Judical Code

Judicial Code

Chapter II: Structure of Appellate Court

Rule/Section: 201-203

Rule 201. Composition of Appellate Court.

(a) [Number of Justices] The Appellate Court shall consist of five (5) Justices. A three (3) Justice panel as provided for in these Rules, shall make Appellate Court decisions, except those on Motions. Appellate Court decisions on rehearing shall be made by the Court sitting en banc. Judicial recusal requirements shall be identical to the requirements for Tribal Court Judges enumerated in Title I, Chapter III, Section 7 of the Judicial Code.

(b) [Appointment and Term of Office] Each Justice shall be appointed by the Tribal Council and shall sit for an initial term of two years. The qualifications for Justices shall be identical to the requirements for Tribal Court Judges enumerated in Title 1, Chapter III, Section 4 of the Judicial Code. At the expiration of his or her initial term, a sitting Justice may apply to the Tribal Council for reappointment to a successive two-year term. Said application must be approved by a quorum of the Tribal Council to be accepted.

(c) [Filling Vacancies on the Court] A person appointed to fill an existing vacancy created by the death, resignation or removal of a Justice shall be appointed initially for the remaining portion of the term for which the appointment was made. Justices filling vacancies may apply to sit for additional terms of office as provided in this Rule. All terms in office begin on the date appointment takes place and expire on the anniversary of that date two (2) years later.

(d) [Removal From Office] The removal provisions set forth at Title 1, Chapter III, Section 10 of the Judicial Code shall apply to Justices of the Appellate Court.

(e) [Oath of Office] The oath of office set forth at Title 1, Chapter III, Section 9 of the Judicial Code shall apply to Justices of the Appellate Court.

Rule 202. Duties of Appellate Court.

The Prairie Island Indian Community Appellate Court, established by Title 1, Chapter I, Section 1of the Prairie Island Indian Community Judicial Code is charged with the duty of: (1) determining e the legal correctness of challenged Tribal Court action; (2) developing and clarifying the law; (3) ensuring the uniform application of the law; (4) providing recommendations to the Tribal Council and the Tribal Court judiciary regarding the improvement of the delivery of legal services to all parties seeking redress in the Prairie Island Indian Community Judicial System; and (5) Issuing all orders and writs that are necessary to fulfill its charge.

Rule 203. Funding.

The annual operating budget of the Appellate Court shall be included in the Chief Judge’s proposed Tribal Court budget. Justices shall be paid on a stipend basis in accordance with an approved budget.

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