Resolution No. 037-16 — Tribal Court Code

Legislative History

Tribal Council, on March 17, 2015, posted for comment whole-scale revisions amending the Court Code by adding a new Section TCT.01.07 to creating an elected Judiciary Commission responsible for selection of judges and judiciary oversight; removing Section TCT.01.06.5, Section TCT.01.07, Section TCT.01.10, Section TCT.01.11, Section TCT.01.13. Section TCT.01.14, Section TCT.01.15, Section TCT.01.16, 1.17, 1.18, 1.19, 1.20, 1.29, Section TCT.01.03, 1.31.5, 1.32, 1.33 and 1.34 to be addressed in a new civil procedure ordinance; as well as amending and renumbering the remaining sections. Following review of comments, the Tribal Council made additional amendments to provide for a process for the direct election of the Chief Judge, clarifying revised requirements for judicial office and court personnel (including implementation of such requirements), providing due process when the Judiciary Commission disciplines judges, addresses court funding and fees, and clarifying contempt of court. These additional amendments were posted for comment on January 19, 2016. On March 15, 2016, the Tribal Council by Resolution No. 037-16 adopted amendments to Chapter TCT.01, Court Code, that made the following whole-scale changes:

Repealed the existing headings and sections of the ordinance other than Section TCT.01.01, Section TCT.01.03, Section TCT.01.12, 1.21, 1.23, 1.24, 1.28 and 1.35.
Removed Section TCT.01.06.5, Section TCT.01.07, Section TCT.01.10, Section TCT.01.11, Section TCT.01.13. Section TCT.01.14, Section TCT.01.15, Section TCT.01.16, 1.17, 1.18, 1.19, 1.20, 1.29, Section TCT.01.03, 1.31.5, 1.32, 1.33 and 1.34 to be addressed in Chapter TCT.02, Civil Procedure Ordinance.
Renumbered sections and updated terminology throughout entire document.
Adopted new Section TCT.01.03, Section TCT.01.04, Section TCT.01.05, Section TCT.01.06, Section TCT.01.09, Section TCT.01.11, Section TCT.01.14 and Section TCT.01.15 that are amended versions of prior court code language.
Adopted new Section TCT.01.07 establishing an elected Judiciary Commission, who is responsible for selection of Judges (other than Chief Judge) and judiciary oversight.
Adopted new Section TCT.01.08 providing for direct election of a Chief Judge.
Adopted new Section TCT.01.10 outlining judicial duties and responsibilities.
Adopted new Section TCT.01.13 addressing contempt of court authority.
Adopted new subsections TCT.01.16(a)(1)(A)-(b) addressing implementation of the amendments.

Per Section TCT.01.16(a), which was retained and was Section 1.35(A) prior to renumbering, this ordinance is effective upon enactment by the Stockbridge-Munsee Community without further review by the Secretary of Interior. Posting of revised ordinance withheld pending approval of a new Chapter TCT.02, Civil Procedure Ordinance, that moved civil procedure sections to new ordinance. New Chapter TCT.02 approved by the BIA on August 3, 2017.

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Resolution No. 037-16 — Tribal Court Code

Law Information

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Effective

Adopted