APPELLATE
Overview
NICS administers the court of appeals of each of its member tribes according to the rules of appellate procedure, judicial appointments and judicial qualification criteria of each tribe. Numerous non-member tribes throughout the Northwest from Northern California to Southeast Alaska contract with NICS to administer their courts of appeal on a fee-for-service basis.
Tribes interested in receiving appellate services are encouraged to contact NICS for a consultation.
Click here to request a consultation
Appellate Judges
When NICS receives a new appeal from a tribe, NICS checks that the tribe's judicial eligibility criteria and rules of appellate procedure and assembles a panel (typically three judges) meeting the specific criteria, eligibility requirements and needs of that particular tribe. NICS selects the appellate judges from a roster of approximately forty individuals whom NICS has determined to be generally qualified and eligible to serve as tribal appellate court judges.
NICS' appellate judges have outstanding credentials. Over half of NICS' appellate judges are Native American. Nearly ninety percent are law-trained, including graduates of prestigious law schools such as Harvard, Columbia, Michigan, NYU, Boalt Hall, and the University of Washington. Nearly ninety percent are a member of at least one state bar association, and many are licensed to practice in multiple state and tribal courts. Six of NICS' appellate judges are full-time law professors, nearly a quarter have at least part-time law school teaching experience, and several more have taught law-related courses at the undergraduate level.
Most of NICS' appellate judges have also served as trial and/or appellate judges at other tribes. Several NICS judges have served as Chief Judge for at least one other tribe. Generally, the judges travel to the reservation from which the appeal arises to hear oral argument, although oral argument can also be heard telephonically when travel costs are a concern.
Appellate Department Staff
The NICS Appellate Department is staffed by a full-time Department Director who is an experienced attorney with substantial experience in tribal law and federal Indian law. The Appellate Department Director serves as administrator, law clerk, and court consultant.
As administrator , the Department Director recruits and screens new judges, manages NICS' contracts with its judges and with the tribes utilizing NICS appellate services, coordinates scheduling matters and filing of documents, and oversees production of appellate reporters.
As law clerk, the Department Director prepares a preliminary analysis of each appeal and conducts legal research and drafting for the appellate judges as requested.
As court consultant, the Department Director provides analysis and recommendations to tribes regarding rules of appellate procedure, judicial appointments, and other administrative matters; and assists other NICS staff in conducting court evaluations and training.
NICS Appellate Reporters:
The appellate panel issues a written opinion deciding the issues in each appeal administered by NICS. Every two years, those opinions are compiled in fully-indexed, printed appellate reporter and a searchable compact disc that are provided at no cost to NICS' member tribes and tribes utilizing NICS' appellate services on a fee basis. Law libraries, law firms, private practitioners and others interested in tribal courts and tribal law may purchase the NICS appellate reporters for a modest fee that covers the costs of production and distribution.
Order NICS Appellate Reporters, click this link
To view advance copies of opinions issued through NICS since publication of the most recent NICS appellate reporter.
Last updated 10/28/2009
