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(a) Not Guilty. A plea of not guilty puts in issue every element of the charged offense, and the case shall proceed according to the case management schedule. A defendant pleading not guilty must inform the judge at the time of arraignment if a jury trial is requested.

(b) Guilty. A plea of guilty may be accepted by a judge only after due consideration of the views of the parties and interest of the Tribes in the effective administration of justice. The Court may not accept a plea of guilty without first determining:

(1) That the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.

(2) That the defendant understands the following:

(A) The nature of the charge for which the plea is offered, any mandatory minimum penalty, the maximum penalty, and, when applicable, that the Court may require the defendant to make restitution to the victim; and

(B) The defendant will be giving up his or her right to a trial and right to remain silent;

(C) That if the defendant pleads guilty in fulfillment of a plea agreement, the Court is not required to accept the terms of the agreement, specifically sentencing, and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted;

(D) That, in charges for which imprisonment is a possible penalty, there is a factual basis for the plea; and

(E) If a defendant voluntarily enters a plea of guilty, the judge may impose a sentence at that time or, on the Court’s own motion or the request of either party, schedule a sentencing hearing in order to allow sufficient time for the involved parties to obtain any information deemed necessary for the imposition of a just sentence.

(c) No Contest. A no contest plea differs from a plea of guilty only in that the defendant need not make an admission of guilt but accepts an entry of conviction.

(d) Guilty or No Contest Reserving Right to Appeal. With the approval of the Court and the consent of the Tribal Prosecutor, a defendant may enter a plea of guilty or no contest, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the defendant must be allowed to withdraw the plea.

(e) Plea Negotiations and Recommendations. A Tribal Prosecutor and counsel for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense or to a lesser or related offense, the Tribal Prosecutor will do one of the following:

(1) Move for dismissal of other charges; or

(2) Make a recommendation, or agree not to oppose the defendant’s request, for a particular sentence, with the understanding that the recommendation or request may not be binding on the Court; or

(3) Reduce the charges.

(f) Plea Bargain Agreements. A plea bargain agreement may be entered into any time prior to a verdict or finding of guilt by judge or jury. If a plea agreement has been reached by the parties, the Court shall, on the record, require a disclosure of the agreement in open court at the time the plea is offered. [Ord. 81, amended, 1/6/2023; Ord. 63, adopted, 12/6/2019.]