Council of the Cherokee Nation - File #: 07-016

• File #: 07-016
• Version: 2
• Name: Duties of the Office of the Marshal
• Type: Legislative Act
• Status: Passed
• File created: 1/12/2007
• In control: TRIBAL COUNCIL
• On agenda: 1/25/2007
• Final action: 4/22/2007
• Enactment date: 4/16/2007
• Enactment #: LA-17-07
• Title: A LEGISLATIVE ACT AMENDING TITLE 51, "OFFICERS" OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO THE DUTIES OF THE OFFICE OF THE MARSHAL; AND DECLARING AN EMERGENCY
• Sponsors: Meredith Frailey
• Indexes: Marshal Service
• Code sections: Title 51 - Officers and Employees
• Related files: R-70-06, 24-108, 12-112

Date	Ver.	Action By	Action	Result
4/23/2007	2	OFFICE OF THE CHIEF	Signed
4/16/2007	2	TRIBAL COUNCIL	Approved	Pass
3/30/2007	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
2/23/2007	2	RULES COMMITTEE	Tabled	Pass
1/25/2007	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 51, "OFFICERS" OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO THE DUTIES OF THE OFFICE OF THE MARSHAL; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION: Section 1. Title and Codification
This Act shall be known as the Cherokee Nation Marshal Act and shall be codified as Title 51, Chapter 6, Sections 6 let seq. of the Cherokee Nation Code Annotated.
Section 2. Purpose.
The purpose of this Act is to prescribe by law the duties and authority of the Cherokee Nation Office of Marshal as required by the Cherokee Nation Constitution drafted in 1999 and ratified in 2003. The Council recognizes the duties and powers delegated to the Office of the Marshal by said Constitution and finds that nothing herein shall be construed to diminish or abridge those duties and powers delegated to the Office of the Marshal by said Constitution.
Section 3. Legislative History
This Act repeals the present provisions of Title 51 CNCA §§ 61, 62, 63 and 64 and Title 51 CNCA § 71. On June 7, 2006, in case number JAT-05-04, the Cherokee Nation Supreme Court declared that the Cherokee Nation Constitution drafted in 1999 and ratified by the Cherokee People in 2003 was in effect as of July 26, 2003. This Act is necessary in order to comply with Article VII, Section 14 of the 1999 Cherokee Nation Constitution.
Section 4. Repeal of Title 51, Sections 61 through 71 of the Cherokee Nation Code
Annotated.
The provisions concerning the Marshals and Reserve Deputy Marshals, codified at Cherokee Nation Code Annotated, Title 51, Sections 61 through 71, are hereby repealed and superseded in their entirety by this Act.
Section 5. Title 51, Cherokee Nation Code Annotated § 61 shall read as follows:
Definitions.
"Administration" means the Executive Branch of the Cherokee Nation as provided for in
Article VII of the Cherokee Nation Constitution.
"Agency" means commissions, departments, Government-owned companies, or other
instrumentalities of the C...