Tribe: The Muscogee (Creek) Nation
§ 1–402. Hearings
A. Procedure. Hearings shall be held before the Court without a jury, except
as provided in Title 6, § 1–403, and may be conducted in an informal manner,
except in proceedings brought concerning an alleged delinquent. The general
public, including elected officials, shall be excluded unless the Court deter
mines that it is in the best interest of the child to allow the general public to
attend. The Court shall admit only such persons as have an interest in the case
or the work of the Court, including persons whom the parents or Indian custodian wish to be present unless an order has been entered authorizing the
general public to attend. Hearings may be continued from time to time as
ordered by court.
B. Record. An audio tape record shall be taken of all proceedings which
might result in the deprivation of custody. An audio tape record shall be made
in all other hearings, unless waived by the parties in the proceeding and so
ordered by the Judge.
C. Consolidated hearings. When more than one (1) child is named in a
petition alleging delinquency, need of supervision, or neglect or dependency,
the hearings may be consolidated; or heard separately at any stage of the
proceeding in the Court’s discretion.
D. Separate hearings. Children’s cases shall be heard separately from
adult’s cases, and the child or his parents, guardian, or other custodian may be
heard separately when deemed necessary by the Court.
E. Confidentiality. The name, picture, place of residence, or identity of any
child, parent, guardian, other custodian, or person appearing as a witness in
children’s proceedings under this chapter shall not be published in any newspa
per or in any other publication nor given any other publicity unless for good
cause it is specifically permitted by order of the Court. Any person who violates
the provisions of this subsection is guilty of a misdemeanor and, upon convic
tion, thereof, shall be punished by a fine of not more than five hundred dollars
($500.00), or by imprisonment in the Court’s detention facilities for not more
than thirty (30) days, or by both such fine and imprisonment. […] § 1–806. Hearing informal
The dispositional hearing shall be informal and the general rules of proce
dure and evidence shall not apply so that all pertinent information may be
considered in determining treatment and disposition. However, when feasible,
the Court shall order the writer of any report or study to appear and answer
questions regarding that report if it be challenged by any party.