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San Ildefonso Pueblo Code

Received: 1996

TITLE II - PUEBLO OF SAN ILDEFONSO


CHAPTER 2 - JUDICIAL POWER

Sec. 2.1 - Scope and Extent.

(1) The Judicial Power of the people of the Pueblo of San Ildefonso shall be vested in the Tribal Judiciary of the Pueblo of San Ildefonso and shall extend to all cases and controversies in law and equity arising under the duly enacted laws of the Council of the Pueblo of San Ildefonso under the provisions as set forth by the San Ildefonso Pueblo Tribal Council and on the traditions and customs of San Ildefonso Pueblo.


Sec. 2.2
- Jurisdiction.

The Pueblo of San Ildefonso shall have original jurisdiction over:

(1) All Crimes enumerated in this Code and committed within the territorial jurisdiction of the Pueblo by Indians.

(2) All Civil Actions arising under this Code, or tribal laws, in which the defendant is found within the territorial limits of the Pueblo and is served with process or who is found outside of the territorial limits of the Pueblo and who is validly served with process as provided in this Code.

(3) All persons who reside within or conduct business within or territorial limits of the Pueblo for whatever purposes.

(4) All territory, including but not limited to lands, waters, roadways, trails or right-of-way within the Pueblo of San Ildefonso, as established by patent issued under the Act of December 22, 1958 (11 Stat. 374) as amended, and all territory made a part of the territory of San Ildefonso by any other Acts of Congress, Executive Orders or Federal Court decisions adding lands to the territory of the Pueblo of San Ildefonso now or in the future and also extraterritorial jurisdiction for the purpose of protecting the rights of the Pueblo of San Ildefonso and its members guaranteed by the Treaty of Guadalupe Hidalgo.

(5) The jurisdiction invoked by this Code over any person, cause of action or subject matter shall be concurrent with any valid jurisdiction over the same by the Courts of the United States; provided, however, this Code does not recognize, grant or cede jurisdiction to any other political or governmental entity in which jurisdiction does not otherwise exist in law.


Sec. 2.3
- The San Ildefonso Court of Appeals.

The San Ildefonso Court of Appeals is hereby established and granted jurisdiction to handle all appeals from the San Ildefonso Tribal Court as provided in this Code.

(1) The Court of Appeals shall consist of the members of the Tribal Council of the San Ildefonso Pueblo.


Sec. 2.4
- Definition of an Indian.

(1) For purposes of this Code, an Indian shall be defined as the following:

A. An enrolled member of the Pueblo of San Ildefonso.

B. An enrolled member of any federally recognized tribe in this United States and its territories; and

C. Any resident of the Pueblo who is considered an Indian by the traditions, customs, culture and mores of the Pueblo of San Ildefonso.

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CHAPTER 3 - JUDGES OF THE PUEBLO OF SAN ILDEFONSO JUDICIARY

Sec. 3.1 - Selection, Removal, Disqualification, Duties.

(1) The Pueblo of San Ildefonso Tribal Court shall consist of one Chief Judge and one Associate Judge, as the San Ildefonso Pueblo Council any appoint by a majority vote. The Associate Judge or the Chief Judge may be designated as Judge of the Children's Court by the Chief Judge.

(2) Tribal Judges of the Pueblo of San Ildefonso Judiciary shall be compensated at a rate determined by the Governor and/or the Council.

(3) Tribal Judges of the Pueblo of San Ildefonso Judiciary shall be appointed for an indefinite term and shall continue in office unless removed or declared by the Council incapable of serving by absence, illness or other incapacity, and in accordance with the traditional practices and customs of the San Ildefonso Tribe.

(4) Tribal Judges of the Pueblo of San Ildefonso Judiciary shall meet the following requirements:

A. Must be in good standing within the community of the Pueblo of San Ildefonso.

B. Never convicted of a felony.

C. Must be at least twenty-five (25) years of age.

D. Should but not required to have knowledge of the language, customs, traditions and laws of the Pueblo of San Ildefonso.

(5) The Chief Judge, with the consent of the parties in any action pending before the Pueblo of San Ildefonso Tribal Court, any appoint a Judge Pro Tempore to hear and adjudge a particular case notwithstanding the requirements set forth in (4) above.

(6) The Governor and/or Council shall establish educational and in service training requirements for San Ildefonso Pueblo Tribal Judges and set up programs therefore, or require Tribal Judges to attend other available training sessions. Refusal of a Tribal Judge to participate in these required educational and in-service training programs may warrant suspension or removal.

(7) The Pueblo of San Ildefonso Court of Appeals shall consist of members of the San Ildefonso Pueblo Council who have not participated in or been a party to the case being appealed.


Sec. 3.2
- Removal of Judges of the Pueblo of San Ildefonso Judiciary.

(1) Tribal Judges of the Pueblo of San Ildefonso Judiciary may be removed upon the grounds of gross misconduct involving moral turpitude or neglect of duty by the following procedures:

A. Notice of charges served personally on the tribal judge;

B. A public hearing before the Council ten (10) days after service of notice.

C. An opportunity for the Tribal Judge to appear at the hearing and to answer all charges and to present evidence in defense.

D. A vote for removal by an affirmative majority vote of the full Council.


Sec. 3.3
- Disqualification of judges of the Pueblo of San Ildefonso Judiciary.

(1) A Tribal Judge shall recuse himself from acting in any judicial proceedings in which he has any direct interest or when any party in the proceeding is a relative by marriage or blood in the first or second degree.

(2) Disqualification of a Tribal Judge may be petitioned by any party to a proceeding by filing a request with the Tribal Judge giving the reasons for disqualification. The Tribal Judge shall rule upon the disqualification or refer the petition to the San Ildefonso Governor and/or Council for a decision.


Sec. 3.4
- Duties and Powers of Judges of the Pueblo of San Ildefonso Judiciary.

(1) The Chief Judge, Associate Judge or Judge of the Children's Court shall hear and determine all matters which are duly and regularly filed in the San Ildefonso Tribal Court.

(2) The Tribal Judges of the Pueblo of San Ildefonso Judiciary shall have the power:

A. To issue any order or writ necessary and proper to the complete exercise of their powers;

B. To issue subpoenas to compel attendance of witnesses on their own motion or on the motion of any party in the proceeding before him and may punish for failure to comply with such subpoena;

C. To administer oaths to persons in proceedings before him and where necessary to carry out judicial duties;

D. To sentence, administer fines, hold in contempt, defer sentence or prosecution; and

E. To retain jurisdiction over the subject matter for a period of two (2) years.

(3) The Chief Judge shall be responsible for the administration of the Courts, shall assign cases, manage the Court's calendar and business. The Chief Judge may designate an Associate Judge to act as Chief Judge in his absence.

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CHAPTER 4 - COURT CLERK

Sec. 4.1 - Selection, Qualification and Duties.

(1) The Court Clerk shall be appointed by the Chief Judge, with the concurrence of the Governor, as provided in the San Ildefonso Pueblo personnel policies and procedures.

(2) The Court Clerk shall meet the following qualifications:

A. Is Twenty-One (21) years of age or older and of good moral character;

B. Has never been convicted of a felony;

C. Has demonstrated competence in the skills essential to the preparation and maintenance of court records, and;

D. Has completed twelve (12) years of education or equivalent experience.

(3) The duties of the Court Clerk are:

A. To supervise and keep all records, files, dockets, or other records required by this Code;

B. To keep a record of all proceedings of the court;

C. To administer oaths;

D. To collect and account for all fines, bail or bond money, fees or other funds which come to the Court, to deposit and account for all such monies in the manner prescribed by the Council;

E. To assist the Court, Court Officials, and residents of the reservation in the filing of complaints, subpoenas, warrants, and any other documents necessary to the functions of the Courts; and

F. To perform all other functions which may be required by this Code or as may be directed by the Chief Judge.

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CHAPTER 5 - LAW ENFORCEMENT OFFICERS, PROBATION AND PAROLE OFFICERS, JUVENILE OFFICERS, GAME WARDEN, LIVESTOCK AND RANGE INSPECTORS, AND OTHER OFFICERS OF THE COURT.

Sec. 5.1 - Selection, Duties and Authority.

(1) The Governor, with the approval of the Council, shall appoint Law Enforcement Officers, Probation and Parole Officers, Juvenile Officer, Game Wardens and Livestock and Range Inspectors, traditional and other officers.

(2) The Council shall approve the qualifications, terms of employment, and compensation of such officers.

(3) The Council shall approve the duties of such officers including their authority to make arrests for violations of this Code or any others issued thereunder, and to carry out official orders of the Court.

(4) With the approval of the Council, Law Enforcement Officers, Probation and Parole Officers, Juvenile Officers, Game Wardens, Livestock and Range Inspectors, and other officers of the Court may accept deputy commissions from city, county, state and Federal agencies.

(5) The Council may issue commissions with power of arrest for violations of this Code to city, county, state and Federal officers, and may deputize Law Enforcement Officers of the State, County; Municipality, and including Livestock and Range Inspectors and other individuals as traditions and customs and the law of the Pueblo of San Ildefonso dictate.


Sec. 5.2
- Bonding of Pueblo of San Ildefonso Judiciary and Court Personnel.

(1) All Judges, Clerk, and other Court personnel shall be bonded at the expense of the Pueblo of San Ildefonso, in amounts determined by the Council.

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CHAPTER 6 - RECORDS OF THE PUEBLO OF SAN ILDEFONSO JUDICIARY

Sec. 6.1 - Scope, Copies, Ordinances, Etc.

(1) The Court Clerk shall keep the Court Docket which shall consist of:

A. Names of each plaintiff and defendant in any civil or criminal proceeding;

B. Character and number of the proceeding;

C. Date of issuance of return date of any process issued therein;

D. Appearance or default of parties summoned;

E. Date and amount of any judgment or any other decision in the proceeding;

F. Any appeal therefrom;

G. Final disposition; and

H. Any other information as may be provided in this Code or directed by the Chief Judge.


Sec. 6.2
- Copies of Proceedings.

Any party involved in the proceedings may obtain a certified copy of the Court proceedings from the Clerk upon payment of the fee contained on the schedule established by the Chief Judge, unless expressly prohibited by this Code.


Sec. 6.3
- Pueblo of San Ildefonso Laws, Ordinances, Etc.

The Pueblo of San Ildefonso Judiciary shall be provided with copies of this Code, any amendments thereto, including ordinances adopted by the Council, and copies of other Federal and State Laws and regulations deemed by the Judiciary necessary, proper and applicable to the rights and conduct of persons subject to the jurisdiction of the Pueblo of San Ildefonso Judiciary and its judicial power and responsibilities.

*Digitizer's Note: The remainder sections of Chapter 6 are found in Title III.

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