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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Oct. 7, 1983)
Spilyay Tymoo October 7,1983 Page 9 Appeals process explained This diagram explains what happens after a notice of appeal has been Hied. First, the notice of appeal will be given to the Chief Appeal Judge. The Chief Appeals Judge then reviews the, notice and decides whether or not an appeal hearing will be granted. If the Chief Appeals Judge denies the request, appellates are entitled to file another notice, restating the reasons for appealing the decision of the trial court. If an appeal hearing is granted, an appeals panel consisting of at least three ap p e a ls ju d g e s w ill be appointed. All appeals judges are tribal members. A hearing will then be scheduled during which the appeals judges will consider the case. Before the time, each person is entitled to submit a written statement to th e a p p e a ls ju d g e s explaining their position. Also, each person is entitled to appear at the appeals hearing and present their case orally to the judges panel. The presentation of new evidence or the calling of witnesses is not allowed at the appeals hearing. The judges panel will make their decision based upon the recording of the proceeding that was made in the trial court and any arguments that were presented to them. The judges are not re trying the case, they are simply deciding whether the judge in Jud g e ’s schedule the trial court made an error or not. After the appeals hearing, the appellate will receive a written decision of the appeals court. Once that decision has been made, it is final and there are no further appeals allowed. If there are any questions about the procedures, or about what is happening in your case. It is stressed that the Appellate Court is separate of the Trial Court in responsibilities. T he A p p e lla te C o u rt hearings will be held in the tr ib a l c o u rt c o u rtro o m downstairs and Will run on a timely basis when an appeals hearing is scheduled. Notice of Appeal Filed (w/ in 30 days) of trial court decision and given to Court Admin, (stay ox judgement issued) ■ notice of Appeal can be refiled w/ in 10 days to be reconsidered [Notice of Appeal given to Chief Appeallate Judge | Î request denied" »request granted party involved notified in writing w/ in one week appeals panel appointed rules of court given to parties (w/in 10 days) parties given chance to submit written statements (w/in 15 days) pre-hearing meeting to review the records appeals hearing-party allowed to speak A p p e lla te deliberate (w/in 10 days) Ju d g e The following is the daily schedule for Chief Judge Irene W ells and Ju d g e D ave Harding. This schedule became effective October 3,1983, in the hopes to simplify and improve the court system and to develop a m ore w orkable co u rt scheduling guideline. MONDAYS 8 a.m. to 11 a.m.—Judge’s meeting; 11 a.m.—backlog cases; I p.m. to 5 p.m.—adult cases including arraignments (10 minutes each) and not guilties (1 hour each). TUESDAYS Judges will work on not guilty cases the entire day. Every third Tuesday, the judges will handle housng cases, every fourth Tuesday, the judges will handle probate hearings. WEDNESDAYS Beginning at 9 a.m., the judges will handle civil hearings (!4 hour per case); dispositions (5 m in u te s p e r ca se ); sentencings (5 minutes per case); show cause (10 minutes pet; case); and no guilties (1 hour each). Beginning at 1 p.m., adult arraignments and traffic court cases will be alternated between Wells and Harding. Not guilties will be heard when time is available. THURSDAYS Beginr.ing at 9 a.m.. Judge Wells will conduct jury trial. Judge Harding will handle jury trials beginning at 2 p.m. FRIDAYS ' A d u lt a r r a i g n m e n t s , emergencies and not guilties will be handled beginning at 9 a.m. The court is closed on Friday afternoons and justice team m eetin g s w ill be alternated with staff meetings. The following is the daily schedule of Juvenile Judge Anita Jackson. On M onday mornings, beginning at 8 a.m., judge’s meetings are held. Beginning at 10 a.m., adoptions (!4 hour per case) and relinquishments, terminations and parental duty to support cases (each lasting 10 to 15 minutes) will be heard. Each Monday, Tuesday, Wednesday and Thursday, custody cases are heard beginning at 2 p.m. Also included are petitions (1 hour per case); reviews (!4 hour per case) and emergencies (!4 hour per case). On Mondays only, p re lim in a rie s a re h ea rd beginning at 3:30 p.m. Also heard Monday through Thursday are arraignments beginning at 4 p.m. On Tuesdays and Thursdays, divorces are heard, (1 hour per case). Also heard are divorce MOD, separation agreements, R.O. and filiation. Each case is allotted !6 hour. On Tuesdays, Wednesdays and Thursdays, custody cases are heard including petitions, reviews and emergencies. Each case is allotted !4 hour to 1 hour. Beginning at 9 a.m. on Wednesdays, not guilties and remands are heard. Following preliminaries on F rid a y m o rn in g s, nam e changes and guardianships will be handled beginning at 9 a.m. At 10 a.m., dispositions and contempt of court cases are handled. From 11 a.m. to noon, miscellaneous hearings are handled. Tribal Court is closed on Friday afternoons. p an e Yard Sale ppellate judge panel give final ecision in writing Use baking soda to extinguish fire M onday and Tuesday, October 10-11 10:00 a.m. til 6 p.m. “Raising funds to help Terry and C.R. to go the National Finals” Clothes, kids clothes, tack, baked goods, etc. W hen small grease of or baking soda at the base of gui& hed, c a ll th e tir e A t G r a y b a e l ’s h o u s e , 2 1 1 5 electrical fires flare up in the the flames. But use caution! In department. When you reach for the kitchen 1) turn off the heat in a deep-fat fire, don’t toss the W asco/H ollyw ood Blvd. the broiler, range or oven, 2) baking soda into hot oil—this baking soda, don’t reach into on the Campus the refrigerator; the baking unplug the appliance, if may cause spattering! Instead, possible and 3) stand back and slide a lid on sideways. If the soda may have caked with time toss generous handful of salt fire is not immediately extin- and won’t spread enough to extinguish the flame. Instead always keep an open box near your kitchen stove and near your woodburning stove. A* Your T-shirts are in! You purchase. The shirts are sky You can easily make a fire pail by simply pouring baking may pick them up in the blue, with the Simnasho There was this little boy who asked his college-bound big Marathon logo printed on the soda into a one pound coffee Extension office any time. brother, “Wha-cha reading?” His brother answered, “How front. Cost is $5.00 Extra T-shirts are available for can. Hannibal crossed the Alps with a big elephant.” The little boy, “Well, what did he get, a mountain with big ears?” YIKES », Toe Ness s SS SS SS The wife said to her husband: “Wasn’t it disgusting the way those men stared at the girl who was getting on the bus?” The husband, “What bus?” YIKES SS SS SS This doctor told the wife, “Your husband needs a lot of rest, here’s some sleeping pills.* The wife answered, “When shall I give them to him?” The doctor said, “They’re not for him, they’re for you.” YIKES Marathon T-shirts are in SUBSCRIPTION TO SPILYAY TYMOO SEND SUBCRIPTION TO SPILYAY TYMOO P.O. Box 735 WARM SPRINGS, OR 97761 NAME______________ __________ ________________ A D D R E S S _______________________________ CITY__________________ STATE Z|P SS SS SS This mother told her little boy, “Go to sleep now, the sandman is coming,” The little boy sleepily answered, “Well, slip me 50 cents and I won’t tell dad.” YIKES SS SS SS SUBSCRIPTION RATES: ONE YEAR $6.00 All Warm Springs tribal members will receive the Spilyay Tymoo at no cost. Spilyay Tymoo is published bi-weekly by the Confederated Tribes of Warm'Springs.