Section GOV.03.18 — Tribal Court Authority To Hear Appeals

(a) The Stockbridge-Munsee Tribal Court shall have the authority to directly hear any election challenges that exceed the Election Board's authority to hear procedural challenges under Section GOV.03.17. Any direct action to the Tribal Court shall follow the procedure outlined under this Section.

(b) The Stockbridge-Munsee Tribal Court shall also have the authority to function as an appellate court for Election Board decisions when the candidate has asserted the Election Board made an error of law or fact or has abused its discretion.

(c) Direct actions and appeals to the Tribal Court must be filed within three (3) working days of the date that the affected candidates are notified of the Election Board decision or the certification of election results. The tribal member filing the appeal shall also serve timely notice of the appeal on the Election Board judge and on all other affected candidates on the ballot in accordance with tribal rules of procedure.

(d) Such notice must identify with specificity the basis for the direct action or appeal under this Ordinance or other violation of law committed during the election.

(e) Within three (3) working days of the filing of an appeal or direct action, the Tribal Court shall hold a scheduling conference.

(1) The Tribal Court shall schedule a substantive hearing on the dispute within ten (10) working days.

(2) The Tribal Court shall issue a written decision within seven (7) working days of the conclusion of the substantive hearing.

(f) For direct action claims heard by the Tribal Court under this section, decisions of the Tribal Court may be appealed to the Stockbridge-Munsee Court of Appeals.

(1) The appellant shall have five (5) working days after the Tribal Court's decision to file the notice of appeal.

(2) The appellant shall have ten (10) working days to file a brief in support.

(3) The appellee shall have ten (10) working days to file a response brief.

(4) The Court of Appeals shall have five (5) working days to determine whether oral argument is required and issue notice of the determination. If oral argument is required, then the Court of Appeals shall schedule the oral argument within ten (10) days of the notice.

(5) The Court of Appeals shall have ten (10) working days to issue a decision after the later of the notice of no oral argument or the oral argument.

(g) Court proceedings under this ordinance shall be conducted consistent with tribal law, including Chapter TCT.02, except as superseded by this Ordinance.

(h) The administrative record for appeals of Election Board decisions shall be limited to the evidence considered by the Election Board in reaching the challenged decision and the decision itself.