# TITLE 26. JUDICIAL BRANCH/COURTS

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- **Document type:** Tribal code

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TITLE 26. JUDICIAL BRANCH/COURTS
VHAKV FVTCECVLKE/FVTCECKV CUKO
Chapter
Section
1. SUPREME COURT. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. DISTRICT COURT. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
3. JUSTICES, JUDGES AND JUDICIAL BRANCH PERSONNEL.TTTTTTTTTTTTT 3–101
4. CODE OF CONDUCT AND CANONS OF JUDICIAL ETHICS
FOR MUSCOGEE (CREEK) NATION JUDGES AND EMPLOYEES. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
5. BUDGET, FINANCE AND COMPENSATION.TTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101
6. FAMILY DRUG COURT PROGRAM. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101

CHAPTER 1.

SUPREME COURT

Section
1–101. Administrative officer.

§ 1–101. Administrative officer
The Chief Justice of the Supreme Court shall be the administrative officer for
the Supreme Court.
[NCA 99–85, § 105, approved July 1, 1999.]
Cross References
Chief Justice, see Const. Art. VII, § 4.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

9

CHAPTER 2.

DISTRICT COURT

Section
2–101. Establishment.
2–102. Territorial jurisdiction.
2–103. Sessions.
2–104. Record of proceedings.
2–105. Appeals.
Cross References
Juvenile Division, see Title 6, §§ 1–108, 1–109.

§ 2–101. Establishment
A District Court holding original jurisdiction for all matters not under the
exclusive jurisdiction of the Supreme Court of the Muscogee (Creek) Nation is
hereby established.
[NCA 81–18, § 101, approved Jan. 6, 1981.]
Cross References
Courts, see Const. Art. VII, § 1.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 2–102. Territorial jurisdiction
Until otherwise provided by law, there shall be a single District Court,
holding jurisdiction over all of the following Districts:
Creek District
Hughes/Seminole District
McIntosh District
Muscogee District
Okfuskee/Seminole District
Okmulgee District
Tulsa District
Wagoner/Rogers/Mayes District
[NCA 81–18, § 102, approved Jan. 6, 1981.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 2–103. Sessions
The District Court shall meet in regular, monthly sessions.
[NCA 81–18, § 108, approved Jan. 6, 1981.]

10

Title 26, § 2–105

DISTRICT COURT

§ 2–104. Record of proceedings
The District Court Judge shall insure that a record of proceedings is compiled
in the following manner:
A. Trials. The District Court Judge shall employ a public stenographer to
act as court reporter. When necessary, the District Court Judge may employ a
translator to assist the court reporter with oral testimony given in the Muscogee
(Creek) language.
B. Hearings, motions and all other matters. The District Court Judge shall
request that a secretary be assigned by the Office of the Administration to
record, take notes, and produce written minutes of the proceedings. All
recordings shall be preserved by the District Court.
[NCA 81–18, § 107, approved Jan. 6, 1981.]

§ 2–105. Appeals
All decisions of the District Court shall be subject to appeal to the Supreme
Court of the Muscogee (Creek) Nation as provided by the Procedures of the
Supreme Court.1
[NCA 81–18, § 109, approved Jan. 6, 1981.]
1 Title 27, Appendix 2 of the Muscogee (Creek) Nation Code.

Library References
Indians O540.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

11

CHAPTER 3. JUSTICES, JUDGES AND
JUDICIAL BRANCH PERSONNEL
Subchapter
1. General Provisions
2. Nomination and Confirmation Procedures for Supreme Court
Justices and District Court Judge

SUBCHAPTER 1.

GENERAL PROVISIONS

Section
3–101. District Court Judge.
3–102. Special District Judge.
3–103. District Court Clerks.
3–104. Peace officers.
3–105. Lawmenders.
3–106. Public Defenders.
3–107. Auditors.
3–108. Training.

§ 3–101. District Court Judge
A. The District Court Judge is hereby created as the presiding Officer of the
District Court. The District Court Judge shall possess the following educational
and professional qualifications: the District Court Judge must be a graduate of
an accredited law school, a member of the Muscogee (Creek) Nation Bar
Association, a member of a state bar association and admitted to practice law
before the federal courts in Oklahoma. The District Court Judge shall have a
minimum of four (4) years active trial and law practice experience. The District
Court Judge shall be required to maintain a minimum of twelve (12) hours of
continuing legal education each year, one (1) hour of which must be legal
ethics.
B. The District Judge shall be the administrative officer for the District
Court.
C. The District Court Judge shall be nominated by the Principal Chief and
confirmed by the National Council by Tribal Resolution. All nominations
rejected by the National Council shall be replaced by new nominations. The
term of office shall be for four (4) years commencing on July 1, 2002, and every
four (4) years thereafter; provided that the District Court Judge in office as of
December 15, 2001, shall serve until the commencement of the new term on
July 1, 2002.
D. The District Court Judge shall be subject to removal from office by Tribal
Resolution for cause.
[NCA 81–18, §§ 103, 104, 106, approved Jan. 6, 1981; amended by NCA 88–14, § 102,
veto overridden May 7, 1988; NCA 88–17, § 105, veto overridden May 7, 1988; NCA
99–85, § 103, approved July 1, 1999; NCA 02–019, §§ 2, 3, approved Feb. 28, 2002.]

12

JUSTICES, JUDGES AND PERSONNEL

Title 26, § 3–103

Library References
Judges O2, 4, 5.
Westlaw Topic No. 227.
C.J.S. Judges §§ 15 to 16, 28 to 39.

§ 3–102. Special District Judge
Effective September 30, 1994, the Muscogee (Creek) Nation judicial officers
may appoint a Special District Judge using the following method and procedure:
A. Written notice by a Supreme Court Justice or District Judge must be
made to the Chief Justice of the Supreme Court detailing with specifics the
necessity for appointing a Special District Judge.
B. The Chief Justice shall select from the members of the Muscogee (Creek)
Nation Bar a member in good standing or a Muscogee (Creek) citizen to serve
as Special District Judge.
C. A majority of the Supreme Court Justices must approve the appointment
in a written order detailing the specific duties of the Special District Judge and
setting out a time limitation for the appointment.
[NCA 94–67, § 112, approved Sept. 30, 1994.]
Library References
Judges O3.
Westlaw Topic No. 227.
C.J.S. Judges §§ 20 to 29.

§ 3–103. District Court Clerks
A. Appointments; duties. The District Judge shall appoint a person to serve
as the District Court Clerk. The District Court Clerk shall render assistance to
the District Court and to the Muscogee (Creek) Nation Lighthorse Police. It
shall be the further duty of the District Court Clerk or Deputy District Court
Clerk to attend and keep a written record of all proceedings of the District
Court to administer oaths to witnesses and jurymen, to collect fines paid and
authorize the payment of all fees authorized by these laws, and to make an
accounting thereof to the Controller of the Muscogee (Creek) Nation. The
District Court Clerk and Deputy Court Clerk(s) are to be bonded for not less
than five thousand dollars ($5,000.00).
B. Deputies. The District Court Clerk may appoint necessary deputies,
clerical assistants, and employees as may be provided for in the District Court
budget approved by the National Council and the Principal Chief. Such deputies, clerical assistants, and employees shall be subject to removal with approval of the District Judge as set out in the current written Judicial Branch
Personnel Policies Handbook.
[NCA 01–109, § 211, approved July 6, 2001.]
Historical and Statutory Notes
Derivation
NCA 82–30, § 505; amended by NCA 99–85,
§ 105.

13

Title 26, § 3–104

JUDICIAL BRANCH/COURTS

§ 3–104. Peace officers
A. The District Judge is authorized to commission qualified persons as
peace officers, with authority to maintain public order, safety, and health by
enforcement of all laws, maintain order in the Courthouse and supervise those
persons on probation.
B. 1. ‘‘Peace officer’’ as used herein shall mean any duly appointed person
who is charged with responsibility of maintaining public order, safety, and
health by the enforcement of all laws or orders of this Nation and who is
authorized to bear arms in election of his responsibilities.
2. ‘‘Qualified’’ as used herein shall mean certified as a peace officer by the
Bureau of Indian Affairs, the Indian Police Academy, Oklahoma’s Council on
Law Enforcement Education and Training or some other comparable certifying
school or agency for peace officers; and where a proper background investigation, with fingerprints to be taken and sent to the Federal Bureau of Investigation.
C. District Court peace officers serve under the direction of the District
Court and shall perform such services as are necessary, maintaining order and
decorum in the Courthouse, including supervision of those persons on probation. The District Court peace officer shall maintain annual weapon proficiency
as required by the Lighthorse Commission
[NCA 01–109, § 211, approved July 6, 2001.]

§ 3–105. Lawmenders
A Supreme Court Justice, District Judge or Special District Judge as the case
may be shall have the authority to appoint lawmenders.
[NCA 94–67, § 112, approved Sept. 30, 1994.]

§ 3–106. Public defenders
The Supreme Court Chief Justice and District Court Judge shall be allowed to
engage in contracts for the public defenders to represent: criminal defendants
who are unable to employ counsel, children, mothers and fathers, custodial
relatives, and others in need of counsel and approved by the Supreme Court.
Funds to be expended for public defenders shall be set out in the Judicial
Branch budget and approved on a yearly basis or as needed basis by the
National Council. The Certified Public Accountant responsible for the audit of
the Court system shall be approved by the Supreme Court Chief Justice, District
Judge, and Controller.
[NCA 94–67, § 114, approved Sept. 30, 1994; amended by NCA 99–85, § 105, subsec. E,
approved July 1, 1999.]

§ 3–107. Auditors
The certified public accountant responsible for the audit of the Court system
shall be approved by the Supreme Court Chief Justice, District Judge, and
Controller.
[NCA 94–67, § 114, approved Sept. 30, 1994; amended by NCA 99–85, § 105, approved
July 1, 1999.]

14

JUSTICES, JUDGES AND PERSONNEL

Title 26, § 3–203

§ 3–108. Training
Mandatory training for justices and judges is hereby set at a minimum of
eight (8) hours each fiscal period with a maximum carryover of eight (8) hours
from one (1) fiscal year to the next.
[NCA 94–67, § 115, approved Sept. 30, 1994.]

SUBCHAPTER 2. NOMINATION AND CONFIRMATION
PROCEDURES FOR SUPREME COURT JUSTICES
AND DISTRICT COURT JUDGE
Section
3–201. Submission of nomination.
3–202. Rejection of nomination.
3–203. Vacancies.
3–204. Expired terms.
3–205. Full citizenship required.
Cross References
Supreme Court, see Const. Art. VII, § 2.

§ 3–201. Submission of nomination
Ninety days prior to expiration of the term of office of a Supreme Court
Justice or District Judge, the Principal Chief shall submit a nomination to the
National Council.
[NCA 88–17, § 101, veto overridden May 7, 1988.]
Library References
Judges O3.
Westlaw Topic No. 227.
C.J.S. Judges §§ 20 to 29.

§ 3–202. Rejection of nomination
In the event a nomination is not approved within sixty (60) days by the
National Council, the nomination shall be deemed to be rejected and the
Principal Chief shall submit a new nomination within thirty (30) days (i.e., a
new nomination and not the one that was rejected).
[NCA 88–17, § 102, veto overridden May 7, 1988.]
Library References
Judges O3.
Westlaw Topic No. 227.
C.J.S. Judges §§ 20 to 29.

§ 3–203. Vacancies
In the event of a vacancy caused by resignation or death of a Supreme Court
Justice or District Judge then the Principal Chief shall submit a nomination
within thirty (30) days of such vacancy.
[NCA 88–17, § 103, veto overridden May 7, 1988.]

15

Title 26, § 3–203

JUDICIAL BRANCH/COURTS
Library References

Judges O8.
Westlaw Topic No. 227.
C.J.S. Judges §§ 58 to 77.

§ 3–204. Expired terms
A justice or judge whose term of office has expired and who has not been
reconfirmed by the National Council shall not be permitted to sit as a justice or
judge and shall receive no compensation.
[NCA 88–17, § 104, veto overridden May 7, 1988.]
Library References
Judges O9.
Westlaw Topic No. 227.
C.J.S. Judges §§ 51, 67.

§ 3–205. Full citizenship required
The District Judge and the Supreme Court Justices shall be full citizens.
[NCA 88–17, § 105, veto overridden May 7, 1988.]
Cross References
Full citizenship, see Const. Art. III, § 4.

Library References
Indians O222.
Judges O4.
Westlaw Topic Nos. 209, 227.

C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180.
C.J.S. Judges §§ 28 to 35, 38 to 39.

16

CHAPTER 4. CODE OF CONDUCT AND CANONS
OF JUDICIAL ETHICS FOR MUSCOGEE (CREEK)
NATION JUDGES AND EMPLOYEES
Subchapter
1. Code of Conduct for Muscogee (Creek) Nation Judges
2. Code of Conduct for Judicial Employees

SUBCHAPTER 1. CODE OF CONDUCT FOR
MUSCOGEE (CREEK) NATION JUDGES
Section
4–101. Canon 1: A judge should uphold the integrity and independence of the judiciary.
4–102. Canon 2: A judge should avoid impropriety and the appearance of impropriety
in all activities.
4–103. Canon 3: A judge should perform the duties of the office impartially and
diligently.
4–104. Canon 4: A judge may engage in extra-judicial activities to improve the law, the
legal system and the administration of justice.
4–105. Canon 5: A judge should regulate extra-judicial activities to minimize the risk of
conflict with judicial duties.
4–106. Canon 6: A judge should refrain from Muscogee (Creek) Nation political
activity.

§ 4–101. Canon 1: A judge should uphold the integrity and independence
of the judiciary
An independent and honorable judiciary is indispensable to justice in our
society. A judge should participate in establishing, maintaining, and enforcing
high standards of conduct, and should personally observe those standards, so
that the integrity and independence of the judiciary may be preserved. The
provisions of this subchapter should be constructed and applied to further that
objective.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–102. Canon 2: A judge should avoid impropriety and the appearance of
impropriety in all activities
A. A judge should respect and comply with the law and should act at all
times in a manner that promotes public confidence in the integrity and
impartiality of the judiciary.
B. A judge should not allow family, social, or other relationships to influence judicial conduct or judgment. A judge should not lend the prestige of the
judicial office to advance the private interests of others; nor convey or permit
17

Canon 2 [Title 26, § 4–102]

JUDICIAL BRANCH/COURTS

others to convey the impression that they are in a special position to influence
the judge. A judge should not testify voluntarily as a character witness.
C. A judge should not hold membership in any organization that practices
invidious discrimination on the basis of race, sex, religion, or national origin.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–103. Canon 3: A judge should perform the duties of the office impartially and diligently
The judicial duties of a judge take precedence over all other activities. In
performing the duties prescribed by law, the judge should adhere to the
following standards:
A.

Adjudicative responsibilities.

1. A judge should be faithful to and maintain professional competence in the
law, and should not be swayed by partisan interests, public clamor, or fear of
criticism.
2. A judge should hear and decide matters assigned, unless disqualified, and
should maintain order and decorum in all judicial proceedings.
3. A judge should patient, dignified, respectful, and courteous to litigants,
jurors, witnesses, lawyers, and others with whom the judge deals in an official
capacity, and should require similar conduct of those subject to the judge’s
control, including lawyers to the extent consistent with their role in the
adversary process.
4. A judge should accord to every person who is legally interested in a
proceeding, or the person’s lawyer, full right to be heard according to law, and,
except as authorized by law, neither initiate nor consider ex parte communications on the merits, or procedures affecting the merits, of pending or impending
proceeding. A judge may, however, obtain the advise of a disinterested expert
on the law applicable to a proceeding before the judge if the judge gives notice
to the parties of person consulted and the substance of the advise, and affords
the parties reasonable opportunity to respond. A judge may, with consent of the
parties, confer separately with the parties and their counsel in an effort to
mediate or settle pending matters.
5.

A judge should dispose promptly of the business of the court.

6. A judge should avoid public comment on the merits of a pending or
impending action, requiring similar restraint by court personnel subject to the
judge’s direction and control. This proscription does not extend to public
statements made in the course of the judge’s official duties, to the explanation
of court procedures, or to a scholarly presentation made for purposes of legal
education.
18

CONDUCT AND ETHICS
B.

Canon 3 [Title 26, § 4–103]

Administrative responsibilities.

1. A judge should diligently discharge the judge’s administrative responsibilities, maintain professional competence in judicial administration, and facilitate
the performance of the administrative responsibilities of other judges and court
officials.
2. A judge should require court official, staff, and others subject to the
judge’s direction and control, to observe the same standards of fidelity and
diligence applicable to the judge.
3. A judge should initiate appropriate action when the judge becomes aware
of reliable evidence indicating the likelihood of unprofessional conduct by a
judge or lawyer.
4. A judge should not make unnecessary appointments and should exercise
that power only on the basis of merit, avoiding nepotism and favoritism.
5. A judge with supervisory authority over other judges should take reasonable measures to assure the timely and effective performance of their duties.
C.

Disqualification.

1. A judge shall disqualify himself or herself in a proceeding in which the
judge’s impartiality might reasonable be questioned, including but not limited
to instances in which:
a. the judge has a personal bias or prejudice concerning a party, or personal
knowledge of disputed evidentiary facts concerning the proceeding;
b. the judge served as lawyer in the matter in controversy, or a lawyer with
whom the judge previously practiced law served during such association as a
lawyer concerning the matter, or the judge or such lawyer has been material
witness;
c. the judge knows that, individually or as fiduciary, the judge or the judge’s
spouse or minor child residing in the judge’s household, has a financial interest
in the subject matter in controversy or in a party to the proceeding, or any
other interest that could be affected substantially by the outcome of the
proceeding;
d. the judge or the judge’s spouse, or a person related to either within the
third degree of relationship, or the spouse of such a person:
i.

is a party to the proceeding, or an officer, director, or trustee of a party;

ii.

is acting as a lawyer in the proceeding;

iii. is known by the judge to have an interest that could be substantially
affected by the outcome of the proceeding; or
iv. is to the judge’s knowledge likely to be a material witness in the
proceeding;
e. the judge has served in governmental employment and in such capacity
participated as counsel, advisor, or material witness concerning the proceeding
or has expressed an opinion concerning the merits of the particular case in
controversy.
2. A judge should keep informed about the judge’s personal and fiduciary
financial interests, and make reasonable effort to keep informed about the
19

Canon 3 [Title 26, § 4–103]

JUDICIAL BRANCH/COURTS

personal financial interests of the judge’s spouse and minor children residing in
the judge’s household.
3.

For the purposes of this section:

a. the degree of relationship is calculated according the civil law system; the
following relatives are within the third degree of relationship: parent, child,
grandparent, grandchild, great grandparent, great grandchild, sister, brother,
aunt, uncle, niece and nephew; the listed relatives include whole and half blood
relatives and most step relatives;
b. ‘‘fiduciary’’ includes such relationships as executor, administrator, trustee, and guardian;
c. ‘‘financial interest’’ means ownership of a legal or equitable interest,
however small, or a relationship as director, advisor, or other active participant
in the affairs of a party, except that:
i. ownership in a mutual or common investment fund that holds securities is
not a ‘‘financial interest’’ in such securities unless the judge participates in the
management of the fund;
ii. an office in an educational, religious, charitable, fraternal, or civic
organization is not a ‘‘financial interest’’ in securities held by the organization;
iii. the proprietary interest of a policy holder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary
interest, is a ‘‘financial interest’’ in the organization only if the outcome of the
proceeding could substantially affect the value of the interest;
iv. ownership of government securities is a ‘‘financial interest’’ in the issuer
only if the outcome of the proceeding could substantially affect the value of the
securities;
d. ‘‘proceeding’’ includes pretrial, trial, appellate review, or other stages of
litigation.
4. Notwithstanding the preceding provisions of this canon, if a judge to
whom a matter has been assigned would be disqualified, after substantial
judicial time has been devoted to the matter, because of the appearance or
discovery, after the matter was assigned to him or her, that he or she
individually or as a fiduciary, or his or her spouse or minor child residing in his
or her household, has a financial interest in a party (other than an interest that
could be substantially affected by the outcome), disqualification is not required
if the judge, spouse or minor child, as the case may be, divests himself or
herself of the interest that provides the grounds for the disqualification.
D.

Remittal of disqualification.

A judge disqualified by the terms of paragraph 1 of subsection C of this
canon, except in the circumstances specifically set out in subparagraphs a
through e of that paragraph, may, instead of withdrawing from the proceeding,
disclose on the record the basis of disqualification. If the parties and their
lawyers after such disclosure and opportunity to confer outside of the presence
of the judge, all agree in writing or on the record that the judge should not be
disqualified, and the judge is then willing to participate, the judge may
20

Canon 5 [Title 26, § 4–105]

CONDUCT AND ETHICS

participate in the proceeding. The agreement shall be incorporated in the
record of the proceeding.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–104. Canon 4: A judge may engage in extra-judicial activities to improve the law, the legal system and the administration of justice
A judge, subject to the proper performance of judicial duties, may engage in
the following law-related activities, if in doing so the judge does not cast
reasonable doubt on the capacity to decide impartially any issue that may come
before the judge:
A. A judge may speak, write, lecture, teach, and participate in other activities concerning the law, the legal system, and the administration of justice.
B. A judge may appear at a public hearing before, or otherwise consult
with, an executive or legislative body or official on matters concerning the law,
the legal system, and the administration of justice to the extent that it would
generally be perceived that a judge’s judicial experience provides special
expertise in the area. A judge acting pro-se may also appear before or consult
with such officials or bodies in matter involving the judge or the judge’s
interest.
C. A judge may serve as a member, officer, or director of an organization or
governmental agency devoted to the improvement of the law, the legal system,
or the administration of justice. A judge may assist such an organization in
planning fund-raising activities and may participate in the management and
investment of funds, but should not personally participate in public fund-raising
activities. A judge may make recommendations to public and private fundgranting agencies on projects and programs concerning the law, the legal
system, and the administration of justice. A judge may solicit funds from other
judges over whom the judge does not exercise supervisory or appellate authority. A judge shall not personally participate in membership solicitation if the
solicitation might reasonably be perceived as coercive or is essentially a fundraising mechanism.
D. A judge should not use to any substantial degree judicial chambers,
resources, or staff to engage in activities permitted by this canon.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–105. Canon 5: A judge should regulate extra-judicial activities to minimize the risk of conflict with judicial duties
A. Avocational activities. A judge may write, lecture, teach, and speak on
non-legal subjects, and engage in the arts, sports, and other social and recre21

Canon 5 [Title 26, § 4–105]

JUDICIAL BRANCH/COURTS

ational activities, if such avocational activities do not detract from dignity of the
judge’s office or interfere with the performance of the judge’s judicial duties.
B. Civic and charitable activities. A judge may participate in civic and
charitable activities that do not reflect adversely upon the judge’s impartiality
or interfere with the performance of judicial duties. A judge may serve as an
officer, director trustee, or non-legal advisor of an educational, religious,
charitable, fraternal, or civic organization not conducted for the economic or
political advantage of its members, subject to the following limitations:
1. A judge should not serve if it is likely that the organization will be
engaged in proceedings that would ordinarily come before the judge or will be
regularly engaged in adversary proceedings in any court.
2. A judge should not solicit funds for any educational, religious, charitable,
fraternal, or civic organization, or use or permit the use of the prestige of the
judicial office for that purpose, but the judge may be listed as an officer,
director, or trustee of such an organization. A judge should not personally
participate in membership solicitation if the solicitation might reasonably be
perceived as coercive or is essentially a fund-raising mechanism.
3. A judge should not give investment advise to such an organization, but
may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.
C.

Financial activities.

1. A judge should refrain from financial and business dealings that tend to
reflect adversely on the judge’s impartiality, interfere with the proper performance of judicial duties, exploit the judicial position, or involve the judge in
frequent transactions with lawyers or other persons likely to come before the
court on which the judge serves.
2. Subject to the requirements of paragraph 1 of this subsection, a judge
may hold and manage investments, including real estate, and engage in other
remunerative activity, but should not serve as an officer, director, active
partner, manager, advisor, or employee of any business other than a business
closely held and controlled by members of the judge’s family. For this purpose,
‘‘members of the judge’s family’’ mean persons related to the judge or the
judge’s spouse within the third degree of relationship calculated according to
the civil law system, any other relatives with whom the judge or the judge’s
spouse maintains a close familial relationship, and the spouse of any of the
foregoing.
3. A judge should manage investments and other financial interests to
minimize the number of cases in which the judge is disqualified. As soon as the
judge can do so without serious financial detriment, the judge should divest
himself or herself of investments and other financial interests that might
require frequent disqualification.
4. A judge should not solicit or accept anything of value from anyone
seeking official action from or doing business with the court or other entity
served by the judge, or from anyone whose interests may be substantially
affected by the performance or nonperformance of official duties; except that a
judge may accept a gift as permitted by the Judicial Conference gift regulations.
22

Canon 6 [Title 26, § 4–106]

CONDUCT AND ETHICS

A judge should endeavor to prevent a member of a judge’s family residing in
the household from soliciting or accepting a gift except to the extent that a
judge would be permitted to do so by the Judicial Conference gift regulations.
5. For the purposes of this section ‘‘members of the judge’s family residing
in the judge’s household’’ means any relative of a judge by blood or marriage,
or a person treated by a judge as a member of the judge’s family, who resides in
the judge’s household.
6. A judge should report the value of any gift, bequest, favor, or loan as
required by statute of the Muscogee (Creek) Nation.
7. A judge is not required by this subchapter to disclose his or her income,
debts, or investments.
8. Information acquired by a judge in the judge’s judicial capacity should
not be used or disclosed by the judge in financial dealings or for any other
purpose not related to the judge’s judicial duties.
D. Practice of law. Part-time judicial officers may appear as counsel in civil
and criminal actions in any court or before any governmental agency, except
the courts or governmental agencies of the Muscogee (Creek) Nation.
E. Extra-judicial appointments. A judge should not accept appointment to a
governmental committee, commission, or other position that is concerned with
issues of fact or policy on matters other than the improvement of the law, the
legal system, or the administration of justice unless appointment of a judge is
required by Act of Congress. A judge should not, in any event, accept such an
appointment if the judge’s governmental duties would interfere with the performance of judicial duties or tend to undermine the public confidence in the
integrity, impartiality, or independence of the judiciary. A judge may represent
the judge’s country, state, or locality on ceremonial occasions or in connection
with historical, educational, and cultural activities.
F. Chambers, resources, and staff. A judge should not use judicial chambers, resources, or staff to engage in activities permitted by this canon, except
for uses that are de minimis.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–106. Canon 6: A judge should refrain from Muscogee (Creek) Nation
political activity
A. A judge should not:
1. act as a leader or hold any office in a political organization of the
Muscogee (Creek) Nation;
2. make speeches for a Muscogee (Creek) Nation political organization or
candidate or publicly endorse or oppose a candidate for Muscogee (Creek)
Nation public office;
3. solicit funds for a Muscogee (Creek) Nation political organization or
candidate, attend political gatherings, or purchase tickets for political party
dinners, or other functions.
23

Canon 6 [Title 26, § 4–106]

JUDICIAL BRANCH/COURTS

B. A judge should resign the judicial office when the judge becomes a
candidate either in a primary or in a general election for any Muscogee (Creek)
Nation office.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

SUBCHAPTER 2. CODE OF CONDUCT
FOR JUDICIAL EMPLOYEES
Section
4–201. Canon 1: A judicial employee should uphold the integrity and independence of
the judiciary and of the judicial employee’s office.
4–202. Canon 2: A judicial employee should avoid impropriety and the appearance of
impropriety in all activities.
4–203. Canon 3: A judicial employee should adhere to appropriate standards in
performing the duties of the office.
4–204. Canon 4: In engaging in outside activities, a judicial employee should avoid the
risk of conflict with official duties, should avoid the appearance of impropriety, and should comply with disclosure requirements.
4–205. Canon 5: A judicial employee should refrain from inappropriate political
activity.

§ 4–201. Canon 1: A judicial employee should uphold the integrity and
independence of the judiciary and of the judicial employee’s
office
An independent and honorable judiciary is indispensable to justice in our
society. A judicial employee should personally observe high standards of conduct so that the integrity and independence of the judiciary are preserved and
the judicial employee’s office reflects a devotion to serving the public. Judicial
employees should require adherence to such standards by personnel subject to
their direction and control. The provisions of this subchapter should be construed and applied to further these objectives. The standards of this subchapter
shall not affect or preclude other more stringent standards required by law, by
court order, by the appointing authority.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–202. Canon 2: A judicial employee should avoid impropriety and the
appearance of impropriety in all activities
A judicial employee should not engage in any activities that would put into
question the propriety of the judicial employee’s conduct in carrying out the
duties of the office. A judicial employee should not allow family, social, or other
24

Canon 3 [Title 26, § 4–203]

CONDUCT AND ETHICS

relationships to influence official conduct or judgment. A judicial employee
should not lend the prestige of the office to advance or to appear to advance the
private interests of others. A judicial employee should not use public office for
private gain.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–203. Canon 3: A judicial employee should adhere to appropriate standards in performing the duties of the office
In performing the duties prescribed by law, by resolution of the Judicial
Conference of the United States, by court order, or by the judicial employee’s
appointing authority, the following standards apply:
A. 1. A judicial employee should respect and comply with the law and
these canons. A judicial employee should report to the appropriate supervising
authority any attempt to induce the judicial employee to violate these canons.
2. Note: A number of criminal statutes of general applicability govern
officer’s and employees’ performance of official duties.
a.

These include:

i.

All criminal statutes of the Muscogee (Creek) Nation and;

ii.

18 U.S.C. § 201 (bribery of public officials and witnesses);

iii. 18 U.S.C. § 287 (false, fictitious, or fraudulent claims against the government);
iv. 18 U.S.C. § 641 (embezzlement or conversion of government money,
property, or records);
v.

18 U.S.C. § 643 (failing to account for public money);

vi.

18 U.S.C. § 2071 (concealing, removing, or mutilating a public record);

vii.

31 U.S.C. § 1344 (misuse of government vehicle);

viii.

31 U.S.C. § 3729 (false claims against the government).

b.

In addition, provisions of specific applicability to court officers include:

i.

18 U.S.C. § 645 (embezzlement and theft by court officers);

ii.

18 U.S.C. § 646 (court officers failing to deposit registry moneys);

iii. 18 U.S.C. § 647 (receiving loans from registry moneys from court
officer).
c. This is not a comprehensive listing but sets forth some of the more
significant provisions with which judicial employees should be familiar.
B. A judicial employee should be faithful to professional standards and
maintain competence in the judicial employee’s profession.
C. A judicial employee should be patient, dignified, respectful, and courteous to persons with whom the judicial employee deals in an official capacity,
25

Canon 3 [Title 26, § 4–203]

JUDICIAL BRANCH/COURTS

including the general public, and should require similar conduct of personnel
subject to the judicial employee’s direction and control. A judicial employee
should diligently discharge the responsibilities of the office in a prompt,
efficient, nondiscriminatory, fair, and professional manner. A judicial employee
should never influence or attempt to influence the assignment of cases, or
perform any discretionary or ministerial function of the court in a manner that
improperly favors any litigant or attorney, nor should a judicial employ imply
that he or she is in a position to do so.
D. A judicial employee should avoid making public comment on the merits
of a pending or impending action and should require similar restraint by
personnel subject to the judicial employee’s direction and control. This proscription does not extend to public statements made in the course of official
duties or to the explanation of court procedures. A judicial employee should
never disclose any confidential information received in the course of official
duties except as required in the performance of such duties, nor should a
judicial employee employ such information for personal gain. A former judicial
employee should observe the same restrictions on disclosure of confidential
information that apply to a current judicial employee, except as modified by the
appointing authority.
E. A judicial employee should not engage in nepotism prohibited by law.
Note: See also 5 U.S.C. § 3110 (employment of relatives); 28 U.S.C. § 458
(employment of judges’ relatives).
F.

Conflicts of interest.

1. A judicial employee should avoid conflicts of interest in the performance
of official duties. A conflict of interest arises when a judicial employee knows
that he or she (or the spouse, minor child residing in the judicial employee’s
household, or other close relative of the judicial employee) might be so
personally or financially affected by a matter that a reasonable person with
knowledge of the relevant facts would question the judicial employee’s ability
properly to perform official duties in an impartial manner.
2. Certain judicial employees, because of their relationship to a judge or the
nature of their duties, are subject to the following additional restrictions:
a. A staff attorney or law clerk should not perform any official duties in any
matter with respect to which such staff attorney or law clerk knows that:
i. he or she has personal bias or prejudice concerning a party, or personal
knowledge of disputed evidentiary facts concerning the proceeding;
ii. he or she served as lawyer in the matter in controversy, or a lawyer with
whom he or she previously practiced law had served (during such association)
as a lawyer concerning the matter, or he, she, or such lawyer has been a
material witness;
iii. he or she, individually or as a fiduciary, or the spouse or minor child
residing in his or her household, has a financial interest in the subject matter in
controversy or in a party to the proceeding;
iv. he or she, a spouse, or a person related to either within the third degree
of relationship, or the spouse of such person (A) is a party to the proceeding, or
an officer, director, or trustee of an party; (B) is acting as a lawyer in the
26

CONDUCT AND ETHICS

Canon 3 [Title 26, § 4–203]

proceeding; (C) has an interest that could be substantially affected by the
outcome of the proceeding; or (D) is likely to be a material witness in the
proceeding;
v. he or she has served in governmental employment and in such capacity
participated as counsel, advisor, or material witness concerning the proceeding
or has expressed an opinion concerning the merits of the particular case in
controversy.
b. The Court Clerk to a judge whose assignment with a particular judge is
reasonably perceived as begin comparable to a member of the judge’s personal
staff, should not perform any official duties in any matter with respect to which
such Court Clerk knows that she, a spouse, or a person related to either within
the third degree of relationship, or the spouse of such person (i) is a party to the
proceeding, or an officer, director, or trustee of a party; (ii) is acting as lawyer
in the proceeding; (iii) has an interest that could be substantially affected by the
outcome of the proceeding; or (iv) is likely to be a material witness in the
proceeding; provided, however, that when the foregoing restriction presents
undue hardship, the judge may authorize the Court Clerk to participate in the
matter if no reasonable alternative exists and adequate safeguards are in place
to ensure that official duties are properly performed. In the event the Court
Clerk possesses any of the foregoing characteristics and so advises the judge,
the judge should also consider whether the Cannons of Judicial Ethics for
Muscogee (Creek) Nation may require the judge to recuse.
c. A probation or pretrial services officer should not perform any official
duties in any matter with respect to which the probation or pretrial services
officer knows that:
i.

he or she has a personal bias or prejudice concerning a party;

ii. he or she is related within the third degree of relationship to a party to
the proceeding, or to an officer, director, or trustee of a party, or to a lawyer in
the proceeding;
iii. he or she, or a relative within the third degree of relationship, has an
interest that could be substantially affected by the outcome of the proceeding.
3. When a judicial employee knows that a conflict on interest may be
presented, the judicial employee should promptly inform his or her appointing
authority. The appointing authority, after determining that a conflict or the
appearance of conflict of interest exists, should take appropriate steps to
restrict the judicial employee’s performance of official duties in such matter so
as to avoid a conflict or the appearance of a conflict of interest. A judicial
employee should observe any restrictions imposed by his or her appointing
authority in this regard.
4. A judicial employee who is subject to paragraph 2 of this subsection
should keep informed about his or her personal, financial and fiduciary interests and make a reasonable effort to keep informed about such interests of a
spouse or minor child residing in the judicial employee’s household.
5. A member of a judge’s personal staff should inform the appointing judge
of any circumstance or activity of the staff member that might serve as a basis
27

Canon 3 [Title 26, § 4–203]

JUDICIAL BRANCH/COURTS

for disqualification of either the staff member or the judge, in a matter pending
before the judge.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–204. Canon 4: In engaging in outside activities, a judicial employee
should avoid the risk of conflict with official duties, should
avoid the appearance of impropriety, and should comply with
disclosure requirements
A. Outside activities. A judicial employee’s activities outside of official
duties should not detract from the dignity of the court, interfere with the
performance of official duties, or adversely reflect on the operation and dignity
of the court or office the judicial employee serves. Subject to the foregoing
standards and the other provisions of this subchapter, a judicial employee may
engage in such activities as civic, charitable, religious, professional, educational, cultural, avocational, social, fraternal, and recreational activities, and may
speak, write, lecture, and teach. If such outside activities concern the law, the
legal system, or the administration of justice, the judicial employee should first
consult with the appointing authority to determine whether the proposed
activities are consistent with the foregoing standards and the other provisions
of this subchapter.
B. Solicitation of funds. A judicial employee may solicit funds in connection
with outside activities, subject to the following limitations:
1. A judicial employee should not use or permit the use of the prestige of the
office in the solicitation of funds.
2. A judicial employee should not solicit subordinates to contribute funds to
any such activity but may provide information to them about a general fundraising campaign. A member of a judge’s personal staff should not solicit any
court personnel to contribute funds to any such activity under circumstances
where the staff member’s close relationship to the judge could reasonably be
construed to give undue weight to the solicitation.
3. A judicial employee should not solicit or accept funds from lawyers or
other persons likely to come before the judicial employee or the court or office
the judicial employee serves, except as an incident to a general fund-raising
activity.
C.

Financial activities.

1. A judicial employee should refrain from outside financial and personal
dealings that tend to detract from the dignity of the court, interfere with the
proper performance of official duties, exploit the position, or associate the
judicial employee in a substantial financial manner with lawyers or other
persons likely to come before the judicial employee or the court or office the
judicial employee serves, provided, however, that court reporters are not
prohibited from providing reporting services for compensation to the extent
28

Canon 5 [Title 26, § 4–205]

CONDUCT AND ETHICS

permitted by statute and by the court. A member of a judge’s personal staff
should consult with the appointing judge concerning any financial and business
activities that might reasonable be interpreted as violating this subchapter and
should refrain from any activities that fail to conform to the foregoing standards or that the judge concludes may otherwise give rise to an appearance of
impropriety.
2. A judicial employee should not solicit or accept a gift from anyone
seeking official action from or doing business with the court or other entity
served by the judicial employee, or from anyone whose interests may be
substantially affected by the performance or nonperformance of official duties.
D.

Compensation and reimbursement.

1. A judicial employee may receive compensation and reimbursement of
expenses for outside activities provided that receipt of such compensation and
reimbursement is not prohibited or restricted by this subchapter, or other
applicable law, and provided that the source or amount of such payments does
not influence or give the appearance of influencing the judicial employee in the
performance of official duties or otherwise give the appearance of impropriety.
Expense reimbursement should be limited tot he actual cost of travel, food, and
lodging reasonably incurred by a judicial employee and, where appropriate to
the occasion, by the judicial employee’s spouse or relative.
2. Notwithstanding the above, a judicial employee should not receive any
salary, or any supplementation of salary, as compensation for official government services from any source other than the Muscogee (Creek) Nation.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

§ 4–205. Canon 5: A judicial employee should refrain from inappropriate
political activity
Political activity. A judicial employee should refrain from Muscogee (Creek)
Nation political activity; should not act as a leader or hold any office in a
Muscogee (Creek) Nation political organization; should not make speeches for
or publicly endorse or oppose a Muscogee (Creek) Nation political organization
or candidate; should not solicit funds for candidate and should not become a
candidate for Muscogee (Creek) Nation political office. This prohibition does
not apply to federal, state or local political activity.
[NCA 01–108, § 3, approved July 6, 2001.]
Library References
Judges O11(2).
Westlaw Topic No. 227.
C.J.S. Judges §§ 78 to 99.

29

CHAPTER 5. BUDGET, FINANCE
AND COMPENSATION
Subchapter
1. General Provisions
2. Compensation
3. Travel, Mileage and Per Diem
4. Contract or Grant Funds
Table of Prior Statutes
Former Section

New Sections

Former Section

5–401 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
5–402 TTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–402
5–403 TTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–402
5–404 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none

New Sections

5–405 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
5–406 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
5–407 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none
5–408 TTTTTTTTTTTTTTTTTTTTTTTTTTTTT none

Cross References
Court Clerk Revolving Fund, see Title 37, § 2–203.
Court Fund, see Title 37, § 2–201.

SUBCHAPTER 1.

GENERAL PROVISIONS

Section
5–101. Preparation of budget.
5–102. Budget modifications.
5–103. Accounting policies and procedures.
5–104. Federal regulations.
5–105. Vouchers.
5–106. Process service fees.
5–107. Court Clerk Revolving Fund.
5–108. Legal Services Court Costs and Publication Fee Revolving Fund.
5–109. District Court budget separation.
5–110. Mvskoke Press Revolving Fund.

§ 5–101. Preparation of budget
A. The court system shall prepare a budget that separates the Supreme
Court and the District Court budget line items.
B. The Supreme Court Clerk shall be responsible for the annual preparation
of the Supreme Court budget with input from the Chief Justice and Associate
Justices.
C. The District Court Clerk shall be responsible for the annual preparation
of the District Court budget with input from the District Judge.
D. The Chief Justice and District Judge shall approve the final overall
budget before submission to the Principal Chief and the National Council as
required by the Muscogee (Creek) Nation Constitution.
[NCA 99–85, § 105, approved July 1, 1999.]
Library References
Indians O401.

Westlaw Topic No. 209.

30

BUDGET, FINANCE AND COMPENSATION

Title 26, § 5–105

C.J.S. Indians §§ 151 to 179.

§ 5–102. Budget modifications
All modifications to line item appropriations shall be made in writing and
approved by the respective administrative officer before taking effect. Budget
modifications to funds appropriated by line item for the operation of the
Supreme Court may be made by the Chief Justice during the fiscal year. Budget
modifications to funds to line item for the operation of the District Court may
be made by the District Judge or the District Court Clerk during the fiscal year.
Budget modifications to line items during any fiscal year which result in the
transfer of funds from the District Court line items to Supreme Court line items
shall be in writing and approved by the Chief Justice, District Judge, and
Judicial Branch Accountant.
[NCA 99–85, § 105, approved July 1, 1999.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–103. Accounting policies and procedures
The Muscogee (Creek) Nation Judicial Branch Accounting Policies and Procedures Manual, prepared by Arledge & Associates Certified Public Accountants
dated November 9, 1993 is hereby made a statute and law of this Nation.
Future additions, deletions, or amendments with written justification from by
the Court system’s certified public accountant shall be presented to the Controller and National Council for comments before taking effect. The National
Council shall have ninety (90) days to comment or by National Council
Resolution reject the proposed addition, deletion, or amendment.
[NCA 99–85, § 105, approved July 1, 1999.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–104. Federal regulations
The Supreme Court and District Court shall follow OMB a–87 and a–102, and
the Common Rule Administration Requirements currently in effect as they
apply to Indian Tribal governments.
[NCA 99–85, § 105, approved July 1, 1999.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–105. Vouchers
Vouchers of the Supreme Court shall be documented according to standard
Tribal expenditure procedures, and after approval by the Chief Justice, shall be
31

Title 26, § 5–105

JUDICIAL BRANCH/COURTS

processed by the Office of the Administration as necessary, and forwarded to
the Controller for payment.
[NCA 81–31, § 103, approved Feb. 2, 1981.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–106. Process service fees
The Judicial Branch is hereby authorized to reimburse the Lighthorse Administration for any process service fees previously collected for such service and
any process service fees collected by the Judicial Branch in the future. Such
fees shall immediately be paid over to the Muscogee (Creek) Nation Controller
to be deposited into a revolving fund for use by the Lighthorse Administration
as appropriated by the Muscogee (Creek) National Council.
[NCA 98–103, § 103, approved Oct. 5, 1998.]
Cross References
Lighthorse Administration Revolving Account, see Title 37, § 2–213.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–107. Court Clerk revolving fund
A revolving fund is hereby created out of the District Court Clerk Fund. This
fund is non-appropriated and does not contain any tax and license revenues of
the Muscogee (Creek) Nation, nor any funds coming from or belonging to the
United States of America. The fund may be used for maintenance and updating
of the law library, renovation and moving expense, special events, or supplies
upon the written request of the National Council, Principal Chief, Chief Justice,
or District Judge. All withdrawals shall be made in accordance with the
Accounting Policies and Procedures Manual and shall require original invoices.
Pre-payment of expenditures may be made out of this revolving account.
[NCA 89–112, § 106, approved Sept. 8, 1989; amended by NCA 99–85, § 105, approved
July 1, 1999.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–108. Legal Services Court Costs and Publication Fee Revolving Fund
There is hereby created the Legal Services Court Costs and Publication Fee
Revolving Fund. The Fund shall be established with a monetary ceiling of ten
thousand and no/100 dollars ($10,000.00) to be used to pay extra-ordinary
travel expenses, service of process fees, court reporter fees, guardian ad litem
32

BUDGET, FINANCE AND COMPENSATION

Title 26, § 5–110

fees, court costs and publication expenses in accordance with guidelines
adopted by the Commission in connection with services provided by the
Muscogee (Creek) Legal Services Department. Services and expenses will be
paid for the citizen client who is indigent or unable to afford or pay such extraordinary travel expenses, service of process fees, court reporter fees, guardian
ad litem fees, costs and publication expenses. This Revolving Fund shall be
held in escrow by the District Court Clerk, who shall only make expenditures in
accordance with the above mentioned guidelines and in compliance with the
Muscogee (Creek) Nation Judicial Branch Accounting Policies and Procedures,
prepared by Arledge & Associates Certified Public Accountants. Whenever this
Revolving Fund contains less than one thousand dollars ($1,000.00), the District Court Clerk shall notify the Speaker and the National Council may address
a supplemental appropriation to replenish the Revolving Fund to ten thousand
and no/100 dollars ($10,000.00).
[NCA 02–091, § 10, approved May 30, 2002; amended by NCA 02–211, § 1, approved
Dec. 27, 2002; NCA 07–319, § 3, eff. Jan., 2, 2008.]
Cross References
Muscogee (Creek) Nation Legal Services Clinic, court costs and publication fees, see Title 35,
§ 10–112.

Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–109. District Court budget separation
The Court shall be responsible for expenditures and the budget modifications
within sources of revenue and approved line items. The budget for the Judicial
Branch is separate from and not a part of the general Tribal budget. Expenditures from this budget are not contingent upon funding of any other budget
within the Muscogee (Creek) Nation. Funds appropriated under this budget
are to be turned over to the Judicial Branch in the form of a draft on the
Muscogee (Creek) Nation Treasury to be deposited in a financial institution of
the Judicial Branch of the Muscogee (Creek) Nation choosing, and shall be
subject to audit at any time by the Executive and/or Legislative Branch of the
Muscogee (Creek) Nation.
[NCA 89–112, § 103, approved August 26, 1989; amended by NCA 89–162, § 101,
approved Nov. 18, 1989.]
Library References
Indians O401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.

§ 5–110. Mvskoke Press Revolving Fund
There is hereby created the Mvskoke Press Revolving Fund. This Revolving
Fund shall be held by the District Court Clerk. Expenditures shall be made for
the Mvskoke Press in compliance with the Muscogee (Creek) Nation Judicial
Branch Accounting Policies and Procedures, prepared by Arledge & Associates
33

Title 26, § 5–110

JUDICIAL BRANCH/COURTS

Certified Public Accountants. This Revolving Fund shall also be the repository
for income from the sale of publications of the Mvskoke Press.
[Added by NCA 08–062, § 6, approved May 1, 2008.]
Historical and Statutory Notes
NCA 08–062, § 2, provides:
‘‘Section Two. Purpose. The purpose of this
Act is to authorize a special appropriation to the
District Court for the purchase of OCW Press
and to contract with Professor Melissa L. Tatum
to produce Volume 8 of the MVSKOKE LAW
REPORTER. This Act will also amend MCNCA
Title 30, 1-111 Publication of the Code of Laws
to establish the Mvskoke Press as publisher for
the Muscogee (Creek) Nation Code Annotated,

SUBCHAPTER 2.

Mvskoke Law Reporter, other publications of
the District Court and Supreme Court and Muscogee (Creek) Nation as required and amend
1-117 to delegate all responsibility to the District Court for the maintenance and sale of the
Mvskoke Law Reporter, publications of the District Court and Supreme Court and other Muscogee (Creek) Nation publications as required.
Add to MCNCA Title 26, § 5-110. The Mvskoke
Press Revolving Fund.’’

COMPENSATION

Section
5–201. Supreme Court Justices.
5–202. District Court Judge.
5–203. Special District Judge.
5–204. District Court Clerks.
5–205. Lawmenders.

§ 5–201. Supreme Court Justices
A. Effective October 1, 1994, the Chief Justice of the Supreme Court shall be
compensated at the rate of one thousand two hundred dollars ($1,200.00) per
month and the other Supreme Court Justices shall be compensated at the rate
of one thousand dollars ($1,000.00) per month and these monthly compensation amounts shall have F.I.C.A. and federal income taxes withheld by the
Judicial Branch in the same manner as any other employee, the Nation shall
pay it statutory F.I.C.A. contribution and the Judicial Branch shall remit said
F.I.C.A. and taxes withheld to the United States Treasury as required by federal
law.
B. Further, the Supreme Court by order may assign a Supreme Court
Justice or member of the Muscogee (Creek) Nation Bar Association in good
standing to research and write any opinion required and such assigned individual shall be compensated at the rate of sixty dollars ($60.00) per hour upon
receipt of an itemized invoice. All provisions of law in conflict with this section
are repealed effective September 30, 1994.
[NCA 94–67, § 109, approved Sept. 30, 1994.]

§ 5–202. District Court Judge
The District Court Judge is to be compensated as a salaried employee on the
same basis as other employees in the amount of ninety thousand dollars
($90,000.00) per year, F.I.C.A. and withholding of federal income tax shall be
accomplished by the Judicial Branch in the same manner as any other employee. The District Court Judge may elect to participate in fringe benefits
34

BUDGET, FINANCE AND COMPENSATION

Title 26, § 5–301

provided to Judicial Branch employees and may engage in the private practice
of law in state and federal courts.
[NCA 94–67, § 113, approved Sept. 30, 1994; amended by NCA 02–079, § 1, approved
May 30, 2002; amended by NCA 05–016, § 2, eff. Feb. 9, 2005.]
Library References
Judges O22.
Westlaw Topic No. 227.
C.J.S. Judges §§ 181 to 206, 330.

§ 5–203. Special District Judge
The Special District Judge shall be compensated in the same manner as
court-appointed attorneys practicing in the Tribal Court.
[NCA 94–67, § 112, approved Sept. 30, 1994.]

§ 5–204. District Court Clerks
The District Court Clerk, deputy, or assistant shall not receive any compensation or emoluments through any office or position to which appointed other
than that received as such District Court Clerk, deputy or assistant.
[NCA 01–109, § 211, approved July 6, 2001.]
Historical and Statutory Notes
Derivation
NCA 82–30, § 505, added by NCA 99–85,
§ 103.

§ 5–205. Lawmenders
Lawmenders shall be compensated in accordance with the rules adopted by
the Supreme Court and District Court.
[NCA 94–67, § 112, approved Sept. 30, 1994.]

SUBCHAPTER 3.

TRAVEL, MILEAGE AND PER DIEM

Section
5–301. Travel.
5–302. Mileage.
5–303. Per diem.

§ 5–301. Travel
Supreme Court travel (out-of-Oklahoma) requests must be made in writing
and approved by the Chief Justice. District Court (out-of-Oklahoma) travel
requests must be made in writing and approved by the District Judge. The
District Court Clerk shall be responsible for the court system’s accounting and
shall be responsible for the preparation of all Justice, Judge, and Court
employee travel documentation, thus ensuring all federal government and
Muscogee (Creek) Nation travel regulations in effect are complied with and
Judicial Branch Accounting Policies and Procedures are strictly adhered to and
35

Title 26, § 5–301

JUDICIAL BRANCH/COURTS

followed. All out-of-state travel claims shall be approved by the Chief Justice or
District Judge and Controller before final payment is made.
[NCA 99–85, § 105, approved July 1, 1999.]
Library References
Judges O22.
Westlaw Topic No. 227.
C.J.S. Judges §§ 181 to 206, 330.

§ 5–302. Mileage
Effective October 1, 1994, the Supreme Court Justices, District Court Judge,
and Special Judge shall receive mileage while on judicial business in the
amount per mile set out by federal travel regulations for government employees
not to exceed a total of two hundred fifty dollars ($250.00) per month.
[NCA 94–67, § 110, approved Sept. 30, 1994.]
Library References
Judges O22.
Westlaw Topic No. 227.
C.J.S. Judges §§ 181 to 206, 330.

§ 5–303. Per diem
Effective October 1, 1994, the members of the Supreme Court, District Judge,
any Special Judge and employees of Judicial Branch shall receive per diem for
travel away from their home to attend meetings with federal and state officials,
judicial association meeting, schools, seminars, and workshops that are designed to improve the judicial skills and knowledge of the attendee. The per
diem in this section shall governed by the actual hotel room rate plus the meals
and incidental (m & i) rate per federal travel regulations in effect at the time of
the travel.
[NCA 94–67, § 111, approved Sept. 30, 1994.]
Library References
Judges O22.
Westlaw Topic No. 227.
C.J.S. Judges §§ 181 to 206, 330.

SUBCHAPTER 4.

CONTRACT OR GRANT FUNDS

Section
5–401. District Court Enhancement Grant.
5–402. Authorization.
5–403. Repealer.
5–404. Repealed.
5–405. Meeting with National Council Committee.
5–406. Expenditures.
5–407. Annual audit.
5–408. Management procedures.

36

BUDGET, FINANCE AND COMPENSATION

Title 26, § 5–402

Historical and Statutory Notes
NCA 92–31, § 101, provides:
‘‘The Purpose of this Ordinance is to authorize the Judicial Branch as established BY THE
CONSTITUTION
OF
THE
MUSCOGEE
(CREEK) NATION, Article VII, and the following Ordinances, NCA 81–18, NCA 81–88, NCA
82–30, NCA 83–50, NCA 88–17, NCA 88–74,
NCA 89–21, NCA 89–112, NCA 89–148, NCA
89–162, to contract with the Bureau of Indian
Affairs, other Federal Government Agencies or
State Government Agencies for funding, to enter
into agreements with the Federal, State and
other Tribal governments and to provide the
authority for the Judicial Branch to contract
with Federal and State Agencies.’’
NCA 92–31, § 103, provides in part as follows: ‘‘All monies expended shall be only upon

approval by at least two Justices or one Justice
and the District Court Judge.’’ This language
has been deleted as impliedly repealed by NCA
01–229, § 4, since it is inconsistent with that
act’s purpose, as stated by NCA 01–229, § 2, ‘‘to
eliminate Muscogee (Creek) Nation Supreme
Court approval requirements regarding acceptance and expenditure of said funds.’’ NCA
01–229, § 4, provides:
‘‘SECTION FOUR. REPEALER. NCA 91–84 is
hereby repealed. All prior laws in effect as of
the date of enactment of this Act which are
inconsistent with this Act are hereby repealed
and shall have no force and effect from this date
forward.’’

§ 5–401. District Court Enhancement Grant
The purpose of this law is to authorize the Muscogee (Creek) Nation District
Court to expend a Tribal Court Enhancement Grant awarded by the United
States Department of Justice.
[NCA 01–229, § 2, approved Dec. 4, 2001; amended by NCA 03–202, § 2, approved
Nov. 3, 2003.]
Historical and Statutory Notes
Derivation:
Title 26, § 5–401, added by NCA 92–31, § 102
and repealed by NCA 01–229, § 4.

§ 5–402. Authorization
The National Council hereby authorizes the District Court to expend grant
funds awarded by the United States Department of Justice in accordance with
the attached budget detail worksheet and budget narrative. The National
Council further authorizes the District Judge to engage in contracts for the
service of certified public accountants, professors of law, graduate attorneys,
graduate students, enrolled law students, technical service providers and publishers. The District Judge is hereby authorized to compel the State of
Oklahoma by whatever means necessary to return to this Nation, historical
court records in the custody of the Oklahoma Historical Society.
[NCA 01–229, § 3, approved Dec. 4, 2001; amended by NCA 03–202, § 3, approved
Nov. 3, 2003.]
Historical and Statutory Notes
Derivation:
Title 26, § 5–402, added by NCA 92–31, § 1,
and repealed by NCA 01–229, § 4.
Title 26, § 5–403, added by NCA 92–31,
§ 108, and repealed by NCA 01–229, § 4.

thority to approve contract proposals, was added by NCA 92–31, § 104 and repealed by NCA
01–229, § 4.

Former sections:
Former § 5–402, which granted the Tribal
judicial branch and the National Council au-

37

Title 26, § 5–403

JUDICIAL BRANCH/COURTS

§ 5–403. Repealer
NCA 91–84 is hereby repealed. All prior laws in effect as of the date of
enactment of NCA 01–229 which are inconsistent with this Act are hereby
repealed and shall have no force and effect from this date forward.
[NCA 01–229, § 4, approved Dec. 4, 2001.]
Historical and Statutory Notes
Derivation:
Title 26, § 5–403, added by NCA 92–31, § 108
and repealed by NCA 01–229, § 4.

§ 5–404. Repealed by NCA 01–229, § 4, eff. Dec. 4, 2001
§ 5–405. Meeting with National Council Committee
Before the expenditure of any contract or grant funds by the Judicial Branch
a Supreme Court Justice and the District Judge shall meet with the appropriate
National Council Committee to determine if modifications or amendments to
the Comprehensive Budget of the Muscogee (Creek) Nation are required.
[NCA 92–31, § 105, approved March 4, 1992.]

§ 5–406. Expenditures
Expenditures shall follow the usual accounting procedures as set out by the
laws of this Nation.
[NCA 92–31, § 103, approved March 4, 1992.]

§ 5–407. Annual audit
All contract and grant funds received by the Judicial Branch shall be
included in the annual audit of the Muscogee (Creek) Nation.
[NCA 92–31, § 106, approved March 4, 1992.]

§ 5–408. Management procedures
All contract and grant funds shall be managed according to generally accepted accounting procedures.
[NCA 92–31, § 107, approved March 4, 1992.]

38

CHAPTER 6.

FAMILY DRUG COURT PROGRAM

Section
6–101. Establishment of program.
6–102. Powers and authority of Court.
6–103. Rules and procedures.
6–104. Family Drug Court Implementation Team.
6–105. Children and Family Services Administration responsibilities.
6–106. Muscogee (Creek) Nation Behavioral Health responsibilities.
6–107. Search for funding.
6–108. Cooperative agreements or contracts.
6–109. Severability.
Historical and Statutory Notes
jurisdictional boundaries of the Muscogee Nation.
‘‘2. Drug and/or alcohol abuse is a commonly recurring factor in a substantial number, if
not the majority, of juvenile cases within the
Nation’s Children and Family Services Administration as well as in adult criminal cases.
‘‘3. The Nation’s current programs and services designed to address family problems and
conditions are often inadequate where such
problems and conditions are the result, in
whole or in part, of chronic drug and/or alcohol
abuse.
‘‘4. There is a need to reduce the incidence
of drug and alcohol abuse within the Muscogee
Nation and to create and implement a program
integrating alcohol and drug treatment and other rehabilitative services and resources within
the Nation’s judicial system.
‘‘5. With funding provided in 1996 from a
grant funded in 1996 by the U.S. Department of
Justice, the Nation formed a family drug court
planning team whose members have been meeting since February 1997 to discuss and plan a
family drug court program within the Muscogee
(Creek) Nation judicial system. The members of
the family drug court planning team have also
participated in both national and state drug
court training sessions to assist them in developing a drug court program.
‘‘6. The family drug court planning team
members studied the problems of chronic alcohol and drug abuse and its effects on families
and have recommended the establishment of a
Family Drug Court Pilot Project as the initial
substantive step in creating a program specifically designed to address the cycle of alcohol
and drug abuse and the disintegration of families within Muscogee Nation caused by such
abuse.
‘‘7. The Muscogee Nation was recently
awarded a drug court implementation grant by
the U.S. Department of Justice to assist with
funding the implementation of a family drug
court program within the Nation’s criminal and
juvenile justice system.

NCA 00–32, § 101, provides:
‘‘Findings: The National Council finds that:
‘‘A. On August 29, 1998, the National Council adopted NCA 98–77 that established a Family Drug Court Pilot Project, created a Family
Drug Court Implementation Team and authorized the adoption and implementation of Family
Drug Court Rules, policies and procedures.
‘‘B. Section 105 of NCA 98–77 created an
expiration date for the Family Drug Court Pilot
Project which was to occur twenty-fourth
months after the date on which said ordinance
was enacted.
‘‘C. In June 1999, the Family Drug Court
Pilot Project began accepting participants and
providing a specialized court docket in which to
provide treatment, supervision, case management, and accountability for Family Drug Court
participants.
‘‘D. The Family Drug Court Implementation Team has executed a Memorandum of Understanding between the respective agencies
involved, drafted policies and procedures to
govern the Family Drug Court Program, and
developed standardized forms and orders to be
used by said Program. The Family Drug Court
Implementation Team meets regularly and is
encouraged by the operation of the Family
Drug Court Program and the level of cooperation between the participating agencies.
‘‘E. There is a need to continue the operation of the Family Drug Court Program beyond
the expiration date of the Family Drug Court
Pilot Project and to enhance the resources and
services provided to Family Drug Court participants and their families.
‘‘F. It is in the best interests of the Muscogee
(Creek) Nation and its Indian families to establish a permanent Family Drug Court Program
and to pursue funding sources to assist in the
continuation of the Family Drug Court Program.’’
NCA 98–77, § 101, provides:
‘‘Findings: The National Council finds that:
‘‘1. The Muscogee Nation currently has both
a criminal code and a juvenile code governing
criminal and juvenile actions arising within the

39

Title 26, § 6–101

JUDICIAL BRANCH/COURTS

‘‘8. It is in the best interests of the Muscogee
Nation and its Indian families to implement a
Family Drug Court Pilot Project pursuant to the

federal drug court grant awarded by the Department of Justice.’’

Cross References
Diversion to Family Drug Court by Attorney General, see Title 14, § 2–709.

§ 6–101. Establishment of program
There is hereby established a Family Drug Court Program within the Muscogee (Creek) Nation’s judicial system.
[NCA 98–77, § 103, approved Sept. 3, 1998; amended by NCA 00–32, § 103, approved
March 7, 2000.]
Library References
Chemical Dependents O12, 13.
Indians O401.
Westlaw Topic Nos. 76A, 209.

C.J.S. Chemical Dependents §§ 18, 20 to 26.
C.J.S. Indians §§ 151 to 179.

§ 6–102. Powers and authority of Court
The Judge of the Muscogee (Creek) Nation District Court is hereby authorized
to order and/or impose sanctions and incentives for participants who enter into
the Family Drug Court Program. The Court’s powers and authority hereunder
shall include, but are not limited to, the following:
A.

approving and enforcing treatment plans;

B. holding participants in direct or indirect contempt of court for willful
violations of the Court’s orders, including Court-ordered treatment plans;
C.

imposing fines and/or costs;

D.

ordering the performance of community service;

E. ordering participants to receive mandatory inpatient/outpatient drug or
alcohol treatment or counseling;
F.

ordering random and/or periodic urinalysis testing;

G. placement of child(ren) in the legal and/or physical custody of Children
and Family Services Administration and/or other persons;
H. authorizing increased or restricted contact with other family members or
increased or restricted supervised visitation with child(ren);
I. extending, accelerating, and/or terminating treatment plan(s) and/or ordering that non-compliant participants be discharged from the Family Drug
Court program;
J. where a participant in the program has materially and/or repetitively
violated the terms of his or her Court-ordered treatment plan, ordering that the
participant be placed in confinement for a period not to exceed five (5) days for
each violation, but only after the Court expressly finds that the participant’s
violation of the plan was willful and that other sanctions or incentives are
inadequate; and
40

Title 26, § 6–105

FAMILY DRUG COURT PROGRAM

K. imposing any other condition, standard, requirement, treatment, service,
training or activity which the Court deems appropriate under the facts and
circumstances of the case in the exercise of the Court’s sound discretion.
[NCA 98–77, § 103, approved Sept. 3, 1998; amended by NCA 00–32, § 103, approved
March 7, 2000.]
Library References
Chemical Dependents O13.
Indians O401.
Westlaw Topic Nos. 76A, 209.

C.J.S. Chemical Dependents §§ 20 to 26.
C.J.S. Indians §§ 151 to 179.

§ 6–103. Rules and procedures
The District Court may, in its discretion, adopt written rules and procedures
for the conduct of hearings and proceedings within the Family Drug Court
Program and the administration of cases therein, provided that copies of such
rules and procedures shall be public documents and made available to all
persons participating in the Family Drug Court Program and, upon request to
any citizen or attorneys admitted to the Muscogee (Creek) Nation Bar Association.
[NCA 98–77, § 103, approved Sept. 3, 1998.]
Library References
Chemical Dependents O13.
Indians O401.
Westlaw Topic Nos. 76A, 209.

C.J.S. Chemical Dependents §§ 20 to 26.
C.J.S. Indians §§ 151 to 179.

§ 6–104. Family Drug Court Implementation Team
A. There is hereby established the Family Drug Court Implementation
Team, which shall consist of at least one (1) representative from each of the
following agencies or departments of Muscogee (Creek) Nation: Office of the
Attorney General, Children and Family Services Administration (hereinafter
‘‘CFSA’’), Muscogee (Creek) Nation Behavioral Health and/or Employee Health
Department, Lighthorse Police, and such other person or persons as may be
designated by the Principal Chief. The Speaker of the National Council may
appoint one member of the National Council to attend Implementation Team
meetings in an ex-officio capacity.
B. The Family Drug Court Implementation Team is hereby authorized to
develop policies, procedures, and inter-agency/departmental protocols and
standards for use in the operation of the Family Drug Court Program, as well
as standardized forms and other documents to be used in the program. In
developing the foregoing, the Team shall consult with their respective agencies,
the judicial branch, attorneys who provide indigent defense services, and other
outside agencies.
[NCA 98–77, § 103, approved Sept. 3, 1998.]

§ 6–105. Children and Family Services Administration responsibilities
The CFSA shall be primarily responsible for managing and coordinating
services and activities under the individual treatment plans, provided that in
drafting and formulating individual treatment plans, CFSA shall consult with
41

Title 26, § 6–105

JUDICIAL BRANCH/COURTS

other agencies participating in the program in accordance with the interagency protocols and standards adopted pursuant to subsection B of Title 26,
§ 6–104.
[NCA 98–77, § 103, approved Sept. 3, 1998.]

§ 6–106. Muscogee (Creek) Nation Behavioral Health responsibilities
Muscogee (Creek) Nation Behavioral Health shall be the primary service
provider for alcohol and drug abuse assessments, testing, counseling, and
treatment services to be provided under the individual treatment plans, provided that Muscogee (Creek) Nation Behavioral Health shall coordinate its services
with other agencies participating in the program in accordance with the interagency protocols and standards adopted pursuant to subsection B of Title 26,
§ 6–104.
[NCA 98–77, § 103, approved Sept. 3, 1998.]

§ 6–107. Search for funding
The Principal Chief or his designee is authorized to seek and apply to other
funding or sources for the purpose of implementing a Family Drug Court
Program within the Muscogee (Creek) Nation justice system.
[NCA 98–77, § 103, approved Sept. 3, 1998; amended by NCA 00–32, § 103, approved
March 7, 2000.]

§ 6–108. Cooperative agreements or contracts
A. The Principal Chief, with the assistance of the Attorney General, is
hereby authorized to negotiate and enter into on behalf of the Muscogee (Creek)
Nation appropriate cooperative agreements with state and local governments
for integrating and/or coordinating the Muscogee (Creek) Nation Family Drug
Court Program with agencies of such other governments.
B. In addition, the Principal Chief, with the assistance of the Attorney
General, is hereby authorized to negotiate and enter into on behalf of the
Muscogee (Creek) Nation appropriate cooperative agreements/contracts with
substance abuse treatment facilities, local jails and/or detention facilities,and
other agencies in order to provide more comprehensive treatment and sanctions services for the Family Drug Court Program.
[NCA 98–77, § 104, approved Sept. 3, 1998; amended by NCA 00–32, §§ 103, 104,
approved March 7, 2000.]

§ 6–109. Severability
The provisions of this chapter shall be considered severable such that if any
provision shall be held invalid by a court of competent jurisdiction, all other
provisions shall continue to be valid and given full force and effect.
[NCA 98–77, § 106, approved Sept. 3, 1998.]

42

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3Ac8de783825c7fab2. Public record. Not legal advice.