50.01.040 Duties of the Tribal Prosecutor's Office

The Tribal Prosecutor shall:

(a) Attend the court and conduct on behalf of the Tribe all prosecutions for public offenses in accordance with the various Titles of the Turtle Mountain Tribal Code creating criminal and civil offenses;

(b) Institute proceedings before Judges and Magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the Prosecutor's Office has information that such offenses have been committed;

(c) Attend court in cases of arrests when required by the Court in cases of assault and battery and theft as authorized by Tribal Law;

(d) Attend before, and give advice to, the grand jury whenever cases are presented to it for consideration.

(e) Draw all complaints, indictments and information;

(f) Prosecute all bonds forfeited in the courts of record of the Tribe and prosecute all

actions for the recovery of debts, fines, penalties, and forfeitures accruing to the Tribe for crimes and forfeitures of the criminal court;

(g) Receive cost and pay costs on behalf of the Prosecutor's Office;

(h) Deliver duplicate receipts for money or property received in the Prosecutor's Office official capacity and file copies thereof with the Finance Office of the Tribe and pay over such monies received;

(i) Keep a register of all official business in which must be entered a note of each action, whether civil or criminal, prosecuted officially, and of the proceedings therein;

(j) Commence and file civil forfeiture actions in furtherance of the Forfeiture Act of 2017;

(k) Institute an action in the name of the Tribe to recover any bond or bail which has been forfeited by the Court;

(l) Executed destruction of evidence orders upon completion of such cases associated with the evidence;

(m) Executed receipt of monies received by Law Enforcement in matter involving monetary or chattel;

(n) Assist in the drafting of any necessary warrants for evidence and arrest;

(o) Review proposed charges and issue declination of charging decisions when necessary and proper to serve the interests of justice;

(p) Maintain logs and records associated with criminal and civil records in furtherance of the Public Records Act of 2018;

(q) Draft necessary pleadings and motions in furtherance of the execution of this title; and

(r) Protect the evidence and secrecy of matters in conformance with to the Public Records Act of 2018.