Ely Shoshone Tribe Law and Order Code, Title 1

ORDINANCE NO. 97-2

TITLE 1 - TRIBAL COURT

[Dates on the bottom right side of the pages of this title refer to October 12, 1997.]

CHAPTER 1-1 JURISDICTION

1-1-01 DECLARATION OF TRIBAL POLICY

It is the policy of the Ely Shoshone Tribe that the Ely Shoshone Tribal Court (Tribal Court) adjudicate disputes affecting the legal interests of Tribal members domiciled on the Reservation or the sovereignty of the Tribe. The Tribal Court may confer full faith and credit or comity to the judgments and orders of courts of other jurisdictions, as against Tribal members on the Reservation, when the Tribal Court Judge determines that under the circumstances there was no deprivation of fundamental due process and no injustice would result. The Tribe expects the courts of other jurisdictions to confer full faith and credit or comity to the judgments and orders of the Tribal Court.

1-1-02 JURISDICTION OF TRIBAL COURT

(a) Except as specifically waived by a resolution, contract or provisions of this code which unequivocally referring to such waiver, the Ely Shoshone Tribe shall be immune from suite in any civil action, and the Tribal Council, Council Members, officers and employees shall be immune from suite for any liability arising from the performance of their official duties and therefore, the Tribal Court is prohibited from entertaining such suits.

(b) The territorial jurisdiction of the Tribal Court shall extend to all land within the exterior boundaries of the Ely Shoshone Indian Reservation (hereinafter "Reservation"), and all land otherwise held in trust for, owned in fee by, or leased by the United States to the Tribe.

(c) The Tribal Court shall have original jurisdiction over, but not limited to, the following:

(1) All offenses under Title 4 and 5 of this Code by Indians;

(2) Civil actions in which the defendant is either Indian or non-Indian;

(3) All cases involving the domestic relations of Indians residing or domiciled on the Reservation;

(4) All cases involving the descent and distribution of deceased Indians' unrestricted property located on the Reservation, and any such personal property located outside of the exterior boundaries of the Reservation if such descendent had been domiciled thereon;

(5) All cases involving civil violations of this Code;

(6) All cases in which the defendant's conduct threatens the political integrity, economic security or health and welfare of the Tribe and its members;

(7) All tort type cases against the Tribe under Article XII, Section 2 of the Constitution of the Ely Shoshone Tribe which is intended to be a remedy for the exclusive use of Tribal members who have suffered a "tort" type of injury involving Tribal property for which there is no insurance coverage available with maximum relief allowed is a total amount of $10,000 per incident; and

(8) All other matters which arise and the assumption of jurisdiction over which is consistent with fundamental due process, including enforcement of the provisions of any lawful Resolution or Ordinance of the Ely Shoshone Tribe providing for the exclusion from the Reservation of persons not entitled to be there.

(d) The Tribal Court shall have power to issue any judgments, writs or orders necessary and proper to the complete exercise of its jurisdiction.

1-1-03 IMPLIED CONSENT

Any person or corporation who enters the exterior boundaries of the Reservation impliedly consents to the jurisdiction of the Tribal Court for matters arising from their conduct on the Reservation. Any person or corporation impliedly consents to the jurisdiction of the Tribal Court for matters arising from consensual legal relationships they have entered with Tribal members domiciled on the Reservation, or with the Tribe.

1-1-04 LAW TO BE APPLIED BY THE TRIBAL COURT

The Tribal Court shall apply the provisions of this Code and any additional ordinances hereafter adopted by the Tribe. If the matter is not covered by the Code or ordinance, the Tribal Court shall apply the following laws in the order as they appear:

(1) The traditional customs and usages of the Tribe.

(2) Any laws of the United States which are applicable and could be applied by any court of general jurisdiction of any state.

(3) The Nevada Revised Statutes, but only if there is no other law to apply, and then only for a guideline or procedure, not for substantive law.

(4) Special proceedings, such as exclusion of persons from the Ely Shoshone Reservation, shall be governed by the specific Resolutions or Ordinances enacted by the Tribal Council.

CHAPTER 1-2 COURT ADMINISTRATION

[The phrase "Revised February 15, 2000. Resolution No. 2000-EST-04" is found at the bottom of the page of the code that provides 1-1-04, section 2 through 1-2-01, section c.]

1-2-01 ELECTION, APPOINTMENT AND REMOVAL OF JUDGES

(a) The Tribal Court Judge shall be elected and shall hold office for a term of three (3) years. If a judge does not fulfill the three (3) year term, the Tribal Council is authorized and directed to appoint an interim Tribal Court Judge, for a term of 120 days. The Tribal Election Board shall call and hold an election for the Tribal Court Judge, before the expiration of the term of the interim judge. All elections for the Tribal Court Judge shall be determined by a majority vote of eligible voters whose ballots are cast.

(b) The Tribal Election Board shall supervise the elections for Tribal Court Judge. It shall certify eligible candidates for the ballot no less than 30 days from the date of an election. The eligibility requirements for candidacy for the Tribal Court Judge include:

(1) The candidate shall be at least 30 years of age;

(2) The candidate shall not have been convicted of a felony;

(3) The candidate shall not have been convicted of a misdemeanor within one year of the date of the election;

(4) The candidate shall be a person of good moral character and integrity; and

(5) The candidate shall not be a member of the Tribal Council.

(c) The Tribal Council shall set the rate of compensation for the Tribal Court Judge, and for any subsidiary staff positions in the Tribal Court. The rate of compensation for the Tribal Court Judge shall not be diminished during the term of office.

(d) The Tribal Members, by one-third majority vote among a quorum of members, may remove the Tribal Court Judge for neglect of duty or gross misconduct. "Neglect of duty or gross misconduct" include, but are not limited to, continuous violations of the following:

(1) Uphold the integrity and independence of the judiciary;

(2) Avoid impropriety and the appearance of impropriety;

(3) Perform the duties of the judicial office impartially and diligently;

(4) Regulate extra-judicial activities to minimize the risk of conflict with judicial duties; and

(5) Refrain from political activity inappropriate to the judicial office.

1-2-02 COURT ADMINISTRATION

(a) The Tribal Court Judge shall be responsible for court administration, including, but not limited to:

(1) acceptance and processing of pleadings, motion, criminal complaints and fines;

(2) administering oaths to persons in an official proceeding;

(3) issue summons and other writs, notices and orders;

(4) schedule and promptly dispose of the business of the court;

(5) preserve and enforce order in the judge's immediate presence and during official proceeding;

(6) develop form pleadings and motions for use by persons in official proceedings;

(7) record all proceedings in open court; and

(8) other matters as necessary for proper court administration.

(b) The Tribal Council shall, subject to the availability of funds, by a majority vote of a quorum of members, hire a Tribal Court Administrator/Clerk to assist with court administration. The Tribal Court Administrator/Clerk's duties shall include, but not be limited to:

(1) acceptance and processing of pleadings, motions, criminal complaints and fines;

(2) administer oaths to persons in official proceedings and for affidavits, certifications or acknowledgments;

(3) issue summons and other writs, notices and orders in the name of the Tribal Court Judge; and

(4) other matters as necessary for property court administration at the direction of the Tribal Court Judge.

(c) Except as otherwise provided in this Code, all proceedings of the Tribal Court shall be recorded by audio cassette tape. A party to a proceeding has the right to a written transcript of such proceeding, except juvenile proceeding, upon payment of the cost thereof.

(d) The Tribal Court Judge and the Tribal Court Administrator/Clerk shall disqualify himself or herself in a proceeding in which their impartiality might reasonably be questioned, including but not limited to the following, cases:

(1) The Judge or Administrator/Clerk has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) The Judge or Administrator/Clerk served as an attorney or legal representative in the matter in controversy or a lawyer with whom the judge previously practiced law served, during such association, as a lawyer concerning the matter, or the judge or such attorney has been a material witness concerning it;

(3) The Judge or Administrator/Clerk knows that he or she, or their spouse, partner, or minor child residing in the household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; or

(4) The Judge, Administrator/Clerk or their spouses, or partner, or a person within the third degree of relationship to either of them, or the spouse or partner of such person:

(i) is a party to the proceeding; or

(ii) is acting as a lawyer or legal representative.

(e) (1) A party to or an attorney or legal representative appearing in a proceeding of the Tribal Court may establish bias of the Tribal Court Judge or Tribal Court Administrator/Clerk by written motion supported by affidavit or declaration under penalty of perjury. Such motion must be filed at least five (5) days before the date set for trial, or before the commencement of a hearing on a motion. The Tribal Court Judge or the Tribal Court Administrator/Clerk shall not punish for contempt any person for the reason that such person proceeded under this section.

(2) The Tribal Court Judge or the Tribal Court Administrator/Clerk may, upon the motion of the court, disqualify himself or herself from acting on any matter on the grounds of bias.

(3) In the event a motion is granted under this section, the Tribal Council shall retain replacement of the Tribal Court Judge or the Tribal Court Administrator/Clerk to participate in the proceeding.

(f) The Tribal Council shall, subject to the availability of funds, by a majority vote of a quorum of members, hire a Court Advocate to provide legal representation to indigent criminal defendants. The Court Advocate shall be a person of good moral character, with qualifications to be determined by the Tribal Council.

(g) The Tribal Council shall, subject to the availability of funds, by a majority vote of a quorum of members, hire a Tribal Prosecutor whose responsibilities shall include, but not be limited to:

(1) Accepting criminal complaints;

(2) Determining whether criminal complaints and related police reports constitute probable cause for filing criminal charges and submitting such complaint to the Tribal Council for approval to proceed;

(3) Upon approval from the Tribal Council, file criminal charges;

(4) Prosecute criminal cases; and

(5) Other matters as necessary for proper Tribal prosecution.

The Tribal Prosecutor shall be a person of good moral character with qualifications to be determined by the Tribal Council.

1-2-03 AUTHORITY TO COMPEL OBEDIENCE; SANCTIONS

(a) The Tribal Court Judge shall have the power to compel obedience to their lawful orders.

(b) A judicial officer shall have the power to impose reasonable money sanctions, not to exceed $500, for any violation of a lawful court order by a person, done without good cause or substantial justification. For the purposes of this section, the term "person" includes a witness, a party, a party's attorney or representative, or both.

Sanctions pursuant to this section shall not be imposed except on notice contained in a party's moving or responding papers; or on the court's own motion, after notice and opportunity to be heard. An order imposing sanctions shall be in writing and shall recite in detail the conduct or circumstances justifying the order. For the effectual exercise of the powers conferred by this section, the Tribal Court Judge may punish for contempt in the cases provided in this code.

(a) A person is eligible to act as a juror if:

(1) They are an enrolled member of the Ely Shoshone Tribe who live within the boundaries of the Reservation;

(2) They are qualified to vote in Tribal elections;

(3) They have not been convicted of a crime in the preceding one (1) year; and

(4) They are not rendered incapable by reason of physical or mental infirmity.

(b) A person is exempt from jury service if:

(1) Such service would entail undue hardship on the person;

(2) They are a member of the armed services;

(3) They or a dependent are ill; or

(4) They are members of the Tribal Council.

(c) The Tribal Court Judge shall establish a source list of jurors, to be updated biannually.

1-3-02 NUMBER OF JURORS

There shall be six (6) jurors for a criminal trial and six (6) jurors for a civil trial.

1-3-03 IMPANELING JURORS

(a) Jurors for a proceeding shall be chosen randomly from the source list, established pursuant to this Chapter. The Tribal Court Judge shall order the Tribal Police to summon the persons named therein to attend the court at the specified time, by giving personal notice to that effect to each of them, or by leaving a written notice to that effect at their place of residence, with some person of proper age, or by mailing such notice by first-class mail, registered mail, or certified mail, and shall return the list to the court, specifying the names of those who were summoned, and the manner in which each person was notified.

(b) The persons whose names are chosen and who are so summoned shall be examined as to their qualifications to serve as jurors. Prior to such examination, the Tribal Court Judge or clerk shall administer an oath or affirmation. The judge shall conduct the initial examination of prospective jurors and the parties or their attorney or representative are entitled to conduct supplemental examinations which must not be unreasonably restricted. When a sufficient number of prospective jurors has been qualified to complete the panel, each side shall exercise its peremptory challenges out of the hearing of the panel by alternately striking names from the list of persons on the panel. After the peremptory challenges have been exercised, the persons remaining on the panel who are needed to complete the jury shall, in the order in which their names were drawn, be regular jurors or alternative jurors.

(c) The judge shall then admonish the jury that:

(1) No juror may declare to their fellow jurors any fact relating to the case based upon their own personal knowledge;

(2) If any juror discovers during the trial or after the jury has retired that they or any other juror has personal knowledge of any fact in controversy in the case, they shall disclose such situation to the judge out of the presence of the other jurors. Upon questioning the juror, if the judge determines that the juror has disclosed their personal knowledge to any other juror, the judge may dismiss the juror or declare a mistrial;

(3) They shall not converse with anyone else on any subject connected with the trial;

(4) They shall not read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including but not limited to newspapers, television and radio; and

(5) They may take personal notes during the course of the trial, and they may utilize such notes in deliberation, provided, however, that their notes be shown to no other juror or any other person.

1-3-04 FAILURE TO SERVE; PENALTY

A person summoned as provided in this chapter to serve as a juror, who fails to attend and serve as a juror, shall, unless excused by the court, be ordered by the court to appear and show cause for their failure to attend and serve as a juror. If they fail to show cause, they are in contempt and shall be fined not more than $250.

1-3-05 FEES; COMPENSATION

(a) The Tribe shall pay the cost of juries in criminal cases. The non-prevailing party shall pay the cost of juries in civil cases.

(b) A juror is entitled to $25 per day as full compensation for each day served.

(a) At the request of a party, the Tribal Court Judge or clerk shall issue a subpoena to compel the attendance of a witness. Every subpoena so issued shall state the title of the action and shall command the person to whom it is directed to attend and give testimony at the time and place specified. A subpoena may also command the person to whom it is directed to produce books, papers, documents or other tangible things designated therein.

(b) A subpoena may be served by a police officer, or by any other person who is not a party and is not less than 18 years of age.

(c) A witness, duly served with a subpoena, shall attend at the time appointed, with any papers under their control required by the subpoena, to answer all pertinent and legal questions. A person present in court or before a judicial officer may be required to testify in the same manner as if they were in attendance upon a subpoena issued by such court or officer.

1-4-02 FAILURE TO COMPLY; PENALTY

(a) In a civil action:

(1) The refusal to be sworn or to answer as a witness may be punished as a contempt of court.

(2) A witness disobeying a subpoena shall forfeit to the party aggrieved $100, plus all damages which that party may sustain as a result of the failure of the witness to appear, to be recovered in a civil action. In this section, disobeying shall mean the intentional refusal to obey the subpoena's command.

(3) If the person so refusing is a party, the court may strike any pleading filed by such party, and may enter judgment against such parties.

(b) In a criminal action:

(1) The refusal to be sworn or to answer as a witness shall be punished as a contempt of court.

(2) A witness disobeying a subpoena shall forfeit to the party aggrieved $100, plus all damages which that party may sustain as a result of the failure of the witness to appear, to be recovered in a civil action.

[The phrase "Revised February 8, 1999. Resolution No. 99-EST-04" is found at the bottom of the page of the code that provides 1-4-02, (a), section 3 through the remainder of Title 1.]

1-5-01 AGGRIEVED PARTY MAY APPEAL

(a) Right of appeal. Any appealable judgment or order of the Tribal Court may be appealed from and reviewed as prescribed by the provisions of this Chapter 1-5, and not otherwise.

(b) Appeal in a civil action or proceeding. Any party aggrieved may appeal any final judgment or order in a civil action or proceeding, with or without first moving for reconsideration or for a new trial, and the Appellate Court may review a final judgment or order for errors of law only, and may remand for a new trial or determination.

(c) Appeal in a criminal action. Any party aggrieved in a criminal action may appeal errors of law only, as follows:

(1) Both the Tribe or the defendant may appeal from a final judgment of the Tribal Court or an order of the Tribal Court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.

(2) The Tribe may, upon good cause shown, appeal to the Appellate Court from a pretrial order of the Tribal Court granting or denying a motion to suppress evidence. The Appellate Court may establish such procedures as it determines proper in requiring the appellant to make a preliminary showing of the propriety of the appeal and whether there may be a miscarriage of justice if the appeal, is not entertained. If the Appellate Court entertains the appeal, or if it otherwise appears necessary, it may enter an order staying the trial for such time as may be required.

(3) The defendant only may appeal from a final judgment or verdict in a criminal case.

(4) The defendant in a criminal case may not appeal a final judgment or verdict resulting from a plea of guilty, guilty but mentally ill or nolo contendere that the defendant entered into voluntarily and with a full understanding of the nature of the charge and the consequences of a plea, unless the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings. The Appellate Court may establish procedures to require the defendant to make a preliminary showing of the propriety of the appeal.

1-5-02 APPEAL - HOW TAKEN

(a) Filing the Notice of Appeal. An appeal permitted by law from the Tribal Court shall be taken by filing a notice of appeal with the clerk of the Tribal Court within the time allowed by Section 1-5-03. Failure of an appellant to take any step other than the timely filing of a notice of appeals does not affect the validity of the appeal, but is ground only for such action as the Appellate Court deems appropriate which may include dismissal of the appeal.

(b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of the Tribal Court and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Appellate Court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals.

(c) Content of the Notice of Appeal. The notice of appeal shall specify the party or parties taking the appeal; and shall designate the judgment, order or part thereof appealed from.

(d) Service of the Notice of Appeal. The appellant shall serve a notice of appeal by mailing a copy thereof to counsel of record of each party other than appellant or, if a party is not represented by counsel, to the party at her last known address. There shall be noted on each copy served the date on which the notice of appeal was filed. There shall be noted in the proof of service the names of the parties to whom copies have been mailed with the date of mailing.

1-5-03 APPEAL - WHEN TAKEN

(a) Appeals in Civil Cases. In a civil case the notice of appeal required by section 1-5-02 shall be filed with the clerk of the Tribal Court within twenty (20) days of the date of service of written notice of the entry of the final judgment or order appealed from, except as otherwise provided by law. If a timely notice of appeal is filed by a party, any other party may file and serve a notice of appeal within 14 days of the date on which the first notice of appeal was served, or within the time otherwise prescribed by this subdivision, whichever period last expires.

(b) Appeals in Criminal Cases. Any party to a criminal action tried before the Tribal Court may appeal any appealable judgment or order of the Tribal Court at any time within twenty (20) days from the time of the rendition of the judgment or order. A judgment or order is rendered within the meaning of this subdivision when it is signed by the justice or by the clerk, as the case may be, and filed.

1-5-04 STAY OF EXECUTION

Application for a stay of the judgment or order until the appeal is decided shall be made in the Tribal Court, and the decision of the Tribal Court in this regard shall not be reviewed by the Appellate Court. The Tribal Court Judge may require the filing of a bond or other appropriate conditions to granting a stay of execution.

1-5-05 THE RECORD ON APPEAL

(a) A transcript of all proceedings shall be included in the record on appeal. Unless approved by the Tribal Court Judge or stipulated by the parties, the entire certified transcript of the proceedings which have been recorded by an official court reporter or by using electronic recording equipment shall be transmitted to Appellate Court.

(b) Preparation of transcript.

(1) Within 10 days after filing the notice of appeal, the appellant shall order a transcript of the proceedings for inclusion in the record and, unless the appellant is indigent, or a greater amount or different procedure is ordered by the Tribal Court Judge, shall deposit the sum of $100 with the Tribal Court to absorb the cost of the record, including but not necessarily limited to the transcript and copies. After determination of the exact cost, any remaining balance shall be returned to the appellant or if additional cost is involved, the appellant shall pay such amount forthwith. Upon notice of appeal, request for record on appeal and the deposit being filed with the clerk of the Tribal Court, the clerk or judge shall immediately arrange for a transcript to be prepared within forty five (45) days. The Tribal Court, in its discretion and for good cause shown, may extend the time for preparation of transcript for an additional 30 days.

(2) The appellant shall furnish each party appearing separately, or their counsel, a copy of such transcript.

(c) Statement of the Evidence or Proceedings When No Report Was Made or When the Transcript is Unavailable. If no report of the evidence or proceedings at a hearing or trail was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the available means, including her recollection. The statement shall be served on the respondent, who may serve objections or propose amendments thereto within 10 days after serve. Thereupon the statement and any objections or proposed amendments shall be submitted to the Tribal Court Judge for settlement and approval and, as settled and approved, shall be included by the clerk or judge of the Tribal Court in the record on appeal.

(d) Statement of Points by Appellant and Response by Respondent. In the absence of an agreed statement under Section 1-5-05(f), the appellant shall file with the Tribal Court and serve on all parties a concise statement of the points on which she intends to rely on the appeal. This statement of points shall include all the relevant facts of the appeal, the issues on appeal, and the argument supporting the appellant's position on appeal. The respondent may file with the Tribal Court and serve on all parties a concise statement in opposition to appellant within 10 days after service of appellant's statement. The parties' statements shall be presented to the Appellate Court irrespective of whether or not the appellant designates for inclusion the complete record and all proceedings and evidence in the action. The Appellate Court may refuse to consider any part of a statement which exceeds five pages. A party may request the right to submit a written brief to the Appellate Court pursuant to Section 1-5-07.

(e) Record to Be Transmitted by Clerk or Justice. Unless the record on appeal consists of an Agreed Statement pursuant to subdivision (f), the following documents shall be included in the record:

(1) Complaint (including all amended complaints);

(2) All answers, counterclaims, cross-claims and replies, and all amendments thereto;

(3) Pretrial order, if any;

(4) All stipulations;

(5) All jury instructions given and to which exceptions are taken, andexcluded when offered;

(6) Verdict or findings of fact and conclusions of law with direction for entry of judgment thereon;

(7) Opinion or memorandum of decision, if any;

(8) Judgment or order appealed from;

(9) Notice of Appeal;

(10) All exhibits received in evidence and duly marked by the judge or clerk;

(11) Transcript or Statement of the Proceedings; and

(12) Statement of points pursuant to subsection (d).

(f) Agreed Statement as the Record on Appeal. In lieu of the record on appeal as defined in subdivisions (a)-(e) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the Tribal Court setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issue presented. If the statement conforms to the truth, it, together with such additions as the Tribal Court may consider necessary fully to present the issues raised by the appeal, shall be approved by the Tribal Court and shall then be certified to the Appellate Court as the record on appeal and transmitted thereto by the clerk or judge of the Tribal Court.

(g) Correction or Modification of the Record. If any difference arises as to whether the record truly discloses what occurred in the Tribal Court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the Tribal Court, either before or after the record is transmitted to the Appellate Court, or the Tribal Court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary, that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the Tribal Court.

1-5-06 POWERS OF APPELLATE COURT

(a) A case appealed must not be tried anew. The Appellate Court shall review only questions of law. Upon an appeal heard upon the record or a statement of the case, the Appellate Court may review the order or judgment appealed from and may set aside or confirm any or all of the proceedings subsequent to and dependent upon such order or judgment, and may, if necessary or proper, order a new trial. For a failure to prosecute an appeal, the Appellate Court, after notice, may order the appeal dismissed, with costs; and if it appears to such court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25 percent of the judgment appealed from. Judgments rendered in the Appellate Court shall have the same force and effect, and may be enforced in the same manner as judgments in actions commenced in the Tribal Court. Upon the issuance of a judgment by the Appellate Court, the Appellate Court shall forthwith forward a copy of the judgment to the Tribal Court and to all parties.

(b) Upon request of a party or upon the Appellate Court's own initiative, the court may, in its discretion, require the parties to file briefs. The Appellate Court will follow the established rules and procedures defined by the Tribal Council.

1-5-07 CONSTITUTION OF APPELLATE COURT

(a) The Tribal Council shall create and maintain a panel of appeals judges to preside as an Appellate Court. The panel shall consist of persons qualified to appear before the Ely Shoshone Tribal Court as a representative.

(b) Appeals judges shall be sworn or affirmed to uphold the law of the Ely Shoshone Tribe.

(c) Upon receipt of a Notice of Appeal, the Tribal Court clerk shall by random selection assign an appeals judge to consider the appeal.

(d) Any issue concerning the participation or disqualification of a person as a judge on the Appellate Court shall be referred to the Tribal Council for a final determination.