PART VI JUDICIAL ADMINISTRATION
The discipline of active members not in leadership positions
If a request is made for investigation of an enrolled member accused of unethical conduct, such charges shall be placed in writing and signed by at least 2 active enrolled members of that individuals clan who have been in faithful attendance at community chapter events for at least 2 years. The clan mother and the clan council will hear and rule on the charges, notifying the Principal Clan mother of the outcome.
If the accused wishes to appeal then The Principal clan mother shall appoint 2 members from each clan of the 7 traditional clans and hear the charges. They shall rule on this and notify the Community Chapter’s Council of the outcome and the Community Chapter’s Secretary shall notify the State Chapter Council via the State Chapter Secretary.
If the accused wishes to appeal, they may appeal to the state chapter who will hear the case and make their ruling, notifying the National Council of their actions.
If the state chapter declines to hear the appeal, the community Chapter’s ruling is upheld.
the discipline of leaders
RULES OF PROCEDURE
The National Court of Appeals shall adopt uniform Rules of Procedure governing all proceedings before Councils of Discipline and courts of appeal. After such rules are adopted and published, they shall be the final authority in all judicial proceedings. Printed Rules of Procedure shall be supplied by the National Secretary. Changes or amendments to such rules may be adopted by the National Court of Appeals at any time, and when these are adopted and published they shall be effective and authoritative in all cases. Any steps that are thereafter taken in any proceeding shall be in accordance with such change or amendment.
COMMUNITY CHAPTER PROCEDURES
STATE COURT OF APPEALS
NATIONAL COURT OF APPEALS
Than National Assembly shall elect seven leaders of good reputation and who are active members of the Constitutional Cherokee to serve as members of the National court of Appeals during each ensuing 7 year period between assemblies or until their successors are elected and declared qualified by the National Council of Chiefs. This court shall be known as a Council of Discipline and shall have jurisdiction as follows:
1 To hear and determine all appeals from the action or decision of any state chapter Councils of discipline.
2. to hear and to determine appeals concerning the action of any state assembly affecting the interests of a leader amenable to that assembly.
3. to hear and determine appeals from the action of any state Chief in matters affecting the interests of a leader. When such appeals are so determined by said court, such determination shall be authoritative and final
VACANCIES:
Vacancies that may exist in the National Court of Appeals during the interim between sessions of the National Assembly may be filled by appointment of the Council of National Chiefs until the next regularly scheduled National Assembly.
Per diem and expense allowances for members of the National Court of Appeals shall be the same as that of other members of the National Council of the Constitutional Cherokee, when the members of the court are engaged in official business of the court, and payment therefore shall be made by the National Treasurer.
The National Secretary shall be the custodian of all permanent records and decisions of the National Court of Appeals.
GUARANTY OF RIGHTS
The right to a fair and impartial hearing of charges pending against an accused leader or active member shall not be denied or unduly postponed. Written charges shall be given an early hearing in order that the innocent may be absolved and the guilty brought to discipline. Every accused is entitled to the presumption of innocence until proven guilty. As to each charge and specification, the prosecution shall have the burden of proving guilt to a moral certainty and beyond a reasonable doubt.
The cost of preparing the record of a case, including a verbatim transcript of all testimony given at the trial, for the purpose of an appeal to the next level of appeals, shall be born by the state where the hearing was held and disciplinary action taken. Every leader or member who appeals shall have the right to present oral as well as written argument upon his or her appeal, but tis right may be waived in writing by the accused.
A leader or enrolled member who is accused of misconduct or any violation of the Handbook of the Constitutional Cherokee and against whom charges are pending shall have the right to meet his or her accusers face-to-face and to cross-examine the witnesses for the prosecution.
The testimony of any witness before a Council of Discipline shall not be received or considered in evidence unless such testimony be given under oath or solemn affirmation. NO testimony shall be given “anonymously”.
A leader or layperson who is brought before a Council of Discipline to answer charges shall always have the right to be represented by counsel of his or her own choosing, provided such counsel be a member in good standing of the Constitutional Cherokee. Any full member of a regularly organized community chapter against whom no written charges are pending will be considered in good standing.
A leader or member shall not be required to answer charges for any act that occurred more than 7 years before the filing of charges, and no evidence will be considered at any hearing for any matter that occurred more than 7 years before the charges were filed. Provided, however, that if the person aggrieved by any such act was under the age of 21 or found to be mentally incompetent of making an accusation or filing a charge, such a 7 year limitation period would not begin to run until the aggrieved person reached age 21 or became mentally competent.
If a leader is convicted of a felony by a court of competent jurisdiction, he or she shall immediately step down from the position of authority until a review may be held by the state chapter of which the leader is a member. At the request of the leader, and if the Council of Discipline has not previously been involved, the State Chapter Advisory Council shall investigate the circumstances of the conviction and may restore the leader if it deems that to be appropriate action.
A leader of member shall not be twice placed in jeopardy for the same offense. It shall not be considered, however, that such person was placed in jeopardy at any hearing or proceeding where he court of appeals discovers reversible error committed in the original proceeding before a Council of Discipline.
