Section 3. Installation.
Clause 1. Chief Justice.
a. Appointment. Recommendations for the position of Chief Justice shall be submitted to the Principal Chief by a panel consisting of the Cherokee Community Club Council Officers who are citizens of the Eastern Band of Cherokee Indians and active Justices and Judges of the Cherokee courts. The Chief Justice shall be nominated by the Principal Chief from the recommendations presented by the panel and confirmed by Tribal Council.
b. Vacancy of office or reappointment. In the event that the Chief Justice is unable to complete the current term of service or successfully completes the current term of service, Article VI, Section 3.1.a of this Constitution shall apply.
Clause 2. Other Justices and Judges.
- Appointment. Nominations for the position of Associate Justices, Chief Judge and other judges shall be submitted to the Tribal Council for confirmation by a panel consisting of the Cherokee Community Club Council Officers and the Chief Justice.
Clause 3. Temporary Adjudicators and Magistrates. Prior to assignment, temporary Justices and Judges shall be nominated by the Principal Chief and confirmed by Tribal Council. Magistrates shall be appointed exclusively by the Chief Justice.
Clause 4. Adjudicators at the time of adoption. Notwithstanding any other provision of this Constitution, any Justice or Judge of the Eastern Band of Cherokee Indians Courts who holds that office at the time this Constitution is adopted shall continue to assume all powers and duties of that office as set forth in this Constitution.
Section 4. Term.
Clause 1. Supreme Court. The Chief Justice shall be appointed for a term of ten (10) years. Associate Justices shall be appointed for a term of eight (8) years.
Clause 2. Cherokee Trial Court. The Chief Judge shall be appointed for a term of ten (10) years. Associate Judges shall be appointed for a term of eight (8) years.
Section 5. Compensation. The Justices and Judges shall be compensated from the Judiciary budget as administered by the Chief Justice of the Cherokee Supreme Court. No Justice or Judge shall be subjected to a reduction in compensation during a term in office.
Section 6. Powers and Duties. 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. The Chief Justice for the Judicial branch shall present a proposed Judiciary budget to Tribal Council no later than July 1 of each year and shall thereafter be empowered to administer such budget exclusively.
(January 2022 draft + commentary to view the corresponding explanation.)