Section TCT.01.09 — The Court Of Appeals

(a) Jurisdiction. The Court of Appeals shall have jurisdiction to hear appeals from the Stockbridge-Munsee Community Tribal Court Division, unless otherwise restricted by Stockbridge-Munsee Community Tribal Code.

(b) Composition. The Stockbridge-Munsee Court of Appeals is the appellate body for the Stockbridge-Munsee Community. Panels shall be composed of three appellate justices appointed by the Stockbridge-Munsee Tribal Council, with one serving as the Chief Justice of the Court of Appeals. The Court of Appeals shall not include any judge of the Stockbridge-Munsee Trial Court Division.

(c) Selection of Justices. Appellate Panel shall be selected by the Stockbridge-Munsee Tribal Council. The Stockbridge-Munsee Tribal Council shall contract with the Appellate Justices.

(d) Length of Appointment. Appellate justices shall be appointed by the Stockbridge-Munsee Tribal Council for a three-year term. During that three-year term, the position of Chief Justice of the Appellate Court will rotate and each appellate justice will serve one year as the Chief Justice of the Appellate Court. The Appellate Panel will determine who serves as Chief Justice.

(e) Qualifications of Appointees:

(1) An attorney in good standing and licensed to practice law in a court of last resort of a state and whose experience demonstrates extensive knowledge of Indian law.

(2) Must demonstrate a working knowledge of the laws and ordinances of the Stockbridge-Munsee Community and knowledge of the Stockbridge-Munsee Community Tribal Court.

(f) Compensation. Appellate Justices shall be compensated at a rate as determined by the Stockbridge-Munsee Tribal Council.

(g) Appeal Types.

(1) Presiding Appellate Judge. When an appeal is submitted pursuant to Section TCT.02.22, the Chief Justice of the Appellate Panel shall solely preside over that appeal, unless there is a conflict in which case the Chief Justice shall be responsible for assigning the appeal to another member of the Appellate Panel.

(2) En Banc Panel. An en banc panel shall be composed of all three Appellate Justices of the Stockbridge-Munsee Court of Appeals.

(A) A party to an appeal and/or the Chief Justice may request an en banc panel be empaneled to preside over an appeal in lieu of the Chief Justice solely presiding.

(B) Once an appeal is decided by the presiding Appellate Judge, a party to an appeal has the right to request a final appeal be heard by an en banc panel of the three Appellate Justices pursuant to Section TCT.02.22(a). The Court has discretion as to whether to grant the request. The Court's determination is final.

(3) The Court of Appeals has discretion to hear or dismiss appeals that come before it in accordance with tribal law.

(4) Errors of law will be reviewed de novo with no deference to the Trial Court's holding. Errors of fact will be reviewed based on whether there is substantial evidence to support the finding. Judicial rulings in discretionary matters are reviewed based on whether there was an abuse of discretion. Errors that are not likely to have had a substantial impact on the decision or on substantial rights are considered "harmless errors" and are not a basis for reversal.

(5) Decisions of the Court of Appeals shall be entered with the Clerk of Court and are final.