Judical Code

Each Judge of the Tribal Court shall sit for a term of two years and shall be eligible for reappointment to successive terms of two years each. A person appointed to fill an existing vacancy created by the death, resignation, or removal for cause of a Judge shall be appointed initially only for the unexpired portion of the term for which the appointment is made, subject to eligibility for reappointment for the next full term. The first term of the initial Judges of the Tribal Court shall commence on the date on which the Code becomes effective, and those terms shall expire two years thereafter. All subsequent terms of Judges of the Tribal Court shall expire on the first day of the same month bi-annually thereafter. If the number of Associate Judges is increased pursuant to resolution, to be effective on some date other than the commencement of judicial terms as prescribed by this Code, the additional offices shall be filled by initial appointments as though they were vacancies, for the period of time prior to the commencement of the next full judicial term. Initial interim appointments shall be made pursuant to Title 3, Introduction, Section 3.

Section 3. Appointment.

All Judges of the Tribal Court shall be appointed by the Tribal Council, with the Chief Judge specifically appointed to that office.

Section 4. Qualifications.

Any person 25 years or older shall be eligible to serve as a Judge of the Tribal Court, except the following:

(a) The Clerk of Court, Assistant Clerks, and members of the Tribal Council; however, a Tribal Council member may be appointed to an interim position as set forth in Section 3 of the Introduction to the Prairie Island Mdewakanton Dakota Community Domestic Relations Title to this Code.

(b) Those who have been convicted by a court of the United States or of any State of the United States for a felony, as a felony is defined by the laws of that jurisdiction or misdemeanor within one year immediately preceding the proposed appointment.

Section 5. Children's Judge and Court.

The Associate Judge(s) in addition to general judicial duties, may serve as a Children's Court Judge. The designation of a Children's Court Judge from among the Associate Judges shall be made by the Chief Judge. An incumbent Associate Judge serving as Children's Court Judge shall not be relieved of the duties of the latter during her/his term as Associate Judge, except upon her/his request to the Chief Judge or upon her/his removal for cause from the Tribal Court. The Children's Court shall be a division of the Tribal Court but it shall conduct its functions and proceedings separately from all other functions and proceedings of the Tribal Court.

Section 6. Salary.

The Chief Judge and the Associate Judges shall be paid either a salary to be determined by the Tribal Council or pursuant to the terms of a contract approved by resolution of the Tribal Council. The salary of any Chief Judge or Associate Judge shall not be reduced during her/his term of office.

Section 7. Conflicts of Interest.

No judge shall officiate in any proceeding in which she/he has any personal interest, or in which any party, witness or counsel is related to her/him by blood or marriage, within the third degree, or in which any party, witness or counsel stands in the relationship to the Judge of ward, attorney, client, employer, employee, landlord, tenant, business associate, creditor or debtor.

Note of Amendment: This section was amended on January 5, 1995 by Community Council Resolution Number 95-1-5-3.

Section 8. Deputy Judges.

The Tribal Council may by resolution appoint additional persons as Deputy Judges of the Tribal Court, except that only members of federally-recognized Indian tribes, if other than the Prairie Island Mdewakanton Dakota Tribe, may be appointed to serve as Deputy Judges. Each appointment shall be personal and shall not create an office which survives the death, resignation or removal of the appointee. After her/his appointment, a Deputy Judge shall be responsible to the Chief Judge for the performance of such specific duties as may be assigned her/him by the Chief Judge or by resolution of the Tribal Council, and she/he shall serve until cases specifically assigned her/him have been completed, or at the pleasure of the Tribal Council, whichever shall be later.

(a) A Deputy Judge shall perform the duties and functions of a Judge of the Tribal Court as may be delegated to her/him by resolution of the Tribal Council or by the Chief Judge, subject to any restrictions or limitations prescribed by resolution of the Tribal Council or the Chief Judge, as the case may be. The findings, rulings, opinions, and orders of a Deputy Judge in matters properly submitted to her/him shall be signed "Judge of the Tribal Court" and shall have the same force and effect as if made and entered by the Chief Judge or an Associate Judge.

(b) Subject to any restrictions or limitations imposed by the Chief Judge, a Deputy Judge shall have all of the prerogatives and authority of office of an Associate Judge.

(c) The Tribal Council shall prescribe the compensation for each Deputy Judge when she/he is appointed, which may be by salary, by per diem allowance while she/he is performing judicial duties, or other appropriate formula. The rate of compensation for an individual Deputy Judge shall not be reduced during her/his period of service in that office without the approval of the Tribal Council.

(d) The eligibility of a person to serve as Deputy Judge shall be the same as that prescribed by this Code for any other Judge of the Tribal Court in addition to the qualification of Chapter III, Section 8 of this Title; the provisions of Chapter III, Section 7 shall be applicable to Deputy Judges.

(e) In any case filed in Tribal Court which involves any action of a Tribal officer or member of the Tribal Council acting in her/his official capacity, any party shall have the right and the Tribal Council shall have the option to have the matter determined by a Deputy Judge who is not an enrolled member of the Tribe or a resident of the Reservation. Under this subsection, the Deputy Judge shall be selected by the Tribal Council from a list of not fewer than three Tribal Court Judges provided by the National American Indian Court Judges' Association upon written request of the Tribal Council. Upon the appointment of such Deputy Judge, any litigant shall have the right to file an affidavit of conflict of interest against such Deputy Judge and the Tribal Council shall review such affidavit and may remove such Deputy Judge for cause provided in Chapter III, Section 7 hereof and appoint another Deputy Judge from the list of judges supplied by the National American Indian Court Judges' Association.

This sub-section shall not be deemed as a waiver of the Tribe's or any Tribal official's sovereign immunity from suit.

(f) In any appeal from the decision of a trial Judge, whether Chief, Associate, or Deputy, an Appeals Tribunal of three (3) justices may be constituted from the remaining judges, with the appointment of one (1) deputy justice to complete the panel. If the remaining judges cannot serve for any reason, including disqualification pursuant to Chapter III, Sections 7, 8(e) or 10 herein, three (3) deputy justices may be appointed. Additionally, an appeals tribunal of three (3) justices may be constituted by appointment by the Tribal Council from a list of not fewer than five Tribal Court judges provided by the National American Indian Court Judges' Association upon written request of the Tribal Council, provided, however, that no person removed as a Judge by affidavit of conflict of interest pursuant to Subsections (7) and 8(e) above shall be included on such list. A litigant shall have the right to file an affidavit of conflict of interest against justices on an Appeals Tribunal so constituted or consisting of assigned Deputy Appeals Justices as provided in Chapter III, Sections 7 and 8(e). Such justices of an Appeals Tribunal so constituted shall serve until cases specially assigned them have been completed, or at the pleasure of the Tribal Council whichever shall be later. Such justices of an Appeals Tribunal so constituted may only be removed prior to completion of assigned matters by the Tribal Council pursuant to the provisions of this Code for the removal of a judge of the Tribal Court, Section 10 of this chapter.

Section 9. Oath of Office.

Each person, prior to assuming the office of Judge or Justice of the Tribal Court, shall take the following oath before the Chairperson of the Tribal Council:

"I swear (or affirm) that I will support and defend the Constitution, By-laws, and laws of the Prairie Island Mdewakanton Dakota Community, and the Constitution of the United States, and that I will faithfully and diligently perform the duties of (Chief Judge, Associate Judge, Deputy Judge, Appellate Justice, as applicable) of the Tribal Court, to the utmost of my ability, with impartiality and without improper favor, to the end that justice may be fully served."

The Tribal Council may remove any Judge or Justice of the Tribal Court for cause based upon any of the following grounds:

(b) Personal conduct involving moral turpitude, whether or not related to judicial duties, or conduct which brings the prestige of her/his office or that of the Tribe into public disrepute.

(d) Persistent illness or other disability which renders her/him incapable or otherwise unable to regularly perform her/his duties as Judge or Justice.

Such removal shall be by an affirmative vote of two-thirds of the Tribal Council at a valid meeting called for the purpose of considering such removal, provided that the subject Judge or Justice shall be given a full hearing and fair opportunity to present testimony and evidence in her/his behalf, and to cross-examine and rebut all witnesses and evidence considered by the Tribal Council in support of removal. The subject Judge or Justice shall be given not less than ten (10) days written notice in advance of the hearing, which notice shall include an itemization of the charges or grounds for removal which are to be considered. Such notice shall be served by registered or certified mail, or delivered personally to her/him by a party duly authorized by the Tribal Council.