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Article V - Judicial Branch
Section I: The Judicial power of the Klamath Tribes shall be vested
in the independent Klamath Tribes Judiciary, which shall consist of the Klamath
Tribes Supreme Court, Klamath Tribal Court, Klamath Juvenile Court, Klamath
Peacemaker Court and such lower courts that the Klamath Tribes may from time
to time establish.
Section II: The judicial power of the Klamath Judiciary shall extend to all
cases in law and equity arising under this Constitution, and the laws, ordinances
and customs of the Klamath Tribes. The Tribal Courts shall be empowered to
exercise all judicial authority of the Klamath Tribes. Said authority shall
include but not be limited to enforcement of Tribal law and the power to
review and rule on the constitutionality of Tribal legislative and executive
actions under this Constitution.
Section III: The Klamath Tribal Courts shall be courts of record and shall
consist of Native American Judges only, and shall be elected by the General
Council. No person will serve in the capacity of Tribal Judge under the age
of 30 years. General Council shall then designate one (1) Native American
Judge as Chief Judge who shall serve in that capacity for the duration of
his/her term. Native American Judges shall be elected at the general election
following the first election of judges.
Section IV: The Supreme Court shall consist of three (3) Visiting Justices
appointed by the Chief Judge to hear the case, with one (1) Justice appointed
by the Chief Judge as Chief Justice.
Section V: The appellate power of the Klamath Tribes shall be vested in the
Klamath Tribes Supreme Court, which shall have jurisdiction to hear all appeals
from the Klamath Courts. The Klamath Tribes Supreme Court decision shall
be final.
Section VI: The Tribal Court shall consist of one (1) Native American Chief
Judge, and such Native American Associate Judges and staff as are designated
by Tribal Ordinance. The Ordinance shall set forth the terms of office and
qualifications for Tribal Court Chief Judge, Associate Judges and Staff
Section VII: The Chief Judge shall, each year, designate an Associate Judge
as Judge of the Klamath Tribes Juvenile Court and shall oversee the Klamath
Tribes Peacemaker Court. Section VIII: Judges and Justices of the Klamath
Judiciary shall receive compensation for their services as established by
Tribal Ordinance. This compensation shall not be diminished by any amount
or increased by any amount or increased beyond reasonable cost of living
allowance during their term of office.
Section IX: This Article will be effective upon the approval of the General
Council and the presentation of and the General Council approval of the required
ordinances.
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| ARTICLE VI |
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Please
note: this presentation of the Constitution of the Klamath Tribes was created
using Optical Character Recognition (comonly known as OCR), which may result
in occasional errors in spelling and punctuation.
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