CONSTITUTION

ARTICLE V - COURTS

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Section 1. Establishment and Authority. The judicial power of the Kaw Nation shall be vested in one Supreme Court consisting of three (3) Justices and such inferior courts as may be established by tribal law.

Section 2. Jurisdiction. The Courts of the Kaw Nation shall e courts of general jurisdiction and shall further have jurisdiction in all cases arising under the constitution, laws, and treaties of the Kaw Nation. The Supreme Court shall have original jurisdiction in such cases as may be provided by law, and shall have appellate jurisdiction in all other cases.

Section 3. Selection of Judicial Officers. The Justices of the Supreme Court and Judges of inferior courts shall be selected by the Executive Council and confirmed by the General Council, Provided, That, justices and judges may be appointed by the Executive Council at the request of the Supreme Court to hear a specific case in which the regular Justices or Judges disqualify themselves. Magistrates of the inferior courts may be appointed by the Executive Council for a term of two (2) years, and shall undertake such limit judicial functions as the Supreme Court may by rule provide.

Section 4. Term of Office. The Justices and Judges of the Kaw Nation shall serve six (6) year terms beginning at the data of their confirmation in office and until their successor shall be duly confirmed and installed. At the expiration of his term of office, each Justice or Judge shall, at his option, be considered by the General Council for reconfirmation to a new term of office without opposition.

Section 5. Removal. Justices and Judges of the Kaw Nation may be removed from office only by a majority of the other active Justices and Judges sitting together upon a showing of habitual neglect of the duties of office, oppression in office for personal gain or advantage, or conviction in any court of a felony or other crime involving moral turpitude. Magistrates serve at the pleasure of the Executive Council and may be removed with or without cause at any time. In no case may a judicial officer be removed from office because of his decision or vote in any case before the Court.

Section 6. Judicial Review. The Courts are specifically authorized to review, in any case properly before them, the actions of the General Council, Executive Council, or any other officers, agents, or employees of the government of the Kaw Nation to determine whether those actions are prohibited by Federal law, this constitution or the laws of aha Kaw Nation. If the action complained of is outside the scope of authority delegated to entity in question, or if a proper authority is being exercised in a prohibited manner, the Court may enter injunction or other proper equitable relief or declare the action unconstitutional and void as justice may require.

Section 7. Effective Date, Interim Provisions.

  1. This article shall be effective upon enactment of an authorizing resolution by the General Council, and the Executive Council shall thereafter have the authority to enact such laws as may be necessary for the full and proper functioning of the Courts of the Kaw Nation not inconsistent with this article.

  2. Until this article becomes effective, the judicial power of the Kaw Nation shall remain vested in the Court of Indian Offenses of the Anadarko Area Office, Provided, That, the Executive Council shall have authority to contract for the operation of the Court of Indian Offenses, and to modify the Court created by this article in order to utilize an intertribal court system in conjunction with other tribes in the Anadarko Area Office jurisdiction, such modification to remain in effect so long as the Kaw Nation is a participant in such intertribal court system.