§ 105. Attorney General

Cite as: 26 CNCA § 105

A. Investigations and Prosecutions. Pursuant to Article VII, Section 13 of the Cherokee Nation Constitution and 51 C.N.C.A. § 105 (B)(14), the Cherokee Nation Attorney General shall be empowered to investigate and prosecute all actions, civil or criminal, relating to civil actions or crimes against or within the jurisdiction of the Cherokee Nation, provided that any such criminal actions shall be investigated in coordination with the Cherokee Nation Marshal Service and/or any federal or local law enforcement agency, as determined by the Cherokee Nation Attorney General.

B. Official Opinions of the Attorney General. Pursuant to 51 C.N.C.A. § 105 (B)(4), the Cherokee Nation Attorney General shall, upon submission of a question of law by the Election Commission, any member of the Council, the Principal Chief, or the Deputy Principal Chief, give an official opinion that shall have the force of law in Cherokee Nation until a differing opinion or order is entered by a Cherokee Nation Court, or upon legislative action by the Council.

C. Appearance of Impropriety. Except as authorized under the Constitution of the Cherokee Nation, neither the Attorney General nor any Assistant Attorney General may make a contribution to a Candidate seeking political office in an election of the Cherokee Nation, provided that no Cherokee Citizen shall be restricting in expressing his or her individual opinion or exercising his or her right to vote.

Historical Data

LA 22-20, eff. October 13, 2020. Amended LA 14-22, eff. May 16, 2022.