Title
AN ACT AMENDING LEGISLATIVE ACT 24-09 TO CONFORM SUPREME COURT COMPENSATION TO LEGISLATIVE ACT 18-24
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known as the “Supreme Court Compensation Alignment Act of 2026” and shall be codified under Title 20, Section 37 of the Cherokee Nation Code Annotated.
Purpose 2. Purpose
The purpose of this Act is to amend Legislative Act 24-09 in order to conform the compensation of Justices of the Cherokee Nation Supreme Court with the compensation framework established in Legislative Act 18-24, including Section 5(D)(9) thereof.
Section 3. Legislative History
Legislative Act 7-95
Legislative Act 40-03
Legislative Act 24-09
Legislative Act 18-24
Section 4. Substantive Provisions
Legislative Act 24-09, Section 37 is hereby amended in its entirety to read as follows:
Section 37. Compensation of Justices of the Supreme Court
A. Compensation for Justices of the Cherokee Nation Supreme Court, including the Chief Justice, shall be as established by the Citizens Committee on Compensation pursuant to Legislative Act 50-21, as amended by Legislative Act 18-24, Section 5(D)(8) and Section 5(D)(9), and any subsequent amendments thereto.
B. Salaries of Justices of the Cherokee Nation Supreme Court shall be no less than the salaries of members of the Council of the Cherokee Nation, and the salary of the Chief Justice shall be no less than the salary of the Speaker of the Council of the Cherokee Nation, as provided in Legislative Act 18-24, Section 5(D)(9)(a).
C. Fringe benefits and post-service benefits available to members and former members of the Supreme Court shall be consistent with those available to members and former members of the Council of the Cherokee Nation, as provided in Legislative Act 18-24, Section 5(D)(9)(b) and Section 5(D)(9)(c).
D. The Justices of the Supreme Court and the District Court Judges shall remain a special class of employees for purposes of travel, insurance, retirement and other benefits, and shall continue to be entitled to health insurance, retirement and other benefits that are offered to other elected and appointed officials of the Cherokee Nation, except as otherwise modified by Legislative Act 18-24 and this Act.
E. Justices of the Supreme Court and District Court Judges shall continue to be exempt from disciplinary action through Human Resources Department policy and procedures and may only be disciplined or removed under provisions of the Constitution of the Cherokee Nation.
Section 5. Severability
The provisions of this Act are severable and if any part or 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 6. Emergency Declared
It being immediately necessary for the welfare of the Cherokee Nation to clarify and conform the compensation provisions applicable to the Cherokee Nation Supreme Court with Legislative Act 18-24, the Council of the Cherokee Nation hereby declares that an emergency exists, by reason whereof this Act shall take effect and be in full force after its passage and approval.