Referendum Question to be Considered for the Vote

Amendment 5: Add new section to be numbered “Article IX” and titled “COURTS” containing the text as shown in the Ballot Detail, and renumbering the current Article IX and following Articles accordingly. This establishes the Pawnee Nation Courts as an independent branch of government and protects it from manipulation.

AMENDMENT 4- Add an entirely new section to the constitution establishing the Court under the Constitution. If approved, the current Article IX and following Articles will be renumbered.

New Provision:
Section 1 Establishment and Authority- The judicial power of the Pawnee Nation of Oklahoma shall be vested in the current Pawnee Nation Courts established by Resolution 93-65 and shall consist of five Justices and at least one trial court, known as the District Court, and additional courts as may be established by tribal law. The courts shall be a separate branch of government.

Section 2 Jurisdiction- The Courts of the Pawnee Nation of Oklahoma shall be courts of general jurisdiction and shall further have jurisdiction in all cases arising under the constitution, laws, and treaties of the Pawnee Nation of Oklahoma. The Supreme Court shall have original jurisdiction in only such cases as may be provided by law, and shall have appellate jurisdiction in all other cases.

Section 3 Selection of Judicial Officers- The Justices of the Supreme Court and Judges of District Courts shall be selected by a majority vote of the Business Council. Justices and Judges may by Supreme Court rule assume the duties of a member of the other courto hear a specific case in which the regular Justices or Judges are disqualified or are otherwise unable to perform their duty as to the case.

Section 4 Term of Office- The Justices and Judges of the Pawnee Nation of Oklahoma shall serve six year terms beginning at the date of their confirmation in office and continuing if reconfirmed or until their successor shall be duly confirmed and installed.

Section 5 Removal- Justices and Judges of the Pawnee Nation of Oklahoma may be removed from office only by a majority of the other active Justices and Judges sitting together upon a showing of habitual neglect of the duties of office, oppression in office for personal gain or advantage, or for cause as defined in Section 4, D. In no case may a judicial officer be removed from office because of his decision in any case before the Court.

Section 6 Judicial Review- The Courts are specifically authorized to review, in any case properly before them, the actions of the Business Council, or any other officers, agents, or employees of the government of the Pawnee Nation of Okalahoma to determine whether those actions are prohibited by Federal law, this constitution or the laws of the Pawnee Nation of Oklahoma. If the action complained of is outside the scope of authority delegated to entity in question, or if a proper authority is being exercised in a prohibited manner, the Court may enter injunction or other proper equitable relief of declare the action unconstitutional and void as justice may require.

Section 7 Effective Date, Interim Provisions- This article shall be effective upon approval in accord with Article X. The Business Council shall thereafter have the authority to enact such laws as may be necessary for the full and proper functioning of the Courts of the Pawnee Nation of Oklahoma not inconsistent with this article. All current laws regarding courts shall remain in effect and as amended to the extent that they do not conflict with this Constitution.

Section 8 Court Funding- The Court shall be funded in a reasonable amount in the annual budget.

• Court funding shall be equal to or exceed funding amounts for fiscal year 2007.
• In the event that overall funding shortfalls require budget cuts, the court budget may be reduced but proportionately not more than any other department.

Reminder: You will be given an option to vote either yes or no to all five (5) Constitutional Amendments or you may vote on each amendment individually.
Absentee ballots will only be accepted if received by noon on June14, 2008, the day of the election.
You must contact the enrollment office at 918-762-3621 to ensure that they have correct contact information and date of birth to make the voting process easier for everyone.

Please continue to check this website to receive any important updates on the referendum.

The Governing Documents Committee members consist of:
Duane Pratt, Marshall Gover, Elizabeth Blackowl, William Howell, Pat Leadingfox.

The Governing Documents Committee worked/consulted with the Pawnee Nation Attorney General-John Parris and ANA-SEDS staff– Amy Watters, Taurean Taylor, Olivia Gray.