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*
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You can easily make a fire
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There was this little boy who asked his college-bound big
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Hannibal crossed the Alps with a big elephant.” The little boy,
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Toe Ness s
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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
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This doctor told the wife, “Your husband needs a lot of rest,
here’s some sleeping pills.* The wife answered, “When shall I
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