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Houkeai Nation & Confederation of Tribes
Court System

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All citizens of the Nation and Confederation have equal access to, and protection of the Houkeai Courts. This system is designed to resolve civil or criminal disputes as "locally" as possible and without any delay. Accordingly the Judicial hierarchy begins at the clan level with tribal elders being empowered to receive and decide cases in an informal setting. The structure used resembles that of any standardized "mediation" procedure and the intended goal is always to do justice to the parties. An aggrieved party unsatisfied with a decision of Elders may proceed to appeal to the next level: the District Courts.

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JUDICIAL STRUCTURE

The District Courts are established within the Bands and Tribes as a more formalized approach to the disposition of disputes and are modeled on the "Court of Equity" principle. Each District Court is subject to the rules and regulations of the various Bands and Tribes and each operate independent of each other. The principle of comity applies in matters where Courts may be required to consider the prior rulings and judgments of sister District Courts. A District Court may sit as a Court of Record (where all proceedings are recorded by a licensed or appointed recorder) or "not of record." Unless all parties and the Court agree in advance to waive the requirement of a record, then all proceedings at the District Court level are conducted at the standards set out for a Court of Record. Generally, each District Judge will first require a mediation session to see if the dispute can be resolved informally. This requirement may be waived by the Court, but waivers are discouraged and applications are usually not well-received.

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Each District Court sits in a designated geographical location within a Circuit. Circuit Courts are national in nature and its judges are appointed by the President of the Confederation with the advice and consent of the Senate. Circuit Judges may, when circumstances require, appoint Special District Judges to handle cases in order to facilitate proper docket control and fast-paced disposition of both civil and criminal cases. Anyone aggrieved by a District Court decision may appeal to the Circuit Court.

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In hearing a case on appeal, the Clerk will assign the appellate case to a three-Judge panel. In cases of extraordinary significance, the entire Circuit Courts may choose to sit en banc. Likewise, if any party is aggrieved by any decision of the Circuit three-Judge panel, the matter may be appealed to the Supreme Court of the Houkeai Nation. The Supreme Court consists of all active, sitting Circuit Judges. In the event that any regular Circuit Judge may be unavailable, or take recusal,  then the Clerk shall select by random draw, any available Senior Circuit Judge to sit by designation.

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Decisions by the Supreme Court are not appealable and are considered final among all of the Clans, Bands and Tribes.

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Cases are originated locally through whatever facilities are best suited to the individual Clans, Bands and Tribes. All Court proceedings are open to any enrolled tribal member, but not to the general public.

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The official Statutes of the Nation will be made available to the general public via a third-party legal research website/service during 2024.

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