Council of the Cherokee Nation - File #: 09-170

• File #: 09-170
• Version: 1
• Name: Judicial Branch Compensation Act of 2009
• Type: Legislative Act
• Status: Passed
• File created: 11/3/2009
• In control: RULES COMMITTEE
• On agenda: 12/14/2009
• Final action: 12/14/2009
• Enactment date: 12/14/2009
• Enactment #: LA-24-09
• Title: AN ACT AMENDING LEGISLATIVE ACT 40-03 AND TITLE 20, SECTION 37 OF CHEROKEE NATION CODE ANNOTATED; SETTING ANNUAL STIPENDS OF THE SUPREME COURT JUSTICES; CREATING A SPECIAL CLASS OF EMPLOYEES FOR THE SUPREME COURT JUSTICES AND THE DISTRICT COURT JUDGES; PROVIDING FOR SEVERABILITY; AND DECLARING EMERGENCY
• Sponsors: Cara Cowan Watts
• Indexes: District Court, Stipends, Supreme Court
• Code sections: Title 20 - Courts
• Related files: LA-40-03

Date	Ver.	Action By	Action	Result
12/21/2009	1	OFFICE OF THE CHIEF	Signed
12/14/2009	1	TRIBAL COUNCIL	Approved	Pass
11/17/2009	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
11/17/2009	1	RULES COMMITTEE	Approved with Amendments	Fail

Title
AN ACT AMENDING LEGISLATIVE ACT 40-03 AND TITLE 20, SECTION 37 OF CHEROKEE NATION CODE ANNOTATED; SETTING ANNUAL STIPENDS OF THE SUPREME COURT JUSTICES; CREATING A SPECIAL CLASS OF EMPLOYEES FOR THE SUPREME COURT JUSTICES AND THE DISTRICT COURT JUDGES; PROVIDING FOR SEVERABILITY; AND DECLARING EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act shall be titled as "Judicial Branch Compensation Act of 2009" to be codified under Title 20, Section 37 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to designate the District Court Judges as a special class of employees with certain rights and benefits, similar to the Supreme Court Justices who were granted such designation by LA 40-03.

Section 3. Legislative History

Article V, Section 7 of the Cherokee Nation Constitution, Article VII of the Cherokee Nation Constitution, Title 20, Section 37 of Cherokee Nation Code Annotated, and Legislative Act 7-95 and Legislative Act 40-03, where Supreme Court Justices were first designated a special class of employee.

Section 4. Definitions

A. “Judicial Appeal TribunalSupreme Court Justice” means any duly appointed and confirmed member of the Judicial Appeals TribunalSupreme Court who performs the duties of office under color of law.

B. “Special Class of Employee” means the Justices of the Judicial Affairs TribunalSupreme Court and District Court Judges who will be considered a special class of employees for travel purposes and insurance purposes. the purposes of travel, insurance, retirement, and other benefits.

C. “District Court Judge” means any duly appointed and confirmed member of the District court who performs the duties of office under color of law.


Section 5. Substantive Provisions of Law - Amendment

Title 20 § 37 of the Cherokee Nation Code Annotated shall be amended as follows:

Section 37. Salaries of Justices

The Salary for Justice of the Tribunal Supreme Court ...