Judicial Code

Judicial Decisions Time Frame

Section 1.  General.            The time frame for issuing judicial decisions by the Prairie Island Indian Community Tribal Court shall be as provided in this Ordinance.

Section 2.  Purpose.            The purpose of this Ordinance is to provide a system of accountability, promoting the orderly and expeditious disposition of all matters submitted to a judge or to the Court of Appeals.

Section 3.  Time frame for Issuing Judicial Decisions.

3.1            Every judge shall issue a written judgment or order in all actions which have been submitted for final adjudication within ninety (90) days from the date the action was taken under submission.

3.2            Where a report, findings, or recommendation of a judge are required as a prerequisite to an order or judgment the same shall be filed within ninety (90) days of the conclusion of the trial or hearing at which the judge presided.

3.3            Every judge shall file a report at the end of every month certifying in writing to the Tribal Council that no cause before such judge remains pending and undetermined for ninety (90) days after it was submitted for decision.  If there are causes pending beyond the ninety (90) day limit, the judge shall identify the number of those cases.  The judge shall not violate any judicial confidentiality rules when contemplating a report.

Section 4.  Violations.  This Ordinance may be violated in the following ways:

4.1.            by not submitting a report;

4.2.            by not submitting a timely report;

4.3.            by omitting cases in the report;

4.4.            by reporting cases in an untimely manner; and

4.5.            by any action inconsistent with this Ordinance.

Section 5.  Enforcement.  Upon notification in writing of a violation either by the monthly report required to be submitted or by a judge or by a party awaiting a judicial decision, the Tribal Council, at the next regularly scheduled meeting or special meeting, shall vote to terminate the judge’s appointment or reduce the judge’s pay for a month on a pro rata basis for the number of days a decision is over the ninety (90) day time limit.

Section 6.  Non-Termination.  The non-termination of a judge for any violation shall not be deemed a waiver of the right to terminate for the same or similar subsequent violations by the same or another judge.

Section 7.  Availability of Reports.  All reports filled with the Tribal Council by the judges of the Community’s Tribal Court shall be available to any voting member of the Prairie Island Indian Community upon request.

Section 8.  Voting Requirement.  Passage of this Ordinance shall require a simple majority of those eligible voters present at the meeting at which a vote is held on this Ordinance, provided a quorum is present.

Copyright © 2003-2005, Prairie Island Indian Community. (Updated 12-21-04.)