TCT.2.4.050 Disqualification, Recusal, and Removal of Judges or Magistrates

(a) Disqualification.

(1) A judge or magistrate shall be disqualified to sit on any case in which he or she has any direct interest, is or has been or reasonably may be a witness, or is a spouse, parent, child, grandparent, grandchild, brother, or sister of a party. In the event that more than one judge has been appointed, the clerk of court shall randomly select from the Chief Judge, Associate Judge(s), Pro Tempore Judge(s), or the Magistrate to serve in the place of the disqualified judge or magistrate. In the event all Lac Courte Oreilles judges or magistrates are disqualified, the clerk of court shall randomly select from the list of appellate judges maintained under Chapter TCT.3 – Appellate Code to preside over the case.

(2) An appellate judge shall be disqualified to hear any appeal in any case in which he or she sat as a trial judge, has any direct interest, has been a witness, or is a spouse, parent, child, grandparent, grandchild, brother, or sister of a party. Upon disqualification, the clerk of the appellate court shall randomly select another judge from the list of appellate judges to serve on the case.

(b) Recusal.

(1) A judge or magistrate shall recuse himself or herself from a case in which he or she has a conflict of interest or the appearance of a conflict of interest or in any other case where failure to recuse would be a violation of 2 LCOTCL Chapter 6 – Judicial Conduct Code. In the event that more than one judge has been appointed, the clerk of court shall randomly select from the chief judge, associate judge(s), pro tempore judge(s), or the magistrate to serve in the place of the disqualified judge or magistrate. In the event all Lac Courte Oreilles judges or magistrates are disqualified, the clerk of court shall randomly select from the list of appellate judges maintained under Chapter TCT.3 – Appellate Code to preside over the case.

(2) If a Judge or Magistrate determines that he or she has no conflict of interest or the appearance of a conflict of interest in any case, a party may petition the Tribal Governing Board as to whether the Judge or Magistrate should be recused. The Tribal Governing Board shall make a decision on the Judge or Magistrate's recusal by a majority vote of a quorum of the Tribal Governing Board.

(1) A judge or magistrate may be suspended from office upon written charges brought for his or her removal which recited good cause. Good cause shall be limited to serious or repeated violations of 2 LCOTCL Chapter 6 – Judicial Conduct Code, a conviction of a crime or of an ordinance adopting a state criminal statute, a repeated failure to attend scheduled court dates, or serious or repeated disregard of unambiguous tribal laws. A hearing shall be provided before the Tribal Governing Board within ten (10) days of the judge's or magistrate's receipt of written notice of the charges, at which time the judge or magistrate shall be provided with the opportunity to respond to the charges against him or her, including the presentation of the testimony of witnesses in his or her behalf. A judge or magistrate may be removed only for good cause shown at the hearing, and only upon a majority vote taken by secret ballot of a quorum of the Tribal Governing Board.

(2) Upon the removal, resignation, or physical or mental incapacity of a judge or magistrate, the Tribal Governing Board shall appoint an individual to the remainder of the term of office.