A. Article VI, Section 2 of the Constitution authorizes the Tribal Council to make the Tribe’s laws.

B. Article VI, Section 2(a) of the Constitution grants the Tribal Council the power to make all laws, including resolutions, codes, and statutes.

C. Article VI, Section 2(f) of the Constitution grants the Tribal Council the power to authorize expenditures by law and appropriate funds in an annual budget.

D. Article VI, Section 2(p) of the Constitution grants the Tribal Council the power to pass laws which further develop and define the Tribal Court so long as those laws are consistent with the Constitution.

E. Article VIII of the Constitution concerns the Tribal Court of Wilton Rancheria.

F. Article VIII, Section 1 of the Constitution provides that there shall be one (1) Chief Judge of the Tribal Court and other associate judges as deemed necessary by the Tribal Council. Tribal Court judges shall be appointed by the Tribal Council and shall be admitted to practice law before the highest court of any state.

G. Article VIII, Section 3 of the Constitution provides that the judicial power of the Tribe shall be vested in the Tribal Court. The Tribal Court shall have the power to interpret and apply the Constitution, laws, customs, and traditions of the Tribe.

H. Article VIII, Section 4 of the Constitution provides that the Tribal Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or in equity, arising under the Constitution, laws, customs, and traditions of Wilton Rancheria, including cases in which the Tribe, or its officials and employees, shall be a party. Any such case or controversy arising within the jurisdiction of the Tribe shall be filed in the Tribal Court before it is filed in any other court. This grant of jurisdiction by the General Council shall not be construed to be a waiver of the Tribe’s sovereign immunity.

I. Article VIII, Section 5 of the Constitution provides that the Traditional Court shall be made up of a pool of elders appointed by the Tribal Council.

J. Article VIII, Section 6 of the Constitution provides that the Traditional Court shall exist to assist the Tribal Court in the resolution of cases or controversies involving tribal members and to advise the Tribal Court on matters of custom and tradition.

K. Article VIII, Section 7 of the Constitution provides that the Tribal Council may create a Tribal Court panel for appellate review. However, no person serving as Chairperson, as Vice-Chairperson, or as a member of Tribal Council may simultaneously serve on any such panel.

L. Article VIII, Section 8 of the Constitution provides that any judge with a direct personal or financial interest in any matter before the Tribal Court shall recuse. The Tribal Council shall appoint a judge or justice pro tempore to fill any vacancy due to recusal. (Res. 2021-43; Res. 2020-76; Res. 2019-08)