Washington SCT Amends Tribal Court Jurisdiction Court Order 82.5

Here is the order. The amendment:

(d) Communication Between Superior Court of Any County of this State and Indian Tribal Court.

(1) A superior court of any county of this state may communicate with any Indian tribal court concerning co-occurring proceedings, whether they are active or have been concluded. The parties shall provide to the respective courts the identity, contact information, and a case or docket number of the other court’s proceedings to facilitate this communication.

(2) The superior court may allow the parties to participate in the communication. If the parties are not able or allowed to participate in the communication, they shall be given an opportunity to present facts and legal arguments in writing before a decision is made regarding the communication, or the subject of communication, by the superior court. The Indian tribal court‘s procedures and customs shall determine the parties’ participation in the Indian tribal court proceedings.

(3) The superior court shall make a record of a communication made pursuant to this section. The parties shall be informed promptly of the communication by the superior court and granted access to the record. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings, and whether and how parties may be informed of the communication or granted access to a record of the communication.

(4) Except as otherwise provided in subsection (3) of this section, communication between the superior court and the Indian tribal court regarding scheduling, administrative or emergency purposes, and similar matters may occur without informing the parties. The superior court need not make a record of the communication under this section. The Indian tribal court‘s procedures shall determine whether and how a record is made in Indian tribal court proceedings of such communication.

(5) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(6) The superior court shall follow the procedures set forth in subsection (3) of this section when communicating regarding adult criminal matters, except as otherwise authorized by law. The Indian tribal court‘s procedures shall determine the requirements for communication regarding adult criminal matters in Indian tribal court proceedings. Superior courts and Indian tribal courts may communicate about the orders prohibiting contact as set forth in subsections (1) – (5) above.

This entry was posted in Author: Matthew L.M. Fletcher, Research, tribal courts and tagged , , . Bookmark the permalink.