By BROOKLYN BROWN
One Feather Reporter
CHEROKEE, N.C. – Chief Justice of the Supreme Court of the Eastern Band of Cherokee Indians (EBCI) Bradley Letts, a member of the EBCI, has submitted an ordinance suggesting changes to the judicial code, Chapter 7 of the Cherokee Code, that has now been tabled four times to work session with the Dinilawigi (Tribal Council).
Letts makes the suggestions based on Chapter 7-21(2) which reads, “The Chief Justice shall make an annual report to the Tribal Council at the Annual Council concerning the following issues…
(2) “Suggested clarifications, changes or additions, if any, to the Cherokee Code to facilitate the administration of justice;”
Having started his position in 2024, Letts opted to use his first year to experience the system and see what changes might need to be made. After concluding his annual report, Letts suggested wording changes to the code and an additional associate justice. Letts implemented a five-week session schedule for 2025 to 2030 for the Supreme Court. The Supreme Court has a 3-person panel including the Chief Justice and two associate justices. Letts said the 3-person panel would not change, but there would now be an additional justice who can fill in if another justice is not able to be there. The additional associate justice, like the other associate justices, would be a part-time temporary employee paid by the hour. Justices are nominated by the Ugvwiyuhi (Principal Chief) and confirmed by Dinilawigi. The Chief Justice serves a term of six years, and the associate justices serve four years.
Letts argues that the additional justice would improve the timeliness of opinions by maintaining court schedules in the absence of a justice. Letts said the assignment of associate justices to cases would be a random selection similar to the federal court system.
Letts said that concerns were raised for “legislating from the bench,” if the Chief Justice makes suggestions to the code. Letts said, “There has to be a bench,” arguing that a trial must be in motion for legislating from the bench to occur. Letts argued that Chapter 7-21(2) codifies making suggestions for changes and clarifications to the judicial code as an inherent aspect of his position as Chief Justice.
The changes were discussed again at the Dinilawigi session on the morning of Thursday, March 5.
Brenda Toineeta Pipestem, a member of the EBCI who served on the Cherokee Supreme Court for 25 years, said, “I’m here today to request that we table this particular amendment item for further work. The work of the court, the work of the judiciary is incredibly important and words matter. We do not want to inadvertently pass law that’s going to harm us as a tribe.”
Pipestem goes on to specifically point out Sec. 7-2 Jurisdiction of the Judicial Branch, which says in part, “The territory of the Eastern Band [of Cherokee Indians (added by Letts)] is comprised of all lands within the Qualla Boundary…” In Letts’ ordinance, the “all lands within the Qualla Boundary” would be removed. Read the full ordinance here.
Pipestem said removing those words could limit jurisdiction as there are fee lands within the Qualla Boundary that we could lose jurisdiction over.
The ordinance was tabled with a motion by Aniwodihi (Painttown) Rep. Michael Stamper, seconded by Kolanvyi (Big Cove) Rep. Venita Wolfe. Three voted to oppose, including Kolanvyi (Big Cove) Rep. Lavita Hill, Elawodi (Yellowhill) Rep. Shennelle Feather, and Aniwodihi (Painttown) Rep. Shannon Swimmer.
