(a) The Constitution of the Texas Band of Choctaw Indians establishes the Texas Choctaw Judiciary or Choctaw Tribal Court;

(b) The Constitution of the Texas Band of Choctaw Indians gives the Choctaw General Assembly the power to establish forums of special jurisdiction for traditional Choctaw dispute resolution;

(c ) The Constitution of the Texas Band of Choctaw Indians gives the Choctaw General Assembly the power to enact qualifications for the Justices and Judges of the Judiciary and to approve or disapprove an appointment of a Chief Justice and any Associate Justice to the Tribal Court;

(d) The Constitution of the Texas Band of Choctaw Indians gives the Choctaw General Assembly the power to remove Judges for good cause and appoint Justices or Judges pro tempore to fill any vacancy due to recusal; and

(e) The Constitution of the Texas Band of Choctaw Indians gives the Choctaw General Assembly the power to appropriate and administer funds.

The Choctaw Tribal Court is hereby created comprised of one Chief Justice and two Associate Justices and other Associate Judges as deemed necessary by the Choctaw General Assembly. The justices employed by the Judiciary and acting pursuant to the authority vested by the Constitution of the Texas Band of Choctaw Indians shall exercise the powers of the Judiciary in accordance with Article VII of the Constitution of the Texas Band of Choctaw Indians.

The Choctaw Tribal Court shall exercise jurisdiction over all matters within the power and authority of the Texas Band of Choctaw Indians including controversies arising out of the Constitution of the Texas Band of Choctaw Indians; laws, statutes, ordinances, resolutions and codes enacted by the Choctaw General Assembly; and such other matters arising under enactment's of the General Assembly or the customs and traditions of the Choctaw people. This jurisdiction extends over the Band and its territory, its members, and persons who interact with the Band or its members wherever found.

Proceedings of the Judiciary shall be conducted in a public place suitable for the purpose, but not necessarily on Choctaw land. Decisions of the Judiciary shall be in writing and shall be submitted to all parties. The Judiciary shall keep a complete and permanent record of all proceedings and decisions. Absent protective orders granted for good cause or General Assembly enactment's to the contrary, these records shall be open to the public.

The Judiciary shall have exclusive authority and responsibility to employ personnel and to establish written rules and procedures governing the use and operation of the court in accordance with Article VII of the Constitution of the Texas Band of Choctaw Indians.

All matters shall be tried in accordance with the Choctaw Rules of Procedure and the Choctaw Rules of Evidence, which shall be written by the Choctaw Tribal Court, published, and available to the public.

In all matters other than criminal matters punishable by imprisonment which shall be handled by courts of competent jurisdiction within the State of Texas or Federal District Courts, there shall be no right to trial by jury unless and until provided by the General Assembly.

Any justice of the court and, if authority is delegated by the Chief Justice of the Tribal Court, then the clerk of court shall have the authority to issue subpoenas to compel the attendance of witnesses or the production of documents or things. The failure to comply with a subpoena shall subject the person not complying to the contempt power of the court. A person present in court may be required by the court to testify in the same manner as if a subpoena were issued. This section shall remain unless authorization is transferred from the Tribal Court to a CFR Court by authority of the Choctaw General Assembly and the Secretary of the Interior as represented by the Bureau of Indian Affairs.

All justices would be chosen by the Chairman of the Choctaw Business Committee, subject to approval of the General Assembly in accordance with Article VI.2 of the Constitution of the Texas Band of Choctaw Indians. The Chairman will chose a Chief Justice who will be the presiding judge, plus one two additional justices. There shall be no term limits for justices who may retain the position as long as they wish, subject to removal by the General Assembly. Any band member citing a felony violation of Texas State and/or United States Federal Laws to the President Pro-Temp of the General Assembly may initiate removal of any justice of the Choctaw Tribal Court. Such member shall be deemed suspended by the General Assembly but not removed until formal hearings in a court of competent jurisdiction have found the individual guilty. A non-guilty verdict will return the justice to his/hers former status. Any band member citing a misdemeanor violation of Texas State laws to the President Pro-Temp of the General Assembly may seek the removal of a justice of the Tribal Court if the supposed misdemeanor occurred while in office. The President Pro-Temp of the General Assembly shall review and forward to all other justices and Choctaw Business Committee members the complaint filed. If the President Pro-Temp of the General Assembly feels the complaint valid and the misdemeanor of a serious nature, they will suspend the Tribal Court justice until the issue can be voted on at the next meeting of the General Assembly. Any member of the band may seek redress for removal of a member of the Tribal Court by petitioning other Justice's of the Tribal Court or the President Pro-Temp of the General Assembly, citing a Tribal Court justice has committed lewdness, incompetence, willful neglect of duties, corruption, moral turpitude, habitual drunkenness or misappropriation of band funds or property. Upon review of the other two justices and the President Pro-Temp of the General Assembly who together form a judicial committee, the said committee will render a decision to suspend, pending the next meeting of the General Assembly, to turn the matter if deemed serious enough to the District Attorney's office or the United States Department of Justice for further investigation. The Tribal Court and the General Assembly shall enact such codes as are determined necessary for carrying out the provisions of this section, while assuring that due process is afforded the accused Tribal Court justice.

If the Chairman of the Choctaw Business Committee fails to fill any vacancy on the Tribal Court within ninety (90) days of its occurrence, the Chief Justice of the Tribal Court shall have the authority and the duty to appoint a qualified person to fill the vacancy. Such extraordinary appointments shall be effective upon delivery of written notice to the Chairman of the Choctaw Business Committee and such appointee shall serve until the General Assembly approves or appoints a different justice for the vacancy.

The Choctaw Tribal Court shall consist of three (3) judges who are recognized by the Choctaw Business Committee and the General Assembly as having a demonstrated knowledge of state, federal and tribal law. The justices would be enrolled members of the Band.

Appeals shall be heard according to written rules established by the Judiciary under section 3 of this Act.

The Judiciary is hereby directed to seek the assistance of the elders of the Texas Choctaws, Choctaw Nation, Jena Choctaws and/or Mississippi Choctaws to establish a traditional forum to provide guidance and to assist the Judiciary whenever possible with the resolution of cases or controversies involving members. The Judiciary shall submit a written report to the General Assembly on the formation of the Forum for tradition dispute resolution within six (6) months of the passage of this Act.

This Code shall remain in full force and effect and no amendment or resolution of repeal shall be effective unless such amendment or resolution of repeal is approved by an absolute majority of the Choctaw General Assembly.