The Oneida Nation Court was established in May 1997 to hear cases involving Nation Members and other Native Americans and issues or events taking place on Nation lands. It does not have jurisdiction over non-Indians in criminal cases.

Judge Stewart F. Hancock Jr., a retired New York State Court of Appeals justice, is the trial judge for the Nation Court. Judge Richard D. Simons, also a retired Court of Appeals justice, is the appellate judge for the Nation Court.

Orientation

• The Nation Court's guidelines for operation are based on traditional Oneida values of peaceful mediation and reconciliation.
  
• The Court includes a Peacemaker component, used in lieu of conventional court procedures when both parties and the judge agree the Peacemaker method will yield an appropriate resolution.
  
• In criminal cases, the Nation Court's emphasis is on reconciliation among the offender, the victim and the community.

Jurisdiction

• The Nation Court hears misdemeanor criminal cases involving actions between Oneida Members and members of other Indian nations. Sentences are limited to no more than one year imprisonment and/or a fine of $5,000. Incarceration, if deemed appropriate, is served in a county jail.
  
• The Nation Court also hears civil cases, including small claims cases.
  
• The Nation Court does not have jurisdiction over political issues or issues pertaining to Nation membership.
  
• The Nation Court currently does not hear cases involving domestic relations, marriage and divorce, or custody matters.
  
• Like courts elsewhere, the Nation Court operates independently from the Nation's government.

Operations

• Court is in session one day a month, and other times as necessary, at the Justice Center, located on Union Street south of the city of Oneida.
  
• In addition to the judges, employees of the court include a court administrator, a court clerk, public defenders and a part-time probation officer.
  
• Jury trials are held only in criminal cases.
  
• A state-of-the-art recording system is used to record all proceedings.
  
• To initiate a civil suit, a person files a claim with the court clerk and the case is assigned a hearing date. The case then follows civil procedures.
  
• In criminal cases, an appearance ticket is issued, and the person charged is asked to appear in court to enter a plea of guilty, not guilty or nolo contendere (no contest). If the plea is not guilty, the case is scheduled for trial at the next court session. If the plea is guilty or nolo contendere, the court decides on appropriate sentencing.
  
• The appeal process requires that a notice of appeal be filed within 30 days after a court decision is entered by the clerk. The appeals judge has full discretion to decide whether oral arguments are needed. Otherwise, the judge can make a decision based on upon the briefs filed and other information in the case file.
  
• The Nation's laws are available for review by the public at the Nation Court. A set of the Nation's laws also can be purchased from the Nation Court for a copying fee.