Tribe: Quileute Tribe of the Quiluete Reservation
§17.13 PARTICIPATION IN THE ELDERS PANEL
A.
Any juvenile charged with a juvenile offense under Quileute law
may request participation in the Elders Panel as a deferred disposition
under the Quileute Juvenile Code.
B.
The court shall advise the juvenile, his or her parent(s), and/or
legal guardian of the juvenile’s rights under Quileute law before the juvenile, his or her parent(s), and/or legal guardian proceed under
paragraph C of this section.
C.
Any juvenile charged with a juvenile offense under Quileute law
who wishes to proceed before the Elders Panel shall in writing (i)
acknowledge that he or she committed the act(s) charged, and (ii)
obtain the signature of the tribal prosecutor concurring in the
juvenile’s acknowledgment of the act(s) charged. The Tribal Court
shall maintain a form for such purposes.
D.
The tribal prosecutor may recommend that the court impose
counseling or treatment services and/or any variety of behavioral
conditions including but not limited to, school attendance, curfew,
abstinence from drugs and alcohol, and urinalysis during the juvenile’s
participation in the Elders Panel process. Aside from recommendation
of interim services, behavioral conditions, and treatment, the tribal
prosecutor shall have no authority with respect to the Elders Panel
process.
E.
Upon consideration of the tribal prosecutor’s recommendations
and after issuing any order regarding interim services, the Tribal Court
shall refer the juvenile to the Elders Panel. […] §17.15 AGREEMENT OF PARTICIPATION
At a first appearance before the Elders Panel, the juvenile and his or
her parent(s), legal guardian, and/or custodian will execute an
agreement of participation in the Elders Panel containing the following
terms:
A.
identification of charges being deferred and the maximum
penalties for those charges;
B.
admission to wrong-doing commensurate with the original
charges;
C.
requirement of satisfactory participation in the Elders
Panel, as determined solely by the Elders Panel;
D.
a term of participation that will not exceed 6 months or the
juvenile’s 18th birthday, whichever is sooner;
E.
agreement to perform a corrective action plan determined
in the sole discretion of the Elders Panel;
F.
acknowledgement that, upon referral back to the Tribal
Court by the Elders Panel, the deferred juvenile proceedings will
proceed directly to disposition;
G.
acknowledgement that the juvenile voluntarily entered the
Elders Panel process and was neither coerced nor was offered
any inducement or promises other than those contained in the
agreement of participation;
H.
the consent of the juvenile’s parent(s), legal guardian,
and/or custodian; and
I.
requirement that all steps required by the Elders Panel to
be completed by the juvenile consistent with subsection D
herein.
Upon execution of the agreement of participation, the juvenile
becomes a participant. The Tribal Court will maintain a form
agreement of participation.