Chapter 3 - Band Member Legal Services

Section

901. Definitions.
902. Band Member Legal Services.
903. Number and Appointment of Directors.
904. Removal of Directors.
905. Qualifications of Directors.
906. Term of Office.
907. Duties of the Board.
908. Managing Attorney of Band Member Legal Services.
909. Duties of the Managing Attorney of Band Member Legal Services.
910. Service Area of Band Member Legal Services.
911. Limitations on Representation by Band Member Legal Services.
912. Declination and Termination of Representation.

§ 901. Definitions.

The following terms are defined for the purposes of this chapter:

  • (a) “Board” means the board of directors of Band Member Legal Services.

  • (b) “Director” means a member of the board.

  • (c) “Drug crime” means any federal crime involving the possession or sale of illicit drugs, a state first or second-degree controlled substance crime, or any other crime for the sale of an illicit drug.

  • (d) “Good cause” means any reason set forth in the personnel policy manual established under 6 MLBS § 1 or any reason recognized under the common law.

  • (e) “Indigent defense services” means legal representation provided to those individuals who qualify to receive legal representation, whether free or otherwise, under the standards promulgated by the board.

  • (f) “Tribal public defender” means an attorney employed by or contracted with Band Member Legal Services for the purpose of providing indigent defense services.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 902. Band Member Legal Services.

Band Member Legal Services shall be an independent entity established to provide indigent defense services to Band members, whose funding shall be provided by appropriations by the Band Assembly and, to the extent possible, by charitable or grant funds provided by outside entities. Band Member Legal Services shall be under the administrative control of the board.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 903. Number and Appointment of Directors.

The board shall consist of five (5) directors, who shall be appointed as follows:

  • (a) one (1) director appointed by the District I Representative;

  • (b) one (1) director appointed by the District II Representative;

  • (c) one (1) director appointed by the District III Representative;

  • (d) one (1) director appointed by the Chief Executive; and

  • (e) one (1) director appointed by the Chief Justice.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 904. Removal of Directors.

Directors may be removed for good cause by the individual by whom the director was appointed to the board. A vacancy caused by removal or for any other reason shall be filled in a timely manner by the relevant appointing individual as identified under § 903.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 905. Qualifications of Directors.

Directors must be attorneys licensed to practice law in the State of Minnesota, under the laws of the Band, or both. Directors shall remain in good standing with the bar of the relevant jurisdiction or jurisdictions during their term.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 906. Term of Office.

  • (a) Initially, the directors appointed under § 903(a) and (b) shall expire on December 31 of 2021 and on this date every three (3) years hence, the term of the directors appointed under § 903(c) and (d) shall expire on December 31 of 2022 and on this date every three (3) years hence, and the term of the director appointed under § 903(e) shall expire on December 31 of 2023 and on this date every three (3) years hence.

  • (b) All directors after the initial directors shall serve three (3) year terms. The term of office for directors shall begin on January 1 of the calendar year in which the appointment was due to be made and shall end on December 31 of the final year of the director’s three (3) year term.

  • (c) Any director appointed to fill a vacancy in the board shall serve until December 31 of the year in which that position on the board would normally be filled. At that time, the term will be completed and the appointing individual shall make an appointment for a full three (3) year term in that position.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 907. Duties of the Board.

The board shall have the following duties:

  • (a) to develop standards governing the delivery of indigent defense services, including:

    • (1) standards governing eligibility for indigent defense services;

    • (2) standards for maintaining and operating regional tribal public defender officers, if any regional tribal public defender offices are established;

    • (3) standards prescribing minimum experience, training, and other qualifications for tribal public defenders;

    • (4) standards for tribal public defender caseloads;

    • (5) standards for the evaluation of tribal public defenders;

    • (6) standards for independent, competent, and efficient representation of clients whose cases present conflicts of interest; and

    • (7) such other standards as are necessary and appropriate to ensure the delivery of adequate indigent defense services;

  • (b) to establish regional tribal public defender offices, if determined to be necessary and appropriate;

  • (c) to adopt bylaws; and

  • (d) to approve and submit to the Band Assembly a biennial budget request.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 908. Managing Attorney of Band Member Legal Services.

The board shall appoint a managing attorney who must be chosen on the basis of relevant training, experience, and such other qualifications considered appropriate. The managing attorney must be an attorney licensed and eligible to practice law in the State of Minnesota or under the laws of the Band. The managing attorney shall serve a two-year term from his or her date of appointment and may be removed prior to completion of his or her term for good cause by a majority vote of the board.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 909. Duties of the Managing Attorney of Band Member Legal Services.

The managing attorney shall have the following duties:

  • (a) to attend all meetings of the board as a non-voting member;

  • (b) to assist the board in developing standards for the delivery of adequate indigent defense services;

  • (c) to administer and coordinate delivery of indigent defense services and supervise compliance with board standards;

  • (d) to recommend the establishment of regional tribal public defender offices, if determined to be necessary and appropriate;

  • (e) to conduct regular training programs for tribal public defenders;

  • (f) to hire, subject to policies and procedures established by the board, professional, technical, and support personnel, including attorneys to serve as tribal public defenders, considered reasonably necessary for the efficient delivery of indigent defense services;

  • (g) to prepare and submit to the board a proposed annual budget for the provision of indigent defense services;

  • (h) to prepare and submit to the board an annual report containing pertinent data on the operations, needs, and costs of Band Member Legal Services and any other information that the board may require;

  • (i) to adopt a personnel policy for human resources purposes, which must be approved by the board; and

  • (j) to perform other duties as assigned by the board.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 910. Service Area of Band Member Legal Services.

  • (a) General. Band Member Legal Services shall have a service area including the counties of Aitkin, Crow Wing, Hennepin, Mille Lacs, Morrison, Pine, and Ramsey.

  • (b) Child custody proceedings. Band Member Legal Services shall have a service area including all counties in Minnesota for child custody proceedings as defined by 25 U.S.C. §1903 and child protection matters as state in Title 8, Chapter 13 – Child Protection.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.
Band Act 23-23.

§ 911. Limitations on Representation by Band Member Legal Services.

  • (a) Band Member Legal Services may represent Band members in all civil matters in administrative hearings, tribal court, state court, and federal court.

  • (b) Band Member Legal Services may represent Band members in criminal matters in tribal court, state court, and federal court, provided that:

    • (1) the charge or charges do not implicate an act against another Band member;

    • (2) the representation is in accordance with any standards promulgated by the board; and

    • (3) the representation is not for a charge that constitutes a drug crime, unless it is a first-time possession offense that is a charge of second or lesser degree.

Historical and Statutory Notes

Source:
Band Ordinance 41-22.

§ 912. Declination and Termination of Representation.

  • (a) Band Member Legal Services may decline or terminate representation of a client to the extent permissible under:

    • (1) § 911 of this Chapter; or

    • (2) the Minnesota Rules of Professional Conduct.

  • (b) If Band Member Legal Services declines or terminates representation pursuant to paragraph (2) of subsection (a) of this section, the director shall, in a manner consistent with the Minnesota Rules of Professional Conduct, assign another attorney to provide representation.

Historical and Statutory Notes

Source:
Band Act 23-23.