[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.201]



[Page 23]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

     Subpart B_Courts of Indian Offenses; Personnel; Administration

 

Sec.  11.201  Appointment of magistrates.



    (a) Each magistrate shall be appointed by the Assistant Secretary--

Indian Affairs or his or her designee subject to confirmation by a 

majority vote of the tribal governing body of the tribe occupying the 

Indian country over which the court has jurisdiction, or, in the case of 

multi-tribal courts, confirmation by a majority of the tribal governing 

bodies of the tribes under the jurisdiction of a Court of Indian 

Offenses.

    (b) Each magistrate shall hold office for a period of four years, 

unless sooner removed for cause or by reason of the abolition of the 

office, but is eligible for reappointment.

    (c) No person is eligible to serve as a magistrate of a Court of 

Indian Offenses who has ever been convicted of a felony or, within one 

year of the date of service or application, of a misdemeanor.

    (d) No magistrate shall be qualified to act as such wherein he or 

she has any direct conflicting interest, real or apparent.

    (e) A tribal governing body may set forth such other qualifications 

for magistrates of the Court of Indian Offenses as it deems appropriate, 

subject to the approval of the Assistant Secretary--Indian Affairs, or 

his or her designee.

    (f) A tribal governing body may also recommend requirements for the 

training of magistrates of the Court of Indian Offenses to the Assistant 

Secretary--Indian Affairs.