And now:Ish <[EMAIL PROTECTED]> writes:

Complete article at:

http://www.geocities.com/Heartland/Prairie/5918/1999/feb99/jatad9809.html

IN THE JUDICIAL APPEALS TRIBUNAL 
          OF THE CHEROKEE NATION

IN THE MATTER OF THE 1998         ) 
ANNUAL REPORT OF THE               )         JAT NO. AD-98-09 
JUDICIAL BRANCH OF THE             ) 
CHEROKEE NATION                         ) 

ANNUAL REPORT REGARDING THE CHEROKEE NATION
JUDICIAL SYSTEM 

This is the annual report required to be submitted to the Council of the
Cherokee
Nation ("Council") pursuant to 20 CNCA § 43. The statute requires the judicial
branch to conduct an annual judicial conference, to conduct a comprehensive
survey of the conditions of the court system, and to give recommendations for
legislation to the Council. 

On December 31, 1998, the Annual Judicial Conference of the Cherokee Nation
was held at the Cherokee Nation Courthouse in Tahlequah, Oklahoma. 

Present at the meeting were Associate District Judge Drew Wilcoxen, Justice
Philip H. Viles, Jr., Justice Ralph F. Keen, Chief Justice Dwight W. Birdwell,
and one or more members of the staff of the Court.[1] 

CHEROKEE NATION COURTHOUSE 

The historic Cherokee Nation Capitol Building, now known as the Cherokee
Nation Courthouse, serves as the offices and courtrooms of the judicial branch
of the Cherokee Nation. Having survived the armed takeover by the Byrd
Administration in June, 1997, the Courthouse is once again in proper hands,
clean, in reasonable repair, and open to the public. The Courthouse is a
symbol
of the rule of law, the virtues of constitutional government, and of the
best of

human decency. The Courthouse is also a link with the Cherokee peoples’ rich
heritage. The grand old building is a source of great pride among the Cherokee
people. 

The Courthouse is also a popular tourist destination. Photographs and art once
enhanced the interior of the Courthouse. Those items were removed during the
Administration’s takeover and they have not been returned, even though more
than 16 months have passed since that event. Those items should be returned.
Bare walls do not excite visitors, and unexcited tourists are less likely
to have
fond memories of their visit to the Cherokee Nation. The Council should pass a
resolution requesting the Administration to return the removed items. 

The physical condition of the Cherokee Nation Courthouse has been cleaned up
and continuously improved since its reopening. Funds in the Court's budget
have
been used to make the first floor of the Courthouse handicap accessible,
and the
courtroom has been moved to the first floor. Because the Cherokee Nation
Courthouse is a National Historic Landmark, all renovations have been made
without violating the historic nature of the structure. 

The Byrd Administration has refused to provide law enforcement protection for
the building, its contents, the Cherokees who work in it, or the public who
use it.
Additional security cameras have been installed, but they are no substitute
for
police protection. This absence of police protection, and law enforcement
officials who are authorized to carry out Court Orders, and perform services,
such as service of process, must be corrected immediately. The Council should
pass a resolution insisting that the Administration provide law enforcement
protection for the building, its content, the Cherokees who work in it, and
the
public who uses it. 

The Courthouse is old and maintenance of its present condition, alone, costs
money. It is the plan of the judicial branch, not to just maintain the
status quo,
but to continue to improve the building for today’s Cherokees and those who
will
come after us. The judicial branch has requested funds in the 1999 budget to
continue to maintain and improve the Courthouse for the people of the Cherokee
Nation. 

JUDICIAL APPEALS TRIBUNAL CASELOAD 

The Judicial Appeals Tribunal had a significant caseload in 1998. In 1998,
approximately 19 new cases were filed. That number marks a reduction from the
all-time high number of 45 cases filed in 1997. However, with prior-year cases
pending at the beginning of 1998, combined with the new case filings, the

workload on the Tribunal was the greatest in its history. 
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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