CHAPTER 101

COURTS

101.01                         Red Lake Court of Indian Offenses

Subdivision 1. Creation of Court. There is hereby established the Red Lake Court of Indian Offenses as a court of record. References throughout this Code to the word "Court" shall mean the Red Lake Court of Indian Offenses.

Subdivision 2. Composition. The Court shall consist of a Chief Judge and two Associate Judges, each of whom shall be appointed and whose duties shall be regular and permanent. Additional Associate Judges may be appointed, from time to time, as may be necessary to carry on the business of the Court.

Subdivision 3. Records of Court. The Court shall keep a record of all proceedings of the Court, showing the title of the case; the names and addresses of the parties; the substance of the complaint; the dates of hearings or trials; the name of the judge; the verdict of the jury and the judgment; the preservation of testimony for the perpetual memory by electronic recording or otherwise, together with any other facts or circumstances deemed of importance to the case.

Subdivision 4. Rules of Court. The Chief Judge and Associate Judges may prescribe written rules for the Court consistent with the provisions of this Code.

Subdivision 5. Services to the Court. The Court may request and utilize social services, health, educational or other professional services of tribal employees and others.

101.02                         Creation of Red Lake Court of Appeals

Subdivision 1. There is hereby created the Red Lake Court of Appeals of the Red Lake Band of Chippewa Indians. References throughout this Code to the words "Court of Appeals" shall mean the Red Lake Court of Appeals.

Subdivision 2. Composition. The Court of Appeals shall consist of the Chief Judge and two Associate Judges of the Red Lake Court of Indian Offenses. At any particular hearing before the Court of Appeals three Judges shall be present to hear and determine the appeal, none of whom shall have been the Judge that decided or was involved in the case being appealed at the trial level and none of whom shall be related to the parties involved in the appeal in a relationship closer than a third cousin.

Subdivision 3. Jurisdiction of the Court of Appeals. The Court of Appeals shall have exclusive jurisdiction of all appeals form final orders and judgments of the Red Lake Court of Indian Offenses. The Court of Appeals or the Chief Judge alone, shall have jurisdiction:

      a)              To take all steps necessary to preserve and protect the jurisdiction of the Court.

      b)              During the pendency of any appeal, to release the appellant on his/her own recognizance or on bail pursuant to this Code.

      c)              To make any order appropriate to preserve the status quo or to protect any ultimate judgment of the Court of Appeals.

Subdivision 4. Records of Court of Appeals. The Court of Appeals shall keep a record of all proceedings of the Court, showing the title of the case, the names and addresses of all parties, the briefs, the date of any oral argument, the names of the Justices who heard and decided the case, and the judgment, together with any other facts and circumstances deemed of importance to the case.

Subdivision 5. Appellate Powers. The Court of Appeals shall have appellate jurisdiction in all cases, but there shall be no trials, by jury or otherwise, in the Court of Appeals. The decision of the Appellate Court shall be final.

Subdivision 6. Terms of Court. If the business of the Court of Appeals so requires, the Court of Appeals shall hold up to four terms of court per year as designated by the Chief Justice. The terms of court shall begin on the first Monday of February, the first Monday of May, the first Monday of August and the first Monday of November, unless any such Monday is a legal holiday. The Court of Appeals shall dispose of all appeals on the docket before it ends the term. The Chief Justice, on his/her own initiative, may convene special terms of the Court of Appeals at such time and places as may be necessary in the interest of justice.

101.03                         Right of Appeal

The Court of Appeals shall have jurisdiction to hear and determine appeals from any final judgment of the Red Lake Court of Indian Offenses in civil or criminal cases. Appeals shall be taken as provided in Sections 101.04 and 101.05.

101.04                         Procedure on Appeal of Criminal and Civil Cases

Subdivision 1. An appeal must be taken within fifteen (15), days from the judgment appealed from by filing a written notice of appeal with the Clerk of the Red Lake Court of Indian Offenses. Upon request, the Clerk of the Red Lake Court of Indian Offenses shall prepare the Notice of Appeal.

Subdivision 2. The Notice of Appeal shall contain the following information:

a)        The name of the party or parties making the appeal; and

            b)        Identification of the judgment of the judgment or portion of the judgment being appealed; and

            c)        A short statement of the reasons for the appeal.

The Clerk of the Red Lake Court of Indian Offenses shall mail a copy of the Notice of Appeals to all parties other than the party or parties making the appeal.

Subdivision 3. The party making the appeal shall be designated as the appellant. All other parties shall be designated as the respondents.

Subdivision 4. In criminal cases, the defendant may be continued on release or be released on bail as provided in Section 404.02 of this Code by the Red Lake Court of Indian Offenses. In connection with an appeal being filed, the appellant may petition the Court of Appeals, or the Chief Justice thereof, to review any decision of the Red Lake Court of Indian Offenses taken under this Subdivision.

Subdivision 5. In civil cases, the appellant may request the Red Lake Court of Indian Offenses to stay the judgment pending action on the appeal and either party may request the Red Lake Court of Indian Offenses to grant or stay an injunction pending an appeal. The Red Lake Court of Indian Offenses may, as a condition to granting a stay pending the outcome of an appeal, require the depositing of cash, or a bond or other form of security which is satisfactory to the Red Lake Court of Indian Offenses. The conditions of the cash deposit, bond or other security shall be the payment of all costs and disbursements awarded against the Respondent as a consequence of the appeal and the obedience to and satisfaction of the order or judgment which the Court of Appeals may give if the judgment from which the appeal is taken is affirmed or if the appeal is dismissed. The appellant may petition the Court of Appeals or the Chief Justice thereof, to review any decisions of the Red Lake Court of Indian Offenses under this Section.

Subdivision 6. Any surety to a bond thereby submits himself/herself or itself to the jurisdiction of the Red Lake Court of Indian Offenses and irrevocably appoints the Clerk of the Red Lake Court of Indian Offenses as his or her agent upon whom papers affecting his or her liability on the bond may be served. The liability of a surety may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Red Lake Court of Indian Offenses who shall forthwith mail copies of the same to the surety at its last known address.

101.05                         Record on Appeal

Within five (5) days after a Notice of Appeal is filed, the Clerk of the Red Lake Court of Indian Offenses shall certify and file with the Court of Appeals all papers, documents, exhibits and recordings which comprise the record of the case.

101.06                         Briefs or Memoranda

Subdivision 1. Within fifteen (15) days after the Notice of Appeal is filed, the appellant may file a written brief, memorandum or other statement supporting the position of the appellant's appeal. An original and three (3) copies of the same shall be filed with the Court of Appeals who shall then mail one (1) copy to each respondent by certified or registered mail with return receipts requested. The Return receipt shall be filed with the Court of Appeals.

Subdivision 2. Within Thirty (30) days after the Notice of Appeal is filed, the respondent

may file with the Court of Appeals a written brief, memorandum or other statement supporting the position of the respondent on the appeal. An original and three (3) copies of the same shall be filed with the Court of Appeals who shall then mail one copy to each appellant by certified or registered mail with return receipt requested. The return receipt shall be filed with the Court of Appeals. No further briefs, memoranda or statements shall be allowed without leave of the Court of Appeals.

Subdivision 3. With leave of the Court of Appeals and in the interest of justice the time periods set forth in this section may be altered.

101.07                         Oral Arguments

The Court of Appeals, in its discretion and upon the request of any party to the appeal may assign cases for oral argument before the Court of Appeals. Cases in which any of the parties have failed to file a written statement of their position on appeal shall be assigned for oral argument. Those cases not assigned for oral argument may be disposed of on the briefs without oral argument.

101.08                         Separate Docket for Court of Appeals

A separate docket shall be maintained for the Court of Appeals in which all actions taken at each stage of the proceedings in the Court of Appeals shall be recorded.

101.09                         Rules of the Court of Appeals

Written rules of the Court of Appeals consistent with the provisions of this Code may be prescribed by the Justice of the Court of Appeals subject to the approval of the Tribal Council of the Red Lake Band of Chippewa Indians.