Any elected or appointed official of the Eastern Band of Cherokee Indians who violates their oath of office or is guilty of any offense making them ineligible to hold said office may be impeached and removed from office by a two-thirds unweighted vote of council.
Section 1. Allegations of Misconduct. Any claims of misconduct by an elected or appointed official shall be referred to the Audit and Ethics Committee who shall meet within thirty (30) days to determine whether any further action is warranted.
Section 2. Drafting of Charges. If further action is warranted, the Audit and Ethics Committee shall investigate and determine whether there is sufficient cause to draft Articles of Impeachment. If there are multiple officials to be charged, separate articles shall be drafted for each official. The Audit and Ethics Committee will present the article(s) to Tribal Council.
Section 3. Acceptance of Charges. In open session where a quorum is present, Tribal Council shall hear the allegations of misconduct presented in the Articles of Impeachment. The Audit and Ethics Committee shall bring the allegations of misconduct to the floor for a majority vote on whether to accept any Article of Impeachment. Upon acceptance, a date shall be set no later than sixty (60) days from the date of ratification for a hearing on any article so ratified.
Clause 1. Limited Presence. Anyone named in an Article of Impeachment shall be permitted to be present while the Information is read into the record but shall not be permitted to be present during any discussions or vote on the article wherein they are named.
Clause 2. Ratification. The Tribal official named in an Article of Impeachment shall not be involved in, nor interfere with the process of ratification of that specific article.
Section 4. Hearings. Tribal Council will hold public hearings on whether to convict the individual named in the ratified Articles of Impeachment. The ratified Articles are not a limiting factor in what the Tribal Council may consider.
Clause 1. Rights of the Accused. Persons named in ratified Articles shall have the right to defend themselves with their own attorney, present evidence, call witnesses, subpoena persons or things pursuant to the Cherokee code, and perform cross-examinations.
Clause 2. Prosecution. The Audit and Ethics Committee shall hire an attorney to prosecute the case. If during the prosecution more charges are discovered, the Articles of Impeachment may be amended.
Clause 3. Tribal Council. A quorum of Tribal Council shall convene to listen to the entire case without prejudice before rendering a verdict convicting or acquitting a defendant.
Clause 4. Duties of the Presiding Jurist. The Chief Justice of the Cherokee Supreme Court or his/her peer justice as a designee, shall preside over the hearings, rule on evidentiary and procedural objections, possess the power of contempt, and ensure the proceedings are carried out in an ordered and unbiased manner. The Chief Justice shall not participate in the deliberations for impeachment and does not have a vote.
Section 5. Judgment. Less any Council Representative who may stand accused, Tribal Council may perform their deliberations in a closed session but shall be in an open session to cast votes.
Clause 1. Conviction. To sustain a conviction, the prosecution shall prove an Article of Impeachment by clear, logical, and convincing evidence. A two/thirds (2/3) supermajority unweighted vote of the Tribal Council quorum present must be reached to convict the accused. If convicted, the official shall be immediately removed from office. The vacancy created shall be filled according to applicable provisions of this Constitution.
a. Appeal. An official convicted by Tribal Council and thereafter removed from office following impeachment cannot seek judicial review of such conviction. Tribal Council has sole authority to impeach an elected or appointed official.
Clause 2. Acquittal. If a supermajority vote is not reached on an Article, the official shall be acquitted of that Article.
Section 6. Penalties. A judgment of conviction causing an official to be removed by impeachment rendered by the Tribal Council shall include a disqualification from holding future elected or appointed office of the Eastern Band of Cherokee Indians
Clause 1. Reversal of Removal and Penalties. All judgments and penalties determined by Tribal Council regarding impeachment are final and are not subject to review by any other branch of Tribal government.
Clause 2. Criminality. A judgment to remove from office by impeachment shall be final. Civil and criminal charges of the impeached official may be brought forward in a court of law.
Clause 3. Restitution. The Eastern Band of Cherokee Indians may initiate a civil action in the Judicial Branch to seek restitution of any funds or property misappropriated or wrongfully acquired by an individual removed by impeachment.
(January 2022 draft + commentary to view the corresponding explanation.)