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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§3 JUDICIAL


§3-1-1 JUDICIAL SYSTEM

(a) The Judicial Power of the Poarch Band of Creek Indians is vested exclusively in a judicial system which shall consist of a Tribal Supreme Court and a Tribal Court of general jurisdiction known as the Tribal Court.

(b) The Courts described in this section shall have all authority provided by Tribal Law and the Tribal Courts shall have the authority to promulgate rules of court for the administration of the Judicial System, Rules of Civil Procedures and Rules of Criminal Procedure.


§ 3-1-2 TRIBAL COURT

(a) Tribal Court shall be composed of one (1) Tribal Judge.


§3-1-3 QUALIFICATIONS OF TRIBAL JUDGE

(a) To be eligible to hold the office of Tribal Judge, a person must be: 1) physically able to carry out the duties of the office; 2) of high moral character and integrity; 3) capable of preparing the papers and reports incident to the office of Tribal Judge; 4) an Attorney licensed to practice law in the state of residence; 5) sensitive to the needs of the American Indian; and 6) demonstrate an awareness of and sensitivity to the goals of the Poarch Band of Creek Indians.


§3-1-4 APPOINTMENT OF TRIBAL JUDGE

(a) The Tribal Judge shall be appointed by the Tribal Council concurrent with a majority vote of the Tribal Council.

REVISED 2-21-88
INITIALS              
[Initials on original document.]


§3-1-5 OATH OF OFFICE OF TRIBAL JUDGE

(a) On taking office the Tribal Judge shall be administered the following oath:

I, ________________ do solemnly swear or affirm that I will support and defend the Constitution of the United States, and the Constitution of the Poarch Band of Creek Indians; and that I will faithfully, honestly and impartially discharge the duties of the office of the Tribal Judge to the best of my ability, so help me God.


§3-1-6 TERM OF OFFICE

(a) The Tribal Judge shall hold office for a period of four (4) years, unless sooner removed for cause, or by reason of resignation, death, or incapacitation.

(b) The Tribal Judge's term of office can be reconfirmed without limitation by the Tribal Council upon expiration of each four (4) year term.


§3-1-7 DUTIES OF TRIBAL JUDGE

(a) The Tribal Judge shall preside over all civil, criminal, and juvenile actions which come before the Tribal Court of the Poarch Band of Creek Indians.

(b) The Tribal Judge shall have the following additional duties and responsibilities: 1) supervision of trial and appellate dockets and scheduling sessions of the Poarch Creek Indians Tribal Court and Tribal Supreme Court; 2) supervision and maintenance of court records; 3) drafting and promulgating of necessary court procedures or rules of court; 4) monitor the privacy and accuracy of all juvenile records.


REVISED 2-21-88
INITIALS              
[Initials on original document.]


§3-1-8 REMOVAL OF TRIBAL JUDGE

(a) The Tribal Judge may be removed from office by a two-thirds (2/3) vote of the Council Members present at the Tribal Council Meeting but by not less than five (5) votes of the Tribal Council for neglect of duty or gross misconduct.

(b) Should the Tribal Judge be removed from office the vacancy shall be filled for the remainder of the unexpired term by the Tribal Chairman concurrent with a majority vote of the Tribal Council.

(c) Should the Tribal Judge be unable to serve on any particular case due to interest in the outcome or other valid reason the Tribal Chairman shall appoint a temporary Judge from a list of qualified attorney's complied by the Tribal Council to hear the case.


§3-1-9 CIVIL IMMUNITY OF TRIBAL JUDGE IN JUDICIAL CAPACITY

(a) No judge shall be liable in any civil proceeding for any utterances or acts made or done by him in his judicial capacity.


REVISED 2-21-88
INITIALS              
[Initials on original document.]

 


§3-1-10 TRIBAL SUPREME COURT

(a) To be eligible to hold the office of Tribal Chief Justice, a person must: 1) be an attorney licensed to practice law in the state in which they reside; 2) be at least twenty-five (25) years of age; 3) be sensitive to the needs of the American Indian; 4) be of high moral character and integrity, with the ability to maintain confidentiality; 5) be physically able to carry out the duties and responsibilities of the office; 6) be willing to participate in travel and training as deemed necessary; 7) demonstrate an awareness of and sensitivity to the goals of the Poarch Band of Creek Indians. Preference shall be given to enrolled Tribal Members.

(b) To be eligible to hold the office of Tribal Associate Justice, a person must: 1) be an attorney licensed to practice law in the state in which they reside; 2) be at least twenty-five (25) years of age; 3) be sensitive to the needs of the American Indian; 4) be of high moral character and integrity, with the ability to maintain confidentiality; 5) be physically able to carry out the duties and responsibilities of the office; 6) be willing to participate in travel and training as deemed necessary; 7) demonstrate an awareness of and sensitivity to the goals of the Poarch Band of Creek Indians. Preference shall be given to enrolled Tribal Members.


REVISED 11-18-2001
INITIALS              
[Initials on original document.]


§3-1-11 APPOINTMENT OF TRIBAL CHIEF JUSTICE AND TRIBAL ASSOCIATE JUSTICE

(a) The Tribal Judge shall be appointed by the Tribal Council concurrent with a majority vote of the Tribal Council.


§3-1-12 OATH OF OFFICE TRIBAL CHIEF JUSTICE AND TRIBAL ASSOCIATE JUSTICE

(a) On taking office the Tribal Chief Justice and Tribal Associate Justice shall be administered the following oath:

I, __________________________________________________ do solemnly swear or affirm that I will support and defend the Constitution of the United States, and the Constitution of the Poarch Band of Creek Indians; and that I will faithfully, honestly and impartially discharge the duties of the office of the Tribal Chief Justice and Tribal Associate Justice to the best of my ability, so help me God.


REVISED 2-21-88
INITIALS              
[Initials on original document.]


§3-1-13 TERM OF OFFICE OF TRIBAL CHIEF JUSTICE AND TRIBAL ASSOCIATE JUSTICE

(a) The Tribal Supreme Court shall be appointed on a staggered basis with the Tribal Chief Justice being appointed to an initial three (3) year term, one Tribal Associate Justice to an initial two (2) year term and one Tribal Associate Justice to an initial one (1) year term, and, thereafter all members of the Tribal Supreme Court shall be elected to three (3) year terms.


§3-1-14 DUTIES OF TRIBAL CHIEF JUSTICE AND TRIBAL ASSOCIATE JUSTICE

(a) The Tribal Supreme Court shall preside over all cases appealed from Tribal Court and shall render decisions in said appeals no later than one hundred-twenty (120) days from the date of appeal.


REVISED 3-22-02
INITIALS              
[Initials on original document.]


§3-1-15 REMOVAL OF TRIBAL CHIEF JUSTICE

(a) The Tribal Chief Justice may be removed from office by a two-thirds (2/3) vote of the Council Members present at the Tribal Council Meeting but by not less than five (5) votes of the Tribal Council for neglect of duty or gross misconduct.

(b) Should the Tribal Chief Justice be removed from office the vacancy shall be filled for the remainder of the unexpired term by the Tribal Chairman concurrent with a majority vote of the Tribal Council.

(c) Should the Tribal Chief Justice be unable to serve on any particular case due to interest in the outcome or other valid reason the Tribal Chairman shall appoint a temporary Tribal Chief Justice from a list of qualified attorney's complied by the Tribal Council to hear the case.


REVISED 2-21-88
INITIALS              
[Initials on original document.]

 


§3-1-16 REMOVAL OF TRIBAL ASSOCIATE JUSTICE

(a) The Tribal Associate Justice may be removed from office by a two-thirds (2/3) vote of the Council Members present at the Tribal Council Meeting but by not less than five (5) votes of the Tribal Council for neglect of duty or gross misconduct.

(b) Should the Tribal Associate Justice be removed from office the vacancy shall be filled for the remainder of the unexpired term by the Tribal Chairman concurrent with a majority vote of the Tribal Council.

(c) Should the Tribal Associate Justice be unable to serve on any particular case due to interest in the outcome or other valid reason the Tribal Chairman shall appoint a temporary Tribal Associate Justice from a list of qualified attorney's complied by the Tribal Council to hear the case.


§3-1-17 CIVIL IMMUNITY OF TRIBAL CHIEF JUSTICE AND TRIBAL ASSOCIATE JUSTICE IN JUDICIAL CAPACITY

(a) No Tribal Chief Justice or Tribal Associate Justice shall be liable in any civil proceeding for any utterances or acts made or done by either in their judicial capacity.


REVISED 2-21-88
INITIALS              
[Initials on original document.]


§3-1-18 TRIBAL COURT DIRECTOR

(a) The Tribal Court Director shall be hired pursuant to the personnel policies and procedures of the Tribe and shall be supervised by the Tribal Judge as to judicial responsibilities and by the Tribal Administrator as to administrative contract duties/responsibilities.

(b) The Tribal Court Director shall have qualifications as set forth by the Tribe pursuant to its Tribal Court Director Job Description and preference shall be given to enrolled Tribal Members.

(c) The Tribal Court may employ any assistance necessary to carry out the functions of the Court subject to approval by the Tribal Council.


§3-1-19 DUTIES OF TRIBAL COURT DIRECTOR

(a) The Tribal Court Director shall be responsible for the administration of all Tribal Court activities. Specific duties shall include: 1) plan, direct, and supervise activities of the Tribal Court in coordination with the Tribal Judge; 2) perform legal research for the Court, as needed, assist the judge with drafting legal opinions; 3) develop a working relationship with surrounding jurisdictions, and state and federal courts; 4) conduct public relations activities for the Court; 5) train court personnel in legal procedures; 6) maintain the court law library with current and relevant decisions, keep an inventory for all books and periodicals; 7) secure, administer, and monitor operating funds and, money of the Court; 8) draft and present revisions to the Tribal Code to the Tribal Council; 9) receive, review, investigate, and resolve complaints regarding operation of the department; 10) read complaints, administer oaths, collect fines or other sums paid to or by order of the Court; 11) examine legal documents submitted to the Court for adherence to law or court procedures; and 12) perform other duties as assigned by appropriate person.


§3-1-20 CIVIL IMMUNITY OF TRIBAL COURT DIRECTOR IN JUDICIAL CAPACITY

(a) No Tribal Court Director shall be liable in any civil proceeding for any utterances or acts made or done by either in their judicial capacity.


§3-1-21 TRIBAL COURT CLERK

(a) The Tribal Court Clerk shall be hired pursuant to the personnel policies and procedures of the Tribe and shall be supervised by the Tribal Court Director.

(b) The Tribal Court Clerk shall have qualifications as set forth by the Tribe pursuant to its Tribal Court Clerk Job Description and preference shall be given to enrolled Tribal Members.

(c) The Tribal Court may employ any assistance necessary to carry out the functions of the Court subject to approval by the Tribal Council.


REVISED 4-18-99
INITIALS              
[Initials on original document.]

 


§3-1-22 DUTIES OF TRIBAL COURT CLERK

(a) The Tribal Court Clerk shall be responsible for maintaining the official records and coordinating of all court activities. Specific duties shall include: 1) prepare complaints, subpoenas, warrants, and other documents incidental to the lawful function of the Court; 2) attend and keep records of the tribe's Court and the tribe's Court of appeals; 3) read complaints, administer oaths, collect all fines, or other sums paid to or by the order of the Court; 4) schedule all court appearance on behalf of defendants and maintain the calendar of presiding judges and attorneys; 5) act as a liaison between Tribal Court System and the County, State, and Federal Court System; 6) maintain all Tribal Regulations emanating from Tribal Ordinances and Resolutions; 7) coordinate all transcribing of official court proceedings for all appeals; 8) processes and releases defendants and maintain all records; 9) responsible for typing, storing, and retrieval of court pleadings, case dispositions, future court dates, etc.; 10) perform other duties as assigned by appropriate person.


§3-1-23 CIVIL IMMUNITY OF TRIBAL COURT CLERK IN JUDICIAL CAPACITY

(a) No Tribal Court Clerk shall be liable in any civil proceeding for any utterances or acts made or done by either in their judicial capacity.


REVISED 4-18-99
INITIALS              
[Initials on original document.]


§3-1-23 COURT SCHEDULE

(a) The Tribal Court shall meet on the first and third Friday of each month or if necessary, in a special session at the call of the Tribal Judge.

(b) Tribal Court shall begin promptly at 9:00 a.m. unless otherwise noted and shall continue as long as deemed necessary to insure the lengths of justice are served to all people. If scheduled cases cannot be completed on the date set, the presiding Tribal Judge or Tribal Justice shall determine if Court is to continue the following day(s) or whether the remaining cases shall be continued until the next regularly scheduled court date.


REVISED 1-1-93
INITIALS              
[Initials on original document.]

 

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