Judicial Ethics
as a Foundation of
Justice & Sovereignty
What we’ll do today:
Explore how the unique role of a tribal judge
and tribal court can help you:
• Make ethical choices without a written code
using existing values and principles,
• Decide whether to create a written code of
ethics, and
• Consider the tribal principles that should be
in a written code if you choose to create one
Starting at the beginning:
What is the purpose of the tribal
court?
“Tribal courts are important to
community and to nation building.
They’re mechanisms to promote
peace.”
-Chief Judge Joseph Flies-Away, Hualapai
Nation
Incorporating Tradition &
Custom
Tribal courts that reflect & incorporate
tribal values and traditions support
sovereignty and establish community.
What are
those values? • Relationship
• Reintegration
• Healing
• Respect
• Harmony & balance
• Patience
• Dignity
• Spirituality
“People do the
worst things
when they have
no ties to
people.”
Chief Judge
Flies-Away
How do
judges
incorporate
tribal
values into
their work?
Values
Ethics
Justice
With those values in mind,
let’s first think about the
role of the judge in a tribal
justice system.
What do all Judges do?
What is unique to the role of a tribal
judge?
How can tribal
judicial/court ethics ensure
that tribal values are the
basis of tribal court
practices and judicial
conduct?
What is Ethics?
The branch of philosophy that involves
systematizing, defending, and
recommending concepts of right and
wrong conduct. The term ethics comes
from the Ancient Greek word ethikos,
which is derived from the word ethos
(habit, “custom”). Wikipedia
Principles & Values
Guiding Principles
• Fairness
• Impartiality
• Integrity
• Diligence
• Patience
• Competence
• Independence
Traditional/Native Values
• Respect for each other
• Respect for tradition &
culture
• Respect of land, animals
Why is a Code of Ethics
important?
• Sets minimum standards for judges and
court staff
• Defines acceptable behavior
• Promotes high standards
• Creates an increased level of public
confidence and trust
• Reaffirms tribal values and ideas about
justice
Why is a Code of Ethics
important? (continued)
• Serves as a guide and reference for
day-to-day decision-making
• Clarifies an organization’s mission,
values and principles, links them with
standards of professional conduct
• Serves as an open disclosure of the way
an organization (the Court) operates
Reasons tribes may not want
a Written Code of Judicial
Ethics:
Examples of Provisions from
Tribal Codes of Ethics
A Navajo Nation Judge shall
promote Navajo Justice.
A Navajo judge should decide and rule
between the Four Sacred Mountains. . .
[J]udges, as Navajos, should apply Navajo
concepts and procedures of justice,
including the principles of maintaining
harmony, establishing order, respecting
freedom, and talking things out in free
discussion.
Considerations for Navajo
Judges in applying this Canon
• Harmony
• Order
• Judicial Attitudes
• Equality (not
coercion)
• Humility
• Fair Play
• Leadership and
Guidance
• Restitution
Guiding Principles of Mashpee-
Wampanoag Peacemaker Court
• Harmony
• Non-Coercion
• Community Health
• Sacred Restorative Justice
Oneida Canon 2
A Judge shall hear and decide all matters
assigned to the Judge, except when
disqualification is necessary or where a
substitution is requested and granted.
Ka>nikuhliyó–the openness of the good spirit and
mind.
-From the Philosophies of the Good Mind, as
expressed by Onayoteaká
One of the most fundamental values of the Oneida
People is Ka>nikuhliyó, which is also a critical
quality for a decision maker. Judges must have an
open mind and good spirit so that they can make
the right decisions, based on the right information.
This Canon establishes Rules to help ensure that a
Judge makes decisions with an open mind and good
spirit.
Commentary to Canon 2:
linking core value to current
rule re disqualification
Although there are often situations where only the
Judge would be able to know whether he or she
could hear a matter with a good spirit and open
mind, the following Rules also identify many
situations where a Judge would be required to
withdraw, in order to preserve the public
perception of the Judiciary - to ensure the
Community remains confident in the
Ka>nikuhliyó of the decision maker, and
therefore, in the decision issued by that decision
maker.
Commentary to Canon 2
If ethics = core beliefs about
right & wrong,
How do judges and court staff get
into ethical trouble?
Common Complaints about
Tribal Courts that raise
ethical dilemmas
(valid or not. . . )
Scenario 1
Scenario 2
Scenario 3
Scenario 4
Scenario 5
For Examples of Tribal Judicial
Codes of Ethics
• http://www.judges.org/wp-
content/uploads/ntjc_samplecode.pdf
• http://www.navajocourts.org/Policies/Co
deJudicialConduct.htm
• http://www.whiteearth.com/data/upfiles
/files/JudicialCode.pdf
• http://kawnation.com/?page_id=2839
• http://www.mwtribejudicial.com/content
/pages/45/Code-of-Judicial-Conduct.pdf
More Examples
• http://www.mwtribejudicial.com/peace-
makers
• https://oneida-
nsn.gov/uploadedFiles/wwwroot/Governm
ent/Laws,_Policies,_Resolutions/Oneida_R
egister/Code_of_Laws/Canons.pdf
• http://www.oneidanation.org/uploadedFil
es/Judical%20Code%20Chpt%20Five%20-
%20updated%2006-07-04.pdf
For More Information
• National Tribal Judicial Center at the
National Judicial College,
http://www.judges.org/ntjc/courses/
Our Contact Information
Honorable Renee Torres
Chief Judge
Pueblo of Zia
135 Capital Square Dr.,
Zia Pueblo, NM 87053
(505) 867-3304, Ext 232
Beth A. Gillia
Director, Corinne Wolfe
Children’s Law Center
UNM School of Law
505-277-0710
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