Community Court – Deferred and Alternative Adjudication

SNC Title 5, Sections 5-3-301 through 5-3-306

Tribe: The Seminole Nation of Oklahoma

Section 5-3-301 Creation And Purpose: There is hereby created the Seminole Nation Community Court, which shall serve as a unit under the Seminole Nation District Court. The purpose of the Seminole Nation Community Court is to serve as a forum for deferred and alternative adjudication for criminal and civil violations of the Seminole Nation Code of Laws. Section 5-3-306 Deferred And Alternative Adjudication: (1) A case may be referred to the Community Court regardless of whether the defendant enters a plea of not guilty, no contest or guilty. (2) Successful completion of all requirements imposed by the Community Court shall result in a dismissal of the charge against a defendant regardless of the defendant plea and shall not be considered to be a conviction even if the defendant entered a plea of not guilty or no contest. (3) Failure to comply with any assessment, counseling, treatment or other requirement imposed by the Community Court may result in the transfer of the defendant case to the District Court, provided that reasonable efforts have been made and services have been offered to a defendant. (4) Failure of a defendant to substantially comply within six (6) months following transfer of a case to the Community Court shall be deemed failure to comply unless good cause is shown to the contrary.

Read Full Text of SNC Title 5, Sections 5-3-301 through 5-3-306