The Torres Martinez Tribe, according to its Constitution, Article XXII, Sec. 3, uses an Intertribal Court.

Intertribal Court of Southern California

INTER-GOVERNMENTAL AGREEMENT
In accordance with the TM Constitution, Article XXII, § 3

Chapt. 5 - Attorneys & Lay Couselors

Sec. 501 Qualifications for Admission as Attorney or Lay Counselor

Sec. 502 Attorney

No person may practice as an attorney before the ICSC or the Court of Appeals unless he/she is admitted to practice, is enrolled as an attorney of the ICSC, and has received written approval from the Chief Judge. To be eligible to practice as an attorney before the ICSC, a person:

(a) Must be a member of a state of federal court bar in good standing.

(b) Must be knowledgeable of the ICSC’s Rules of Court and procedure, and Tribal and Federal Indian Law.

(c) Must be of high moral character and integrity. The Chief Judge may make inquiries as to the attorney’s qualifications before admitting the attorney. Each individual wishing to be admitted to practice before the ICSC must be recommended by an individual already admitted. This requirement will take effect once twenty (20) individuals have been admitted to practice before the ICSC and the Court of Appeals.

Sec. 503 Lay Counselors

To be eligible to serve as a lay counselor before the ICSC, a person:

(a) Must be at least twenty-one (21) years of age.

(b) Must be of high moral character and integrity.

(c) Must have knowledge of the ICSC Rules of Court and Procedures, and of tribal Law, and Federal Indian Law.

(d) Must be a high school graduate or equivalent.

(e) Must never have been convicted of a felony.

Sec. 504 Roll of Attorneys and Lay Counselors

The Court Clerk shall maintain a roll of attorneys and lay counselors that have been admitted to practice before the ICSC.

Sec. 505 Disbarment and Suspension

  • PART A - Disbarment

The ICSC may disbar an attorney or lay counselor from practicing before the Court or suspend the attorney for such time as the Court deems appropriate, pursuant to rules adopted by the Court, provided that the Court provides the attorney or lay counselor with reasonable notice of the charges against her/him and an opportunity to respond to the charges.

  • PART B - Appeals from ICSC Action

Any person who is disbarred or suspended by the ICSC may appeal that determination to the Court of Appeals within fifteen (15) days from the disbarment or suspension. The Court of Appeals shall request a statement detailing the reasons for the disbarment or suspension from the Chief Judge of the ICSC. After receiving the statement, the Court of Appeals shall review the record before the Trial Court and may, in its discretion, hold oral arguments for the Applicant. The Court of Appeals shall ultimately determine whether the Applicant will be disbarred or suspended from practicing before the ICSC and the Court of Appeals. The Court of Appeals determination is final.

  • PART C - Appeals from Judicial Action

Any person who is disbarred or suspended by a Judge of the Court of Appeals may appeal that determination to the Court of Appeals within (15) days of the disbarment or suspension. The Judge responsible for ordering the disbarment or suspension shall recuse himself and may not take part in the appeal. The Court of Appeals shall request a statement detailing the reasons for the disbarment or suspension from the Judge who ordered the disbarment or suspension. After receiving the statement, the Court of Appeals shall review the record and may, in its discretion, hold an oral argument for the Applicant. The Court of Appeals shall ultimately determine whether the Applicant will be disbarred or suspended from practicing before the ICSC and the Court of Appeals. The Court of Appeals determination is final.

  • PART D - Re-application

Any person who has been disbarred or suspended from practicing before the ICSC or the Court of Appeals may reapply for admission one (1) year from the date of disbarment or suspension. The person must submit a statement listing the reasons for their disbarment or suspension, and their reasons why they should be readmitted. After receiving these statements, the TJCSC shall determine whether there is good cause to readmit the person to practice before the Court. If the applicant for readmission is denied, the applicant may appeal such decision in writing to the Court of Appeals within ten (10) days from receipt of such denial. The decision of the Court of Appeals shall be final.