Chapter 2-2 JUDICIAL COUNCIL AND PEACEMAKERS CIRCLE GENERALLY.

CHAPTER 2-2
JUDICIAL COUNCIL AND PEACEMAKERS CIRCLE GENERALLY.

2-2-1 Separate and Independent Branches.

The Judicial Council is a separate and independent branch of the Nation’s government and includes the District Court, Court of Appeals, and the Employment Disputes Tribunal. The Peacemakers Circle is a separate mediating branch.

2-2-2 Procedures.

Procedures governing the actions of the District and Court of Appeals, Employment Disputes Tribunal, and Peacemaker Circle shall be subject to procedure as defined in this Code and as provided by the District Court.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-2-3 Number and Qualifications.

(A) The District Court shall be comprised of at least one (1) judge, and more than one if the need arises. A candidate for the position of District Court shall be a citizen or a member of an Indian nation, a graduate of an accredited law school, and be admitted to the practice of law by any jurisdiction in the United States and with sufficient legal training to preside over criminal proceedings.

(B) The Court of Appeals shall be comprised of three (3) justices. A candidate for the position of the Court of Appeals shall be a citizen or a member of an Indian nation, a graduate of an accredited law school, and be admitted to the practice of law by any jurisdiction in the United States and with sufficient legal training to preside over criminal proceedings.

(D) The Peacemakers Circle shall be comprised of ten (10) Peacemakers.

(Amended by PBP TC No. 2023-276, September 21, 2023)

2-2-4 Term of Office.

A Judge, Justice, Magistrate or Peacemaker shall serve a four (4) year term, unless otherwise terminated earlier pursuant to provisions of this Title.

2-2-5 Oath of Office.

Before assuming office each member of the Judicial Council shall take an oath to support and protect the Constitution of the Tribe and to administer justice in all causes coming before them, without regard to the individuals.

2-2-6 General Duties and Powers. District Court, Court of Appeals, Employee Disputes Tribunal.

(A) The District Court shall have such power necessary to decide all criminal and civil disputes and proceedings except disputes regarding elections and government employment. The Court of Appeals shall have such power necessary to review decisions appealed from the District Court. The District Court and the Court of Appeals shall have the power to review legislative and executive actions for consistency with the Nation’s Constitution.

(B) All Judges and Justices in cases within their authority shall have the duty and power to conduct all court proceedings, and issue all orders and papers in order to administer justice in all matters unless disqualified for conflict of interest or cause. In doing so the Court shall:

(1) Be responsible for creating and maintaining the regulations and rules of the Court, not conflicting with the Tribal Code for the orderly and efficient administration of justice. Such rules must be filed in the office of the Court Clerk before becoming effective.

(2) Hold Court regularly at a designated time and place.

(3) Undertake all duties and exercise all authority of a judicial officer under the law.

(4) Hear and decide all cases properly brought before the Court.

(5) Enter all appropriate orders and judgments.

(6) Issue all appropriate warrants and subpoenas.

(7) Keep all records as may be required.

(C) The Employee Disputes Tribunal shall hear disputes involving government employment related matters as more fully described in Title 22 of this Code.

2-2-7 Additional Duties and Powers. District Court Judge, Court of Appeals Justice.

(A) The District Judge shall also be the Administrative Judge for the District Court and shall be responsible for:

(1) The administration of all District Courts and shall determine, where not otherwise provided by law, what actions may be taken by a single judge of the court.

(2) The performance of any and all other duties as may be required for the operation of the District Court.

(3) The supervision of the actions of the District Court and all personnel and officers of the Court.

(4) In the event there is more than one District Judge or Magistrate, the Tribal Council shall determine who will serve as Administrative District Judge.

(B) Justices of the Appeals Court shall also be responsible for:

(1) The administration of the Appeals Court and performing any and all other duties as may be required for the operation of said Court.

(2) The hearing of appeals from the District Courts.

(3) The supervision of the actions of the Appeals Court and all personnel and officers of the Appeals Court.

(4) In the event there is more than one Appeals Court Justice the Tribal Council shall determine who shall serve as Administrative Justice.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-2-8 RESERVED.

(Amended by PBP TC No. 92-68, December 1992; PBP TC No. 99-36, March 16, 1999.)

2-2-9 Compensation. District Court Judge, Court of Appeals Justice.

The compensation of all Justices and Judges shall be set by the Tribal Council from available funds. No Judge shall have his compensation reduced during their term of office, except if funds are unavailable, the compensation of all judicial officers may be reduced proportionately to the availability of funds.

(Amended by PBP TC No. 92-68, December 1992.)

2-2-10 Removal. District Court Judge, Court of Appeals Justice, Employee Disputes Tribunal Magistrate.

(A) District Court Judges and Court of Appeals Justices shall be removed only for cause by the Tribal Council upon the affirmative vote of at least six (6) members. Cause shall consist of a finding of one or more of the following:

(1) Moral turpitude

(2) Nonfeasance or malfeasance in office

(3) Gross neglect of duty

(4) Misconduct reflecting on the dignity and integrity of the Nation

(5) Embezzlement of Tribal property or assets

(B) Magistrates of the Employee Disputes Tribunal may be removed by their appointing authority.

(Amended by PBP TC No. 92-68, December 1992.)

2-2-11 Disqualifications, Conflict of Interest.

(A) No Judge shall hear any case when he has a direct financial, personal or other interest in the outcome of such case or is immediately related by blood or marriage to one or both of the parties. A Judge should attempt to prevent even the appearance of partiality or impropriety.

(B) Either party of interest in such case or the Judge may raise the question of conflict of interest. Upon decision by the Court of Appeals that disqualification is appropriate, another Judge shall be assigned to hear the matter before the Court.

(C) Any Judge may hear a case if all parties are informed of the blood or marriage relationship on the record in open Court and of their right to have a different Judge hear the case, and consent to further action by that Judge in the case open Court upon the record, or in a writing filed in the record, in spite of the conflict of interest.

2-2-12 Decisions.

Each decision of the Court shall be recorded on a form approved by the Administrative District Court Judge for such purpose. The form shall provide for recording the date of the decision, the case number, the names of all parties, the substance of the complaint or the issues presented on appeal, the relevant facts found by the Court to be true, the Court’s decision, and the conclusions of law supporting the Court’s decision. The decision form shall be placed in the case file as an official document of the case. A written opinion may be filed in lieu of the form in Court of Appeals decisions. Such opinion shall be part of the permanent record.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-2-13 Records.

The District Court shall be a Court of Record. To preserve such records:

(A) All Court proceedings shall be recorded by electronic or stenographic means. The recording shall be identified by case number and kept for five (5) years for use in appeals or collateral proceedings in which the events of the hearing are in issue. The Court Clerk shall cause a transcript to be made as a permanent part of the case record.

(B) To preserve the integrity of the electronic record, the Court Clerk shall store the recording in a safe place and release it only to the relevant Court or pursuant to an Order of a Tribal Judge or Justice.

(D) All Court records shall be public records except as otherwise provided by law.

(E) Court records may be reproduced on space saving record keeping modes, provided, that at least one hard copy of such stored data shall be kept at all times.

2-2-14 Files.

(A) Except as otherwise provided by law, Court files are generally open to the public. Any person may inspect the records of a case and obtain copies of documents contained therein during normal business hours.

(B) Any person desiring to inspect the records may inspect such files only during the ordinary working hours of the Clerk, or a Judge and in their presence to insure the integrity of Court records. Under no circumstances shall anyone, except a Judge, licensed advocate, attorney or the Clerk, take a file from the Clerk’s office.

(C) A copy of any document contained in such a file may be obtained from the Clerk for a reasonable copy fee. The Clerk is hereby authorized to certify under the seal of his office that such copies are accurate reproductions of those documents on file in his office.

2-2-15 Practice Before the Court.

(A) No person shall be denied the right to have a member of the Bar of the Court represent him and present his case before the Courts.

(B) The Administrative District Judge, after conferring with the Administrative Appeals Judge, shall make rules which shall govern who may practice before that District Court and the Court of Appeals. Such rules shall be filed in the office of the Clerk.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-2-16 Rules of the Court.

The Administrative District Judge with approval of the Administrative Appeals Judge shall establish rules concerning the administration of the Courts and conduct in the Court of Appeals and District Courts not inconsistent with Tribal law or the Tribal Constitution. Such rules shall govern the conduct, demeanor, and decorum of those in the Court as well as the form and filing of appeals, briefs, pleadings, and other matters which will make the Court function more efficiently. Such rules shall be filed in the Court Clerk’s office.

(Amended by PBP TC No. 99-36, March 16, 1999.)

2-2-17 Action on Appeals.

In any appeal before it, the Court of Appeals shall have full authority to affirm, reverse, modify, or vacate any action of the District Court or other entity from whom the appeal is taken as authorized by law, and may enter such order as is just or remand the case for the entry of a specified judgment, for a new trial, or for such further action in accordance with the Court of Appeal’s opinion or instructions as shall be just.

2-2-18 Court Receipts.

(A) Records.

The Clerk of the Court will deposit into the General Fund all fines, fees, penalties, costs, and other monies authorized or required by law to be paid to the Court which are not to be distributed to any party to a case and for which no requirement is imposed by law for the deposit of such funds into a particular account. The Clerk shall keep and maintain accurate, complete, and detailed records which reflect all fines, fees, penalties, costs, and other monies received by the Court. These records shall be submitted to the Treasurer’s Office no later than the 10th of each month.

(B) Monies paid to Court.

All monies collected by the Court shall become part of and included in the Court Fund of the Prairie Band Potawatomi Nation Government and shall be subject to the annual budgeting process for distribution in accordance with a budget approved by a majority vote of the Tribal Council.

(Amended by PBP TC No. 2005-028, March 17, 2005.)