2.10.30 Elder Court Advisor(s) Position.
This section shall apply to all actions which are subject to the jurisdiction of the Tribal Court. This section establishes the position of Elder Court Advisor.
(a) Appointment of Elder Court Advisor(s). The Tribal Council shall appoint one or more Elders to the position of Elder Court Advisor by majority vote in a secret ballot.
(b) Term of Elder Court Advisor(s). The term of office of the Elder Court Advisor(s) shall be two years.
(c) Selection Criteria of Elder Court Advisor(s).
(1) The Tribal Council may draw from a pool of volunteer Elders who are enrolled tribal members. Any tribal member fifty-five (55) years of age or older shall be eligible to serve as an Elder Court Advisor of the Tribal Court, except the following:
(i) The Court Clerk, Tribal Court Judges, Assistant Clerks and nonmembers of the Tribe.
(ii) Those who have been convicted by a court of the United States for a felony, as a felony is defined by the laws of that jurisdiction.
(2) The Elder Court Advisor candidate will be evaluated by the Tribal Council based on the candidate’s personal history, experience, understanding of traditional values, community service activities, and other factors.
(d) Compensation for Elder Court Advisor. The Elder Court Advisor positions are voluntary. A small hourly wage for time spent on specific case hearings may be established by Tribal Council resolution to partially compensate the Advisor.
(e) Oath of Office. Each person, prior to assuming the office of Elder Court Advisor of the Tribal Court, shall take the following oath before the President or designated Tribal Council member of the Tribal Government of St. Paul Island:
I ____________________ do solemnly swear (or affirm) that I will support and defend the Indian Civil Rights Act, the Constitution, Bylaws, and laws of the Tribal Government of St. Paul Island, and that I will faithfully and diligently perform the duties of (Elder Court Advisor) of the St. Paul Island Tribal Court, to the utmost of my ability, with impartiality and without improper favor, to the end that justice may be fully served. Further, I do solemnly affirm that I will not discuss the proceedings of any case outside of the chambers of the Tribal Courtroom.
(f) Removal of an Elder Court Advisor from Office.
(1) An Elder Court Advisor may be removed from office by the two means cited below:
(i) Removal of a Elder Court Advisor from office for any reason may be made by a formal secret ballot of the Tribal Council by majority vote of the Tribal Council members voting for removal.
(ii) An Elder Court Advisor may be removed from office by a recall petition of the enrolled members of the Aleut Community of St. Paul Island. Such petition shall consist of the signatures of twenty-five percent (25%) of the number of enrolled tribal member votes cast in the most recent general election. Upon the certification of such a petition by the Court Clerk, the matter shall be placed on the ballot for a vote by the enrolled tribal membership. Such election shall take place at the next regularly scheduled general election or at a special election to be held within six months of the date of certification of the petition, whichever comes first. If a majority of the enrolled tribal members vote for removal of the Judge, removal shall then be effective upon the date of certification of the election results.
(g) Rules for Removal of an Elder Court Advisor by Tribal Council Action.
(1) The Tribal Council by a majority vote at a meeting at which a quorum is present may direct that an Elder Court Advisor shall be suspended from duty for a period not to exceed twenty (20) days between the time charges are authorized and the date of the hearing of the charges. The Tribal Council may appoint a temporary Elder Court Advisor to assume the Advisor’s duties pending the final decision by the Tribal Council on the charges.
(2) An Elder Court Advisor subject to charges shall be given at least a ten (10) day advance notice in writing of a hearing for the purpose of removal, and notice that he or she is entitled to have representation. The written notice shall include an itemization of the charges and grounds for removal which are to be considered. Such notice shall be served by registered or certified mail, or be delivered personally to the Elder Court Advisor. In the case of personal delivery of the charges, the Elder Court Advisor must acknowledge receipt of the aforementioned notice by his or her signature on a notice receipt form. A copy of said receipt form shall be provided to the Elder Court Advisor and the original shall be retained in the Tribal Court records.
(3) The Elder Court Advisor shall be given an opportunity to present witnesses and documentary evidence, to make oral and/or written argument on his or her behalf, to cross-examine all other witnesses at the hearing, and to be represented at his or her own expense.
(4) Removal shall be by a majority affirmative vote by secret ballot of the members of the Tribal Council present at a valid meeting called for the purpose of considering such removal, after a hearing. The decision by the Tribal Council to remove an Elder Court Advisor shall be final.
(h) Rules of Elder Court Advisor Conduct.
(1) Scope of Rules. The following rules shall govern all Elder Court Advisors of the St. Paul Island Tribal Court:
(i) Contacts Outside the Court.
(A) Except in open court, an Elder Court Advisor shall not discuss a case or any judicial business related to a case to which the Elder Court Advisor is assigned with a party in that case, a party’s representative, or any person who has an interest in the case, unless all parties are present.
(B) An Elder Court Advisor shall avoid informal contacts with police of any jurisdiction in which judicial business is discussed.
(C) An Elder Court Advisor shall not seek advice or opinions from all other persons (except other Elder Court Advisors) including Tribal Council members and lawyers, regarding the merits of a particular case. An Elder Court Advisor may, however, discuss general principles affecting cases and hypothetical examples with Judges and other Elders.
(ii) Conflicts of Interest.
(A) Elder Court Advisors of the St. Paul Island Tribal Court shall remove themselves from hearing a case in which there is a real or perceived conflict of interest.
(B) An Elder Court Advisor should disqualify himself or herself from advising on a case in which a close relative is a party or witness.
(C) An Elder Court Advisor should disqualify himself or herself from advising on a case in which the Elder Court Advisor has interests which may be affected by the outcome, has formed an opinion about the merits of the case, or has personal knowledge of facts which would prevent him or her from considering all sides impartially.
(D) Elder Court Advisors shall remove themselves from any cases in which they have any significant, direct, personal, financial, or other interest.
(E) Elder Court Advisors shall remove themselves from a case in which they cannot be fair for any reason.
(F) The declared conflict of interest of an Elder Court Advisor may be specifically waived by the party(s), witness(s) or representative(s) in a pending case.
(iii) Fairness and Diligence.
(A) An Elder Court Advisor shall respect and comply with tribal and federal law and always conduct himself or herself in such a way as to promote respect for the law of all jurisdictions and Aleut traditions and culture.
(B) An Elder Court Advisor shall not let social relationships, his or her political or religious views, or criticism or praise influence the advice he or she makes in court.
(C) An Elder Court Advisor shall be patient, courteous, careful, and conscientious in the performance of all official duties.
(iv) Independence.
(A) An Elder Court Advisor shall not engage in outside activity which would be inconsistent with the Tribal Court’s status as an independent government branch.
(B) An Elder Court Advisor shall not be swayed by public criticism or clamor regarding his or her official advice.
(C) An Elder Court Advisor shall make no public comment on matters pending before the Court except in the course of official proceedings.
(i) Duties of an Elder Court Advisor. Tribal Judges may confer with the Elder Court Advisor, request attendance of the Elder Court Advisor at a Court hearing, seek advice from the Elder Court Advisor in general or specific, and call upon the Elder Court Advisor to give answers in private to questions put to them, which shall be recorded for future generations. The Elder Court Advisor shall participate in Tribal Court hearings as an observer and not as an active participant. The Elder Court Advisor shall be involved in Tribal Court activities solely at the invitation and discretion of the presiding Tribal Judge. The Elder Court Advisor is solely advisory to the Tribal Judges. The advice of the Elder Court Advisor is strictly limited to interpreting and explaining Aleut traditions and culture to Tribal Judges as a guide in applying tribal law. [2008 Code § 2.2.3; Res. 1999-17]