Council of the Cherokee Nation - File #: 07-041

• File #: 07-041
• Version: 1
• Name: Judicial Reform and Jurisdiction Act of 2006
• Type: Legislative Act
• Status: Veto Sustained
• File created: 2/23/2007
• In control: TRIBAL COUNCIL
• On agenda: 6/29/2007
• Final action: 6/11/2007
• Enactment date: 5/14/2007
• Enactment #: LA-23-07
• Title: A LEGISLATIVE ACT AMENDING TITLE 20, “COURT AND PROCEDURES” OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO COURT RULES AND JURISDICTION; AND DECLARING AN EMERGENCY
• Sponsors: Taylor Keen
• Indexes: Courts and Procedure, Jurisdiction
• Code sections: Title 20 - Courts
• Related files: 07-100

Date	Ver.	Action By	Action	Result
6/11/2007	1	TRIBAL COUNCIL	Tabled	Pass
5/21/2007	1	OFFICE OF THE CHIEF	Vetoed
5/14/2007	1	TRIBAL COUNCIL	Approved	Pass
4/27/2007	1	RULES COMMITTEE	Approved with Amendments	Pass
3/30/2007	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 20, “COURT AND PROCEDURES” OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO COURT RULES AND JURISDICTION; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title:

This act shall be known as the “Judicial Reform And Jurisdiction Act of 2006” and shall be codified as Title 20 Chapter 1, et. seq. of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to establish jurisdiction of the Supreme Court over Constitutional matters, provide for Tribal Council adoption of Court rules and codify the name change from Judicial Appeals Tribunal to Supreme Court in all laws and official documents of the Cherokee Nation


Section 3. Legislative History

- This Act amends certain sections of Title 20 of the CNCA

- Cherokee Nation Legislative Act 40-03

- Cherokee Nation Constitution Article VIII Section 4, which states:

“The original jurisdiction of the Supreme Court shall extend to a general supervisory control over all lower courts. General supervisory control does not include suspension, removal, or disciplinary action of any member of the judiciary. These powers are specifically reserved for the Court on the Judiciary as prescribed in Section 5 and/or Article XI.

The Supreme Court shall employ an Administrator, who shall have general administrative duties in the judicial branch. The Justices of the Supreme Court shall have supervisory authority over the Administrator.

In support of its original and appellate jurisdiction, the Supreme Court shall have power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other jurisdiction as may be conferred by statute. The appellate jurisdiction of the Supreme Court shall extend to all cases at law and in equity arising under the laws or Constitution of the Cherokee Nation.

The Supreme Court shall ...