2.12.020 Board of Competency

This Board shall consist of the Chief Tribal Judge, the prosecuting attorney of the Tribe and a reputable practicing physician appointed by the Tribal Council. In the event a prosecuting attorney has not been appointed by the Tribe, the Chairman of the Tribal Council shall serve as a member of the Board.

The function of this Board shall be to determine the competency or incompetency of any Indian. In no case shall the Board act without all three members present. The Chief Tribal Judge shall be the Chairman of such Board and the prosecuting attorney shall be the clerk. In the case of the temporary absence or inability of either of such members to act, the chairman or the prosecuting attorney shall call to his aid a reputable practicing physician or licensed attorney who may act in the same capacity. The record in such cases must show the fact of the absence.

Before entering upon the duties of his office, each of the persons constituting such Board shall take and subscribe an oath or affirmation to support the Constitution of the United States and of the reservation, and to discharge faithfully his official duties according to law, which oath shall be filed in the office of the Clerk of Courts of the Turtle Mountain Tribal Court.

The Board shall hold the hearing in the Tribal Court room unless for good reason it shall select some other place. If it deems necessary or advisable, it may hold sessions at such times as it may fix or upon notice of the Chairman of the Board. The meeting shall not be open to the public.