Title
CHEROKEE NATION RESERVATION, JUDICIAL EXPANSION AND SOVEREIGNTY PROTECTION ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This legislative act shall be titled and codified as the “Cherokee Nation Reservation, Judicial Expansion and Sovereignty Protection Act.”
Section 2. Findings
The Council of the Cherokee Nation finds that the opportunities presented by the United States Supreme Court’s decision in Oklahoma v McGirt requires both immediate action and long-term planning to secure Cherokee Nation’s reservation, protect Cherokee Nation’s sovereignty and the health and welfare of Cherokee citizens and our neighbors.
Section 3. Purpose
The purpose of this Act is to authorize the expansion of Cherokee Nation’s judiciary, prosecution staff and Marshal service to ensure the Nation has adequate court, prosecution and law enforcement capacity, indigent defense resources, incarceration and rehabilitation services.
Section 4. Substantive Provisions
§ 1 Authorization to Apply for Federal Funding
A. The Principal Chief is authorized to apply for grants or other provision of funds from the federal government relating to the purposes of this Act where such authorization is required by federal law, regulation or policy, without limitation and without the need for further Council authorization.
B. The Principal Chief shall advise the Council, in writing, of any such applications.
C. Nothing herein limits the authority of the Council to make appropriation of such funds obtained under this section.
§ 2 Authorization for Referees
The Chief Justice of the Supreme Court and the Presiding Judge of the District Court are hereby authorized to appoint Referees in their respective Courts to address pre-trial motions, discovery, evidentiary issues, acceptance of guilty pleas, and other issues as may be assigned. All Orders of a Referee shall also be signed by the Chief Justice or the Presiding Judge. Challenges to any findings or rec...
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