Section TCT.03.05 — Justices Of The Stockbridge-Munsee Court Of Appeals
(a) Panels of the Stockbridge-Munsee Court of Appeals. Any civil decision involving a requested judgment amount of over $25,000.00 or any decision stemming from a civil jury verdict, child custody/adoption, tribal membership standing, constitutional questions or tribal elections shall be considered by a panel of at least three (3) justices.
(b) Single Justice Decisions.
(1) Any decision originating from bench trial civil matter judgments with a potential liability amount below $25,000.00, may be heard by a single justice.
(2) While a decision by a single justice may be persuasive authority, said decision shall not be considered binding precedential authority in either the Stockbridge-Munsee Tribal Court or the Stockbridge-Munsee Court of Appeals.
(3) A party dissatisfied with the decision of a single justice opinion may petition for en banc review pursuant to Rule 4(C) and 4(D) below within ten (10) days of a decision by a single justice being rendered.
(c) En Banc Review.
(1) At the discretion of the majority of all of the justices of the Stockbridge-Munsee Court of Appeals, any pending appeal may be considered by the entire membership of the Stockbridge-Munsee Court of Appeals.
(2) This procedure will be used to resolve important questions of law or resolve apparently conflicting opinions of differing panels of the Stockbridge-Munsee Court of Appeals.
(3) Any party dissatisfied with the decision of a single justice decision may petition the Stockbridge-Munsee Court of Appeals for en banc review.
(4) En banc review shall be decided by a majority vote of the Stockbridge-Munsee Court of Appeals and the grant or denial of en banc review is in the sole discretion of Stockbridge-Munsee Court of Appeals.
(d) Petitions to Rehear.
(1) Petitions to rehear, other than en banc review, are discouraged, but shall be decided in the sole discretion of the justice of the Stockbridge-Munsee Court of Appeals that heard the original appeal.
(2) Petitions to rehear must be filed within ten (10) days of a panel's decision being rendered.
(e) Recusal/Pro Tem Justice.
(1) In the event that a justice of the Stockbridge-Munsee Court of Appeals must recuse themselves from a pending appeal, the Chief Justice, may in his/her discretion, order the appeal to be heard by only two (2) justices or the Chief Justice may appoint a licensed attorney to sit on a pro tem basis for a single case, on the same payment terms as a regularly sitting justice.
(2) If the recusal involves a single justice appeal, the recused justice shall not sit on the case if en banc review is granted and the presiding justice on the en banc review is authorized to proceed as discussed in this rule to fill the recused justice's position for said appeal.
