Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

2.06.050 A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

(a) Judicial and adjudicative duties and responsibilities shall take precedence over all the judge's other activities.

(1) A judge shall uphold the law without influence by partisan interests, public clamor or fear of criticism and shall not manifest, by words or conduct, bias or prejudice based on age, race, creed, color, sex, sexual orientation, religion, national origin, disability, marital status or socioeconomic status.

(2) A judge shall require all litigants, jurors, witnesses, lawyers, court staff and officials to refrain from any bias or prejudice, by words or conduct, as described in the previous sub clause unless it is an issue in the proceedings.

(3) A judge shall require order and decorum in proceedings and shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, court staff and officials.

(4) A judge shall promote development of judicial competence by exchange of knowledge and participation in courses and conferences.

(5) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law and shall not initiate, permit, or consider ex parte communications concerning a pending or impending proceeding, except:

(A) For scheduling or administrative purposes which does not affect any rights of the litigants.

(B) For advice of a disinterested expert on the law applicable to a proceeding with notice to the parties and providing opportunity to respond to the advice.

(C) For direction to court personnel assisting the judge in the proceedings.

(D) With the consent of the parties, the judge may confer separately with the parties and their lawyers on certain matters.

(6) A judge shall dispose of all judicial matters promptly, efficiently and fairly. As an example, this requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants and their lawyers cooperate with the judge to that end. Further, a judge should monitor and supervise eases in ways that reduce or eliminate dilatory practices, avoiding delays and unnecessary costs to the parties.

(7) A judge shall not make any public comment or any commitments about a pending proceeding in the Saint Regis Mohawk Tribe's courts unless the judge is a litigant in a personal capacity or providing public information on their duties and procedures of the court and shall direct the court personnel to do same.

(8) A judge shall not disclose or use, for any purpose unrelated to judicial duties, confidential information acquired in a judicial capacity.

(b) Administrative Responsibilities:

(1) A judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business.

(2) A judge shall direct court personnel to conduct themselves in a manner that promotes public confidence in the integrity and honor of the Saint Regis Mohawk Tribal Court system.

(c) Disciplinary Responsibilities:

(1) A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of tribal law shall take appropriate action.

(2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a substantial violation of tribal law or the lawyer's applicable Code of Professional Responsibility shall take appropriate action.

(d) Disqualification:

(1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where the judge has a personal bias or prejudice concerning a party or their lawyer or the judge has personal knowledge of disputed evidentiary facts or made public statements or comments or has an economic interest which could give rise to a personal bias or prejudice.

(2) A judge shall keep informed about the economic interests of anyone in the household of the judge which could give rise to a personal bias or prejudice or the appearance of impropriety.

(e) If there exists facts that may give rise to a personal bias or prejudice, or the appearance of impropriety, the judge must remove himself, and this shall be part of the court record.