MVSKOKE RESERVATION – On Wednesday, Feb. 19, the Business, Finance, and Justice Committee held an in-person meeting. Passed legislation will go on to the next full council meeting, unless otherwise noted.
The committee addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 26-013 A tribal resolution of the Muscogee (Creek) Nation confirming the nomination of Nalani Ching to serve as a District Trial Court Judge for the Criminal Law Division of the District Trial Court of the Muscogee (Creek) Nation passed with a vote of 4-0. Representative James Factor sponsored the legislation.
If appointed, Ching would serve until December 31, 2030.
NCA 26-030 A law of the Muscogee (Creek) Nation to amend Article VII of the Constitution of the Muscogee (Creek) Nation regarding Supreme Court Justices passed with a vote of 4-0. Representative Robert Hufft sponsored the legislation.
If passed by a ⅔ majority of the National Council, this amendment to the constitution would enable a referendum adding to the Article VII, Section 2 the following: “If for any reason, one (1) or more Supreme Court Justices recuse from a case, Speical Justices shall be appointed in the same manner, to ensure that seven (7) justices hear each case. The appointment of Special Justice(s) shall only be for a particular case and shall expire at the conclusion of that case.” According to the legislation, if ratified by a 2/3 affirmative vote of the eligible voters, the Amendment shall have full force and be effective from the date of approval.
In comments during the discussion, Principal Chief Hill remarked, “When I spoke to Mr. Harjo from the Election Board, he said that we still had time to add this on, to be voted on the ballot,” in reference to the upcoming May 2026 Special Election.
NCA 26-031 A law of the Muscogee (Creek) Nation to amend Article IX of the Constitution of the Muscogee (Creek) Nation regarding special elections passed with a vote of 4-0. Rep. Hufft sponsored the legislation.
This legislation would authorize a vote of Mvskoke citizens, amending Article IX of the constitution to read: “The Special Election may be called by the Principal Chief and combined with a General Election if the constitutional amendment ordinance is enacted at least 90 days prior to a General Election.” According to the legislation, the amendment will save the costs associated with holding additional elections.
NCA 26-032 A law of the Muscogee (Creek) Nation repealing MCNCA Title 16, § 2-103 entitled, “Evaluation Committee” passed with a vote of 4-0. Representative Lucian Tiger III sponsored the legislation.
This legislation would repeal in its entirety the evaluation committee established by code in 2011. According to the legislation, the evaluation committee was established to evaluate the salaries of the Principal Chief and the Second Chief, and it has convened only once. During the discussion, Principal Chief Hill remarked that there wasn’t the current amendment lacks accountability for parties that do not participate in the committee.
NCA 26-033 A law of the Muscogee (Creek) Nation amending MCNCA Title 14, § 2-114 entitled “Supplemental Crimes Act” passed with a vote of 4-0. Representative William Lowe sponsored the legislation.
During the discussion, MCN Attorney General Geri Wisner stated, “It allows the Nation to use existing state law where there are gaps in our criminal code. The law, as it currently reads, has some limiting dates that we would like to see removed so that we would be able to keep on using it.”
NCA 26-034 A law of the Muscogee (Creek) Nation amending MCNCA Title 14, § 3-1304 entitled “persons under the influence of alcohol or other intoxicating substances or combination thereof” passed with a vote 4-0. Rep. Lowe sponsored the legislation.
According to the legislation, the amendment adds, “other public places, or upon any private road, street, or alley.”
NCA 26-035 A law of the Muscogee (Creek) Nation creating a new chapter, entitled “Nondisclosure Agreements” in MCNCA Title 31was postponed until March with a vote of 4-0. Representative Dode Barnett sponsored the legislation. There was no discussion.
NCA 26-036 A law of the Muscogee (Creek) Nation amending MCNCA Title 31 Chapter 2 entitled “Homage to Deceased Officials” was postponed with a vote of 4-0. Representative Thomasene Osborn sponsored the legislation. There was no discussion.
NCA 26-037 A law of the Muscogee (Creek) Nation amending Article V Section 1 (a) and (c) of the Constitution of the Muscogee (Creek) Nation passed with a vote of 4-0. Rep. Tiger sponsored the legislation.
This legislation changes the terms of office for Principal Chief and Second Chief from two consecutive terms (8 years) to three terms (12 years total, consecutive or non-consecutive). If it receives a ⅔ affirmative vote of the full MCNNC, it will proceed to a referendum among Mvskoke citizens. No date was given during the discussion.
To view the full agenda, visit mcnnc.com.
