[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 6-15-2017 by Res. No. 06-15-17-01. Amendments noted where applicable.]
Title. This code shall be known as the "Appointment of Pro Tem Judges and Justices Code."
Findings. The NHBP Constitution establishes the court system, determines the qualifications of the Judicial Officers, sets the requirements for the appointment of Judicial Officers, and establishes the terms that Judicial Officers will serve. Through the NHBP Constitution, the Tribe has made it clear that persons having causes of action pending before the NHBP Tribal Judiciary are entitled to qualified and impartial Judicial Officers.
Purpose. The purpose of this code is to:
Supplement the Constitution and to ensure that participants in the Tribal Court system have qualified and impartial Judicial Officers in the event that a regularly appointed Tribal Court judge or a Tribal Supreme Court justice is unavailable for any reason.
Ensure that, in accordance with Article XI, Section 2 of the NHBP Constitution, all matters before the Supreme Court can be heard by a quorum consisting of three justices.
Ensure that the Tribal Supreme Court can meet its quorum requirement in the event that an appointed justice is unavailable.
Authority. In accordance with the duties and powers of the Tribal Council in Article VI, Section 1, Subsections (a), (f), and (h), of the Band's Constitution and the inherent authority of the Band as a sovereign tribal nation to provide for the health, safety, and welfare of the Nottawaseppi Huron Band of the Potawatomi, the Tribal Council hereby adopts this code providing for the appointment of pro tem judges and justices.
The Tribal Council may, by an affirmative vote of 2/3 of the members of the entire Tribal Council, appoint Judicial Officers pro tem to serve on the Tribal Court and the Tribal Supreme Court, as necessary.
Pro tem Judges and Justices must meet the qualifications enumerated in Article XI, Section 5 of the Nottawaseppi Huron Band of the Potawatomi Constitution.
The term of office for pro tem Judges and Justices shall be set forth in the resolution adopted by the Tribal Council appointing any pro tem Judge or Justice. Pro tem Judges and Justices shall be compensated for services performed at the same rate and on the same conditions prescribed for regularly appointed Judges and Justices.
Following appointment, pro tem Judicial Officers may be assigned to hear any case pending before the Tribal Court or Supreme Court, as the case may be, in the following circumstances:
When a Judicial Officer is unable to fulfill his/her judicial duties due to any temporary cause, during the pendency of such cause; or
When any Judicial Officer is disqualified due to a conflict of interest or other circumstances requiring recusal of a Judicial Officer in that case; or
When any Judicial Officer has died, resigned, or been removed from office, until a permanent replacement is appointed; or
When no Judicial Officer of the Tribal Court is available to act in any case unless that case is assigned to a pro tem Judicial Officer.
Pro tem Judicial Officers shall be assigned:
Upon written certification by the Chief Judicial Officer of either the Tribal Court or Tribal Supreme Court that circumstance's described in Subsection D exist; or
Pro tem Judicial Officers assigned to any case shall be compensated at the same rate of compensation established by the Tribal Council and shall be eligible for reimbursement of expenses incurred in the performance of their duties.
If any section or part of this chapter, or the application of this chapter to any party, shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by federal legislative action, the remainder of the relevant section or part of this chapter shall not be affected, and shall remain in full force and effect.
This code shall have immediate effect upon adoption of the Tribal Council.