Constitution Revision Committee seeks establishment of a tribal court system

By Dustin Gray
Media Specialist

After an extensive period of planning and evaluation by the Judicial and Constitution Revision Committees, and with the newly available funds from the National Indian Gaming Commission fine reduction agreement, the Seminole Nation is prepared to announce its intention to establish a tribal court.

Currently the tribe lacks a judicial entity. The General Council has the authority to pass legislation, but ultimately they are a political body, and they lack judicial privilege.

“In order to run a proper government, you need a court,” said Principal Chief Kelly Haney. “The Seminole people cannot afford to have the government be up and down because it doesn’t create any stability for our Seminole people. The one thing that we can do to stabilize the government is to create a tribal court.”

The necessity of a tribal court has become increasingly apparent in recent years. Chief Haney readily noted the controversy and bitter faction surrounding the 2001 elections.

“When there were some discussions and difficulties of determining who the official leader of the tribe was, there was no court of competent jurisdiction that could take the case on because it was a ‘tribal matter’,” he stated.

Conflict arose when the United States Government refused to recognize the General Council’s legislation. Confusion ensued with the hope of a foreseeable compromise bleak.

Establishment of a tribal court would remedy such matters, giving the tribe a judicial body to justly determine the proper course of action. This ruling body would be free of outside interference, and have the final say in matters of tribal law and its interpretation.

Early efforts to amend the 1969 Constitution of the Seminole Nation of Oklahoma in order to implement the tribal court system were disapproved by the Bureau of Indian Affairs, which claimed that the Nation did not follow constitutionally established requirements in their election of the new amendments. The Council submitted six amendments for approval. All were denied, forcing the tribe to start over.

Exercising careful compliance, the Constitution Revision Committee held two special call meetings in May to redraft the amendments.

The Constitution Revision Committee consists of thirteen members, one for each participating band. Representatives include Chairman Wayne Shaw, Rewalke; Kelly Davis, Fushutche; Sylvia Davis, Dosar Barkus; Eula Doonkeen, Mekusukey; Jerry Haney, Hecete; Fannie Harjo, Tom Palmer; Yvette Harjo, Tusekia Harjo; Jean Larney, Nurcup Harjo; Billy Peterson, Tallahassee; Juanita Scott, Ceyvha; Glenn Sharpe, Ocese; Eddie Tiger, Hvteyievlke; and Emma Wesley, Eufaula.

Attorney General Sandra Harrison was also on hand, and was given authorization by the committee to draft the proper language for resubmission of the proposed amendments.

Under Section 1 for the new Article XVI establishing the tribal court system, the judicial power of the Seminole Nation will be granted to a Supreme Court, limited to matters within the tribe’s territorial jurisdiction, and any District Courts later established in accordance with laws enacted by the General Council.

The Supreme Court will be composed of three Justices, serving four year terms. These Justices must be attorneys licensed to practice law in Oklahoma. A five member Judiciary Commission will screen and interview all appointees, submitting all information to the Principal Chief. In turn, the Principal Chief will submit nominations to the General Council, which possesses the power to either confirm or not confirm the appointment.

Another key concern of the Constitution Revision Committee was how to go about removing the signature and approval of the Secretary of the Interior regarding constitutional amendments.

“We want to take the Secretary of Interior’s signature off future changes to our constitution,” said Chief Haney, “so that we can really become a government, and we can decide for ourselves when and if a constitutional amendment is needed.”

Accomplishing this goal though was a very tricky matter. The language had to be very specific. Only a couple of tribes have been successful in removing the approval of the Secretary of Interior.

Following a precedent, the committee carefully patterned their language after the successful legislation of the Cherokee Nation. This will ensure that the amendment is passed, and the Seminole Nation will have the freedom to reform their constitution without the imposition of federal agencies. It is also an important extension of tribal sovereignty.

“We’re trying very hard to make sure that we comply with every rule and regulation to make sure that we get this issue resolved and get it to you to vote on,” Chief Haney assured listeners on the Seminole Nation Radio Show in May.

Tribal members will be able to vote for the establishment of a tribal court at the 40th Annual Seminole Nation Days Celebration, which will begin Monday, September 15, and last until Sunday, September 21.