Frequently Asked Questions

A civil action is commenced by the filing of a complaint. Parties are required to pay a filing fee.  Complaints may be accompanied by a request that the plaintiff is incapable of paying the filing fee.

No.  It is advisable to get assistance of an attorney who is familiar with tribal law.  The judges and court clerks cannot help parties present cases or act as advocates.  The Clerk of the Court or Tribal Court Administrator shall not give legal advice or represent any before the Klamath Tribal Courts while employed by the Court. 

The Clerk of Court does provide forms and instructions which are located on the tribal website.  

If want legal assistance, the Oregon State Bar (503.620.0222) provides a lawyer referral service.  The Native American Program Legal Aid Services (NAPOLS) (503.223.9483) and attorney’s that are admitted to the tribal court bar are also possible options.

Tribal law does provide for representation by Lay Advocates.

If you have an open, active case, file a motion to present new information or ask the judge a question.  If you want to open a new civil case, file a petition with the court.

A lay advocate in the Tribal Court is someone who represents or provides advise to a party to a case in accordance with the laws of the Klamath Tribes, but who is not a licensed attorney.

• An individual shall submit a sworn statement stating that they have:
• Read and are familiar with the Klamath Tribes Tribal Court Ordinance;
• Read the code pertaining to lay advocates;
• Not been disciplined by the Tribal Courts or the courts of any jurisdiction within the past five (5) years; and 
• Shall pass the Klamath Tribal Bar Examination and pay an annual fee of $25.00

If you fail to appear for a court matter, an order or a judgment may be entered against you on the underlying matter.  

• Tribal law first requires the filing of a Petition for Certification of Eligibility to Adopt a Klamath Tribal Child and a Certification Application with the required fee.  The Court process then follows the following procedures:

The Klamath Tribes Social Service Department will conduct an adoptive certification investigation;

Depending on the outcome of Social Services Departments report, the Petitioner(s) will be provided court forms - “Petition for Adoption” and Parental Consent. The forms shall then be submitted to the Social Services Department along with the Order directing the Social Services Department to conduct a pre-adoptive investigation on the child(ren); and

The Court will set a hearing.

• A petitioner must file a Petition for Legal Guardianship and Consent of Parent to Guardianship of a Minor Child with the required fee; 

The Klamath Tribes Social Service Department will conduct a Home Study, which shall be submitted to the Court ; and

The court will schedule a hearing.

No, the Clerk of the Court or Tribal Court Administrator shall not give legal advice or represent any before the Klamath Tribal Courts while employed by the Court. 

11.32 KTC Title 2 Ch.11 (d). Other referral resources for your questions are the following:

Henkels Law, LLC: (541)-270-6001 (The first call is free)
Diane Henkels
Jarrett Wheeler

For Landlord/Tennant matters: 1-800-546-9483 or (503) 223-9483
NAPOLS (Native American Program Legal Aid Services of Oregon)
Rayven Settler: Legal Assistant
Gabriel Moses: Attorney

Hobbs, Straus, Dean, & Walker, LLC: (503) 242-1745
Edmond Clay Goodman
Stephan Osborne

Yes.

First, the Petitioner(s) must submit the Petition for Certification of Eligibility to Adopt a Klamath Tribal Child and fill out the Certification Application. Fill out a petition and application, submit to Klamath Tribal Court along with the fee.

Court process: 

The Court Clerk will assign the case number and submit the petition and application to the Chief Judge. Chief Judge Orders the Klamath Tribes Social Service Department to conduct an adoptive certification investigation. The Social Services Department shall have ninety (90) to complete the report and return to the Court. The Social Services Department and all parties shall receive copies.

Depending on the outcome of the Social Services Departments report, the Petitioner(s) will be given the “Petition for Adoption” form and the consent from the natural parent form. The forms shall be submitted to the Social Services Department along with the Order directing the Social Services Department to conduct a pre-adoptive investigation on the child(ren). The Social Services Department shall submit the report within two months.

Next, a hearing will be set.

For more information go to: Klamath Tribal Code Juvenile Ordinance Title 2 Ch 15.53

First, the petitioner(s) will be given a Petition for Legal Guardianship and Consents of Parent to Guardianship of a Minor Child forms. The petitioner(s) shall fill out the forms and submit to Klamath Tribal Court along with the fee. The Clerk will assign the case number, scan completed documents to the Chief Judge.

Chief Judge Orders the Klamath Tribes Social Service Department to conduct a Home Study, which shall be submitted to the Court within twenty (20) days of the Order. All parties shall receive copies.

Next, a hearing will be set.

When the guardianship has been established, the petitioner(s) shall submit a Guardians Report annually.

For more information go to: Klamath Tribal Code Juvenile Ordinance Title 2 15.56