The Torres Martinez Tribe, according to its Constitution, Article XXII, Sec. 3, uses an Intertribal Court.
This section of the Governing Agreement hereby creates a Court of Appeals within the ICSC.
The jurisdiction of the Court of Appeals shall extend to all appeals from final orders and judgments of the ICSC Trial Court. The Court of Appeals shall review all determinations of the ICSC Trial Court on matters of law, but shall not set aside any factual determinations of the Trial Court if such determinations are supported by substantial evidence.
As the need for appellate services arises, the TJCSC shall appoint a Chief Judge and two Associate Judges, none of whom shall have served or presided over the case on appeal at the trial level. The TJCSC will set forth the terms of each appointment and the compensation for each Judge.
The Court of Appeals shall keep a record of all appellate proceedings, showing the:
(a) title of the case,
(b) name and addresses of all parties and representatives,
(d) dates of any oral arguments,
(e) names of the Judges who heard and decided the case, and
(f) judgment, together with any other facts and circumstances deemed of importance to the case. [A record of all proceedings leading to incarceration shall be submitted to the Regional Director of the Pacific Regional Office, to be made a part of the records of the Office as required by 25 U.S.C. 200.]
Unless specifically provided under this Governing Agreement or Rules of Court, all decisions and opinions of the ICSC shall be published in a format that shall be available to the public at the administrative offices of the Court.
Any party aggrieved by a final order or judgment of the ICSC Trial Court may file a petition requesting the ICSC Court of Appeals review the order or judgment as provided by Section 206.
In any criminal case, the defendant shall have an appeal as a matter of right from a judgment of conviction. An ICSC Member Tribe shall have no right of appeal from a final judgment of the Trial Court regardless of whether the verdict is rendered by a judge or jury. Appeals in criminal cases shall be taken as provided in Section 207.
A party to a civil case shall file a Petition for Review, including any docket fee and bond required pursuant to this section, with the Court Clerk within fifteen (15) days from the date of entry of the Trial Court’s final order or judgment. No extension of the fifteen (15) day period shall be granted.
The Petition for Review shall:
(a) specify the parties taking the appeal,
(b) designate the final order or judgment, or part appealed from, and
(c) contain a short statement why the petition should be granted.
The Court Clerk shall mail a copy of the petition for review to all parties other than the petitioner. Other parties shall have fifteen (15) days to respond to the petition for review, after which time the Court of Appeals shall either grant the petition, and allow the appeal to be heard, or deny the petition.
The Petition for Review shall be accompanied by a docket fee of one hundred ($100.00) dollars and a bond, the amount of which will be determined by the Chief Judge of the ICSC but shall not exceed five-hundred ($500.00) dollars. The Chief Judge of the ICSC may waive or reduce the docket fee and/or bond amount if he/she finds the appellant is indigent.
In civil cases the petitioner may request the Trial Court to stay the judgment pending the determination of the petition or of the appeal if the petition is granted, and either party may request the Trial Court grant or stay an injunction pending appeal. The Trial Court may condition a stay or injunction pending appeal on the depositing of cash or bond satisfactory to the Trial Court. The appellant’s bond shall be sufficient to cover the damages awarded by the Trial Court with interest. The cash or bond may be deposited at or after the time the petition is filed. The stay shall be effective when the Trial Court approves the deposit of cash or bond. The appellant may petition the Court of Appeals to review any decision of the Trial Court under this Section.
Any appeal in a criminal case must be taken within fifteen (15) days of the Trial Court’s final judgment by filing a written Notice of Appeal with the Court Clerk of the ICSC. No extension of the fifteen (15) day period shall be granted.
The Notice of Appeal shall:
(a) specify the party or parties taking the appeal,
(b) specify the judgment or part thereof appealed from, and
(c) contain a short statement setting forth the reasons for the appeal.
The Court Clerk shall mail a copy of the Notice of Appeal to all parties except for the party taking the appeal.
In criminal cases the defendant may be continued on release or be released on bail. The appellant may petition the Court of Appeals, or Chief Judge thereof, to review any decision of the Trial Court taken under this Section.
Any surety to a bond thereby submits himself/herself to the jurisdiction of the ICSC, and irrevocably appoints the Court Clerk as his/her agent upon whom any papers affecting his liability on the bond may be served. The liability of a surety may be enforced on motion without the necessity of any independent action. The motion, as prescribed by the Trial Court, may be served on the Court Clerk who shall mail copies of the motion to the surety at his/her last known address.
Within five (5) days of the filing of the Petition for Review in a civil case or a Notice of Appeal in a criminal case, the Court Clerk shall certify and file with the Court of Appeals all papers comprising the record in the case.
Within thirty (30) days after a Petition for Review is granted, or the Notice of Appeal is filed, or within such other time as the Court of Appeals allows, the Appellant may file a written brief, memorandum or statement in support of his appeal. At the time of filing, the Appellant must submit one (1) original for the Court and one (1) copy for each Appellate. Thereafter, the Court Clerk shall mail one (1) copy by registered or certified mail, with return receipt requested, to each Appellate. The return receipt shall then be filed with the Court Clerk.
The Appellate shall have fifteen (15) days after receipt of the appellant’s brief, memorandum or statement to file an answer brief, memorandum, or statement if he or she so desires. The Court of Appeals may modify this timeframe if it believes under the circumstances it would be judicious to do so. The Appellate shall file one (1) original for the Court and one (1) copy for each Appellant. Thereafter, the Court Clerk shall mail one (1) copy by registered or certified mail, with return receipt requested, to each appellant. The return receipt shall be filed with the Court Clerk.
No further briefs, memoranda or statements shall be allowed, without leave of Court of Appeals.
In Civil Cases, the Court of Appeals may, in its discretion, hold oral arguments or decide the case based upon the briefs submitted by the parties. However, in all Criminal Cases, the Court of Appeals shall hold oral arguments.