Tribe: Native Village of Fort Yukon
SECTION 2.01.06
Decisions by Judges
A. Decisions by Judges
The Judges of the Gwichyaa Zhee Gwich’in Tribal Court shall reach decisions through
consensus when possible and through a majority vote when consensus is not possible. Judges
may refer cases to the GZG Tribal Council or to Justice Circles for decisions by consensus or
majority vote. The judges shall administer justice and discharge all duties imposed by law
and shall hear and decide cases and enter judgments of orders disposing of each case. The
judges shall further make recommendation to the Tribal Council for the enactment or
amendment of the Code to improve judicial procedures.
B. Advisors
The Judges may confer with Elders, Council members, or other appropriate consultants or
advisors during hearings, and may call upon the Gwichyaa Zhee Gwich’in Elders to give
written and/or oral answers to questions put to them, to be kept for future generations.
C. Visiting Judges
Additionally, the Court may use visiting judges from outside the Village when the Court
determines that is in the best interest of the Tribe to do so. The Court may join with other
tribal courts to form intertribal courts for specific cases involving persons who are members
or eligible members from two or more tribes. The Court may use a Justice Circle format
when it is appropriate to do so. The GZG Tribal Council may also establish specialty tribal
courts such as a tribal youth court, in any configuration of the Gwichyaa Zhee Gwich’in
Tribal Court System. Any such request shall be in writing and approved by the Tribal
Council. Compensation of a visiting judge shall be determined by agreement between the
judge and Tribal Council.
D. Legal Training
The Tribal Council may establish training requirements and programs for the Tribal Judges.
Refusal of a judge to participate in any required training may be grounds for suspension or
removal pursuant to Section 2 of this Title. […] SECTION 2.01.12
Justice Circles
The Justice Circles provides a structure that permits parents and their extended family the
opportunity to actively participate in a decision-making and to take responsibility for developing
a plan that will ensure safety, protection and permanency for their children.
A. The Gwichyaa Zhee Gwich’in Tribal Court may use a Justice Circle format for sentencing
for any cases where the Circle format is appropriate. A quorum of at least three Judges shall
decide who shall sit in such Circles and who shall sit as the Keeper of the Circle, provided
that at least one Tribal Court Judge shall sit in the Circle.
B. Basic Rules of the Circle: The most basic rule of the Circle is that persons shall have
respect for one another. Only one person shall speak at a time while the others respectfully
listen. The Keeper of the Circle shall lead the Circle, but shall have no greater voice in the
final consensus then anyone else in the Circle. Other rules may be established by the Circles
themselves.
C. If a Circle fails to come to consensus on a case, the case shall be referred back to the
regular GZG Tribal Court. Decisions of Circles: Decisions of Justice Circles shall be by
consensus of the Circle and shall be written as written Orders of the GZG Tribal Court. D. Follow-up on Circle Orders: Before a Circle adjourns a session it shall set a Justice Circle
date to sit in the Circle again to examine the progress of a case if appropriate, or shall make a
specific plan for how follow-up will be monitored […] SECTION 2.02.07
Procedures for Hearings
A. Notice of Hearings: The Tribal Court Clerk, or other person designated by the Tribal
Court, shall personally serve or mail Notice to all parties before each hearing. A proof of
service shall be filed with the Tribal Court Clerk. The Notice shall be delivered at least 10
days or mailed at least 14 days before a hearing except as otherwise provided for in this
Code. Each party shall be responsible for serving their own witnesses with a Notice of
hearings. B. Oath: All persons testifying in the Gwichyaa Zhee Gwich’in Tribal Court shall first
swear that they will tell the truth, the whole truth, and nothing but the truth. If the Tribal
Court has proof that a person violated this oath, the Tribal Court may hold the person in
Contempt of Court.
C. Hearings when a Case Involves a Complaint: In cases where a Complaint has been
filed against a Defendant charging that he or she violated a tribal ordinance, a hearing shall
be held within 60 days after Notice has been given to the Defendant. At this hearing, the
Presiding Tribal Judge shall open the hearing and shall read the Complaint into the record.
The Presiding Tribal Judge shall read the pleas to the Defendant in Court on the record, and
shall make sure the Defendant understands the pleas. If the Defendant needs an interpreter to
understand the proceeding, the Tribal Court shall provide one. The Defendant shall say what
his or her plea is. If the Defendant pleads guilty or no contest, the Tribal Court may either
sentence the person or set a date for sentencing. If the Defendant pleads not guilty, the
hearing shall be held at this time unless the Tribal Court finds good reason to delay.
At the hearing, the law enforcement official or other spokesperson for the Plaintiff shall
make a statement to the Tribal Court, and shall present any other evidence or witnesses to
the Tribal Court. The Defendant may make a statement to the Court and may present other
witnesses and evidence to the Tribal Court. Each party shall be entitled to question the other
party’s witnesses.
D. Hearings in Cases Involving a Petition to Use the Tribal Court: A hearing shall be set
by the Tribal Court when a Petitioner requests the Tribal Court to settle a dispute or to
perform an undisputed activity such as a marriage or uncontested adoption, through filing a
Petition to use the Tribal Court. The hearing shall be held no more than 60 days after the
Respondent was served with the Petition, unless the Tribal Court determines there is a good
reason to have a hearing at a later time. At the hearing, the Petitioner shall make a statement
to the Tribal Court saying what he or she wants the Tribal Court to do. The Petitioner may
present witnesses on his or her behalf and may present other evidence to the Tribal Court.
The Respondent may make a statement to the Tribal Court saying what he or she wants the
Tribal Court to do. The Respondent may present witnesses on his or her behalf and may
present other evidence to the Tribal Court. Each party shall be permitted to question the
other party’s witnesses and shall be responsible for the expenses of their own witnesses.
Judges may question all witnesses.
E. Changing the Time of a Hearing: If the Tribal Court changes the time of a hearing for
any reason, the involved parties shall be given reasonable notice of the change.
F. Failure to Show for a Hearing: If a Defendant has been served with a Complaint and
has been notified about the hearing but fails to show up at the hearing without a compelling
reason, the Gwichyaa Gwich’in Tribal Court may proceed to hold the hearing and make a
decision in the absence of the person, or the Tribal Court may set another hearing date.
G. Recesses: The Gwichyaa Zhee Gwich’in Tribal Court may recess and reconvene during
hearings. H. Records of Hearings: The Tribal Court shall keep a record of all cases consisting of a
tape recording of all hearings, a copy of all documents filed with the Tribal Court, and all
Orders entered by the Tribal Court.
I. Decision-Making: After both sides have presented their cases, the Judges may ask
everyone to leave while the Tribal Court considers the case and evidence presented. If the
Defendant pleads guilty, no contest, or is found guilty of a violation, the Tribal Court may
either sentence the person immediately or set another hearing for a later date to sentence the
person. The decision shall either be a consensus or by a majority vote. The Tribal Court
shall issue a written Order of its decision.
J. Justice Circles: Instead of the Tribal Judges issuing a sentence, the Tribal Court may
choose to design a Justice Circle, and send a case to the Circle. The Presiding Tribal Judge
or that appointed shall be the Keeper of the Circle. If the Circle fails to come up with a
consensus plan for a case, the case shall be referred back to the Tribal Judges of the
Gwichyaa Zhee Gwich’in Tribal Court for sentencing.
K. Confidentially: All cases and hearings shall be confidential. Hearings involving adults
may be open to the public if the parties and the Tribal Court Judges agree. Unless a case is
appealed to the Gwichyaa Zhee Gwich’in Appellate Court, only the Tribal Court Judges and
Tribal Court Clerk shall have access to the Tribal Court records without further Order of the
Tribal Court. The Gwichyaa Zhee Gwich’in Appellate Court shall have access to all records
involving cases that are appealed to it.