial Privileges
4.20.020 Advocate-victim privilege applies in domestic violence cases.
4.20.040 Clergyman, chaplain or priest.
4.20.060 Investigative reports – Puyallup Tribal Council.
4.20.070 Mental health professional-client.
4.20.090 Law enforcement peer support group counselor.
4.20.100 Puyallup Tribal Council privilege.
4.20.110 Spousal privileges – Spousal privileges applies in criminal cases.
Subchapter 2. Qualified Immunities
4.20.120 Qualified immunity for Tribal government officials.
4.20.130 Judicial immunity, prosecutorial immunity, and law enforcement immunity.
Subchapter 1. Testimonial Privileges
4.20.010 Purpose.
The purpose of this Code is to clarify laws and rules as they relate to testimonial privilege and qualified immunities. There are particular fields and relations in which the law has recognized immunities from suit or in which confidence is based and the preservation of this confidence is vital to aid the overall safety and public health of the community. In any proceeding in the Puyallup Tribal Court or in any proceeding applying the law of the Puyallup Tribe, a person cannot be examined as a witness or is immune from civil law suits as described in this Code. [Res. 030522 (05/03/2022)]
4.20.020 Advocate-victim privilege applies in domestic violence cases.
(a) An advocate shall not, without consent from a victim of domestic violence, disclose confidential communication between the victim and the advocate.
(b) An advocate shall not, without consent from a victim of domestic violence, disclose confidential written records and reports or both concerning the victim.
(c) An advocate shall immediately report the abuse, neglect, or abandonment to the Tribal Social Services Department or Tribal Law Enforcement and Children’s Protective Services as required under PTC 7.04.250, if they have reasonable cause to suspect that a child has been abused, neglected, or abandoned.
(d) An advocate shall immediately report the abuse, neglect, or abandonment to Tribal Law Enforcement and Tribal Adult Protective Services, if they have reasonable cause to suspect that an elder has been abused, neglected, or abandoned.
(e) As used in this subsection, “advocate” means an employee of or volunteer for a program for victims of domestic violence or other victims of crime who has a primary function of rendering advice, counseling, or assisting victims of domestic violence; supervising the employees or volunteers of the program; or administering the program. [Res. 030522 (05/03/2022)]
4.20.030 Attorney-client.
An attorney or spokesperson shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or by attorney or spokesperson in the course of giving legal advice on behalf of the client. [Res. 030522 (05/03/2022)]
4.20.040 Clergyman, chaplain or priest.
(a) A clergyman, chaplain, priest, or traditional spiritual advisor cannot, without the consent of the person making the confession, be examined as to any confession made to him or her in his or her professional role.
(b) Privileges Not Applicable in Child or Elder Abuse Reporting. None of the privileges contained in this section shall apply to the extent that reporting or testimony is required by any law related to the mandatory reporting of child or elder abuse or neglect. All persons acting in good faith to report child abuse and who provide testimony directly related to child abuse or elder abuse or neglect in judicial proceedings shall be immune from liability for reporting and/or testifying in good faith. [Res. 030522 (05/03/2022)]
4.20.050 Doctor-patient.
(a) A licensed physician, surgeon, dentist, physician assistant, or registered nurse cannot, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending the patient which was necessary to enable him or her to prescribe or act for the patient.
(b) This privilege shall not apply in the following situations:
(1) In any judicial proceedings regarding a child’s injury, neglect, or sexual abuse; and
(2) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to have waived the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as the Court may impose. [Res. 030522 (05/03/2022)]
4.20.060 Investigative reports – Puyallup Tribal Council.
An investigator employed by the Puyallup Tribe cannot be examined in any civil case before the Courts of the Puyallup Tribe regarding an investigation performed at the request of the Puyallup Tribal Council without the formal consent in writing of the Puyallup Tribal Council to such examination. No written report produced as a part of an investigation performed at the request of the Puyallup Tribal Council may be utilized as evidence in any civil case before the Courts of the Puyallup Tribe without formal written consent of the Puyallup Tribal Council. [Res. 030522 (05/03/2022)]
4.20.070 Mental health professional-client.
The confidential relations and communications between a counselor, psychiatrist, or psychologist and his client shall be placed on the same basis as provided by law for those between an attorney and client. [Res. 030522 (05/03/2022)]
4.20.080 Sponsor.
An individual who acts as a sponsor providing guidance, emotional support, and counseling in an individualized manner to a person participating in an alcohol or drug addiction recovery fellowship may not testify in any civil action or proceeding about any communication made by the person participating in the addiction recovery fellowship to the individual who acts as a sponsor except with the written authorization of that person or, in the case of death or disability, the person’s personal representative. [Res. 030522 (05/03/2022)]
4.20.090 Law enforcement peer support group counselor.
(a) A peer support group counselor shall not, without consent of the law enforcement staff member, be compelled to testify about any communication made to the counselor by the staff member, while receiving counseling.
(b) The counselor must be designated as such by the Puyallup Tribal Law Enforcement Department.
(c) The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor.
(d) The privilege does not apply if the counselor was an initial responding officer or firefighter, or a witness to the incident which prompted the delivery of peer support group counseling services to the law enforcement staff member.
(e) For purposes of this section:
(1) “Law enforcement officer” means any officer sworn or authorized by the Puyallup Tribe of Indians.
(2) “Peer support group counselor” means a law enforcement staff member, who has received training to provide emotional and moral support and counseling to a staff member who needs those services as a result of an incident in which the staff member was involved while acting in his or her official capacity.
(3) “Law enforcement staff” means any commissioned (sworn), noncommissioned, civilian or volunteer staff authorized to conduct law enforcement duties by the Puyallup Tribe of Indians. [Res. 030522 (05/03/2022)]
4.20.100 Puyallup Tribal Council privilege.
It is imperative that in order to aid in the effective functioning of government, the Puyallup Tribal Council must perform their public duties untroubled by the fear or threat of suit and charge of malice. When acting within the scope of their responsibilities and duties as members of the Puyallup Tribal Council on any subcommittee thereof, the members of the Puyallup Tribal Council shall be immune from civil liability for any acts or omissions committed or made in discharge of their official positions. [Res. 030522 (05/03/2022)]
4.20.110 Spousal privileges – Spousal privileges applies in criminal cases.
Spousal privilege is the manner of communication that husbands and wives share through words, looks, or behavior. Information shared between one or both of the spouses and another person is not privileged.
When spousal privilege exists, one spouse cannot be compelled by Court order to testify or share information that was acquired during the course of the marriage. However, during a criminal proceeding in which one spouse is alleged to be a victim of a crime perpetrated by the other spouse, spousal privilege shall not apply. [Res. 030522 (05/03/2022)]
Subchapter 2. Qualified Immunities
4.20.120 Qualified immunity for Tribal government officials.
When acting within the scope of their authority and on behalf of the Puyallup Tribe, Tribal government officials, officers, agents or employees when performing discretionary functions shall be immune from liability for civil damages insofar as their conduct does not violate clearly established Tribal Law or Tribal Constitutional rights of which a reasonable person would have known. [Res. 030522 (05/03/2022)]
4.20.130 Judicial immunity, prosecutorial immunity, and law enforcement immunity.
The Tribal Court shall recognize judicial immunity, prosecutorial immunity, and police officer immunity to the same extent as would be recognized by the federal courts. [Res. 030522 (05/03/2022)]