Section 1
Administrative Rules
1.1 COMMUNICATION WITH JUDGES
Unless permitted by Tulalip Tribal Code or Court Rule, a judge shall not have ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding except that:
1.1.1 Where circumstances require, ex parte communications for motions for default/alternative service, scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits are authorized; provided:
A) The judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and
B) The judge makes provision to promptly notify all other parties or legal counsel for parties of the substance of the ex parte communication and allows an opportunity to respond.
1.1.2 The Judge may obtain advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.
1.1.3 The Chief Judge may engage in ex parte communication as part of the process of reviewing complaints made against Associate Judges, provided that the Chief Judge recuses themselves from the case in which the complaint is being made.
1.2 EX PARTE CALENDAR
The Court shall establish a calendar with time set aside for the presentation of ex parte orders.
1.3 COURTROOM SAFETY
1.3.1 No person, except for Judges of the Court, and duly and regularly commissioned law enforcement officers of the Tulalip Tribes, State of Washington, or the United States government are allowed in the Tulalip Tribal Court while armed with any firearm, taser, explosive device, knife, billyclub, blackjack, truncheon or bat, or other dangerous weapon, nor shall any person other than regularly commissioned law enforcement officers be in the courthouse while possessing any gas gun, or other device for the spraying of tear gas, mace or other noxious chemical substance, or any incendiary device. Judges may not open carry firearms in the courtrooms.
1.3.2 Any person found having any of the articles or devices mentioned in this rule is subject to having such articles or devices seized by law enforcement officers, bailiffs on court order, or as otherwise directed by the Court.
1.3.3 A license to carry a concealed pistol does not allow any of the items listed in this rule to be brought into the courthouse.
1.4 FILING AND PRE-MARKING REQUIREMENTS
When filing any commencement of a new action, the filing party must personally file the pleading with the Court; the party or attorney must provide two (2) copies, one for the Court, and one to be conformed for the filing party, which may be delivered in person or by mail. Pleadings delivered in person must be filed by 4 p.m. If filed by mail, a self-addressed stamped envelope shall be included.
1.5 COMPLAINTS AGAINST JUDGES
1.5.1 Governing Law.
Discipline of judges of the Tulalip Tribal Court is governed by TTC 2.05.040(5) which reserves judicial discipline to the Tulalip Board of Directors. This rule shall govern the Tribal Court’s internal vetting of complaints against judges and does not limit any person’s ability to file their complaint with the Tulalip Board of Directors. This process also shall be used by the Tribal Court if complaints against judges are filed with the Board of Directors and the Board refers the matter back to investigate the complaint.
1.5.2 Complaint Filing Process
Complaints against judges shall be made in writing on a court form developed by the Court Director. Written complaints shall be filed with the Court Director who shall determine if the complaint involves a judge or if it involves court staff. If the complaint is about an Associate or Pro Tem Judge of the Tulalip Tribal Court, the Court Director shall provide the complaint to the Chief Judge. If the complaint is directed toward the Chief Judge, the Court Director shall provide the complaint to the Chief Justice of the Tulalip Court of Appeals who shall act in the same manner as the Chief Judge for purposes of this rule.
1.5.3 Initial Determination of Cause vs Legal Matter
The Court Director and the Chief Judge shall confer to see if they agree whether the complaint alleges a cause matter as defined by TTC 2.05.040(5), or if the complaint is a legal matter that should be or should have been made through a motion for reconsideration or appeal to the Tulalip Court of Appeals. If the Chief Judge and Court Director believe it is a legal matter and not a cause matter, that determination shall be communicated to the complainant. If the initial determination of the Court Director and Chief Judge is that the allegations describe a cause violation of TTC 2.05.040(5), the Chief Judge shall conduct an investigation.
1.5.4 Investigation of Cause Complaint
The Chief Judge shall review the record available to determine whether they believe a cause violation has occurred. If the investigation requires, the Chief Judge and the Court Director may agree to appoint an outside investigator to conduct the investigation.
1.5.5 Determination of Cause Violation
After the investigation is complete, the Chief Judge and Court Director shall meet to decide whether a cause violation has occurred, and what recommended course of action should be made. If the agreed recommended course of action is an admonishment, it shall be in writing to the judge, with a copy provided to the Board of Directors. If the agreed recommendation is for suspension or removal, that recommendation shall be provided to the Board of Directors for consideration of instituting a for cause disciplinary hearing. If the recommended action is admonishment, this Rule in no way attempts to limit the Board’s ability to institute a for cause disciplinary hearing under its powers defined under TTC 2.05.040(5).
1.6 ELECTRONIC FILING (E-FILING)
1.6.1 Definitions:
A) “Affiliated Organization” means any organization or individual who has been contracted or appointed to represent individuals or the Tribes who would normally file documents with the Tribal Court in-person. This includes Tulalip Office of Reservation Attorney, public defenders, guardians ad litem, appointed counsel for juveniles, appointed counsel for vulnerable adults, professional guardians, etc.
B) “Approved Email Address” means the email address approved to be used by a “Filer” for e-filing. Receipt of documents from an Approved Email Address with a conformed signature according to these rules, will be deemed to be signed by that approved Filer.
C) “E-Filing” is the method of filing documents with the Tulalip Tribal Court Clerk by electronic transmission using e-mail.
D) “Notice of Electronic Filing” is the notice generated by the Clerk when a document is submitted and filed through the Tulalip E-Filing system, which sets forth the time of transmission and the name of the user, party or attorney transmitting the document.
E) “Filer” is the person who has been approved to make an E-Filing.
1.6.2 Electronic filing authorization, exception, service and technology equipment
A) Any document that is required by law to be filed in a non-electronic media may not be electronically filed.
B) Any Department or Affiliated Organization may be approved to e-file by the Tulalip Court Administrator, subject to requirements for encryption herein, if they are filing documents that are either confidential by statute or are under seal by court order.
1.6.3 Protocols for Electronic Filing
A) The Tulalip Court Clerk’s Office will accept filings from approved Filers by email at this address: efiling@tulaliptribes-nsn.gov.
B) Filers may file documents with the court, but not serve it on another party, by attaching it to an email as long as the following requirements are met:
i) The body of the email message to which the document is attached should include the case name, case number and contact information (name, phone number and email address) of the Filer.
ii) The email plus attachments must not exceed the capacity for the Tulalip email system. Larger files that cannot be emailed shall be filed personally at the Tulalip Court Clerk’s Office. With prior approval of the Court Administrator, an appendix may be sent separately by U.S. Mail. When such appendix is sent, the Filer must identify the document to which the appendix is intended to be attached.
iii) Appendices shall be attached in .pdf format only.
iv) Documents must be separately scanned. No single mass scan of multiple documents will be accepted.
vi) Service should be made on the other parties in the normal fashion as required by statute and rule. Certificates of Service may be filed as an attachment to e-mail.
1.6.4 Electronic Signatures.
Per this Rule, all documents submitted from an Approved Email Address will be deemed signed by the approved Filer if one of the following signature methods is used:
A) The document bears the Filer’s own signature scanned into the main e-filed document,
B) The document bears a conformed signature which is designated by “/S/ (name of person who signed the document)”.
1.6.5 E-filing Confidential Documents or Documents Under Seal.
Several case types are deemed confidential under Tulalip Tribal Code, including proceedings pursuant to Title 4 (Youth, Elders and Family) and other Titles and Chapters currently or in the future deemed by the Tulalip Board of Directors as being closed to the public. E-filing of pleadings in such a case shall be conducted according to encryption procedures created by Tulalip Data Services.
1.7 PRE-MARKING EXHIBITS
1.7.1 In all cases, if exhibits number more than ten (10) per party, exhibits shall be pre-marked.
1.7.2 Arrangements shall be made with the Court Clerk for the marking of all exhibits prior to trial.
1.7.3 In a criminal case, only the prosecution is required to pre-mark exhibits, unless otherwise ordered by the Court.
1.8 COMPILING AND SEALING OF JURY POOL PARTICIPANTS
Pursuant to TTC 2.05.110(1) (Jury Pool), the Court shall prepare an annual list of eligible jurors 18 years of age and older, and (1) are tribal members living on or near the Tulalip Indian Reservation; or (2) are residents of the Tulalip Indian Reservation; or (3) are employees of the Tulalip Tribes or any of its enterprises, agencies, subdivisions, or instrumentalities who have been employed by the Tribes for at least one continuous year prior to being called as a juror. By November 1 of each year, the Tribal Court Administrator shall provide this Court Rule to each enterprise, agency, subdivision and instrumentality of the Tulalip Tribes, along with the Tulalip Tribal Code section cited above or as hereafter amended with a request to provide the information required by the Tulalip Tribal Code. Those entities shall provide an MS Excel spreadsheet of those individuals meeting the Tribal Code criteria for eligibility. The Tribal Court Administrator shall place the provided information under seal, and which shall be deemed confidential and shall not be released to any person or entity.
1.9 [RESERVED]
1.10 COMPUTATION OF DAYS
1.10.1 Computation
In computing any period of time prescribed or allowed by these rules, by order of court, or any applicable ordinance, the day of the act, event, or default from which the designated period of time begins to run shall not be included.
1.10.2 Enlargement
When by court rule or by law an act is required to be performed within a certain time period, the Court may extend or shorten the time within which a party must perform the act; except this rule shall not apply where the law or court has specified a procedure for extending or shortening the time within which an act must be performed and except for motions for reconsideration, time for filing notice of appeal, motions for new trial, and motions for relief of judgment.
1.11 SERVICE
1.11.1 On Attorney or Party
Whenever service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the Court. Service upon the attorney or upon a party shall be made by delivering a copy to him or her, or by mailing it to his or her last known address or, if no address is known, filing with the Court Clerk an affidavit of attempts to serve. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney’s office with his or her clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
1.11.2 Service by Mail
A) How made
If service is made by mail, the papers shall be deposited in the United States mail addressed to the person on whom they are being served, with the postage prepaid. The service shall be deemed complete upon the fifth day following the day upon which they are placed in the mail, unless the fifth day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday, following the fifth day. Legal holidays are those declared by the Tulalip Tribal Board of Directors.
B) Proof of service by mail
Proof of service of all papers permitted to be mailed may be by written acknowledgment of service, by declaration under penalty of perjury of the person who mailed the papers, or by certificate of an attorney. The certificate of an attorney may be in form substantially as follows:
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CERTIFICATE |
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I certify that I mailed a copy of the foregoing _______________ to (John Smith), (plaintiff’s) attorney, at (office address or residence), and to (Mary Doe), an additional (defendant’s) attorney (or attorneys) at (office address or residence), postage prepaid, on (date). |
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___________________________________ |
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(Mike Black) |
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Attorney for (Defendant) Jane Jones |
1.12 NOTICE BY PUBLICATION
1.12.1 To prove service by publication, a party must file a declaration of publication including the dates of publication and a copy of what was published.
1.12.2 For cases that are confidential by statute, or sealed by court order, the publication must not use the full names of confidential individuals, such as youth or vulnerable adults, but may only use the protected individual’s initials.
1.13 SEALING AND REDACTION OF COURT RECORDS
1.13.1 Purpose and Scope
This rule sets forth a uniform procedure for the sealing and redaction of court records. This rule applies to all court records, not already protected by Tulalip law and applicable federal law. However, even within a sealed file, the Court may further limit or determine access to sensitive documents.
1.13.2 Definitions
A) “Court file” means the pleadings, orders, and other papers filed with the clerk of the court under a single or consolidated cause number(s).
B) “Court record” includes, but is not limited to: Any document, information, exhibit, or other thing that is maintained by a court in connection with a judicial proceeding, and any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information contained in a case management system created or prepared by the Court that is related to a judicial proceeding. Court record does not include information and data maintained by or for a judge pertaining to a particular case or party, such as personal notes and communications, memoranda, drafts, or other working papers or information gathered, maintained, or stored by the Tulalip Tribes to which the Court has access but which is not entered in the record.
C) Seal. To seal means to protect from examination by the public and unauthorized court personnel.
D) Redact. To redact means to protect from examination by the public and unauthorized court personnel a portion or portions of a specified court record.
E) Restricted Personal Identifiers are social security numbers, account numbers and driver’s license numbers.
F) Strike. A motion or order to strike from the record is not a motion or order to seal or destroy.
G) Vacate. To vacate means to nullify or cancel.
1.13.3 Sealing or Redacting Court Records
A) Requests
In a civil case, the Court or any party may request a hearing to seal or redact the court records. In a criminal case, the Court, any party, any victim or alleged victim, or any witness may request a hearing to seal or redact the court records. Reasonable notice of a hearing to seal must be given to all parties in the case. In a criminal case, reasonable notice of a hearing to seal or redact must also be given to the victim, if ascertainable, and the person or agency having probationary supervision over the affected individual.
B) Written Findings
After the hearing, the Court may order the court files and records in the proceeding, or any part thereof, to be sealed or redacted if the Court makes and enters written findings that the specific sealing or redaction is justified by identified compelling privacy or safety concerns that outweigh the public interest in access to the court record. Agreement of the parties alone does not constitute a sufficient basis for the sealing or redaction of court records. Sufficient privacy or safety concerns that may be weighed against the public interest include findings that:
i) The sealing or redaction is permitted by Tulalip ordinance;
ii) The redaction includes only restricted personal identifiers contained in the court record;
iii) Another identified compelling circumstance exists that requires the sealing or redaction.
C) Redaction
A court record shall not be sealed under this section when redaction will adequately resolve the issues before the Court pursuant to subsection (B) above.
D) Sealing of Entire Court File
When the clerk receives a court order to seal the entire court file, the clerk shall seal the court file and secure it from public access. All court records filed thereafter shall also be sealed unless otherwise ordered. The order to seal and written findings supporting the order to seal shall also remain accessible to the parties, unless protected by Tulalip ordinance.
E) Sealing of Specified Court Records
When the clerk receives a court order to seal specified court records the clerk shall:
i) On the docket, preserve the docket code, document title, document or subdocument number and date of the original court records;
ii) Remove the specified court records, seal them, and return them to the file under seal or store separately. The clerk shall substitute a filler sheet for the removed sealed court record. If the court record ordered sealed exists in another storage medium form other than paper, the clerk shall restrict access to the alternate storage medium so as to prevent unauthorized viewing of the sealed court record; and
iii) File the order to seal and the written findings supporting the order to seal. Both shall be accessible to the parties.
iv) Before a court file is made available for examination, the clerk shall not allow access to the sealed court records.
F) Procedures for Redacted Court Records
When a court record is redacted pursuant to a court order, the original court record shall be replaced in the public court file by the redacted copy. The redacted copy shall be provided by the moving party. The original un-redacted court record shall be sealed.
1.13.4 Grounds and Procedure for Requesting the Unsealing of Sealed Records.
A) Court Orders
Sealed court records may be examined by the public only after the court records have been ordered unsealed pursuant to this section or after entry of a court order allowing access to a sealed court record.
B) Criminal Cases
A sealed court record in a criminal case shall be ordered unsealed only upon proof of compelling circumstances, unless otherwise provided by Tulalip ordinance or other applicable law, and only upon motion and written notice to the persons entitled to notice under subsection 1.13.3(A) of this rule except:
i) If a new criminal charge is filed and the existence of the conviction contained in a sealed record is an element of the new offense, or would constitute a statutory sentencing enhancement, or provide the basis for an exceptional sentence, upon application of the prosecuting attorney the Court shall nullify the sealing order in the prior sealed case(s).
C) Civil Cases
A sealed court record in a civil case shall be ordered unsealed only upon stipulation of all parties or upon motion and written notice to all parties and proof that identified compelling circumstances for continued sealing no longer exist. If the person seeking access cannot locate a party to provide the notice required by this rule, after making a good faith reasonable effort to provide such notice as required by Tulalip ordinances and rules, an affidavit may be filed with the Court setting forth the efforts to locate the party and requesting waiver of the notice provision of this rule. The Court may waive the notice requirement of this rule if the Court finds that further good faith efforts to locate the party are not likely to be successful. In such cases where notice is not possible, the Court shall make an independent determination as to whether it is appropriate to unseal the requested file or documents.
1.13.5 Maintenance of Sealed Court Records
Sealed court records may be maintained in mediums other than paper.
1.13.6 Use of Sealed Records on Appeal
A court record or any portion of it, sealed in the trial court shall be made available to the appellate court in the event of an appeal. Court records sealed in the trial court shall be sealed from public access in the appellate court subject to further order of the appellate court.
1.13.7 References to Minor Children in Court Files or Court Records
In criminal proceedings, all court records and court files must refer to any minor children by initials and date of birth only, unless such references are sealed or redacted.
1.14 EXAMINATION OF COURT FILES
1.14.1 The following court files may not be viewed without a judge’s authorization: youth in need of care; guardianship; paternity; adoption; domestic relations; workers compensation; gaming license appeal; all civil cases related to domestic violence or elder protection; or any other action that is confidential by law or in the discretion of the Court.
1.14.2 The following parts of court files may not be viewed without a judge’s authorization: parts of files covered by HIPAA; medical information; financial information; portions of files that are sealed; or reports marked sealed or confidential.
1.14.3 Files may be viewed only in the Court Clerk’s office under the supervision of a Court Clerk.
1.14.4 The following conditions must be met in order to view court files:
A) A request form must be filled out.
B) The viewer may not:
i) Remove anything from the court file;
ii) Add anything to the court file;
iii) Write in the court file;
iv) Make any alteration to the court file whatsoever.
1.14.5 Expedited consideration shall be given to requests related to criminal prosecutions. Such requests may be made at the Court Clerk’s office or at the ex parte calendar.
1.14.6 Copies may be made of parts of files allowed to be viewed. The Court Clerk’s office may assess a cost for the copies except for those copies made by court appointed counsel.
1.15 PROCEDURES FOR THE TULALIP BAR EXAM
1.15.1 Application
To apply for the bar exam, the applicant must complete the Tulalip Bar Exam Application Form and return the completed form to the Court Clerk.
1.15.2 Provisional License
The Court may grant a 30-day provisional license to applicants who register to take the bar exam. It is the responsibility of the applicant to request the 30-day provisional license in conjunction with applying for the bar exam. Any person granted the provisional license but who does not take, or does not pass the bar exam within the 30-day provisional period risks being forced to withdraw from a case, or having the case dismissed if filed under provisional license.
1.15.3 Fees
Application fees shall be set by the Court. Persons engaged in exclusively pro bono services in the Tulalip Tribal Court may request a waiver of the application fee. If a person who has had their application fee waived engages in any “for fee” legal services in the Tulalip Tribal Court, they shall be required to pay the application fee previously waived.
1.15.4 Limitations
An applicant may take the exam three times in a year from the date of the first attempt.
1.15.5 Oath
The applicant shall read and agree to abide by the Tulalip Rules of Professional Responsibility and certify under penalty of perjury that the applicant has done so.
1.16 MEMBERSHIP IN THE TULALIP TRIBAL BAR
The Court has the authority to assess fees for continuing membership in the Tulalip Tribal Bar. Employees of the Office of the Reservation Attorney, presenting officers used by departments or business divisions of the Tulalip Tribes, or attorneys or individuals providing exclusively pro bono or public appointment to represent low-income parties shall not be assessed a fee for taking the Tulalip Tribal Bar exam or for membership in the Tulalip Tribal Bar.
1.17 ATTORNEY AND SPOKESPERSON RULES OF PROFESSIONAL CONDUCT
1.17.1 Purpose
This section shall guide all attorneys and spokespersons in delivering legal services before the Tulalip Tribal Courts. The Court has a duty to ensure to the extent possible that all parties appearing through an attorney or spokesperson, receive and are represented by competent representation reflecting high professional standards. It is therefore the policy of the Court that the following rules shall apply to all attorneys and spokespersons who are admitted to practice before the Tulalip Tribal Courts. Failure to comply or adhere to these rules shall result in the Chief Judge disbarring the attorney or spokesperson as provided in TTC 2.05.080(5).
1.17.2 Reserved
1.17.3 Rule 1
An attorney or spokesperson shall not file a petition, assert a position, conduct a defense, delay a trial or take other action, which the attorney or spokesperson knows would serve merely to harass or maliciously injure another; knowingly advance a claim or defense that is unwarranted under existing law; knowingly use perjured testimony or false evidence; knowingly make a false statement of law or fact; participate in the creation or preservation of evidence, when the attorney or spokesperson knows or should have known that the evidence is false; counsel or assist a client in conduct that the attorney or spokesperson knows to be illegal or fraudulent.
1.17.4 Rule 2
A spokesperson (1) shall not communicate with a judge before whom a proceeding is pending except in open court or in writing, and promptly forwarding a copy to the adverse party; (2) shall not give or lend anything of value to a judge, official or any employee of the Tribal Court; (3) shall not threaten to bring criminal charges to obtain an advantage in a civil matter.
1.17.5 Rule 3
During a court hearing, an attorney or spokesperson (1) shall not state or allude to any matter that the attorney or spokesperson has no reasonable basis to believe is relevant to the case or that will not be supported by admissible evidence; (2) shall not ask any question that the attorney or spokesperson has no reasonable basis to believe is relevant to the case and that is intended to degrade or humiliate a witness or another person; (3) shall not engage in undignified or discourteous conduct which is degrading to the Court, any of the parties, or others in the Tulalip Tribal Court; (4) shall not intentionally or habitually violate any established rule of procedure or evidence.
1.17.6 Rule 4
An attorney or spokesperson shall not intentionally (1) fail to seek the lawful objectives of the client through reasonable available means permitted by law; (2) fail to carry out a contract of employment entered into with a client.
1.17.7 Rule 5
An attorney or spokesperson shall not withdraw from representation of a client until said attorney or spokesperson has taken reasonable steps to avoid prejudice to the rights of the client.
1.17.8 Rule 6
An attorney or spokesperson (1) shall not accept representation, in which there appears to be an actual conflict of interest or a likely conflict of interest; (2) shall seek to resign from representation, if after accepting employment/responsibility to represent, an actual or likely conflict of interest arises.
1.17.9 Rule 7
An attorney or spokesperson (1) shall provide competent representation. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the case; (2) shall not neglect a legal matter entrusted to the attorney or spokesperson.
1.17.10 Rule 8
An attorney or spokesperson shall not (1) commit a criminal act that reflects adversely on the attorney or spokesperson honesty, trustworthiness or fitness; (2) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (3) engage in any conduct that is prejudicial to the administration of justice; (4) state or imply an ability to improperly influence a tribal agency, tribal official or tribal judge.
1.17.11 Rule 9
An attorney or spokesperson shall not enter into a representation agreement, charge or collect a clearly excessive fee. A fee is clearly excessive when, after a review of the facts, an attorney or spokesperson of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee.
1.18 SEARCH WARRANTS
1.18.1 Issuance
A search warrant may be issued only if the Court determines there is probable cause for the issuance of a warrant. The evidence in support of a warrant must be in the form of affidavits, and/or in sworn oral testimony establishing the grounds for issuing the warrant and may be provided to the Court by any reliable means. Sworn oral testimony should only be used as a last resort. Any sworn oral testimony must be recorded and made part of the court record. The evidence in support of the finding must be preserved and may be hearsay in whole or in part. The Court’s authorization may be communicated by any reliable means including in person in the judge’s chambers, or if outside of the Court’s regular hours, through electronic review, signed and returned to the law enforcement officer from the judge’s Tulalip email address.
1.18.2 Sealing
Search warrants and inventories, or foreign warrants endorsed by a Tulalip Tribal Court Judge pursuant to TTC 2.25.030(7) shall be returned to the signing judge by delivery to the signing judge’s chambers. In the event that a judge pro tem issues the warrant, or the issuing judge is no longer a Tulalip Tribal Court Judge, the warrant and inventory shall be returned to the chambers of the Tulalip Chief Judge. The judge shall provide the copy of the warrant and the inventory to the Tulalip Court Director who shall maintain a sealed file in her or his office. Access to a warrant and inventory shall be by motion in either an existing case or if no case has been filed by any party, by filing a general civil complaint seeking access to the warrant and inventory.
1.19 WARRANT QUASHES
1.19.1 Calendar
The Court shall establish regularly scheduled calendars to address the quashing of warrants. Under extenuating circumstances, judges may hear warrant quashes at any other time with notice to the parties.
1.19.2 Notice
The Court Clerk shall notify the prosecutor and defense counsel when a warrant quash is requested.
1.19.3 Quash Fee
If a motion to quash is granted, the Court may assess a quash fee of no more than $100.00.
1.20 INFORMATION TECHNOLOGY EQUIPMENT IN THE COURTROOMS
1.20.1 Responsibility of Parties
All courtrooms are equipped with electrical outlets and guest wireless internet access. However, it is the responsibility of the parties to provide electrical cords, shadow boxes, overhead projectors, laptops, audio/visual equipment or other electronic equipment for use in the courtroom during hearings. The party using private equipment shall provide mats or gaffer’s tape for securing cables crossing floors to avoid creating tripping hazards in the courtrooms. Each party who wishes to use private equipment or equipment based on other technologies during court hearings shall obtain approval from the judge.
1.20.2 Technical Coordination and Support
Once the request to use private equipment is approved, the party must contact TDS at 360-716-5101 no later than 10 days prior to the court date. The Court Specialist/TDS will coordinate any necessary installation of equipment in the courtroom. The party must provide their own technical support for any private equipment during the hearing.
1.20.3 Other Considerations
A) There are a limited number of electrical outlets available in each courtroom.
B) Additional telephone and/or network connections may not be available in the courtrooms.
C) Private equipment must not interfere with the line of sight of the judge or jury.
1.21 [RESERVED]
1.22 COURTROOM PHOTOGRAPHY AND RECORDING BY THE NEWS MEDIA
1.22.1 Permission
Video and audio recording and still photography by the news media are allowed in the courtroom during and between sessions, provided that:
A) Permission shall have first been expressly granted by the judge; and
B) Media personnel not, by their appearance or conduct, distract participants in the proceedings or otherwise adversely affect the dignity and fairness of the proceedings.
1.22.2 Discretion
The judge shall exercise reasonable discretion in prescribing conditions and limitations with which media personnel shall comply.
1.22.3 Guiding Principles
If the judge finds that sufficient reasons exist to warrant limitations on courtroom photography or recording, the judge shall make particularized findings on the record at the time of announcing the limitations. This may be done either orally or in a written order. In determining what, if any, limitations should be imposed, the judge shall be guided by the following principles:
A) Open access is presumed; limitations on access must be supported by reasons found by the judge to be sufficiently compelling to outweigh that presumption;
B) Prior to imposing any limitations on courtroom photography or recording, the judge shall, upon request, hear from any party and from any other person or entity deemed appropriate by the judge; and
C) Any reasons found sufficient to support limitations on courtroom photography or recording shall relate to the specific circumstances of the case before the Court rather than reflecting merely generalized views.