CHAPTER 102

PERSONNEL OF THE COURT SYSTEM

102.01                         Qualification of Justices and Judges

Subdivision 1. In order to be eligible to hold the office of Justice or Judge, a person:

      a)              Must be twenty-five (25) years of age or older; and

      b)              Must be of high moral character and integrity; and

      c)              Must have never been convicted of a felony; and

      d)              Must be a high school graduate or its equivalent; and

      e)              Must be physically able to carry out the duties of the office; and

      f)               Must be learned in the laws and customs of the Red Lake Band of Chippewa Indians.

Subdivision 2. Further Qualifications for appointment include:

      g)              Must be a member of the Red Lake Band of Chippewa Indians; and

      h)              Must be a resident of the Red Lake Indian Reservation; and

      I)               Must be able to understand and speak the Chippewa language and the English language.

      Upon declaration through resolution by the Red Lake Tribal Council, that exigent circumstances warrant such action, the Red Lake Tribal Council may waive any/or all of the qualifications listed in this subdivision.

(Section 102.01 Subdivision 2 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)

102.25                         Temporary Judicial Appointments

      As the need arises, the Tribal Council may appoint Judges or Justices on a temporary basis, for a specified length of time and purpose.

(Section 102.25 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)

102.02                         Appointment of Justice and Judges

Each Justice and Judge shall be appointed by the Tribal Council for a term of four (4) years. They shall hold office during the term for which they are appointed or until they resign, retire or are removed pursuant to this Chapter.

In the absence of formal re-appointment, judges who have served until the end of their term shall continue on in their capacity until the Council makes a formal appointment.

Judges serving in this continuing capacity may either be formally re-appointed or be removed without cause at any time following the expiration of their term.

Judges who are not re-appointed or removed within one year of the expiration of their term, shall be considered to have been re-appointed, effective the date of their expiration of the earlier term.

(Section 102.02 amended to the Tribal Code by Resolution No. 162-92, dated May 12, 1992)

(Section 102.02 amended to the Tribal Code by Resolution No. 245-95, dated November 14, 1995)

102.03                         Duties of Justices and Judges

Subdivision 1. The Justice and Judges shall administer justice and discharge all duties imposed upon them by the Tribal Code, Constitution, Ordinances and Laws of the Red Lake Band of Chippewa Indians, and shall hear and decide causes and enter judgments or orders disposing of each cause. The Chief Judge of the Red Lake Court of Indian Offenses shall be responsible for the administration of the Court's business, the assignment of cases and the management of the Court's business, the assignment of cases and the management of the Court's calendar and shall in the absence of a Clerk of Court, perform the Clerk's duties in addition to his or her own. All Judges of the Court shall have the power to receive cash bail whenever the Clerk is not available.

Subdivision 2. All Judges of the Red Lake Court of Indian Offenses shall:

      a)              Have authority to issue arrest warrants, search warrants and summonses when the occasion requires;

      b)              Deputize special tribal police officers when the occasion requires; and

      c)              Perform all other duties specifically assigned to them by this code.

102.04                         Compensation of Justices and Judges

The compensation of Justices and Judges shall be fixed by the Red Lake Tribal Council. Justices of the Red Lake court of Appeals shall receive compensation only for those days that they sit as members of the Court of Appeals or otherwise perform the duties of the office of Justice of the Court of Appeals.

102.05                         Compensation of Justices and Judges

Subdivision 1. Misconduct. Misconduct as used in this section shall mean:

      a)              Incompetent performance of the duties required of the office;

      b)              Failure to perform the duties required of the office;

      c)              Mental or physical incapacity to perform the duties required of the office;

      d)              Conviction of a felony or a misdemeanor involving dishonesty or acts offensive to the morals of the community.

Subdivision 2. Procedure. Upon a written charge of misconduct in office, executed and filed by a member of the Tribal Council of the Red Lake Band of Chippewa Indians, the Tribal Council shall initiate proceedings, after adoption of a resolution to that effect, to remove a Justice or Judge from office. The written charge, or copy thereof, together with a copy of the resolution initiating the removal proceeding, shall be served on the Justice or Judge. The resolution shall set forth a time and place for a hearing before the Tribal Council on the resolution or removal, which hearing shall not be less than ten (10) days nor more than twenty (20) days prior to the date of service of the written charge and resolution on the Judge or Justice. Service shall be made personally on the Judge or Justice and an affidavit of service shall be filed with the Tribal Council.

Subdivision 3.            Hearing. The Justice or Judge so charged shall be given an opportunity to answer the charge by written and oral presentation before the Tribal Council at the hearing, to have the charges proven by testimony of witnesses and documentary evidence, to present his/her own witnesses and to have the right to cross-examine witnesses appearing on behalf of the charging party.

Subdivision 4. Final Decision. After the hearing, a Justice or Judge may be removed by an affirmative vote of seven (7) members of the Tribal Council with a quorum present. The decision of the Tribal Council shall be final.

102.06                         Disqualification of Justices or Judges

Subdivision 1. A Justice or Judge shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned, in which s/he has any personal bias or prejudice concerning any party, in which s/he or a member of his/her immediate family might be a witness or have any personal knowledge or dispute evidentiary facts concerning the proceeding, in which s/he or any member of his/her immediate family is a party or has any financial or other interest in the proceeding, and which s/he is related to any of the parties to the action as a parent, grandparent, brother, sister, aunt, uncle, first or second cousin.

Subdivision 2. A Justice or Judge may be disqualified upon his/her own motion or/and shall be disqualified by the filing of an affidavit of prejudice citing one of the grounds set forth in Subdivision 1 hereof, by a party to the proceeding.

102.07                         Office of Clerk of Court

Subdivision 1. There shall be a Chief Clerk of Court and such assistant clerks of court as may be necessary to carry out the business of the court. The Clerk of Court shall serve as clerk to both the Red Lake Court of Indian Offenses and the Red Lake Court of Appeals. The Clerk of Court and all assistant clerks shall be appointed by the Tribal Council.

Subdivision 2. Qualification. To be eligible to serve as Chief Clerk of Court, a person:

      a)              Must be at least 25 years of age; and

      b)              Must be of high moral character and integrity; and

      c)              Must be a high school graduate or its equivalent; and

      d)              Must never have been convicted of a felony; and

      e)              Must be physically and mentally able to carry out the duties of the office; and

      f)               Must be a resident of and member of the Red Lake Band of Chippewa Indians; and

      g)              Must be proficient in typing; and

      h.)             Must be able to understand and speak the Chippewa language and the English language.

To service as an Assistant Clerk of Court, a person must satisfy all the foregoing requirements except that an Assistant Clerk shall be at least twenty one (21) years of age.

Subdivision 3. Compensation, Bonding. The Clerk of Court shall be bonded. The compensation of the Clerk of Court, the amount of the Clerk's bond, and the compensation of Assistant Clerks shall be fixed by the Red Lake Tribal Council.

Subdivision 4. Termination of Services. Termination of the services of a Clerk of Court or any Assistant Clerks shall be governed by the Personnel Policies and Procedures of the Red Lake Band of Chippewa Indians.

Subdivision 5. Duties of Clerk's Office. The Clerk of Court shall assist the Courts, the authorized law enforcement officers of the Red Lake Reservation and Indians of the Reservation in preparing all necessary papers including civil complaints, subpoenas, warrants, notices, petitions and other documents relating to the functions of the courts. The clerk shall also perform other duties imposed upon the office by this Code. The clerk shall attend and keep written records of all proceedings of the Courts, administer oaths and collect fines, costs, fees and other moneys. The clerk shall account to the authorized authority for all moneys collected by the office.

102.08                         Tribal Court Prosecutor and Defender

Subdivision 1. Tribal Court Prosecutor. There shall be a Tribal Court prosecutor and such assistant prosecutors as the Tribal Council may determine.

Subdivision 2. Qualifications. To be eligible to serve as a Tribal Court prosecutor or assistant prosecutor, a person shall:

      a)              Be a member in good standing of the Red Lake Band of Chippewa Indians and be a resident of the Red Lake Indian Reservation; and

      b)              Be at least 21 years of age; and

      c)              Be of high moral character and integrity; and

      d)              Never have been convicted of a felony; and

      e)              Be physically and mentally capable to carry out the duties of the office; and

      f)               Be able to understand and speak the Chippewa language and the English language; and

      g)              Be learned in the laws and customs of the Red Lake Band of Chippewa Indians.

Subdivision 3. Appointment and Compensation. The Tribal Court Prosecutor and any Assistant Prosecutors shall be appointed by the Tribal Council. The Tribal Prosecutor shall be under the direction and control of the Tribal Council. The Tribal Council shall establish rates of compensation for the Tribal Court Prosecutor and Assistant Prosecutors. The term of appointment shall be at the discretion of the Tribal Council.

Subdivision 4. Duties of Office. The Tribal Court Prosecutor and Assistant Prosecutors shall, in the name of the Tribe, prosecute criminal cases in the Red Lake Court of Indian Offenses. The prosecutors shall supervise the gathering of evidence by law enforcement officers to make sure each case is promptly and fairly presented, shall be authorized to represent the Tribe at arraignments, and shall be authorized to dismiss any criminal matter that is not supported by sufficient evidence or is improperly brought. The Tribal Court Prosecutor shall represent juveniles in juvenile court proceedings where parents or guardians are charged with neglect, abuse or abandonment or where the custody of a child is disputed. The Tribal Court Prosecutor shall make recommendations from time to time to the Tribal Council and Red Lake Court of Indian Offenses on the administration of justice on the Red Lake Indian Reservation.

Subdivision 5. Termination of Services. The services of the Tribal Court Prosecutor and Assistant Prosecutors may be terminated at any time for any reasons by the Tribal Council.

102.09                         Office of Tribal Public Defender

Subdivision 1. Tribal Public Defender. The Tribal Council may appoint a tribal public defender and any assistants it deems necessary.

Subdivision 2. Qualifications. To be eligible to serve as a Tribal Public Defender or Assistant Defender, a person shall possess the same qualifications as required for a tribal prosecutor as set forth in Section 102.08, Subd. (2) of this Code.

Subdivision 3. Compensation. The Tribal Council shall establish rates of compensation for the Tribal Public Defender and any assistants.

Subdivision 4. Term of Office. The term of office of the tribal public defender and any assistant defenders shall be at the discretion of the Tribal Council.

Subdivision 5. Duties. The tribal public defender and assistants shall, without charge, to an individual Indian, represent Indians accused of crimes in the Red Lake court of Indian Offenses with the consent of the defendant. Representation shall be provided at all stages of the proceeding following the filing of a complaint. The tribal public defender shall take all necessary steps to investigate the facts of each case to make sure each case is fairly presented from the side of the defense.

Subdivision 6. Removal of Tribal Public Defender. The services of tribal public defender and assistants may be terminated at any time for any reason by the Tribal Council.

102.10                         Attorneys and Lay Counselors - License Requirements

Subdivision 1. No person, whether a professional attorney or otherwise, shall appear before the Tribal Court and represent an individual or entity unless that person shall be licensed by the Tribal Council of the Red Lake Band of Chippewa Indians, upon terms and conditions deemed advisable by the Tribal Council in the exercise of its sound discretion. Persons requesting to be licensed shall make an application to the Red Lake Tribal Council on forms provided by the Tribal Council.

Subdivision 2. - Fees. Each application submitted to the Red Lake Tribal Council to represent an undivided or entity before the Red Lake Tribal Court shall be accompanied by the following non-refundable application fee: Attorney's $250.00, Lay Counselors $10.00. In addition to the initial application fee, an annual fee as follows shall be required in order to practice before the Red Lake Tribal Court: Attorneys $100.00, Lay Counselors $10.00. The annual fee shall run from January 1st to December 31st of each calendar year. Individuals admitted to practice during the annual licensing period shall be required to pay the annual fee. Failure to pay the annual fee prior to January 15, of each year or within ten (10) days of application for admission acceptance shall be grounds for revoking licenses to practice before the Red Lake Tribal Court. Attorney's who are employed full time by Legal Aid Services who would be representing indigent Red Lake Indians may make application to the Red Lake Tribal Council to practice before the Red Lake Tribal Court by paying a non-refundable application fee of $10.00 and an annual fee of $10.00.

(Section 102.10 Subd. 1 amended to the Tribal Code by Resolution No. 217-90, dated October 9, 1990)

All applicants to be licensed shall meet the following criteria:

      a)              Be at least 21 years of age; and

      b)              Be a person of good moral character; and

      c)              Has never need convicted of a felony and is a law abiding citizen; and

      d)              Is schooled in tribal law and has knowledge of the laws, customs, and court rules and procedures of the Red Lake Band; and

      e)              Has an understanding of the Chippewa language; and

      f)               Is a member of the Red Lake Band of Chippewa Indians; and

      g)              Is a resident of the Red Lake Indian Reservation and has been such for a period of one year prior to applying to the Tribal Council for a license.

Subdivision 2. Fees. Each application submitted to the Red Lake Tribal Council to represent an individual or entity before the Red Lake Tribal Court shall be accompanied by the following non-refundable application fee: Attorneys $250.00; Lay Counselors $10.00. In addition to the initial application fee, an annual fee as follows shall be required in order to practice before the Red Lake Tribal Court: Attorneys $100.00; Lay Counselors $10.00. The annual fee shall run from January 1st to December 31st of each calendar year. Individuals admitted to practice during the annual licensing period shall be required to pay the annual fee. Failure to pay the annual fee prior to January 15, of each year or within ten (10) days of application for admission acceptance shall be grounds for revoking licenses to practice before the Red Lake Tribal Court. Attorneys who are employed full time by Legal Aid Services who would be representing indigent Red Lake Indians may make an application to the Red Lake Tribal Council to practice before the Red Lake Tribal Court by paying a non-refundable application fee of $10.00 and an annual fee of $10.00.

(Section 102.10 Subdivision 2 amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990.)

102.11                         Background Checks of Court Personnel

      All court personnel, including part-time or temporary staff, must undergo background checks prior to their employment in the Tribal Court system.

(Section 102.11 added to the Tribal Code by Resolution No. 150-96, dated July 9, 1996)