27.07.060 Granting the Writ of Habeas Corpus.
Any justice of the Court of Appeals may grant a writ of habeas corpus upon petition by or on behalf of any person restrained of liberty within the jurisdiction of the Cowlitz Indian Tribe.
(1) After a petition for writ of habeas corpus is presented to the Court, the judge shall immediately issue an order directing the respondent, through the prosecutor, to show cause why the writ should not be allowed, unless the petition on its face is barred by CTC 27.07.040, or is otherwise frivolous. The prosecutor shall represent the Chief of Police, Tribal agency, or Tribal entity in any proceedings. The show cause order must be served as soon as practicable on both the respondent and prosecutor by personal service or service by first class mail to the mailing addresses on file with the Tribe, unless otherwise directed by the Court. Upon issuance of a show cause order:
(A) The judge shall order the respondent, through the prosecutor, to appear in writing in opposition to the issuance of the writ as soon as is practicable and not more than 72 hours from the date, excluding weekends and holidays, that the show cause order issues.
(B) The judge shall rule on the show cause order within five days after the respondent, through the prosecutor, files a written appearance in opposition or the appearance period expires, whichever comes first. Upon making a ruling, the judge shall do one of the following, as appropriate:
(a) If the motions, files, and records of the case conclusively show that the petitioner is entitled to no relief, issue a judgment denying the petition without prejudice and explain the reason for denial.
(b) If the motions, files, and records of the case conclusively show that the petitioner is entitled to relief, issue a writ of habeas corpus requiring that a return be made.
(2) If the person commanded by the writ refuses to obey, that person must be held in contempt.