Article XI – Tribal Court
The Rosebud Sioux Tribal Court shall be separate and distinct from the legislative and executive branches of tribal government. No person, including any tribal official or person acting in behalf of a tribal official, shall induce or attempt to induce a favorable decision, or interfere in any manner whatsoever with any decision of any judge of the Tribal or Supreme Court. The Tribal Council shall pass legislation which shall denote sanctions for the violation of this section.
The Tribal Court shall consist of one chief judge and such associate judges and staff as are deemed necessary by the Chief Judge, with the advice and consent of Tribal Council. All tribal court personnel shall be subject to the supervision of the Chief Judge. The Chief Judge shall establish such staff positions within the Tribal Court as may be necessary for efficient operation. The Chief Judge shall have the authority to establish qualifications for court staff and shall make the final selection of said staff.
The authority of the Tribal Court shall include but is not limited to the power to review and overturn tribal legislative and executive actions for violations of this Constitution or of the Federal Indian Civil Rights Act of 1968 as well as to perform all other judicial and court functions.
The Chief Judge shall promulgate rules of pleading, practice, and procedure applicable to any and all proceedings of the tribal court, consistent with the provisions of this Constitution and requirements of federal law. In case of failure of the Chief Judge to establish such rules, the Tribal Council shall have the authority to establish them.
The Tribal Council shall set forth qualifications for Tribal Court Chief Judge, Associate Judges, and staff positions by ordinance. The Tribal Council shall appoint a Chief Judge for a term of not less than four years and associates for terms not less than two years.
During the tenure of his or her appointment, the Chief Judge, or an Associate Judge may be suspended or dismissed by the Tribal Council only for cause, as defined by the Judicial Code of Ethics, upon due notice and an opportunity for a hearing open to tribal members.
There is hereby established the Rosebud Sioux Tribe Supreme Court. The Supreme Court shall take appeals from the Rosebud Sioux Tribal Court that are deemed meritorious under rules and standards set by the Rosebud Sioux Tribal Council by ordinance. The authority of the court shall include the power to review and overturn tribal legislative and executive actions for violations of this Constitution or of the Federal Indian Civil Rights Act of 1968 as well as to perform all other appellate court functions. The Tribal Council shall determine the number of Supreme Court Justices as well as their qualifications and tenure. No Supreme Court Justice may be removed before the end of their tenure, except for cause. (Amendment W – September 20, 2007 – vote 612 for; 176 against; 18 ballots spoiled or mutilated)