Council of the Cherokee Nation - File #: 23-065

• File #: 23-065
• Version: 3
• Name: ENABLING ACT FOR THE COURT ON THE JUDICIARY OF 2016
• Type: Legislative Act
• Status: Reported from Committee
• File created: 10/13/2023
• In control: TRIBAL COUNCIL
• On agenda: 10/26/2023
• Title: AN ACT IMPLEMENTING THE COURT ON THE JUDICIARY AS MANDATED UNDER ARTICLE 8 SECTION 5 OF THE CONSTITUTION OF THE CHEROKEE NATION
• Sponsors: Johnny Kidwell , Mike Shambaugh, Kevin Easley Jr., Daryl Legg, Joshua Sam, Danny Callison, Joe Deere, Melvina Shotpouch, Julia Coates
• Indexes: Constitution, court, Judicial Branch
• Code sections: ?? - Unknown, Title 20 - Courts
• Related files: CNCA-20

Date	Ver.	Action By	Action	Result
4/25/2024	2	RULES COMMITTEE
3/28/2024	1	RULES COMMITTEE
12/11/2023	1	RULES COMMITTEE	Tabled	Pass
11/6/2023	1	RULES COMMITTEE
10/26/2023	1	RULES COMMITTEE	Special Action

Title
AN ACT IMPLEMENTING THE COURT ON THE JUDICIARY AS MANDATED UNDER ARTICLE 8 SECTION 5 OF THE CONSTITUTION OF THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act shall be known and may be cited as the "Enabling Act for the Court on the Judiciary of 2024."
COURT ON THE JUDICIARY
CHAPTER 1

General Provisions

Section 2. Purpose

This Title is adopted for the purpose of implementing the constitutional mandate of creating a body and process for review of judicial conduct.


Section 3. Authority

This Title is enacted pursuant to Article VIII, Section 5, of the Constitution of the Cherokee Nation ruled effective by the Cherokee Nation Supreme Court on July 26, 2003:

"There is hereby created a Court on the Judiciary. Each branch of the government shall select two members of the Court; one of whom shall be a member of the Cherokee Nation Bar Association and the other shall be a non-lawyer. The six members shall appoint a seventh member. The members of the Court on the Judiciary shall promulgate its own rules of procedure, assuring due process, to be submitted to the Council for review and approval. The authority of the Court shall include suspension, sanction, discipline or recommendation of removal. The members shall not be employees of the Cherokee Nation or any entities thereof. The Council shall pass such laws as are necessary for carrying into effect the provisions of this section. All members of the Court shall be citizens of the Cherokee Nation."

Section 4. Definitions

For purposes of this Title, the following terms shall be defined as follows:
1. Attorney. "Attorney" means any law-trained Cherokee Citizen who is licensed to practice law in the Courts of the Cherokee Nation.
2. Discipline. "Discipline" means corrective actions used to address misconduct or to ensure that such misconduct will not be repeated.
3. Misconduct. "Misconduct" means willful, wanton, extreme,...