ARTICLE V - COURTS
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 be 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 limited 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 date 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 hereby 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 the Kaw Nation. If
the action complained of is outside the scope of authority delegated to the
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.
- 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.
- 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.
