Section TCT.03.04 — Jurisdiction Of Stockbridge-Munsee Court Of Appeals

(a) Error Correction.

(1) The Stockbridge-Munsee Court of Appeals is an error correction court and not a policy making court.

(2) The Stockbridge-Munsee Community may declare an ordinance of the Stockbridge-Munsee Community unconstitutional if said ordinance violates either the Stockbridge-Munsee Constitution or the Stockbridge-Munsee Bill or Rights, Chapter GOV.01.

(3) The Stockbridge-Munsee Court of Appeals may interpret or apply tribal ordinances, but the writing of tribal ordinances via judicial fiat is not authorized.

(b) Internal Rule Making Authority. The Stockbridge-Munsee Court of Appeals may modify the S-M Rules App. by application for an ordinance modification in accordance with the process in Chapter ADM.01 – Procedures or as permitted under Section TCT.01.12.

(c) Precedent Making Authority.

(1) Stockbridge-Munsee Court of Appeals decisions which are decided by a panel of at least three (3) justices may be used as binding judicial precedent for future cases in both the Stockbridge-Munsee Tribal Court and the Stockbridge-Munsee Court of Appeals.

(2) Decisions by a single justice of the Stockbridge-Munsee Court of Appeals may be argued as persuasive authority for decisions pending in the Stockbridge-Munsee judicial system, but not as binding precedent for future cases in the Stockbridge-Munsee Judicial System.

(d) Certified Questions of Law. The Stockbridge-Munsee Court of Appeals may address questions of tribal law certified to it by state or federal appellate courts.