Chapter 31.04 JUDGES
(1) Appointment of Judges. Only the Tribal Council may appoint judges, and such appointments must be consistent with this Code and Tribal law. With Tribal Council approval, the Office of Legal Counsel is authorized to contract with the Northwest Intertribal Court System (NICS) for judicial services and to pay the amounts deemed appropriate and reasonable by them for those services. The Tribal Council shall determine the compensation of each judge appointed under this chapter, except the Tribal Council may not increase or reduce any judge’s compensation during his or her term of office.
(2) Qualifications of Tribal Court Judges. To be eligible to serve as a judge in the Tribal Court, a person must:
(A) Be at least 25 years of age;
(B) Never have been convicted of a felony, or never have been convicted, within the past 10 years preceding his/her service, of a misdemeanor involving moral turpitude, corruption, or dishonesty;
(C) Agree to be subject to a background investigation which shall be conducted by the Tribal Administrative Department; and
(D) Be licensed to practice law by any state within the Ninth Federal Circuit.
(3) Oath. All judges shall assume office following their appointment by taking the following oath of office, administered by the Tribal Council or Office of Legal Counsel:
I,______, do solemnly swear that I will uphold and protect the Constitution and By-Laws of the Cowlitz Indian Tribe, and Tribal law. I will fairly administer Justice and perform the duties of judge to the best of my abilities.
(4) Term of Office of Tribal Court Judge. An appointed Tribal Court judge shall serve for a term not to exceed two years, except when a judge is removed or resigns as provided below. A Tribal Court judge may be reappointed by the Tribal Council.
(5) Removal and Resignation of Tribal Court Judge. A duly appointed Tribal Court judge may be removed for cause by a unanimous vote of the Tribal Council. A judge may resign by providing written notice to the Tribal Council, and such resignation shall be effective upon receipt. Judges that are removed or have resigned are not entitled to any compensation after the termination of their appointment.
(6) Disqualification of Judges. A defendant, or other party to any legal proceeding, may change the assignment of their case from one judge to another upon filing an affidavit of prejudice with the Tribal Court stating their belief that the judge assigned to the case is prejudiced against their case. The affidavit shall be in writing and must be filed with the Tribal Court before any trial action has been taken by the initial judge. The second judge shall pass on the adequacy of the affidavit of prejudice and enter the appropriate order. An order denying any reassignment shall be deemed a final order and may be immediately appealed to the Court of Appeals. All further actions in the case will be stayed pending the outcome of the appeal. A party may seek disqualification and reassignment under this subsection only once. [Res. 24-44, 2024.]