Little Creek Court Procedures
Official legal processes and judicial guidelines for Little Creek County
Introduction to Little Creek Court System
January 1899 - Establishing Justice in Our County
🏛️ The Foundation of Justice
A system of laws is the cornerstone for a civilized society as it reflects the social construct and set of defined behaviors that the majority prefers. Laws and judicious behavior is no good unless it is enforced, and for that, there needs to be a system to accompany those laws that provides fair and speedy trials and procedures. The importance of this wasn't lost on our founding fathers, which is why it was one of the basic rights included in the Constitution.
A well-documented and disciplined judicial process provides for the just determination of every criminal and civil proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay, all while protecting the rights of all parties involved.
The processes and doctrine outlined herein represent best practices as refined by the United States and other civilized societies, and are in keeping with the rights and legalities of our Constitution and legal system. There may be times that this process can be streamlined or altered to fit the nature of the crime, preponderance of evidence, or the willingness of the parties involved to reach an out of court settlement (civil cases) or plea deal (criminal cases).
🎯 Our Judicial Mission
The goal is to always attempt to take the path most appropriate to the circumstances while keeping in mind the rights of all parties to the disposition of justice and fairness.
📚 Application of Laws and Historical Precedent
The County of Little Creek follows all applicable United States Code, Constitutional Law, and court precedents as of the in-county date. Additional precedent may be set by court cases seen in Little Creek, or decree by the Little Creek Government. The judge is the final authority on interpretation of applicability and allowance for the purpose of court.
Key Players in the Judicial System
Understanding the roles and responsibilities in Little Creek courts
Lawyer
A lawyer is a person who is educated and trained to practice law. ALL CITIZENS have the right to self-representation in court, however, only a person that has taken and passed the Little Creek BAR Exam may do things such as represent someone in court, file Tribal Sovereignty Agreement, certify contracts, and be appointed as executors of estates in the case of wills.
Judge
The judge falls under the judicial branch and is a neutral party that decides, based on the evidence in front of them, which party in a case has a legally-substantiated case. The judge is also the final say on the presence of probable cause for an arrest or search warrant. Judges are charged with interpretation of laws and are the final decider on any cases presented to them.
Attorney General
The AG is the head of the Department of Justice and is charged with oversight of the prosecution of crimes and enforcement of law. The AG or their appointees, represents the government as prosecution in criminal matters, and as defense in the case of civil suits brought against Government employees.
District Attorney/Assistant District Attorney
A member of the DOJ that works under the AG to prepare and represent cases. The Attorney General also is empowered with prosecutorial discretion, which means that they have the ultimate authority in choosing which crime they want to charge an individual with based on what they can prove and based on what they feel is most appropriate to the situation or case at hand.
⚖️ Judge's Additional Role
Judges can also be used to provide alternative dispute resolution to both parties in the case that a civil dispute can not be resolved but the parties do not want to go to court.
Practicing Law in Little Creek
Requirements and ethical standards for legal professionals
📋 Requirements to Practice Law
In order to practice law in Little Creek, you must:
- Not have a conviction of ANY crime in the last 30 days
- Not have any record of a Capital offense
- Not have any conviction of PC 501, 504, 506, 507, or 508 in the last 90 days
- Have taken and passed the BAR exam with the DOJ
- Understand that unethical practices or the conviction of any of the above crimes may result in loss of license
📜 Attorney's Oath of Ethics
A lawyer shall not…
- Be complicit in the escape or aversion of a criminal from the law
- Protect the promise of attorney-client privilege
- Abuse their position for malice or ill-gotten financial gain
- Accept no bribe or promise of personal gain that would influence their performance of their duties
- Always perform their duties to the utmost of their abilities
💰 Fees and Dues
- BAR Exam: $500.00
- Monthly BAR Association Dues: $200.00, 15th each month for each month after license issuance
- Note: Lawyers serving with the Department of Justice are exempt from these fees
Civil Processes
Legal procedures for non-criminal matters in Little Creek
💍 Marriages
- A marriage ceremony can be performed by anyone the couple wishes
- A marriage certificate must be presented at the court stating who performed the ceremony, where and when it was, and cite at least two witnesses to the wedding
- Name changes can not occur for the purpose of marriage unless it has been filed in court
- Couples can also opt to have a Judge conduct the ceremony in the courtroom and all filings will be done immediately
- Final filing with the court must be done at the courthouse in Blackwater during designated office hours
- Must be filed with a Judge or the Attorney General
💔 Divorces
- A divorce decree must be filed through a lawyer in order to dissolve a marriage
- If no dispute is made to the divorce by either parties or the parties do not intend to divide goods, no court appearance is necessary by the parties (only the filing lawyer)
- A name change will be made as part of the filing cost upon completion of the divorce
- Name will only be changed to maiden/prior name
- Final filing with the court must be done at the courthouse in Blackwater during designated office hours
- Must be filed with a Judge if disputing
👨👩👧👦 Adoptions/Name-changes
- Adoptions and name-changes for reasons other than marriage or divorce must be protested in court and are subject to fees
- If the name change is for a family adoption, the adopting party or parties and the adoptee must be present
- For just name changes, the protesting party must appear before the judge with a lawyer
- Final filing with the court must be done at the courthouse in Blackwater during designated office hours
- Must be filed with a Judge or the Attorney General
📝 Other Civil Processes
Contract Filings
Business contracts and other legal agreements can be filed with the court either by presentation of both parties in Blackwater during the designated hours, or, by filing the complete document by a lawyer. Must be filed with a Judge or the Attorney General/DA by an attorney.
Property Records
Property record inquiries can be made at the courthouse in Blackwater during designated office hours. Must be filed with a Judge or the Attorney General/DA.
Legal Distillery License
These licenses can be obtained by doctors or the owner of a saloon. These distilleries can NOT be used for the production or storage of contraband, and must be available for random inspections. Requests can be made at the courthouse in Blackwater during designated office hours. Must be filed with the Attorney General or a District Attorney.
Civil Suits
Due to the length of trials, all civil suits must be scheduled with the judge. Civil suits are often filed for wrongful arrests, harm through negligence or injury, breach of contract, deceptive business, or fraud.
For a civil suit to be valid, the plaintiff must:
- Be able to assert damages done through proof of evidence and testimony
- Quantify the damage through a "sum certain" aka a specific dollar figure or quantity of relief sought
- Agree to be bound by the judgment made
All witnesses and evidence being brought forward must be disclosed and made available to both parties, at least 24 hrs before the scheduled date. No new evidence or testimony may be made after this discovery window unless agreed upon by both parties. Jury trials are NOT available for civil cases. Civil suit results may NOT be appealed. Must be filed with a Judge.
💰 Civil Processes Fees
| Service | Fee |
|---|---|
| Marriage certifications | $850.00 |
| Divorce Decrees (without arbitration) | $1,000.00 |
| Divorce Decree with disputed parties | $1,500.00 |
| Property Record Inquiry | $500.00 |
| Legal Distillery License | $4,000.00 |
| Contract Filing | $50.00 |
| Name Changes | $1,500.00 |
| Court Filing | $2,500.00 |
| Civil Suits | $700.00 (payable by plaintiff however can be included in cost of settlement) |
Criminal Processes
Legal procedures for criminal matters and trials
🔒 Arrests and Appeals
- An arrest or detainment in itself is not an admission of guilt
- Those arrested may agree to do the fine/time to speed the process along and file an appeal afterwards
- Appeals found to be valid will result in repayment of fine, compensation for time served, and expungement of that charge
- Appeals must be filed with the court NO LATER than 96 hours after the arrest
- Appeals must be filed with the judge that was initially assigned to the case, signed the warrant, or issued the punishment
⚖️ Defense Lawyer Access
Defense lawyers are allowed access to talk with their clients in private, in the jail, but MUST be searched before going into the PD and can not go into the cell with their client. Lawyers may negotiate for lower charges, to include freeing of their clients, however they may NOT just sit there and argue or berate the lawmen.
📋 Warrants
A warrant for arrest or search can only be made by law enforcement, through the DOJ, and must be signed by a judge to be valid. An announcement of a valid search or arrest warrant must be made and the parties named must comply with the warrant or face additional criminal charges.
🤝 Plea Deals
Plea deals can be made by the Judge, Attorney General or District Attorneys in order to negotiate for lower times and fines. By accepting a plea deal, the parties involved are agreeing to an admission of guilt, and thus it can not be contested or appealed at a later date. Must be filed with the Attorney General or a District Attorney.
⚖️ Court Criminal Trial
- For all cases that require a trial, suspects will be held at Sisika until trial
- Trials can not be scheduled earlier than 72 hrs after the request to allow all parties to prepare their cases
- Trial scheduling must be agreed upon by both parties (prosecution and defense)
- A judge will be assigned based on availability and area of expertise and may NOT be disputed unless either party is able to prove beyond a reasonable doubt that the judge has impaired judgment based on personal or financial conflicts of interest
👥 Trial by Jury Requirements
If a trial by jury is elected, it must meet the following requirements:
- Jury size of 3 people
- Potential jurors based on volunteers and then interviewed, selected
- 5 day minimum for trial scheduling
- Only for cases where the death penalty is in play
📄 Expungement
An expungement is a request by a civilian to have certain items of their criminal record cleared on the basis of either the isolated nature of the crime, or their proven commitment to not being involved in crime. Citizens, or their counsel, that are seeking an expungement must have been free of the commission of any crime for 30 days and must appear before the judge to argue the case as to why they feel an expungement is warranted. Must be filed with a Judge.
💰 Criminal Process Fees
- No cost for criminal trials
- Appeals: $1000.00, 100% reimbursed if found in favor of the accused, along with $30.00 for every month served and repayment of fines charged
- Expungements: $2,000.00