Section TCT.01.05 — Definitions

(a) AUTHORIZED ENFORCEMENT OFFICER(S): Stockbridge-Munsee Community tribal law enforcement officers and such other enforcement officers as may be recognized by the Tribe.

(b) CHIEF JUDGE: A person who meets the qualifications listed in Section TCT.01.06 and who has been elected by the Stockbridge-Munsee Community in accordance with tribal law. In the absence of a duly-elected Chief Judge, another sitting Judge shall be appointed to fulfill the duties of Chief Judge by the Tribal Council until the election of a Chief Judge.

(c) CONTEMPT OF COURT: Disorderly or insolent behavior committed during a Tribal Court System proceeding, including the willful refusal of an individual to be sworn as a witness, or willful disobedience of a lawfully-issued order of the Tribal Court System.

(d) DECISION: A written determination of the Tribal Court System following the Tribal Court System's review of the facts and law.

(e) IMMEDIATE FAMILY: The person's spouse or partner and the people within the following degree of kinship of the person or the person's spouse or partner: parents, grandparents, foster parents, children, foster children, grandchildren, foster grandchildren, brothers, sisters, aunts and uncles, nieces and nephews or the spouses or partners of all such persons.

(f) JUDGE: A person who meets the qualifications listed in Section TCT.01.06 and who has been hired by the Judiciary Commission.

(g) JUDICIARY COMMISSION: An elected body established under Section TCT.01.07 that is responsible for fulfilling the responsibilities outlined in this ordinance.

(h) ORDER: Written direction of the Tribal Court System which determines the outcome of a motion. An order shall either grant or deny, in whole or in part, the relief requested in a motion.

(i) STOCKBRIDGE-MUNSEE COMMUNITY LAW OR TRIBAL LAW: The Stockbridge-Munsee Community Tribal Constitution and all codes, ordinances, regulations and policies duly adopted by Tribal Council resolution. Tribal custom may constitute Stockbridge-Munsee Community Law or Tribal Law only in the absence of an applicable Constitutional provision, code, ordinance, regulation, or policy.

(j) STOCKBRIDGE-MUNSEE COMMUNITY OR "TRIBE": The Stockbridge-Munsee Community, unless the context in which "Tribe" is used clearly indicates otherwise.

(k) SUBSTITUTE JUDGE: A judge of any tribal court, qualified through training, education or experience that is selected in accordance with this Ordinance and appointed by the Chief Judge to preside over a Tribal Court System proceeding when all Judges are unavailable due to absence or disqualification. Substitute judges shall not be held to meet required qualifications as set out in Section TCT.01.06(c).

(l) VIOLATION NOTICE. An order, issued by authorized law enforcement personnel to a suspected violator in connection with a violation of tribal law, to appear before the Stockbridge-Munsee Tribal Court at a later date; commonly known as a citation or notice of infraction.