3.01.060 Saint Regis Mohawk Tribal Court, Traffic Court Division

The Saint Regis Mohawk Tribal Court, Traffic Court Division shall be comprised of two (2) members of the Saint Regis Mohawk Tribe who shall sit as Traffic Court Judge.

(a) Initial composition (effective 2000 to July 2003). The initial arbiters on the Saint Regis Mohawk Tribal Court, Traffic Court Division shall be appointed to the position upon majority vote of the Saint Regis Mohawk Tribal Council. Said arbiters shall serve until July 2003, at which time the positions shall be posted for election at the annual June election of the Tribe, and said positions shall be voted upon by members of the Saint Regis Mohawk Tribe. Removal of either of the appointed Traffic Court Judges of the Saint Regis Mohawk Tribal Court, Traffic Court Division can only be done by unanimous consent of the elected Tribal Chiefs and Sub-Chiefs of the Saint Regis Mohawk Tribal Council.

(b) Composition (effective July 2003). There shall be elected from the membership of the Saint Regis Mohawk Tribe two persons to serve as Traffic Court Judges of the Saint Regis Mohawk Tribal Court, Traffic Court Division. Each shall serve a term of three years. Eligibility to hold this position, and removal from office, shall be made pursuant to the established rules, ordinances, resolutions, and customs of the Saint Regis Mohawk Tribe for the election of Tribal officials.

(c) Compensation. Persons elected to this position shall be entitled to monetary compensation set by the Saint Regis Mohawk Tribal Council or its designee.

(d) Hearings:

(1) Order of presentation. After the Traffic Court Judge administers an oath, the SRMT Police and/or complainant shall be the first to address the Saint Regis Mohawk Tribal Court, Traffic Court Division. SRMT Police and/or complainant shall describe and/or provide documentary proof to the Traffic Court Judge of the alleged violation of this chapter engaged in by the operator of a motor vehicle or ORV. Upon finishing this presentation, the operator of a motor vehicle or ORV shall then be given the opportunity to rebut the proof presented or the conduct alleged to have been engaged in the summons, and the presentation made by the complainant.

(2) Burden of Proof. After the SRMT Police has made its presentation based upon the summons and met its burden of proof based upon clear and convincing evidence, the burden shall shift to the operator of the motor vehicle or ORV to rebut the presentation.

(3) Evidentiary issues. The Traffic Court Judge is free to accept or deny the presentation of any material or testimony presented to the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(4) Decision Making. The Traffic Court Judge shall make a finding after an adequate period of time to review all the material before him or her and based upon testimony given to him or her. The Traffic Court Judge shall then make a determination either written or orally to the parties.

(A) Determination in favor of Complainant and/or SRMT Police

After making a finding in favor of the Complainant and/or the SRMT Police, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall assess a monetary judgment against the operator of the motor vehicle or ORV within the parameters provided for in this chapter. The operator of a motor vehicle or ORV shall then have the opportunity to appeal the decision to the Saint Regis Mohawk Tribal Court of Appeals pursuant to the Tribal Rules of Appellate Civil Procedure.

(B) Determination in favor of the operator

After making a finding in favor of the operator of the motor vehicle or ORV, the Traffic Court Judge shall so advise the operator and thank the operator for appearing before the Saint Regis Mohawk Tribal Court, Traffic Court Division. The SRMT Police and/or complainant has no right to appeal this decision.

The Traffic Court Judge, upon grounds which he or she must include in written form and make part of the record, may dismiss a summons and complaint. Either party may appeal this determination.

(5) Issuance of Determination of Judgment. The Traffic Court Judge after making his/her determination, shall cause to be provided to the operator of the motor vehicle or ORV and complainant a written copy, or if done orally, a spoken directive, of the Court's finding. If the finding is against the operator, and requires the payment of a fine to satisfy the judgment, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall advise the operator of the motor vehicle or ORV of the fine and associated court fee as amended from time to time and the means upon which to satisfy the judgment.

(6) Satisfaction of Judgment. When a fine is issued against the operator of a motor vehicle or ORV, he or she shall pay that judgment amount to the Saint Regis Mohawk Tribal Court, Traffic Court Division.

(A) Upon receiving monies, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall cause to be delivered to the operator a receipt acknowledging receipt of the monies. It also shall clearly indicate if any balance is due and owing. Upon full payment of the judgment, the Saint Regis Mohawk Tribal Court, Traffic Court Division shall issue a Satisfaction of Judgment Statement signed by a Traffic Court Judge.

(B) When the Saint Regis Mohawk Tribal Court, Traffic Court Division receives a monetary payment that is not cash, such payment shall be subject to the Tribe's General Finance Policy Section 3.01.020(c) Check (Deposited) Returned for Non-Sufficient- Funds as amended from time to time.

(7) Failure to satisfy judgments. Should an operator of a motor vehicle or ORV fail to satisfy in a timely manner a judgment from the Saint Regis Mohawk Tribal Court, Traffic Court Division, Tribal Court shall by written notice notify the operator of the motor vehicle or ORV of the outstanding judgment and the consequences of not paying it.

(A) The SRMT Court shall promulgate its own rules and procedures that the SRMT Tribal Council shall approve when a judgment debtor fails to remit payment in a timely manner. Tribal Court may establish an Amnesty Day for judgment debtors to pay outstanding judgments. Any such procedure shall be approved by Tribal Council.

(B) After the Court has exhausted all of its remedies and more than six (6) months has passed since a payment was received, the Court for any tickets issued on or after January 1, 2017, may transfer that judgment debtor's name to the SRMT Tribal Council or its designee who may issue a reminder notice to the judgment debtor and follow the Tribe's procedures regarding the Tribe's Good Standing Policy.

(8) Alternative Civil Judgment and/or Sentencing. After the Saint Regis Mohawk Tribal Court, Traffic Court Division has made a finding against an operator of a motor vehicle, the complainant and/or the SRMT Police or the operator may make a request for an alternative sentence of Community Service. When such request is made the Saint Regis Mohawk Tribal Court, Traffic Court Division shall make a factual determination on the record whether such alternative is appropriate. If such alternative is found appropriate, then any fine imposed shall be suspended and an appropriate alternative sentence of Community Service may be imposed and monitored by the Court. Such Community Service cannot be ordered or served for any Tribal program/department where a background check or fingerprinting is required. Written evidence of successful completion of an alternative sentence shall be required and upon receipt, the judgment of the Saint Regis Mohawk Tribal Court, Traffic Court Division shall be deemed satisfied.