A. 
There is hereby established the Supreme Court of the Menominee Indian Tribe (which may be referred to as the "Supreme Court") which is vested with jurisdiction over all appeals from all lower Tribal Courts as may be established by the Tribal Legislature. On all matters, the Supreme Court shall constitute the Court of last resort. Judges of the Supreme Court shall be referred to as "Justices." The Supreme Court shall consist of one Chief Justice and two Associate Justices.
B. 
There is hereby established the Menominee Indian Tribal Court (which may be referred to as the "Tribal Court") which is vested with original jurisdiction of all matters within the judicial powers of the Menominee Tribal Judiciary with the exception of subject areas which the Tribal Legislature may by ordinance place within the exclusive jurisdiction of another judicial forum. One Judge shall preside over each Tribal Court.
A. 
The Tribal Legislature shall appoint, by 2/3 of the entire Legislature:
(1) 
One Chief Justice and two Associate Justices for the Supreme Court.
(2) 
Such Judges as the Tribal Legislature may determine for the Tribal Courts.
(3) 
Such Judges as the Tribal Legislature may determine for Courts with original jurisdiction over specialized subject matters (e.g., a Tribal Juvenile Court) as the Tribal Legislature in the future may see fit to establish.
B. 
Any Supreme Court Justice may serve as a Judge in the Tribal Court when necessary to provide an available judicial forum in the Tribal Court, provided that the Justice so serving shall be disqualified from participating in a review of any decision entered by him or her while sitting as a Tribal Court Judge. In appropriate circumstances, the Chief Justice shall designate the Justice to serve as the Tribal Court Judge on a case-by-case basis.
A. 
A quorum of two Judges (including at least one Justice appointed to the Supreme Court by the Tribal Legislature) shall be required to review and decide each case on appeal. If two Judges review a case and divide 1-1 as to affirmance, the lower court's decision shall be deemed affirmed.
B. 
The Chief Justice may designate a Tribal Court Judge, or other lower court Judge, to serve as Acting Justice on a case-by-case basis when necessary to provide an available appellate forum consisting of two Acting Supreme Court Justices or, in the discretion of the Chief Justice, to provide an appellate forum consisting of three Acting Supreme Court Justices, provided that no more than one Tribal or other lower court Judge shall so serve on any one case, provided further that no Judge shall so serve who has rendered judgment in the case as a Tribal Court Judge.
C. 
The Chief Justice may appoint a Tribal Court Judge from another Indian Reservation to serve as a lower court Judge on a case-by-case basis whenever the Chief Justice believes such an appointment is necessary in the interests of justice.
A. 
Supreme Court. The Tribal Legislature shall appoint one Chief Justice and two Associate Justices to the Supreme Court to terms of office as shall be determined in the discretion of the Legislature, provided that each such appointment shall state the term to be served by such appointee. Vacancies which result from any cause prior to the expiration of a term may be filled as provided for above.
B. 
Tribal Courts. The Tribal Legislature shall appoint Tribal Court Judges in such numbers and to such terms as in the discretion of the Legislature are deemed necessary to fulfill the needs of Tribal Court. Vacancies which result from any cause prior to the expiration of a term may be filled as provided for above.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Judges shall receive for their services a reasonable compensation as determined by the Tribal Legislature. The Tribal Legislature shall not diminish the compensation of a Judge during his or her term in office.
The provisions of Article V, Section 5, of the Tribal Constitution shall govern the removal of Judges from office.
A. 
Judges shall administer justice and discharge all duties imposed upon them by law and shall hear and decide matters of a judicial nature and enter judgments and orders disposing of such matters. In the absence of the Court Clerk, a Judge may perform the Clerk's duties in addition to his own and may receive cash bail or bonds whenever a Clerk or other authorized person is not available.
B. 
The Chief Justice shall be responsible for the administration of all Courts, unless otherwise provided by ordinance, and shall supervise all probation and parole officers. In addition, the Chief Justice shall be responsible for the assignment of cases and the management of the Court's calendar and business. The Chief Justice shall designate an Associate Justice to act as Chief Justice in his absence.
C. 
All Judges of the Courts of the Menominee Indian Tribe shall conform their conduct to the Code of Judicial Conduct as adopted by the American Bar Association.
D. 
Every judicial officer has power to:
(1) 
Preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of his official duty.
(2) 
Compel obedience to his lawful orders.
(3) 
Compel the attendance of persons to testify in a proceeding before him as provided by law.
(4) 
Administer oaths to persons in proceedings before him and in any other case where such shall be necessary in the exercise of his powers and duties.
(5) 
Punish for contempt to assure the effectual exercise of these powers.
Pursuant to Article V, Section 6, of the Tribal Constitution, the Supreme Court shall by order establish written rules of procedure and ethics for all Tribal Courts.
A. 
Pursuant to Article VI, Section 5, of the Tribal Constitution, the Tribal Judiciary shall appoint and supervise the Tribal Election Commission which shall consist of three eligible voters of the Menominee Indian Tribe. Appointment and supervision of the Tribal Election Commission shall be the responsibility of the Supreme Court pursuant to Article VI, Section 8(b), of the Tribal Constitution.
B. 
The Tribal Election Commission shall perform all the functions delegated to it under the Tribal Constitution.
C. 
The Tribal Courts shall perform all functions delegated to them under the Tribal Constitution with respect to the Tribal Election Commission.
A. 
A Judge shall disqualify himself from hearing any matter in which he has a direct interest or in which any party to the matter is a relative by blood, to the fourth degree (first cousins), or where he feels that he will not be able to render a just decision.
B. 
Any party to a legal proceeding may request a change of assignment of Judges to hear the proceeding by filing a written affidavit of prejudice giving sufficient reasonable grounds why the Judge assigned should not hear the case. Such affidavit shall be presented to the Judge assigned to hear the case who shall rule on the sufficiency himself or turn the affidavit over to the Chief Justice or some other Judge for a decision as to whether a different Judge should be assigned.
A. 
Every Judge prior to taking office shall take the following oath of affirmation: "I __________________, do hereby solemnly swear that I will support and defend the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, that I will carry out faithfully and impartially the duties of my office to the best of my ability, and that I will promote and protect the best interests of the people of the Menominee Indian Tribe of Wisconsin."
B. 
Said oath may be administered by a member of the Menominee Legislature or by a Judge of the Court.
A. 
Upon duly adopted ordinance by the Menominee Tribal Legislature appropriating funds for the employment of a Court Clerk, the Supreme Court shall appoint a Court Clerk pursuant to Article V, Section 7, of the Tribal Constitution. The Tribal Legislature may similarly provide appropriations for the appointment of Assistant Clerks if such Clerks are deemed necessary.
B. 
It shall be the duty of the Court Clerk to supervise and keep all records, files, dockets or other records required to be kept by the Tribal Judicial Code, by rule of the Court, tribal resolution or as otherwise established and further to keep a written record of all proceedings of the Court, to administer oaths, to collect and account for all fines, bail or bond money, fees or other charges which cause money to come to the Court, to deposit and account for all such monies in the manner prescribed by the Menominee Legislature, and to disburse such money as authorized by law. The Clerk shall further assist the Court in any way required to facilitate the performance of its duties, aid the police or private citizens in their dealings with the Court, and may render advice and assistance to individual members of the Tribe or their counsel in the drafting of documents incidental to proceedings in the Courts.
A. 
Every Clerk shall take the following oath upon assuming office: "I, __________________, do hereby solemnly swear that I will support and defend the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, that I will carry out faithfully and impartially the duties of my office to the best of my ability, and that I will promote and protect the best interests of the people of the Menominee Indian Tribe of Wisconsin."
B. 
Such oath shall be administered by the Chief Justice of the Supreme Court or any Tribal Court Judge.
[1]
Editor's Note: Former § 120-17, Tribal Prosecutor, was repealed 9-16-2021 by Ord. No. 21-78. See now Ch. 98, Government Plan.
A. 
The Administrative Manager may appoint one or more persons to be probation and parole officers and shall determine the qualifications, terms of employment, and compensation of such officers.
B. 
Probation and parole officers, subject to the supervision of the Chief Justice, shall have the responsibility of assuring the faithful performance of probation or parole agreements by persons subject thereto, counseling such persons and their families, preparing pre-sentence or other reports as requested by a Tribal Judge, and doing such other things as may be directed by a Tribal Judge or otherwise required by law.
C. 
A probation and parole officer shall have the authority of a police officer to make arrests for violation of probation or parole agreements.
Upon duly adopted ordinance by the Menominee Tribal Legislature appropriating funds for the employment of secretarial and other personnel, such personnel shall be appointed by the Supreme Court.