The Chehalis Tribal Court shall have a chief judge and one or more associate judges. An associate judge may serve on a regular basis if the Court's caseload so requires or on a temporary basis when the chief judge is unavailable.
(Prior code § 2.1.3.010; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020; Res. 2016-17)
Judges shall be appointed by the Business Committee and shall serve until resignation or removal under Chapters 3.05 through 3.35 CTC. The Business Committee shall not appoint any person to serve as a judge who does not meet the qualifications under CTC § 3.10.030. The General Council may rescind the Business Committee's appointment, with or without cause, within three months of the appointment date. If the General Council does not act within the three months, the appointment shall be deemed approved. If an appointment is rescinded, all actions taken by the judge up to the time of rescission shall be valid. The Chairperson of the Tribe shall administer an oath to appointed judges and judicial officers before they begin their duties. The contents of the oath shall be approved by the General Council.
(Prior code § 2.1.3.020; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
A person must meet the following requirements in order to serve as a judge of the Tribal Court:
A. 
Be at least 30 years of age;
B. 
Be a member of a Federally recognized Indian tribe. This requirement may be waived with regard to the appointment of judge or judicial officer by resolution of the Business Committee;
C. 
Have at least a high school education;
D. 
Have successfully completed course work in the areas of Indian law, criminal law and procedure, civil law and procedure and judicial ethics;
E. 
Be familiar with the Constitution and laws of the Chehalis Tribe;
F. 
Never have been found guilty of a felony;
G. 
Have committed no misdemeanors within the two years preceding appointment. This requirement may be waived by the General Council with regard to minor traffic offenses; and
H. 
Be of good moral character.
(Prior code § 2.1.3.030; GC vote 5/2/1988; Res. 1998-20; Res. 2006-63; Res. 2011-020; Res. 2013-033; Res. 2016-17)
Judges may be reprimanded or removed for cause by a two-thirds vote of the General Council, at a meeting at which a quorum is present. Good cause shall include but is not limited to:
A. 
Conviction of any offense other than minor traffic violations;
B. 
Use of official position for personal gain;
C. 
Failure to perform or neglect in performing judicial duties;
D. 
Excessive use of intoxicants; or
E. 
Violation of the rules of judicial conduct, CTC § 3.10.090 through § 3.10.140.
A judge shall not be removed because the General Council or the Business Committee disagrees with an action the judge has taken in his or her official capacity.
(Prior code § 2.1.3.040; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
Any person who charges that a judge should be removed or reprimanded shall provide the Business Committee with a written notice setting forth the specific factual basis for the charge and the names of all persons who have firsthand knowledge of those facts. The Business Committee shall determine whether the charge constitutes sufficient grounds for reprimand or removal. If so, it shall notify the judge of the charge, in writing. The notice shall be delivered to the judge at least 10 days before a General Council meeting convenes to consider the matter. The judge shall be given an opportunity to answer the charges at the General Council meeting. The decision of the General Council shall be final.
(Prior code § 2.1.3.050; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
No judge shall be qualified to sit as a judge in any case in which he or she has a direct interest or in which any party is a relative in the first or second degree by blood or marriage.
(Prior code § 2.1.3.060; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
A party to any legal proceeding in the Tribal Court may file a request for reassignment of his or her case from one judge to another. The request shall be in the form of an affidavit and must state why the judge is prejudiced in the case or why the judge should otherwise be disqualified. The request shall be filed with the trial judge at least 10 days before trial. The trial judge shall act on the motion at least five days before the trial. An order denying reassignment is a final order and may be appealed from, within the time limit for appeal under the laws of the Chehalis Tribe. All further actions in the case will be stayed pending the outcome of the appeal.
(Prior code § 2.1.3.070; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020; Res. 2016-17)
The Business Committee may appoint a judicial officer. A person must meet all the qualifications of a judge to serve as judicial officer, except a judicial officer shall be at least 21 years of age and may be a non-Indian. A judicial officer shall be subject to removal in the same manner as a judge. The judicial officer has the power to: conduct arraignments, sentence persons who plead guilty at arraignment, issue search warrants, issue arrest warrants, set bail, enter emergency orders under the youth code, conduct preliminary inquiries under the youth code and other duties on behalf of the chief judge when authorized by the chief judge. The judicial officer shall have any additional duties specified under the laws of the Chehalis Tribe.
(Prior code § 2.1.3.080; GC vote 5/2/1988; Res. 1993-31; Res. 1993-43; Res. 2006-63; Res. 2011-020; Res. 2013-033)
This section through CTC § 3.10.140 apply to judges and judicial officers of the Tribal Court. For purposes of this section, "judge" shall include "judicial officer."
(Prior code § 2.1.4.010; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020; Res. 2016-17)
A judge shall at all times seek to carry out his or her duties with fairness and diligence. A judge:
A. 
Shall always conduct himself or herself in such a way as to promote respect for the law;
B. 
Shall not let social relationships, his or her political or religious views, or criticism or praise influence the decisions he or she makes in the Court;
C. 
Shall be patient, courteous, careful, and conscientious in the performance of all official duties; and
D. 
Shall maintain order in the courtroom.
(Prior code § 2.1.4.020; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
A judge shall not discuss any case for which he or she is responsible with any party to the case. A judge shall not seek advice or opinions from other persons, including judges and lawyers, regarding the merits of a particular case. A judge may, however, discuss general principles affecting cases and hypothetical examples with other judges and lawyers, and may seek specific advice from a law clerk employed to give such advice.
(Prior code § 2.1.4.030; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
A judge should disqualify himself or herself from hearing a case in which a close relative is a party or a witness. A judge should disqualify himself or herself from hearing a case in which the judge has interests which may be affected by the outcome, has formed an opinion about the merits of the case, or has personal knowledge of the facts which would prevent him or her from considering all sides impartially.
(Prior code § 2.1.4.050; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)
A judge shall not engage in any outside activity which would be inconsistent with the Court's status as an independent government branch. In particular, the judge shall not participate in legislative or administrative activities of the Tribal government. A judge shall not be swayed by public criticism or clamor regarding his or her official actions. A judge shall make no public comment on matters pending before the Court except in the course of official proceedings.
(Prior code § 2.1.4.060; GC vote 5/2/1988; Res. 2006-63; Res. 2011-020)