9-1-12. POWERS AND DUTIES OF JUDGES.
- Judges shall administer justice and discharge all duties imposed upon them by law and shall hear and decide matters of a Judicial nature and enter judgments and orders disposing of such matters. In the absence of the Court Clerk, a Judge may perform the Clerk’s duties in addition to his own and may receive cash bails or bonds whenever a Clerk or other authorized person is not available.
- The Chief Judge shall be responsible for the administrative of all Courts, including the Tribal Juvenile Court, which shall be administered by the Juvenile Court Judge under the supervision of the Chief Judge. The Chief Judge shall supervise all probation and parole officers. In addition, the Chief Judge shall be responsible for the assignment of cases and the management of the Court’s calendar and business. The Chief Judge shall designate an Associate Judge to act as Chief Judge in his or her absence.
- All judges of the Courts of the Rosebud Sioux Tribe shall conform their conduct to the Code of Judicial Conduct as adopted by the American Bar Association.
- Every Judicial Officer has Power to:
- Preserve and enforce Order to his immediate presence, and in proceedings before him, when he is engaged in the performance of his official duty;
- Compel obedience to his lawful orders;
- Compel the attendance of persons to testify in a proceeding before him as provided by law;
- Administer oaths to persons in proceedings before him and in any other case where such shall be necessary in the exercise of his powers and duties;
- Punish for contempt to assure the effectual exercise of these powers.
- A Judge shall disqualify himself from hearing any matter in which he has a direct interest or in which any party to the matter is a relative by blood, in the fourth degree (first cousin, or where he feels that he will not be able to render a just decision).
- Any party to a legal proceeding may request a change of assignment of Judges to hear the proceedings by filing a written Affidavit of Prejudice giving sufficient reasonable grounds why the Judge assigned should not hear the case. Such Affidavit shall be presented to the Judge assigned to hear the case, who shall rule on the sufficiency of the Affidavit, and if sufficient, either disqualify himself or turn the Affidavit over to the Chief Judge or some other Judge for a decision as to whether a different Judge should be assigned.
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