An Act
LEGISLATIVE ACT 7- -01
Title
A LEGISLATIVE ACT REQUIRING TRIBAL COUNCIL CONSENT FOR LITIGATION BROUGHT ON BEHALF OF THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification:
This Act shall be known as "The Consent for Litigation Act of 2001". Section 2. Purpose:
The purpose for this enactment is to require Tribal Council consent prior to filing any litigation that involves the Nation's sovereignty or substantial assets.
Section 3. Legislative History:
Article V., Section 7 of the Cherokee Nation Constitution: The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.
Section 4. Definitions: For purposes of this Title:
A. Cherokee Nation: means the government of the Cherokee Nation located
at Tahlequah, Oklahoma.
B. Tribal Council: means the Cherokee Nation Council.
C. F3in: means the initiation of legal action in any court or regulatory body.
D. Litigation: means any proceeding or suit at law.
E. Sovereignty: means the matters that concern the boundaries, or territory,
or the jurisdiction, or treaty rights, or the powers or rights of self- governance of the Cherokee Nation.
F. Substantial Assets: litigation that involves an amount in controversy in
excess of one hundred thousand dollars ($100,000).
G. Principal Chief. means the Principal Chief of the Cherokee Nation.
Section 5. Substantive Provisions:
Any litigation brought on behalf of the Cherokee Nation against any non- Cherokee Nation entity in any court or jurisdiction, must be authorized by the Principal Chief and ratified by the Tribal Council prior to the filing of said litigation, when said suit involves the Sovereignty of the Cherokee Nation or substantial assets. If, due to exigent circumstances, litigation must be commenced or filed prior to securing ratification or approval by the Tribal Council, such ratification or approval must be granted within 60 days or such litigation shall be dismissed. These requirements do not apply to routine civil or criminal litigation carried out by the Justice Department of the Cherokee Nation.
Section 6. Provisions as cumulative:
C.%
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 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 8. Emergency declared:
It being immediately necessary for the welfare of the Cherokee Nation, the Tribal Council hereby declares that an emergency exists, by reason whereof this Act shall take effect and be in full force after its passage and approval
Passed by the Council of the Cherokee Nation on the 12th day of March , 2001.
Hastings Shade, President Cherokee Nation Tribal Council
Approved and signed by the Principal Chief this 12th of March, 2001.
ATTEST:
Stephanie Wickliffe-Shepherd Cherokee Nation Tribal Council
Approved and signed by the Principal Chief this 16th day of March, 2001.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST
Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Wickliffe Shepherd YEA
Harold "Jiggs" Phillips YEA John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YEA Dorothy Jean McIntosh YEA
David W. Thornton, Sr. YEA Nick Lay YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott ABSENT