An Act
Legislative Act 10 - 02
Title
ACT RELATING TO IMPEACHMENT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known as the "Impeachment Procedures for Elected Officials" and codified as Title 51, Chapter 8, Sections 81 - ? of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act is to establish procedures for impeachment of the Principal Chief, the Deputy Principal Chief, or Tribal Council members, hereinafter "Elected Officials."
Section 3. Legislative History
Article XI ? 1 of the Cherokee Nation Constitution states, "The Principal Chief and the Deputy Principal shall be subject to removal from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any conviction involving moral turpitude committed while in office."
Article XI ? 2 of the Cherokee Nation Constitution states, "All other elective officers shall be subject to removal from office in such manner and for such causes as may be provided by laws passed by the Council."
Article XI ? 3 of the Cherokee Nation Constitution states, "The Council shall pass such laws as are necessary for carrying into effect the provisions of this Article, insuring therein that due process is afforded the accused."
Section (code section) 4. Definitions
For purposes of this Title:
A. Special Prosecutor means: an attorney admitted to practice law before the
highest Court of the State of which he or she is a resident, and shall not be an employee, contractor or official of the Cherokee Nation.
B. Impeachment means: the prosecution through the Special Prosecutor of an
elected official, under the Constitution, for willful neglect of duty, corruption in office, drunkenness, incompetency, or any conviction involving moral turpitude committed while in office.
C. Articles of Impeachment means: The articles of impeachment are the written
accusations of one or more of the grounds for impeachment, prepared and sworn to by ...
Click here for full text