Page:Constitution of the Sac and Fox Nation.pdf/4

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SECTION 4. Grievance Committee members may be recalled from office according to rules and procedures to be established by ordinance of the Governing Council.

ARTICLE V - COURTS

SECTION 1. The judicial power of the Sac and Fox Nation shall be vested in one Supreme Court of the Sac and Fox Nation consisting of five (5) Justices and such inferior courts as may be established by tribal law.

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

SECTION 3. The Justices and Judges of the Sac and Fox Nation shall be selected by the Business Committee and confirmed by the Governing Council, provided that, Justices and Judges may be appointed by the Business Committee to hear a specific case at the request of the Supreme Court. A special appointment shall continue only until a final decision in the specific case has been reached.

SECTION 4. The Justices and Judges of the Sac and Fox 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, at his option, shall be considered by the Governing Council for reconfirmation to a new term of office without opposition.

SECTION 5. Justices and Judges of the Sac and Fox Nation may be removed from office in the same manner that Business Committee members may be-removed from office 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. In no case may a Justice or Judge be removed from office because of his decision or vote in any case before the court.

SECTION 6. The Tribal Courts are hereby specifically authorized to review, in any case before them, the actions of the Governing Council, The Business Committee, or any other tribal officers, agents or entities to determine whether those actions are prohibited by Federal or tribal law or this constitution. If it be found that the action complained of is not within the scope of authority delegated to that body or person by this constitution, or tribal law enacted pursuant to this constitution, or that the action is being undertaken in a manner prohibited by this constitution, tribal law, or Federal law, the courts are authorized to declare any such legislative on executive action unconstitutional and void, and to enter injunctive relief against unlawful actions by any executive officer or body of the Sac and Fox Nation.

SECTION 7. This article shall be effective upon enactment of enabling legislation by the Governing Council. Until this article becomes effective, the judicial power of the Sac and Fox Nation shall be vested in a Sac and Fox Tribal Court system as created by legislative action of the Business Committee. The Business Committee shall have authority to contract for the operation of the Court of Indian Offenses pursuant to

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