Article XVIII - The Judicial System
We deny that any outside city, county or state government level judiciary or that any level of civil court can either hear cases involving our members nor may they enforce any action upon our citizenry.
We affirm that the judicial process of the Constituional Cherokee shall be open to every enrolled member of the Constitutional Cherokee. Speedy and certain remedy shall be afforded under the terms of this Constitution for every wrong and injury to person, property or reputation wherein said remedy does not conflict with the laws of the United States. The Council shall prescribe the procedures pertinent thereto. The appropriate protections guaranteed by the Indian Civil Rights Act of 1968 shall apply to all members of the Constitutional Cherokee.
NATIONAL LEVEL:
Section 1. Courts. The judicial power of the Constitutional Cherokee shall be vested in a tribal court of general jurisdiction, a juvenile court of special jurisdiction and an appellate court.
The judge(s) of the tribal and juvenile courts shall be elected and hold offices for a term of 4 (4) years and receive for services a compensation which shall not be diminished during the term of the office. A judge shall be at least thirty (30) years of age and of good moral character. Whenever possible, it is strongly encouraged that a judge have received legal training and or passed a bar exam.
Section 2. Jurisdiction. The judicial power shall extend to all cases, in law and equity, arising under this constitution and the laws of the Constitutional Cherokee, and to all persons and property within the jurisdiction of the tribal lands to the extent permitted by Federal law.
The jurisdiction of these courts over suits against the Constitutional Cherokee is limited to suits brought by a member or members of the Constitutional Cherokee and any judgments obtained in such suits in favor of tribal members against the Constitutional Cherokee shall not exceed $5,000 which will exclude attorney fees.
Section 3. Recall. Upon receipt of a petition signed by at least one-third (1/4) of the eligible (adults over age 21 who are members of the Constitutional Cherokee) voters demanding a recall of an elected judge for good cause, it shall be the duty of the National council of Principal Chiefs to call a special election on the question of the recall within thirty (30) days from the date of the filing of the valid petition.
Section 4. Vacancy. If an elected judge shall die, resign, be removed or recalled from office, or shall be found guilty of a felony or misdemeanor involving dishonesty, in any Indian, State or Federal court, the National council of Principal Chiefs shall declare the position vacant and appoint a qualified person to fill the unexpired term if less than six (6) months remain.
If the unexpired term is more than six (6) months, the National council of Principal Chiefs shall call a special election to elect a new judge to fill the remainder of the unexpired term.
State:
Section 1. Courts. The judicial power of the Constitutional Cherokee shall be vested in a tribal court of general jurisdiction, a juvenile court of special jurisdiction and an appellate court.
The judge(s) of the tribal and juvenile courts shall be elected and hold offices for a term of 4 (4) years and receive for services a compensation which shall not be diminished during the term of the office. A judge shall be at least thirty (30) years of age and of good moral character. Whenever possible, it is strongly encouraged that a judge have received legal training and or passed a bar exam.
Section 2. Jurisdiction. The judicial power shall extend to all cases, in law and equity, arising under this constitution and the laws of the Constitutional Cherokee, and to all persons and property within the jurisdiction of the tribal lands to the extent permitted by Federal law.
The jurisdiction of these courts over suits against the Constitutional Cherokee is limited to suits brought by a member or members of the Constitutional Cherokee and any judgments obtained in such suits in favor of tribal members against the Constitutional Cherokee shall not exceed $5,000 which will exclude attorney fees.
Section 3. Recall. Upon receipt of a petition signed by at least one-third (1/4) of the eligible (adults over age 21 who are members of the Constitutional Cherokee) voters demanding a recall of an elected judge for good cause, it shall be the duty of the state council of Chiefs to call a special election on the question of the recall within thirty (30) days from the date of the filing of the valid petition.
Section 4. Vacancy. If an elected judge shall die, resign, be removed or recalled from office, or shall be found guilty of a felony or misdemeanor involving dishonesty, in any Indian, State or Federal court, the state council of Chiefs shall declare the position vacant and appoint a qualified person to fill the unexpired term if less than six (6) months remain.
If the unexpired term is more than six (6) months, the state council of Chiefs shall call a special election to elect a new judge to fill the remainder of the unexpired term.
LOCAL
The Judicial system on the local level is to be handled first through the clan system and all seeking of redress must begin within the persons clan. Whenever a person does not know their clan through their mother, they may petition to the clan mothers to see if one of the clans would be willing to mediate with them.
If a remedy is sought within a clan but either none is reached or the individual wishes to appeal, they may request to then have their case heard by each of the clan mothers meeting in council. All 7 clan mothers must be present at such a meeting and a decision must be reached with at least 5 of the 7 clan mothers in agreement on the decision.
If the the persons involved wish to appeal the clan mothers decision, it may be presented to the state level of judiciary and if they choose to hear the case, they may review it there.
If the persons involved wish to appeal the state level decision, they may requested that the national judiciary hear the case and if they choose to hear it, this will be the final level of appeal.
Failure to notify that the next level is willing to hear a case from a lower level within 90 days is to be seen as up holding the lower courts decision, however that next level may revisit the issue and call the parties to be heard for up to 12 months after the appeal is made.
