San Ildefonso Pueblo Code
Received: 1996
TITLE I - GENERAL PROVISIONS
Sec. 1.1
This Civil and Criminal Code shall become effective when adopted by Resolution of the San Ildefonso Pueblo Council pursuant to the power invested in the Pueblo of San Ildefonso as a sovereign, the authority of the Pueblo of San Ildefonso under the laws of the United States of America and applicable treaties, and the will of the people of San Ildefonso, and shall apply to all persons who, through their residence, presence, business dealings, acts or omissions, have significant contacts with the Pueblo of San Ildefonso or its residents or incur civil obligations to persons or entities entitled to the protection of the judicial system at the Pueblo of San Ildefonso, and to all persons who commit criminal offenses against the Pueblo or against its members, residents of other persons within the jurisdiction and on the lands of the Pueblo of San Ildefonso, under the traditions, customs and laws of the Pueblo of San Ildefonso and the laws of the United States of America.
The power to preserve internal order within the exterior boundaries of the Pueblo of San Ildefonso by punishing when necessary those under its jurisdiction who violate Pueblo civil or criminal law is absolutely essential to the existing sovereignty of the Pueblo of San Ildefonso. Further, the Pueblo of San Ildefonso has neither waived or surrendered its civil jurisdiction over non-Indians within the jurisdiction and/or on the lands of the Pueblo of San Ildefonso and no treaty or federal law has withdrawn the civil jurisdiction of the Pueblo of San Ildefonso over non-Indians found on the lands of the Pueblo of San Ildefonso.
Sec. 1.2 - Repeal of Prior Inconsistent Ordinances.
Any and all ordinances or portions thereof heretofore enacted by the San Ildefonso Pueblo Council which is any way in conflict with the provisions of this Civil and Criminal Code are hereby repealed.
Sec. 1.3 - Interpretation of this Code.
This Code shall be interpreted pursuant to the traditions and customs of the San Ildefonso Tribe. Where any doubt arises as to these traditions and customs, the Court may request the advise of elders as counselors whom are familiar with these traditions and customs. If none such exists, then the Court may use applicable federal and state case law and statutory law, adopting those principles and procedures not in conflict with the laws, customs and traditions of the Pueblo of San Ildefonso.