What are the differences between the current Oneida Appeals Commission and the proposed Judiciary?
In short, the Judiciary will carry on with the work the Appeals Commission has done, but with expanded authority to hear matters in more areas, and with a more efficient structure. Currently, the Appeals Commission can only hear cases if they are granted jurisdiction over the subject matter either in the Administrative Procedures Act (APA,) or by other Tribal law or policy. For example, the Child Support Law gives the Appeals Commission authority to hear child support matters; that is why they can hear child support matters. But many disputes do not involve the interpretation of specific laws; rather they are resolved through fact finding, common law and equity: small claims cases often fit this description, for example. The Judiciary provides for a small claims court. Under the Judiciary, the Tribe would be able to hear and resolve matters such as Small Claims actions, where the issue is not resolved through the interpretation of a law, but through fact-finding and determining what co
In short, the Judiciary will carry on with the work the Appeals Commission has done, but with expanded authority to hear matters in more areas, and with a more efficient structure. Currently, the Appeals Commission can only hear cases if they are granted jurisdiction over the subject matter either in the Administrative Procedures Act (APA,) or by other Tribal law or policy. For example, the Child Support Law gives the Appeals Commission authority to hear child support matters; that is why they can hear child support matters. But many disputes do not involve the interpretation of specific laws; rather they are resolved through fact finding, common law and equity: small claims cases often fit this description, for example. The Judiciary provides for a small claims court. Under the Judiciary, the Tribe would be able to hear and resolve matters such as Small Claims actions, where the issue is not resolved through the interpretation of a law, but through fact-finding and determining what co
