§ 1-41. Transitional provisions for the Cherokee Court

(a) After transfer of authority from the CFR Court of Indian Offenses to the Cherokee Court pursuant to the Indian Self Determination Act contract between the United States and the Eastern Band of Cherokee Indians, any cases over which the CFR Court was exercising continuing jurisdiction prior to the transfer of authority shall be transferred to the Cherokee Court, on the motion of any party or on the Court's own motion.

(b) No transferred case shall abate or be dismissed solely on the ground that it was filed in the CFR Court prior to the transfer of authority to the Cherokee Court. The Cherokee Court shall have jurisdiction over all cases properly filed in the CFR Court and transferred pursuant to this section.

(c) The Cherokee Court's jurisdiction shall not be limited by restrictions set forth in the Code of Federal Regulations, and shall extend to all cases for which jurisdiction is granted by the Cherokee Code. In a case transferred from the CFR Court, whenever the Cherokee Court can exercise jurisdiction over a non-Indian defendant over whom the CFR Court could not exercise jurisdiction under 25 C.F.R. § 11.103(a), the non-Indian defendant shall be joined as a party to the transferred action upon proper service of process, provided that the defendant shall be permitted to present any available defense regardless of the stage of the case when the defendant is joined.

(d) When the interest of justice so requires, a judge of the Cherokee Court shall have the authority to convene a session of the CFR Court to hear a case that was filed with the CFR Court and not transferred to the Cherokee Court, so long as the Eastern Band of Cherokee Indians remains listed in 25 C.F.R. § 11.100. No new case shall be filed in the CFR Court after the transfer of authority to the Cherokee Court.

(e) After the transfer of authority to the Cherokee Court, the Cherokee Supreme Court shall have jurisdiction over all appeals, including those pending when authority is transferred, regardless of whether the trial was held in the CFR Court or the Cherokee Court.

(f) The statute of limitations shall be tolled, and shall not be a defense to any claim filed in the Cherokee Court, provided that the same claim was timely filed in the CFR Court; the claim was not the subject of a final judgment or order in the CFR Court; and the claim is filed in the Cherokee Court within 90 days after the transfer of authority to the Cherokee Court.

(g) On the motion of any party or the Court's own motion, the Cherokee Court shall give full faith and credit to all judgments and orders entered by the CFR Court that were properly within the jurisdiction of the CFR Court and not stayed by a pending appeal at the time of the transfer of authority, and shall enforce such judgments and orders as its own.

(h) The Cherokee Court shall maintain and protect all the files and records of the CFR Court.

(i) This section shall apply to all cases whether denominated as civil, criminal, special proceeding, estate or any other category.

(j) The Cherokee Court shall have jurisdiction to adjudicate criminal charges filed under the criminal provisions applicable at the time the alleged crime was committed, whether the source of those criminal provisions is the Code of Federal Regulations, the Cherokee Code, or other applicable law.

(Ord. No. 117, 3-3-2000; Ord. No. 291, 7-6-2000)