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AN ACT AMENDING LEGISLATIVE ACT 40-03 AND TITLE 20, SECTION 37 OF CHEROKEE NATION CODE ANNOTATED; SETTING ANNUAL STIPENDS OF THE SUPREME COURT JUSTICES; CREATING A SPECIAL CLASS OF EMPLOYEES FOR THE SUPREME COURT JUSTICES AND THE DISTRICT COURT JUDGES; PROVIDING FOR SEVERABILITY; AND DECLARING EMERGENCY
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BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be titled as "Judicial Branch Compensation Act of 2009" to be codified under Title 20, Section 37 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to designate the District Court Judges as a special class of employees with certain rights and benefits, similar to the Supreme Court Justices who were granted such designation by LA 40-03.
Section 3. Legislative History
Article V, Section 7 of the Cherokee Nation Constitution, Article VII of the Cherokee Nation Constitution, Title 20, Section 37 of Cherokee Nation Code Annotated, and Legislative Act 7-95 and Legislative Act 40-03, where Supreme Court Justices were first designated a special class of employee.
Section 4. Definitions
A. "Judicial Appeal TribunalSupreme Court Justice" means any duly appointed and confirmed member of the Judicial Appeals TribunalSupreme Court who performs the duties of office under color of law.
B. "Special Class of Employee" means the Justices of the Judicial Affairs TribunalSupreme Court and District Court Judges who will be considered a special class of employees for travel purposes and insurance purposes. the purposes of travel, insurance, retirement, and other benefits.
C. "District Court Judge" means any duly appointed and confirmed member of the District court who performs the duties of office under color of law.
Section 5. Substantive Provisions of Law - Amendment
Title 20 ยง 37 of the Cherokee Nation Code Annotated shall be amended as follows:
Section 37. Salaries of Justices
The Salary for Justice of the Tribunal Supreme Court shall be $27,600 per annual; and the salary for Chief Justice shall be $28,800 per annual. The Justices of the Judicial Appeals TribunalSupreme Court and the District Court Judges will be entitled to health insurance, retirement and other benefits that are offered to other elected and appointed officials of the Cherokee Nation. shall be considered a special class of employees for travel purposes. Justices of the Judicial Appeals Tribunal will be entitled to health insurance benefits that are offered to other elected and appointed officials of the Cherokee Nation. Justices of the Judicial Appeals TribunalSupreme Court and District Court Judges are exempt from any disciplinary action through the Human Resource Department Policy and Procedures. Justices of the Judicial Appeals TribunalSupreme Court and District Court Judges may only be disciplined or removed under provisions of the Constitution of the Cherokee Nation.
Section 6. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Effective Date: Emergency Declared
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.
Section 9. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.