TITLE
5 - JUDICIAL BRANCH
| Chapter |
Section
|
| 1.
Judicial Organization |
1
|
| 2.
Judicial Authority and Jurisdiction |
101
|
Historical
and Statutory Notes
Band Statute 1303-MLC-4, §§ 1 to 3 and 9.03 provide:
"Section
1. Purpose. The Purpose of this Act is to promote the general welfare,
preserve and maintain justice and to protect the rights of all persons
under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians consistent with a judicial philosophy of a search for truth
and justice. This statute is enacted by the inherent aboriginal and
sovereign rights of the members of the Non-Removable Mille Lacs Band
of Chippewa Indians to be self-governing since time-immemorial and by
the authority vested in the Mille Lacs Reservation Business Committee
under Article I, Section 3, Article VI, Sections 1 and 2, and Article
XIII of the Constitution of the Minnesota Chippewa Tribe.
"Section
2. Scope of Amending Provision. Band Statute 1143-MLC-4 is hereby repealed
in its entirety and replaced by the provisions of this statute.
"Section
3. Severability. If any provision of this Act is held invalid, the invalidity
shall not affect other provisions or applications of this Band Statute
which can be given effect without the invalid provision and to this
end, the provisions of this Band Statute shall be severable."
"Section
9.03 Sovereign Immunity. Nothing contained in this act shall be deemed
or construed to be a waiver of sovereign immunity by the Non-Removable
Mille Lacs Band of Chippewa Indians."
Cross
References
Band government
identification cards, see 22 MLBSA §
308.
Bribery, see 24 MLBSA § 1203.
CHAPTER
1
JUDICIAL ORGANIZATION
Section
1. Court of Central Jurisdiction; composition.
2. Court of Central Jurisdiction; constituent courts and leadership.
3. Composition of Court of Appeals.
4. Composition of District Court.
5. Appointment and terms of office of Justices.
6. Chief Justice; election and term of office.
7. District Court Judge; appointment and term of office.
8. Vacancy in Court of Central Jurisdiction.
9. Qualifications of Justices.
10. Qualifications of District Judge.
11. Removal or discipline of Justices and Judges.
12. Salaries of Justices.
13. Official seal.
14. Convening schedule of District Court.
15. Fines and bonds.
Cross References
Exemption from personnel manual provisions, see 6
MLBSA § 8.
§ 1. Court of Central Jurisdiction; composition
All
judicial authority of the Non-Removable Mille Lacs Band of Chippewa
Indians shall be vested in the Court of Central Jurisdiction. The Court
of Central Jurisdiction shall be composed of the Justices and Judges
of the Court of Central Jurisdiction, the Clerk of Court, Court Administrator
and other judicial employees.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 7. |
Prior
Laws:
Band Statute 1043-MLC-4, T.I, § 3. |
Cross
References
Court staff,
see 5 MLBSA § 107.
§ 2. Court of Central Jurisdiction; constituent courts and leadership
The Court
of Central Jurisdiction shall consist of the District Court and the
Court of Appeals of the Non-Removable Mille Lacs Band of Chippewa Indians
and as otherwise provided for by law and shall be led by the Chief Justice
who shall serve as the leader of the Court of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 7.01. |
Prior
Laws:
Band Statute 1043-MLC-4, T.I, § 3. |
§ 3. Composition of Court of Appeals
The Court
of Appeals shall be composed of one Chief Justice and two Associate Justices.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 7.02. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 3.02. |
§ 4. Composition of District Court
The District
Court shall be composed of one District Court Judge.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 7.03. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 3.02. |
§ 5. Appointment and terms of office of Justices
(a)
The terms of office of the three Justices of the Court of Appeals
shall be for six (6) years. Any Justice may be disciplined or removed
for cause pursuant to 3 MLBSA §
25.
(b)
The Justices shall be nominated by the Chief Executive, who shall
submit the nomination to Band Assembly. Band Assembly shall upon receipt
of the nomination confirm or reject the nomination within thirty (30)
days. There shall be one justice from each of the three respective
districts of the Mille Lacs Band.
(c)
The Justice from the Nay-Ah-Shing District shall serve a six year
term expiring August 15, 1996 and on this date every six years hence.
The Justice from the Ga-me-ta-wa-ga-gi-moog District shall serve a
six year term expiring August 30, 1998 and on this date every six
years hence. The Justice from the Ah-sho-moog District shall serve
a six year term expiring August 15, 2000 and on this date every six
years hence.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 12.
Prior
Laws: Band Statute 1143-MLC-4, T.I, § 7.
Band Statute 1303-MLC-4, § 12.06 provides: "The existing Justices
and Judges holding office pursuant to 1143-MLC-4 may remain as justices
on the Court of Appeals, unless removed for cause according to 1141-MLC-2,
Section 26 [3 MLBSA § 25],
until August 15, 1996."
Cross
References
Designation
of Band districts, see 2 MLBSA §
11.
§ 6. Chief Justice; election and term of office
The Justices
of the Court of Appeals shall elect from among themselves the Chief
Justice who shall then serve a four year term as Chief Justice expiring
August 30, 1996 and on this date every four years hence.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 12.03. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 7. |
§ 7. District Court Judge; appointment and term
of office
(a) The
District Court Judge shall be nominated by the Chief Executive who
shall submit the nomination to Band Assembly. Band Assembly shall
upon receipt of the nomination confirm or reject the nomination within
30 days.
(b) The
District Court Judge shall serve a six year term expiring August 15,
1 996 and on this date every six years hence. The District Court Judge
may be disciplined or removed for cause pursuant to 3
MLBSA § 25.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 12.04, 12.05. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 7. |
§ 8. Vacancy in Court of Central Jurisdiction
(a) Should
the Chief Justice temporarily become unable to perform the duties
of office those powers and duties shall devolve upon the Senior Associate
Justice, until such disability is removed.
(b) Whenever
an Associate Justice of the Court is unable to perform the duties
of office, those powers and duties shall devolve upon a Special Magistrate,
until such disability is removed or another justice is appointed and
sworn in.
(c) In
the event a Justice or Judge is unable to complete their term of office
that position will be filled by nomination from the Chief Executive
subject to ratification by Band Assembly.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 13. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 8. |
Cross
References
Special
Magistrate, see 5 MLBSA § 108.
§ 9. Qualifications of Justices
(a) Any
person who is nominated as a justice of the Court of Central Jurisdiction
shall meet the following qualifications:
(1)
Shall be an enrolled member of the Non-Removable Mille Lacs Band
of Chippewa Indians, and;
(2)
Shall have reached the chronological age of twenty-one, and;
(3)
Shall have graduated from high school or obtained an equivalent
degree, or be at least 55 years old, and;
(4)
Shall be knowledgeable of the Constitution of the Minnesota Chippewa
Tribe, the laws of the Non-Removable Mille Lacs Band of Chippewa
Indians and the unwritten customs and traditions of the Band, and;
(5)
Shall be a person of honor, integrity and good moral character as
evidenced by letters of recommendation from four (4) elders of the
Band who are not related within the first degree to the person nominated
for office.
(b) No
person shall be nominated as a justice in the event said person shall
have been convicted of a felony or if that person has been convicted
of a gross misdemeanor within seven (7) years.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 14. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 9. |
§ 10. Qualifications of District Judge
(a) Shall
have graduated from an accredited law school, and be a member of a
state bar association, and
(b)
Shall have never been convicted of a felony or gross misdemeanor and
if convicted of such while a judge that person shall be subject to
removal pursuant to 3 MLBSA §
25.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 15.
§ 11. Removal or discipline of Justices and
Judges
(a)
A joint session of the Band Assembly, pursuant to 3
MLBSA § 25, may remove or discipline any justice or judge
of the Court for just cause associated with a violation of the Judicial
Code of Ethics of the Non-Removable Mille Lacs Band of Chippewa Indians
or a violation of Article X, Section 2(a), (b), (c), (d) and (e) of
the Constitution of the Minnesota Chippewa Tribe or for any felony,
gross misdemeanor or a second misdemeanor conviction while holding
office, excluding minor traffic offenses or a criminal conviction
in the Court of Central Jurisdiction.
(b)
No Justice of the Court of Central Jurisdiction shall be removed or
disciplined without due process of law.
(c)
The following procedures shall apply to all removal or disciplinary
proceedings of Justices or Judges:
(1)
The removal process shall be by a Joint Session with the Speaker
of the Band Assembly presiding. The Judge/Justice may be represented
by counsel during the process and shall have the right to call witnesses
and present evidence on their behalf and shall be advised of the
charges against them.
(2)
Following questioning by the hearing officer, the witness may make
additional comments within the limits of relevancy and propriety.
Any other party or legal representative may question the witness.
A witness may be recalled at the discretion of the hearing officer
if additional questions are raised.
(3)
Hearings are to be held upon at least seventy-two (72) hours advance
notice to the parties. A continuance may be granted for good cause
at the discretion of the hearing officer. Hearings shall be informal
and there may be as many sessions as deemed necessary by the Joint
Session to enable review of all the evidence.
(4)
The decisions of the Joint Session, whether interim or final shall
be in writing and shall contain the following:
(A)
The name of the party;
(B)
The date of the hearing;
(C)
The facts established by the evidence;
(D)
The decision of the Joint Session, including the remedy being
given.
(d) The
decision of the Joint Session on any removal or disciplinary action
shall be final.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 21. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 10. |
Cross
References
Due process
of law, see 1 MLBSA § 8.
Joint Session of Band Assembly, see 3
MLBSA § 24.
§ 12. Salaries of Justices
(a) The
salary for the Associate Justices of the Court of Appeals shall be
as established by Band Assembly appropriation.
(b) The
Chief Justice may recommend to the Band Assembly adjustments to salaries
based upon recommendations contained in an annual report of the Judiciary,
current and anticipated case loads, and the general business conditions
existing in the court.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 18.
§ 13. Official seal
(a) The
official seal of the Court of Central Jurisdiction shall be affixed
to all official documents of the Court. Any document of the Court
of Central Jurisdiction without the official seal shall have no legal
force and effect.
(b) The
official seal of the Court of Central Jurisdiction shall be at all
times kept in a secure location.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 31. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 13. |
Cross
References
Seal, judicial
authority, see 5 MLBSA § 110.
§ 14. Convening schedule of District Court
The District
Court of the Mille Lacs Band of Chippewa Indians shall regularly convene
in District III, at least one (1) day in every two (2) week period;
District II, at least one (1) day in every two (2) week period and District
I, at all other times.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 36.
§ 15. Fines and bonds
All moneys
paid into the Court of Central Jurisdiction, or received by the Clerk
of Court, in any case pending or adjudicated, shall be forthwith deposited
with the Office of Management and Budget, in the name of the Court of
Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 30.
CHAPTER
2
JUDICIAL AUTHORITY AND JURISDICTION
Section
101. Judicial authority.
102. Writs, judgments and orders.
103. Cultural causes of action; panel of elders decisions.
104. Powers of construction and interpretation.
105. Rules.
106. Regulation of practice of law.
107. Court staff.
108. Special Magistrate.
109. Contracts, grants, bequests, donations or gifts.
110. Seal.
111. Subject matter jurisdiction.
112. Persons subject to criminal jurisdiction.
113. Personal jurisdiction.
114. Duties of Chief Justice.
115. Oath for Band offices.
116. Duties of individual Justices and Judges.
117. Responsibilities of individual Justices and Judges.
118. Continuing education.
119. Immunity for Justices and Judges.
Cross
References
Disobedience to lawful orders of Court, see 24
MLBSA § 1210.
Environmental protection, jurisdiction of Band, see 11
MLBSA §§ 9, 10, 104.
Judicial review of constitutionality of acts and decisions of Band Assembly,
see 3 MLBSA § 21.
§
101. Judicial authority
Except as otherwise provided for by law the Court of Central Jurisdiction
shall have all judicial authority extending to cases in law and equity.
The Court of Central Jurisdiction shall have all powers necessary for
carrying into execution its judgments and determinations in order to
promote the general welfare, preserve and maintain justice, and to protect
the rights of all persons under the jurisdiction of the Non-Removable
Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 4. |
Cross
References
Functions
of governmental authority, see 2 MLBSA
§ 4.
§ 102. Writs, judgments and orders
The Court
of Central Jurisdiction shall have the power to issue writs of habeas
corpus, judgments, orders requiring conduct, orders prohibiting conduct,
certification of appeals or any other writs as are necessary in the
furtherance of justice.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.03. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 4.03. |
§ 103. Cultural causes of action; panel of
elders decisions
The Court
of Central Jurisdiction shall have the authority to enter as a judgment
and order a decision made by a panel of elders in a Cultural Cause of
Action between Band members as defined by 24
MLBSA § 601 et seq.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4 § 8.10.
§ 104. Powers of construction and interpretation
The Court
of Central Jurisdiction shall have the power to construe and interpret
statutes, legal instruments, records, decisions, or legal process applicable
or pertaining to or emanating from the Non-Removable Mille Lacs Band
of Chippewa Indians, when brought before the Court.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4. § 8.08. |
Prior
Laws:
Band Statute 1143-MLC-4, T.1, § 4.09. |
§ 105. Rules
(a) The
Court of Central Jurisdiction shall have the power to prescribe by
general rules, the forms of process, writs, pleadings,
rules of evidence and motions and the practice and procedure of the
District Court and Court of Appeals of the Mille Lacs Band in civil
actions and criminal actions and appeals therein, such rules shall
not abridge, enlarge or modify the substantive rights of any person.
(b)
Such rules shall not take effect until 90 days after they have been
reported to the Band Assembly by the Chief Justice during a regular
session of the Band Assembly and shall not abridge the right of Band
Assembly to enact, modify, or repeal any statute or modify or repeal
any rule of the Court of Central Jurisdiction pursuant thereto.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, §§ 8.01, 8.02. |
Prior
Laws:
Band Statute 1143-MLC-4, T. I, § 4. |
§ 106. Regulation of practice of law
The Court of Central Jurisdiction shall have the power to prescribe
rules governing the admission of individuals to practice law and to
prescribe rules governing conduct in the practice of law, and rules
concerning the presentation, hearing and determination of accusations
against individuals practicing law. Such rules shall not be inconsistent
with the laws of the Mille Lacs Band.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.04. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 4.04. |
§ 107. Court staff
The Court
of Central Jurisdiction shall have the power to appoint a Clerk of Court,
Court Administrator or any other court staff as may be required and
to prescribe the necessary duties and responsibilities of those positions
not inconsistent with Mille Lacs Band law.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.05. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 4.06. |
§ 108. Special Magistrate
The
Court of Central Jurisdiction shall have the power to appoint a law
trained individual to serve as a Special Magistrate as needed to hear
cases at such times as the interests of justice require independent
or supplementary judicial review. A Special Magistrate shall have all
authority conferred upon any other justice or judge of the Court of
Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.06.
|
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 4.07. |
§ 109. Contracts, grants, bequests, donations or gifts
The Court of Central Jurisdiction shall have the power to contract with
and to receive grants, bequests, donations or gifts for the enhancement
of the judiciary of the Mille Lacs Band and to apply the same to the
purpose designated. All said contracts, grants, bequests, donations
or gifts may be accepted or entered into by the Court by and with the
advice and consent of the Band Assembly in accordance with applicable
Band law.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.07. |
Prior
Laws:
Band Statute 1143-MLC-4, § 4.08. |
§ 110. Seal
The Court
of Central Jurisdiction shall have the power to adopt a seal which shall
be used to authenticate judgments, orders, opinions and other court
papers. The form of the seal and regulation of the seal's use shall
be specified by court rules.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 8.09. |
Prior
Laws:
Band Statute 1143-MLC-4. T.I. § 4.10. |
Cross
References
Official seal, judicial organization, see 5 MLBSA §
13.
§ 111. Subject matter jurisdiction
(a)
The Court of Central Jurisdiction shall have jurisdiction over all
civil and criminal matters as prescribed by law.
(b)
The Court of Central Jurisdiction is hereby granted exclusive original
jurisdiction over all criminal or civil causes of action, involving
any person, where such grievance or dispute arises concerning any
property personal or otherwise, located on lands or contiguous waters
subject to the jurisdiction of the Non-Removable Mille Lacs Band of
Chippewa Indians.
(c)
The Court of Central Jurisdiction shall have subject matter jurisdiction
over any cause of action that may arise from unwritten cultural law
or a violation thereof The Court of Central Jurisdiction however,
in the exercise of its authority to enforce all provisions of unwritten
cultural law and upon the authority it possess as to accord equal
justice shall give full force and effect to 24 MLBSA Chapter 1 , if
the provisions of that chapter are not inconsistent with any custom
or cultural law heretofore or hereafter in place in the determination
of cultural causes of action arising pursuant to any statute of the
Non-Removable Mille Lacs Band of Chippewa Indians.
(d)(1)
The Court of Central Jurisdiction shall have jurisdiction over all
civil matters in which the Non-Removable Mille Lacs Band of Chippewa
Indians, any of its political subdivisions or entities, or its officers,
appointees or employees are parties in their official capacity. Nothing
herein shall be construed as a waiver of sovereign immunity of the
Band unless specifically authorized in accordance with Band law or
by specific Band Statute.
(2)
The Court of Central Jurisdiction has exclusive jurisdiction over
all suits in which Band officials are defendants where declaratory
and equitable relief is sought.
(e) The
District Court of the Court of Central Jurisdiction shall have original
jurisdiction over all criminal and civil matters except as otherwise
provided for by law.
(f) The
Court of Appeals shall have original jurisdiction over election disputes
pursuant to the Minnesota Chippewa Tribal Election Ordinance and on
issues certified to the Court of Appeals from foreign jurisdictions.
Historical
and Statutory Notes
Source:
Band Statute 1092-MLC-25. § 16.
Band Statute 1130-MLC-51, TI, § 6.
Band Statute 1303-MLC-4, §§ 9 to 1 1. |
Prior
Laws:
Band Statute 1143-MLC-4, §§ 5, 22, 23. |
Cross
References
Change
of name, authority of Court, see 8
MLBSA § 801.
Civil causes of action, exclusive original jurisdiction, see 24
MLBSA § 2.
Commercial practices, jurisdiction, see 18 MLBSA § 5.
Commissioner of Finance, subject matter jurisdiction of Court of Central
Jurisdiction, see 22 MLBSA§ 113.
Concurrent civil jurisdiction with United States Courts, see 24
MLBSA § 3.
Criminal offenses, subject matter jurisdiction, see 24
MLBSA § 4002.
Education, subject-matter jurisdiction, see 9
MLBSA § 29.
Employee Credit Union, jurisdiction of Court, see 17
MLBSA § 18.
Federation Cultural Resources Board, review of decisions, see 10
MLBSA § 119.
Firewood harvest, jurisdiction, see 11
MLBSA § 2412.
Gasoline and petroleum products excise tax, subject matter jurisdiction,
see 22 MLBSA § 315.
Housing Authority, jurisdiction, see 12
MLBSA § 31.
Motor vehicles, subject matter jurisdiction, see 19
MLBSA § 12.
Natural Resource Protection Code, jurisdiction, see 11
MLBSA § 2601.
Procurement, subject matter jurisdiction, see 7
MLBSA § 48.
Prohibited drugs, subject matter jurisdiction, see 23
MLBSA § 9.
Property disputes, jurisdiction, see 21 MLBSA
§§ 3, 4.
Sales and use taxes, subject matter jurisdiction, see 22
MLBSA § 516.
Tobacco excise taxes, subject matter jurisdiction, see 22
MLBSA § 221.
Treaty usufructuary rights, implementation, subject matter jurisdiction,
see 2 MLBSA § 1104.
Uniform Commercial Code, jurisdiction, see 18
MLBSA § 301.
§ 112. Persons subject to criminal jurisdiction
The Court
of Central Jurisdiction shall have criminal jurisdiction over Mille
Lacs Band members and non-member Indians alike and as may otherwise
be prescribed by law.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 9.01. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, §§ 5.01, 5.02. |
Cross
References
Criminal
procedure, jurisdiction over persons, see 24
MLBSA § 4003.
Enrolled members exercising usufructuary rights in ceded territory,
jurisdiction, see 2 MLBSA § 1151.
§ 113. Personal jurisdiction
The Court
of Central Jurisdiction shall have civil jurisdiction over any person,
corporation, business organization or other private entity that:
(a) Transacts
business with any member of the Band within the territorial jurisdiction
of the Band;
(b) Engages
in any activity which results in injury or property damage within
the territorial jurisdiction of the Mille Lacs Band;
(c) Engages
in any activity which results in a dispute over the ownership, use,
possession or interest in any property within the territorial jurisdiction
of the Band;
(d) Contracts
to insure any person, property, corporation, business organization
or risk located within the territorial jurisdiction of the Band;
(e) Enters
into a written or verbal sales or service agreement within the territorial
jurisdiction of the Mille Lacs Band or where performance of the agreement
is to be within the territorial jurisdiction of the Mille Lacs Band;
(f) Engages
in conduct that may affect the environment or territories under the
jurisdiction of the Band or affects the natural resources of the Band
or threatens the health, safety, peace or welfare of Mille Lacs Band
or inhabitants thereof.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 9.02. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 5.02. |
Cross
References
Commercial practices, jurisdiction, see 18
MLBSA § 5.
Concurrent jurisdiction with United States Courts, see 24
MLBSA § 3.
Enrolled members exercising usufructuary rights in ceded territory,
jurisdiction, see 2 MLBSA § 1151.
Environmental protection, actions for declaratory or equitable relief,
jurisdiction and service of process, see 11
MLBSA § 20.
Native American veteran Direct Loan Program, unlawful detainer, see
12 MLBSA § 115.
Nay-Ah-Shing School, admission of persons under Band jurisdiction, see
9 MLBSA § 18.
§ 114. Duties of Chief Justice
The Chief Justice of the Court of Central Jurisdiction shall have the
following Judicial and Administrative authority in exercising the judicial
powers of the Band government:
(a)
To convene the Court of Appeals on the first Tuesday of February,
June, September and November for the purpose of opening the general
term of the Court. The Chief Justice may convene the Court of Appeals
on special occasions at such time and locations as may be designated
upon five (5) days written notice to the other justices prior thereto;
(b)
To present to the Band Assembly an annual State of the Judiciary Address
on the second Tuesday of January of each calendar year;
(c) To
present to the Chief Executive and the Band Assembly information and
recommendations for the improvement of the Judiciary;
(d) To
execute rules and policies of the Court consistent with the provisions
of Band Statute for the orderly conduct of Court business as provided
for by law,
(e) To
prepare an annual appropriation request, for the court after consultation
with the other Justices and Judges of the Court, and submit the request
to Band Assembly no later than August 1 of each calendar year;
(f) To
appoint a Special Magistrate in a proceeding, who has graduated from
law school, in the interests of justice and in accordance with 5
MLBSA § 108, when necessary.
(g) To
exercise all administrative duties necessary for the continued conduct
of competent court operations.
(h) To
enter as a judgment and order determinations made in a Cultural Cause
of Action.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, §1 6. |
Prior Laws:
Band Statute 1143-MLC-4, T.I, § 24. |
Cross
References
Juvenile detention and shelter care facilities, rules and regulations,
see 8 MLBSA § 15.
§ 115. Oath for Band offices.
The Chief Justice or in his/her absence any other Justice of the Court
shall administer the following Oath of Office for Band Officials:
"I, ______________,
do hereby swear that I will support, honor, and respect the Constitution
of the Minnesota Chippewa Tribe and the laws of the Non-Removable Mille
Lacs Band of Chippewa Indians and I will protect the rights of Band
members and others under the jurisdiction of the Non-Removable Mille
Lacs Band of Chippewa Indian, and that I will faithfully and impartially
discharge the duties of the office to the best of my judgment and ability
so help me gi chi ma ni do."
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 32. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 17. |
Cross
References
Federation
Cultural Resources Board, oath of office, see 10
MLBSA § 106.
Official oath of office, see 2 MLBSA
§ 8.
§ 116. Duties of individual Justices and Judges.
Individual
justices and judges of the Court of Central Jurisdiction shall have
the following authority:
(a)
To preserve and enforce order in their immediate presence, and in
all proceedings when performing official duties.
(b) To
compel obedience to lawful directives and orders.
(c)
To compel attendance of persons called to testify in a proceeding
as provided by law.
(d) To
administer oaths and affirmation to persons in proceedings before
them and in any other circumstance where such shall be necessary in
the exercise of Judicial powers or duties or where the law so requires
an oath or affirmation.
(e) To
punish civilly or criminally, for contempt, any person, to assure
the effective exercise of judicial authority.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 17. |
Prior Laws:
Band Statute 1143-MLC-4, T.I, § 25. |
§ 117. Responsibilities of individual Justices
and Judges
(a) The
individual justices and judges shall adopt by court order a code of
judicial conduct and conform their conduct to the same.
(b) A
judge or justice who discloses any information relative to any pending
case to the public-at-large may be subject to disciplinary action
by the Joint Session.
(c) No
Justice, Judge or Special Magistrate shall be qualified to act as
such in any case wherein he/she has any direct or indirect interest
or wherein any relative once removed under cultural law by marriage
is a party of interest in the proceeding.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, §§ 19, 22, 23. |
Prior
Laws:
Band Statute 1143-MLC-4, T.1, § 26, T. VIII, §§ 9,
II. |
Cross
References
Confidentiality,
child support proceedings, see 8 MLBSA § 2104 [Digitizer's note:
Section not in digital copy].
§ 118. Continuing education
The individual
justices and judges shall attend a minimum number of legal education
and training courses each year as provided for in the annual budget.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 19.01.
§ 119. Immunity for Justices and Judges
The justices
and judges of the Court of Central Jurisdiction shall be immune from
civil liability arising from judicial acts and deeds in the performance
of their judicial duties.
Historical
and Statutory Notes
Source:
Band Statute 1303-MLC-4, § 20. |
Prior
Laws:
Band Statute 1143-MLC-4, T.I, § 27. |
Cross
References
Suits against
Band officials, see 24 MLBSA § 701.
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