Section 6. Judicial Board

(a) This section shall establish a Judicial Board that shall consist of the following voting members:

(i) one lay person from each district; and

(ii) one lay person elected at large who shall serve as the Chairperson of the Judicial Board; and

(iii) one member of the Turtle Mountain Tribal Council; and

The following non-voting advisors:

(iv) two attorneys; and

(v) one member of the Turtle Mountain Judicial Branch.

The lay members of the Judicial Board must be enrolled members of the Turtle Mountain Tribe residing within the district he/she represents and must not serve in any tribal elective or appointive position. Attorneys must be licensed in the Turtle Mountain Tribal Court and be members in good standing with any state or federal court. (Amendment XVII, Approved February 3, 1995)

(b) Duties: The Judicial Board shall have authority to develop, and implement the overall general policy of the Judicial Branch of government, to develop and implement a code of judicial and professional ethics, to establish rules of procedure for the court, develop and implement impeachment procedures and to recommend legislative change to the Tribal Council for the enhancement and development of the Judicial Branch of Government. Nothing within this policy shall be construed to grant the Judicial Board authority to regulate the day-to-day activities of the court, develop the court’s budget or to interfere with the administration of justice.

(c) Selection of Judicial Board members and terms of Office: District lay members shall be enrolled members of the Turtle Mountain Band of Chippewa, residents of the districts they represent (See also Section 6(a) above) and shall be elected by majority vote of eligible voters of each district at the regularly scheduled general election. Candidates for the Judicial Board shall file their candidacy with the Secretary/Treasurer in the manner described in ARTICLE V, Section 4 (b) of the Turtle Mountain Constitution. Attorney Positions shall be appointed by the Judicial Branch of government by consensus of the Chief Judge and Associate Judge(s). The Judicial Branch representatives shall be appointed by consensus of all judges, except the impeachment judge, of the judicial branch of government. The Tribal Council representative shall be appointed by the majority vote of the Tribal Council. Terms of office shall be for a two-year period. No member of the Judicial Board may serve more than two consecutive terms but may be reappointed after their absence from the Judicial Board by at least one term.

(d) A special election shall be held no later than 45 days after the effective date of ARTICLE XIV for the purpose of selection the lay members of the Judicial Board. Thereafter, the election of lay members shall occur in conjunction with the regularly scheduled general election.