Section TCT.01.11 — Tribal Court System Personnel And Practice Before The Tribal Court System

(a) Tribal Prosecutor. The Tribal Council shall appoint a person or persons to represent the Stockbridge-Munsee Community in prosecuting cases before the Tribal Court System.

(1) The Prosecutor shall be appointed by the Tribal Council pursuant to tribal personnel policy.

(2) The Prosecutor may be removed for cause by the Tribal Council upon 5/7 vote of the Council.

(3) The Prosecutor shall have the power to issue complaints on the basis of his/her own investigation or on the basis of information furnished by enforcement officers or others.

(4) The Prosecutor shall have discretion to decline to prosecute an action where he/she shall find that there is not sufficient justification for the complaint.

(5) The Prosecutor shall represent the people of the Stockbridge-Munsee Community in all proceedings in the Tribal Court System in which the Tribe is a party, acting on their behalf and in their best interests.

(6) The Prosecutor shall be empowered to establish policies and procedures not inconsistent with tribal law necessary to carry out the duties of office.

(7) The Prosecutor shall receive such compensation as shall be set by the Tribal Council.

(8) An attorney from the Stockbridge-Munsee Legal Department may serve as Prosecutor and his or her regular salary shall constitute compensation by the Tribal Council.

(9) A special prosecutor may be retained by the Tribal Counsel to prosecute cases involving a member of the Tribal Council or if the Prosecutor and all in-house attorneys are unable to represent the Tribe in a case.

(b) Clerk of Court. The Chief Judge shall hire one individual to serve as Clerk of Court and may hire additional Deputy Clerks of Court as necessary. The job description for the Clerk of Court and Deputy Clerk shall be approved by the Tribal Council and shall not be subject to change by the Chief Judge. The Chief Judge shall consult with the Tribe's Human Resources Department when hiring a Clerk of Court or Deputy Clerk.

(1) The Clerk of Court or any Deputy Clerk of Court shall not have been convicted of, or entered a plea of no contest to, any felony and shall obtain an Elder Youth License from the Tribe prior to the start of employment.

(2) In addition to the duties the Clerk of Court shall comply with in the job description for the position, the Clerk of Court shall have a statutory duty to perform the following tasks:

(A) Schedule and prepare the courtroom for every proceeding and maintain and enforce courtroom protocols.

(B) Develop and maintain and up-to-date list of all lay advocates, attorneys, peacemakers, and guardians ad litem.

(D) Ensure timely delivery of all orders and judgments of the Tribal Court System to appropriate parties and entities.

(3) The Clerk of Court or any Deputy Clerk of Court shall not practice law as a lawyer or an advocate before the Tribal Court System, shall not act as a peacemaker under the Peacemaker Ordinance, and shall not serve on the Tribal Council while Clerk of Court or Deputy Clerk of Court.

(c) Guardians ad Litem and Lay Advocates. The Clerk of Court shall maintain a list of all individuals approved by the Tribal Court System to act as guardian ad litem and lay advocate. In order to serve as guardian ad litem or lay advocate, an individual must be approved by the Chief Judge and must meet the following qualifications:

(1) A Guardian ad Litem must hold an elder youth license pursuant to tribal law, and a lay advocate must hold an elder-youth license prior to representing any client in a case involving Chapter YAE.01, Chapter YAE.02, Chapter YAE.04, Chapter YAE.06, Chapter EDU.02, Chapter YAE.07, Chapter YAE.08, or Chapter YAE.11 of Stockbridge-Munsee tribal law;

(2) Demonstrate successful completion of a Guardian ad Litem or Lay Advocate training course within the prior year from a training program approved by the Judiciary Commission;

(3) Be licensed to practice before the Tribal Court System.