Nottawaseppi Huron Band of the Potawatomi, MI Article XI Tribal Judiciary

Section 1 Tribal Court Established.

a) The Nottawaseppi Huron Band of the Potawatomi hereby establishes a Tribal Court system. The Tribal Court system shall be comprised of a court of general jurisdiction (referred to as the "Tribal Court") an appellate court of last resort (referred to as the "Tribal Supreme Court") and such other lower courts as the Tribal Council may hereafter establish.

Section 2 Composition of the Tribal Court System.

a) Tribal Court. The Tribal Court shall consist of one (1) judge, who shall serve as Chief Judge. Additional associate judges shall be added by the Tribal Council as circumstances require.

b) Tribal Supreme Court. The Tribal Supreme Court shall consist of one (1) Chief Justice and two (2) Associate Justices who shall meet as often as circumstances require. A quorum requirement of the Supreme Court shall be all three (3) members. Appeals shall be decided by a minimum of two (2) members of the Tribal Supreme Court.

Section 3 Jurisdiction.

a) The judicial power of the Nottawaseppi Huron Band of the Potawatomi shall be in the Tribal Court system. The judicial power shall extend to all civil and criminal cases arising under this Constitution, all legislative enactments of the Band, including codes, statutes, ordinances, regulations, all resolutions, agreements, and contracts to which the Band or any of its entities is a party, and the judicial decisions of the Tribal Court system.

b) The judicial power of the Tribal Court system may be exercised to the fullest extent consistent with self-determination and the sovereign powers of the Band, and, as exercised, shall govern all persons and entities subject to the jurisdiction of the Band under Article II of this Constitution.

c) Appellate Jurisdiction. The Tribal Supreme Court shall have jurisdiction to review a final judgment, order or decree of the Tribal Court as provided in appellate rules adopted by the Tribal Judiciary or as prescribed by applicable Tribal law.

d) Finality of Appellate Review. Rulings of the Tribal Supreme Court are final and binding and cannot be appealed to the Tribal Council, General Membership or any other jurisdiction.

Section 4 Judicial Appointments.

a) Appointment to the Tribal Court. The Judges of the Tribal Court, Supreme Court and such lower courts as may be established shall be appointed by an affirmative vote of 2/3 (two-thirds) of the members of the entire Tribal Council.

Section 5 Qualifications.

a) Tribal Courts. A person may be eligible to serve as a Chief Justice, a Chief Judge, or an Associate Judge in the Tribal Courts only if he/she:

1. Has attained the age of thirty (30) years;

2. Is a licensed attorney in good standing;

3. Is not a Tribal Council member or running for a Tribal Council position or a Tribal employee; and

4. Has never been convicted of, or entered a plea of guilty or no contest to, a violent crime, felony, or a crime of fraud.

Section 6 Terms.

a) Tribal Court Term of Office. The Chief Judge of the Tribal Court shall serve for a term of four (4) years and this term will last until the oath of office is taken by their replacement. There shall be no limitation on the number of terms a Chief Judge may serve. If the Tribal Council appoints any additional Associate Judge(s), the Council shall set his/her term of office.

b) Tribal Supreme Court Term of Office. Each Justice of the Tribal Supreme Court shall serve for a term of six (6) years and this term will last until the oath of office is taken by their replacement. There shall be no limitation on the number of terms a Justice may serve.

c) In order to preserve alternating terms, the Tribal Council shall begin the following sequence for appointments.

1. The first appointment of one (1) Justice shall be for a six (6) year term.

2. The second appointment of one (1) Justice shall be for a four (4) year term.

3. The third appointment of one (1) Justice shall be for a two (2) year term.

d) All subsequent appointments shall be for six (6) year terms or in the event of a replacement, serve out the remaining time of the term.

Section 7 Court Administration.

a) The Tribal Council shall have the power and responsibility to establish reasonable level of compensation for all Judges and Justices, the amount of which shall not be reduced during such persons' term of office.

Section 8 Removal of Judge or Justice.

a) Removal. The powers for removal of members of the Tribal Judiciary shall be vested with the Tribal Council. The Tribal Council may remove a Judge or Justice for cause and shall obtain a minimum 2/3 (two-thirds) affirmative vote of the entire Council for removal.

b) Cause shall only include:

1. Physical or mental disability which prevent the performance of judicial duties;

2. Persistent failure to perform duties;

3. Gross misconduct that is clearly prejudicial to the administration of justice; or

4. Conviction of violent crime, felony or a crime of fraud.