Section TCT.01.07 — Judiciary Commission

(a) Establishment. As authorized under Article IV, Section 3 of the Stockbridge-Munsee Constitution, the Tribal Council establishes a Judiciary Commission.

(b) Delegation of Authority.

(1) Selection of Judges. The Tribal Council delegates the authority to select qualified individual(s) to serve as Judge to the Judiciary Commission.

(2) Assessment of Qualifications. The Tribal Council delegates the authority to assess the qualifications of persons who wish to be elected as Chief Judge to the Judiciary Commission.

(3) Regulation of Judicial Misconduct. The Tribal Council delegates the authority to regulate judicial misconduct by the Chief Judge or Judge(s), including disciplinary measures up to and including the removal from office, to the Judiciary Commission.

(4) Scope of Authority. The scope of this delegation of authority is limited to the purpose of fulfilling the role identified for the Judiciary Commission and to actions that are undertaken in compliance with all applicable laws.

(1) Qualifications. All members of the Judiciary Commission shall meet the following qualifications:

(A) Be an enrolled member of the Tribe;

(B) Be at least 25 years of age;

(C) Not be a current member of the Tribal Council, a Tribal Judge or a Tribal Court clerk or employed by the Tribe in the Legal Department or as a tribal law enforcement officer;

(D) Be familiar with the judicial process; and

(E) Not have been convicted of, or entered a plea of no contest to, any felony.

(2) Term. Members of the Judiciary Commission shall serve staggered, five (5) year terms. In order to establish staggered terms, if more than three (3) individuals are elected to serve on the Judiciary Commission in a single year, then two (2) of the newly elected members shall instead serve a three (3) year term with those members being selected by lot.

(3) Election. Individuals shall be elected to serve as a member of the Judiciary Commission by majority vote of tribal members eligible to vote.

(A) Elections shall be held as part of the regularly scheduled tribal elections with the individuals who get the most votes filling vacant seats.

(B) Individuals interested in running to be a member of the Judiciary Commission shall submit a sworn and signed affidavit to the Tribal Secretary at least one (1) month prior to the election verifying that they meet the qualifications to serve on the Judiciary Commission and therefore are eligible to have their name on the ballot.

(C) The verification of eligibility is subject to confirmation by the Tribal Council or its designee. If the verification of eligibility cannot be confirmed, then the name of that individual shall not be on the ballot.

(4) Removal. The Tribal Council retains the authority to remove members of the Judiciary Commission for neglect of duty, gross misconduct or the failure to retain eligibility to serve on the Judiciary Commission.

(A) An individual may only be removed from the Judiciary Commission by an affirmative vote of five (5) members of the Tribal Council in support of removal at a Tribal Council meeting.

(B) The individual must be given a full and fair opportunity to reply to any and all charges at a designated Tribal Council meeting prior to the Tribal Council's vote on removal.

(C) The individual must have at least ten (10) days prior notice of the charges and the date when the Tribal Council will be meeting to discuss the charges and vote on removal.

(5) Vacancy. In the event that a member of the Judiciary Commission should die, resign or be removed from office, the Tribal Council shall declare the seat vacant. The Tribal Council retains the authority to appoint another eligible tribal member to fill the vacant seat until the next regularly-scheduled tribal election.

(6) Practice before the Court. Members of the Judiciary Commission are prohibited from practicing before the Tribal Court for the duration of their membership on the Judiciary Commission.

(7) Conflict of Interest. Members of the Judiciary Commission shall recuse themselves from all matters where they have or could be perceived to have a conflict of interest.

(d) Powers and Responsibilities.

(1) Selection of Judges. The Judiciary Commission shall select qualified individuals to be hired as Tribal Judges.

(A) When there is an opening for a Judge, the Judiciary Commission shall work with the Tribe's Human Resources Department to post for applications for the position of Judge in the Trial Court.

(B) The Judiciary Commission shall review all applications to assess whether applicants should be granted an interview.

(C) The Judiciary Commission shall conduct interviews to assess qualifications and select a qualified individual, as well as alternates if appropriate, who shall be offered the position of Judge.

(D) The Tribe's Human Resources Department shall work with the Judiciary Commission throughout the hiring process and provide administrative support to implement the hiring process in accordance with tribal law and policies.

(E) Although the Tribe employs Judges, it does so as a ministerial act.

(2) Verification of Eligibility for Election as Chief Judge. The Judiciary Commission shall have the final authority to assess and verify whether a Stockbridge-Munsee tribal member is qualified to stand for election as Chief Judge consistent with Section TCT.01.08.

(3) Administer Judicial Qualification Exam. The Judiciary Commission shall offer the judicial qualification exam provided for under Section TCT.01.06(C)(1)(B) at least annually. The Judiciary Commission shall be responsible to ensure that the examination is proctored appropriately and is graded by someone who is competent to do so.

(4) Meet with the Court. The Judiciary Commission shall periodically meet with the Chief Judge and Judges for general discussions about judicial conduct, the role of the Tribal Court System and court operations. Discussion of specific cases currently active before the Tribal Court System is prohibited.

(5) Administer Complaints. The Judiciary Commission shall accept complaints about judicial misconduct and, when appropriate, investigate such complaints.

(A) The Judiciary Commission has the authority to conduct investigatory hearings and subpoena witnesses as part of such investigations.

(B) The Judiciary Commission shall conduct investigations in a confidential manner.

(C) The Judiciary Commission shall provide the judge accused of judicial misconduct with a full and fair opportunity to provide a defense as part of any investigatory process.

(D) At the conclusion of any investigation, the Judiciary Commission shall issue a written report documenting its investigation and determination, including any judicial disciplinary measures, to the judge accused of misconduct.

(E) The Judiciary Commission shall maintain a record of its investigations and any disciplinary actions issued. Once the investigation is complete, the record shall be turned over to the Tribal Council to be maintained in a secure fashion. The Judiciary Commission may seal an investigatory record when it determines it is appropriate.

(6) Discipline Judges. The Judiciary Commission shall discipline a judge when it determines judicial discipline is warranted by vote of at least three (3) members.

(A) Judicial discipline is warranted when the Judiciary Commission has found, after a hearing on the matter in which the Chief Judge or Judge has received notice and an opportunity to be heard, that the Chief Judge or a Judge has failed to perform any of the duties and responsibilities provided for in Section TCT.01.10 of these rules or has violated any provision of the Ethical Code for Judges.

(B) Potential disciplinary actions may include the issuance of a confidential caution letter, admonishing a judge publicly, censuring a judge publicly, removal from a case, suspension from the bench or removal from the bench.

(D) The Tribe shall, as a ministerial act, take such actions as necessary to implement the judicial disciplinary measures.

(7) Recommendations to the Tribal Council. The Judiciary Commission shall provide recommendations and advice to the Tribal Council about matters relating to the Tribal Court.

(8) The Judiciary Commission shall approve the content of all continuing education courses required for Chief Judges and Judges, Guardians ad Litem and Lay Advocates.

(9) The Judiciary Commission shall act in accordance with the general responsibilities of all Stockbridge-Munsee tribal committees and any properly adopted Judiciary Commission By-laws.