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This section establishes the position of Tribal Court Clerk.

(a) Appointment, Salary, and Discharge.

(1) The Tribal Court Clerk shall be appointed by the Tribal Council. The Tribal Council may appoint assistants for the Clerk. The Tribal Council shall prescribe the salaries of the Tribal Court Clerk and any assistants which shall be paid by the Tribal Government. Any person serving as Clerk or Assistant Clerk may be discharged from that position pursuant to a majority vote of the Tribal Council.

(2) Whenever the formal designation “Clerk” or “Court Clerk” or “Tribal Court Clerk” appears in this Judicial Code, such designation shall also refer to the Court Administrator. Any references to Clerk or Court Clerk or Tribal Court Clerk also refer to the Court Administrator. The terms Court Clerk and Court Administrator shall be interchangeable in the Tribal Government of St. Paul Island Judicial Code.

(b) Duties.

(1) The Clerk shall be responsible for the administration of the Tribal Court, and for such other administrative and ministerial duties as may be prescribed by code or assigned to her/him by the Tribal Council or the Senior Judge. The duties of the Clerk shall include but shall not be limited to the following:

(i) Maintaining records of all Tribal Court proceedings to include identification of the title and nature of all cases, the names of the parties, the substance of the complaints, the names and addresses of all witnesses, the dates of hearings and trials, names and addresses of all parties and witnesses appearing at all hearings and tribunals, and all Tribal Court rulings and jury decisions, findings, orders and judgments, and any other facts or circumstances decided by the Judges of the Tribal Court or deemed of importance by the Court Clerk.

(ii) Maintaining all pleadings, documents, and other materials filed with the Tribal Court.

(iii) Maintaining all evidentiary materials, transcripts, and records of testimony filed with the Tribal Court.

(iv) Establishing and administering a trust account into which all fines, fees, and other monies taken into custody by the Tribal Court shall be deposited. Funds in this trust account shall be used only for expenses incurred by the Tribal Court, at the discretion of the Court Clerk with the approval of the Senior Judge.

(v) Collecting and accounting for fines, fees, and other monies and properties taken into custody by the Tribal Court, and depositing them into the trust account.

(vi) Preparing and serving notices, summons, subpoenas, warrants, rulings, findings, opinions, and orders as prescribed by this code and as may be designated by the Judges of the Tribal Court.

(vii) Assisting persons in the completion of forms for Tribal Court proceedings; provided, however, the Clerk and her/his assistants shall not give advice on questions of law, nor shall they appear for or act on behalf of any person in any Tribal Court proceeding.

(viii) Administering oaths and witnessing executions of documents.

(ix) Maintaining a supply of blank forms to be prescribed by the Tribal Court for use by all persons having business before the Tribal Court.

(x) Providing copies of documents in Tribal Court files to other persons upon request, and upon receipt of a charge therefor to be prescribed by the Clerk to cover the costs of such services; provided, however, there shall be no charge for such service to the Judges of the Tribal Court; and provided further, no copies of documents or material shall be provided from files which are to be kept confidential or unavailable for public inspection pursuant to any provision of this code or other ordinance of the Tribal Council, or if prohibited by any Court order.

(xi) Providing security for all files, documents, and materials filed with or in the custody of the Tribal Court, and insuring that they are not removed from the offices of the Clerk and the Tribal Courts except upon the specific instructions of a Judge of the Tribal Court.

(xii) Maintaining a library of laws, regulations, orders, opinions, and decisions of the United States and its administrative agencies and courts, the Tribal Council of the Tribal Government of St. Paul Island, and the St. Paul Island Tribal Court and of the various states, insofar as they may be pertinent to the administration of justice for the Aleut Community of St. Paul Island. The acquisition of such materials shall be subject to appropriations of funds therefor by the Tribal Council. Materials in the library shall be available for use in the office of the Clerk during normal working hours by any person subject to the jurisdiction of the Tribal Court, and her/his authorized representative.

(xiii) Performing such other duties related to the operation of the Tribal Court, other than those specifically performed by a Judge.

(c) Oath of Confidentiality, Fairness, and Impartiality. The following oath of office shall be taken by all employees of the Tribal Court. The oath shall be administered by the Senior Judge.

I ___________________ , do solemnly swear and affirm that I will not discuss the proceedings of any case before the St. Paul Island Tribal Court outside of the chambers of the Tribal Courtroom. I shall maintain respect due the St. Paul Island Tribal Court by striving for fairness and impartiality in the Tribal Court proceedings or other activities that come before me. I understand that violation of this oath may subject me to removal from office under the Tribal Code, subject to termination from employment as a Tribal employee, and/or subject to Contempt of the Court Citation by the Tribal Court with such remedies that the Tribal Court may apply to me.

[2008 Code § 2.2.4; Res. 1999-17]