25 Cfr 11.205-209

§ 11.205

25 CFR Ch. I (4–1–08 Edition)

court has jurisdiction, the superintendent shall appoint a prosecutor
for each Court of Indian Offenses within his or her jurisdiction.

case and in the proper treatment of individual offenders.

§ 11.205 Standards governing appearance of attorneys and lay counselors.
(a) No defendant in a criminal proceeding shall be denied the right to
counsel.
(b) The chief magistrate shall prescribe in writing standards governing
the admission and practice in the
Court of Indian Offenses of professional
attorneys and lay counselors.

(a) Any Court of Indian Offenses may
make
application
to
the
superintendent who administers the individual Indian money account of a defendant who has failed to satisfy a
money judgment from the court to obtain payment of the judgment from
funds in the defendant’s account. The
court shall certify the record of the
case to the superintendent. If the superintendent so directs, the disbursing
agent shall pay over to the injured
party the amount of the judgment or
such lesser amount as may be specified
by the superintendent.
(b) A judgment of a Court of Indian
Offenses shall be considered a lawful
debt in all proceedings held by the Department of the Interior or by a Court
of Indian Offenses to distribute decedents’ estates.

§ 11.208 Payment of judgments from
individual Indian money accounts.

rfrederick on PROD1PC67 with CFR

§ 11.206 Court records.
(a) Each Court of Indian Offenses
shall keep a record of all proceedings of
the court containing the title of the
case, the names of the parties, the
complaint, all pleadings, the names
and addresses of all witnesses, the date
of any hearing or trial, the name of
any magistrate conducting such hearing or trial, the findings of the court or
jury, the judgment and any other information the court determines is important to the case.
(b) The record in each case shall be
available for inspection by the parties
to the case.
(c) Except for cases in which a juvenile is a party or the subject of a proceeding, and for cases whose records
have been sealed by the court, all case
records shall be available for inspection by the public.
(d) Such court records are part of the
records of the BIA agency having jurisdiction over the Indian country where
the Court of Indian Offenses is located
and shall be protected in accordance
with 44 U.S.C. 3102.

§ 11.209

Disposition of fines.

All money fines imposed for the commission of an offense shall be in the nature of an assessment for the payment
of designated court expenses. The fines
assessed shall be paid over by the clerk
of the court to the disbursing agent of
the reservation for deposit as a ‘‘special deposit, court funds’’ to the disbursing agent’s official credit in the
Treasury of the United States. The disbursing agent shall withdraw such
funds, in accordance with existing regulations, upon order of the clerk of the
court signed by a judge of the court for
the payment of specified expenses. The
disbursing agent and the clerk of the
court shall keep an account of all such
deposits and withdrawals available for
public inspection.

§ 11.207 Cooperation by Bureau of Indian Affairs Employees.
(a) No employee of the BIA may obstruct, interfere with, or control the
functions of any Court of Indian Offenses, or influence such functions in
any manner except as permitted by
Federal statutes or the regulations in
this part or in response to a request for
advice or information from the court.
(b) Employees of the BIA shall assist
the court, upon its request, in the preparation and presentation of facts in the

Subpart C—Criminal Procedure
§ 11.300

Complaints.

(a) A complaint is a written statement of the essential facts charging
that a named individual(s) has committed a particular offense. All criminal prosecutions shall be initiated by a
complaint filed with the court by a law
enforcement officer and sworn to by a

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