R. Steve Dick/University Relations
Stacy Leeds is a professor of law and the first female justice on the Cherokee Nation's highest court.
CAMPUS CLOSEUPStacy Leeds - Professor of law, Cherokee Nation supreme court justice
Years at current job: Four.
Job duties: I am a professor of law and I have directed the Tribal Law and Government Center since Fall 2003. This year I am also the interim director of the Indigenous Nations Studies master's degree program in the College of Liberal Arts and Sciences.
I teach property in the first year law school curriculum and then several courses in our Tribal Lawyer Certificate Program at the law school.
You are the first female justice to serve on the Judicial Appeals Tribunal, the highest court of the Cherokee Nation. How does one become a member of the judicial body, and how long is your term? Since August of 2002 I have served as a Justice on the Cherokee Nation's highest court. We are transitioning to a new constitution at Cherokee Nation, and my role has changed. I was originally appointed to the Judicial Appeals Tribunal as a Justice. Then the Judicial Appeals Tribunal became the Cherokee Nation Supreme Court under the new constitution. My term expires December 31. On the JAT, I was one of three Justices. On the Supreme Court, I am one of 5 Justices.
Has your service with the tribunal changed your perspective or the way you teach? My service on the Court has certainly changed my perspective and the way I teach. It grounds me in a way that no amount of reading and research can do. On the flip side, my role as a teacher and a scholar assists me in my role as a Justice.
What is the biggest difference between tribal law and state and federal law? Tribal, state and federal laws differ based on the laws to be applied. For instance, if a litigant seeks relief in Cherokee courts for some wrongful conduct, they will argue Cherokee law based on the Cherokee Constitution and Cherokee legislation.
Their arguments would not be based on the United States' bill of rights or on a state constitution. The primary difference in tribal law and state/federal law is the jurisdiction exercised by the courts. If someone is passing through Kansas and they commit a crime within the state of Kansas, no one would question that the state of Kansas has authority over that person. The authority would arise from the person's mere presence in the state territory. The jurisdiction of the Cherokee Nation court is more limited, partially by federal law and partially by the Cherokee Nation's own laws. The Cherokee Nation's jurisdiction is limited based on the persons involved and based on what relationship the person or entity has to the Cherokee Nation.
What do you like most about your profession? As a profession, serving as a judge is an honor but it comes with great responsibility. I see my job as very limited. I am to rule on the law as it is written. I have to leaving politics aside and not bend to outside pressures. This is what I always strive to do. People are not always happy with the results of my decisions.
What, in your opinion, are currently the most pressing issues in tribal law and federal Indian law? In my opinion, the threats to tribal sovereignty today are both internal and external. In order to have outside legitimacy, we must have the strong support of our own people and a commitment to the rule of law. If our own people have confidence in their government and the government thrives, there will be positive consequences that flow. We are under attack from external forces who want to see tribal sovereignty further diluted. These external forces believe that tribes are given special treatment that is inconsistent with an American democracy. They don't want to understand the legal and historical basis for tribal sovereignty.
What aspects of your job might others not realize you're involved with? Most people would be shocked at the amount of time I spend traveling each week. The Cherokee Nation is not a club. The Cherokee Nation is a place. When I was appointed to the bench I made it a point to relocate my home within the Cherokee Nation so that I would be a part of the community I serve. That means I live in the Cherokee Nation and I commute during the school year to fulfill my duties at the University of Kansas. I have done this for four years and it can be tiring at times but it is important to me that I am accountable to the people I serve. That means on occasion that I will be confronted by someone in a local grocery store when I go shopping in Tahlequah about a decision I made. That's important to me. My decisions don't exist in a vacuum, they matter to people.
What type of cases do you commonly hear on the tribunal? We hear cases that are initiated in the Cherokee court systems. They range from Cherokee constitutional questions to wrongful termination cases to issues of general jurisdiction such as family and criminal matters. The Supreme Court hears appeals from the lower court - the Cherokee District Court.
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