Section TCT.01.06 — The Trial Court

(a) Establishment of the Trial Court. The Tribal Council does hereby establish for the Stockbridge-Munsee Community a court to be known as the Trial Court. The Trial Court shall consist of at least one Chief Judge and one or more Judge(s).

(b) Jurisdiction.

(1) Subject Matter Jurisdiction. The Trial Court shall be a court of general jurisdiction with the power to hear cases pursuant to the laws of the Stockbridge-Munsee Community. The Trial Court shall have the power to decide issues of both fact and law. The Trial Court shall act as an appellate review body for decisions made by Tribal administrative boards and shall hear appeals from such administrative bodies in accordance with Tribal laws. The Trial Court shall be the final arbiter of any appeal of an administrative body decision.

(2) Territorial Jurisdiction. The territorial jurisdiction of the Tribal Court System shall extend to all territory described as Indian Country within the meaning of Section 1151 of Title 18 of the United States Code over which the Stockbridge-Munsee Community has authority, including tribal or individual, trust, non-trust and restricted land, and including all land owned by tribal agencies in their own name, and any other such land, or interest in land, which may be subsequently acquired by virtue of Executive Order, a declaration or regulation of the United States Department of Interior, a declaration or order of any Court of competent jurisdiction, by purchase, gift, relinquishment, or by any other lawful means.

(3) Personal Jurisdiction. Personal jurisdiction shall exist over all defendants served within the territorial jurisdiction of the Tribal Court System, or served anywhere in cases arising within the territorial jurisdiction of the Stockbridge-Munsee Community, and over all persons consenting to such jurisdiction.

(c) Qualifications of Judges. The Chief Judge and all other Judges must be qualified to either be duly-elected or to be hired by the Judiciary Commission.

(1) A Chief Judge and Judge shall meet the following qualifications:

(A) be at least thirty-five (35) years of age.

(B) complete an examination approved by the Tribal Council with at least 75% proficiency.

(C) have demonstrated knowledge of Federal Indian Law.

(D) successfully obtain an Elder-Youth License pursuant to Chapter YAE.10.

(E) be mentally competent.

(F) have demonstrated experience with the law and dispute resolution.

(G) shall not have been convicted of, or entered a plea of no contest to, any felony.

(2) The Judiciary Commission may consider the following skills as preferential when hiring a Judge:

(A) Knowledge of Stockbridge-Munsee Tribal customs.

(B) A bachelor's degree or a master's or other advanced degree.

(C) Previous experience as a judge in a court of general jurisdiction.

(3) The Employee Preference Policy Ordinance (Chapter EMP.02) shall apply to the hiring of any Judge.

(4) No person shall serve as Chief Judge or Judge while serving as a member of the Tribal Council or while employed by the Stockbridge-Munsee Community or its enterprises in another capacity.

(d) Substitute Judges. In any case where the Chief Judge and all Judges are prevented from presiding by virtue of disqualification, illness, or absence, the Clerk of Court shall contact the Wisconsin Tribal Judges Association (WTJA) to request that the WTJA provide a Substitute Judge who shall be selected in accordance with WTJA policies and procedures from the WTJA judges available to serve as a Substitute Judge for the Trial Court. After the Substitute Judge is selected by WTJA, the Substitute Judge must then be approved and appointed to the case by the Chief Judge in a timely fashion. Approval of Substitute Judge by the Chief Judge is a ministerial act.