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Turtle Mountain Band of Chippewa Indians of North Dacota - Tribal Law

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Constitution and ByLaws of the Turtle Mountain Band of Chippewa Indians North Dakota

Section 4. Selection of Judges and Chief Clerk of Court:

(a) The Office of Chief Judge shall be filled as follows: Persons who possess the requisite qualifications as developed by the Judicial Board and approved by the Tribal Council, shall file their intention of seeking such office with the Secretary/Treasurer in the manner described in ARTICLE V, Section 4 (a) and 4 (b) of the Turtle Mountain Constitution. Properly registered candidates for the Office of Chief Judge shall then be subjected to a reservation-wide or at large election. The candidate receiving the most votes, as determined by the vote of the people at a duly held election held in conjunction with the tribal general election, shall then be seated as the Chief Judge of the Turtle Mountain Tribe.

(b) The position of Associate Judge shall be filled as follows: Persons who possess the requisite qualifications as developed by the Judicial Board and approved by the Tribal Council, shall file their intention of seeking such office with the Secretary/Treasurer in the manner described in ARTICLE V, Section 4 (a) and 4 (b) of the Turtle Mountain Constitution. Properly registered candidates for the Office of the Associate Judge shall then be subjected to a reservation-wide or at large election. The candidate receiving the most votes, as determined by the vote of the people at a duly held election held in conjunction with the tribal general election, shall then be seated as the Associated Judge of the Turtle Mountain Tribe. The candidate in the general election for the position of Associate Judge who shall receive the second largest popular vote for this position shall also be seated as an Associate Judge of the Turtle Mountain Tribe if more than one Associate Judge is required. The determination of the number of Associate Judges needed to serve the court shall be made by the Judicial Board prior to the election.

(c) The position of Chief Clerk of Court shall be filled as follows: Persons who possess the requisite qualifications as developed by the Judicial Board and approved by the Tribal council, shall file their intention of seeking such office with the Secretary/Treasurer in the manner described in ARTICLE V, Section 4 (a) and 4 (b) of the Turtle Mountain Constitution. Properly registered candidates for the office of Chief Clerk of Court shall then be subjected to a reservation-wide or at large election. The candidate receiving the most votes, as determined by the vote of the people at a duly held election held in conjunction with the tribal general election, shall then be seated as the Chief Clerk of the Tribal Court of the Turtle Mountain Tribe. The Chief Clerk of court shall not serve in any judicial capacity.

(d) All Trial and/or Special judges shall be appointed in the manner as presently provided in Section 1.0506 of the Turtle Mountain Tribal Code.

(e) The term of office of the Chief Judge of the Turtle Mountain Tribe and all other judges and Chief Clerk of Court shall be four years. Vacancy in the office of Chief Judge by reason of impeachment, illness or incapacity shall be filled by appointment of one of the currently sitting judges of the Judicial Branch by the Judicial Board. This appointment shall be effective only for the remaining term of the duly elected Chief Judge. Associate Judges, during the first election term of judges pursuant to this amendment, shall serve for a period of two years. Thereafter, all terms of Associate Judge(s) shall be for a four-year term. The effect of this provision to provide continuity to the court by providing staggered terms for the Chief Judge and Associate Judge(s). Vacancy in the Office of Associate Judge(s) shall be filled by appointment in the manner presently provided in Section 1.0506 of the Turtle Mountain Tribal code. This appointment shall be effective only for the remaining term of the duly elected Associate Judge.

(f) Appellate Court Judges shall be appointed by the Judicial Branch of Government and ratified by the Tribal Council.

(g) No justice of the appellate court or judge of the tribal court shall engage in the practice of law before the Turtle Mountain Tribal or Appellate Court nor shall they hold any public office, elective or appointive, not judicial in nature.

(h) All other employees of the judicial branch of government shall be deemed staff employees and shall not serve in any judicial capacity.

Original url: https://law.tmchippewa.com/us/nsn/tmchippewa/council/constitution/XIV/4

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