The Judicial powers shall be vested in the Justices and Judges of the Cherokee Courts as herein provided, which shall constitute the Judicial Branch of government for the Eastern Band of Cherokee Indians. The Judicial Branch shall have sole power to interpret the Constitution, laws, treaties, customs and traditions of the Eastern Band of Cherokee Indians, and issue all legal and equitable orders, writs, and decrees in aid of its jurisdiction.
Section 1. Composition. The Judicial Branch shall be comprised of one Supreme Court, one Trial Court, and such other inferior appellate courts and Trial Courts of Special Jurisdiction as may be established by law. The Supreme Court shall be known as the “Cherokee Supreme Court” and the Trial Court shall be known as the “Cherokee Trial Court.”
Clause 1. Cherokee Supreme Court. The Supreme Court shall be comprised of one Chief Justice and no less than two Associate Justices. The Cherokee Supreme Court shall always sit with an odd number of Justices.
Clause 2. Cherokee Trial Court. The Trial Court shall be comprised of one Chief Judge and no less than two Associate Judges.
Clause 3. Courts of Special Jurisdiction. The Trial Courts of Special Jurisdiction shall be comprised of Judges as assigned by the Chief Justice.
Clause 4. Temporary Adjudicators. The Court shall maintain a list of temporary justices, judges and magistrates available for assignment to particular cases or duties by the Chief Justice.
Section 2. Qualifications.
Clause 1. Chief Justice. The Chief Justice shall be a United States citizen, have acquired a Juris Doctor degree from a school accredited at the time of graduation by the American Bar Association with demonstrated knowledge of Federal Indian law, and shall have no less than five (5) years of experience as a judge in a Tribal, state, or Federal court.
Clause 2. Associate Justices. The Associate Justices shall have acquired a Juris Doctor degree from a school accredited at the time of graduation by the American Bar Association with demonstrated knowledge of Federal Indian law and shall have no less than two (2) years of experience as a judge in a Tribal, state, or Federal court.
Clause 3. Chief Judge. The Chief Judge shall have acquired a Juris Doctor degree from a school accredited at the time of graduation by the American Bar Association with demonstrated knowledge of Federal Indian law and shall have no less than two (2) years of experience as a judge in a Tribal, state, or Federal court.
Clause 4. Associate Judges. The Associate Judges shall have acquired a Juris Doctor degree from a school accredited at the time of graduation by the American Bar Association and shall be members in good standing with the Cherokee Bar.
(January 2022 draft + commentary to view the corresponding explanation.)