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 S an 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, re sidents 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non-Indians within the jurisdiction and/or on the lands of the Pueblo of San Ildefonso and no treaty or federal law has withdrawn the civil jurisdiction of the Pueblo of San Ildefonso over non-Indians found on the lands of the Pueblo of San Ildefonso.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Ildefonso Pueblo Council which is any way in conflict with the provisions of this Civil and Criminal Code are hereby repealed.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.
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 protec ting 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 ju risdiction 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.
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 Triba l 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.
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.
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 Feder al 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 a nd 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.
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.
Sec. 6.4 - Court Sessions.
Regular sessions of the court shall be held as established by order of the Court at the Pueblo of San Ildefonso Court in San Ildefonso, New Mexico or as designated by the Courts.
Sec. 6.5 - Official Station.
The Pueblo of San Ildefonso Court at San Ildefonso, New Mexico is designated as the place where current records of the Court shall be kept and the official station of the Court Clerk shall be designated by the Council.
Sec. 6.6 - Location of Filing.
All pleadings, motions, and other papers shall be filed with the Pueblo of San Ildefonso Court at San Ildefonso, New Mexico, or any other place which will be designated by the Council.
Sec. 6.7 - Copies of Documents.
Records or documents in the files of the Courts shall not be taken from the office or custody of the Court Clerk, except upon the consent of the Clerk. Only parties litigant or counsel for parties will be allowed the right to remove documents and only fo r good cause shown and after giving proper receipts to the Clerk.
Sec. 6.8 - Notice to Parties.
All cases at issue shall be set for trial on their merits at the time and place to be designated by toe Court and written notice of not less than five (5) days shall be given counsel and/or to the parties.
Sec. 6.9 - Extension of Time.
The Court may grant an extension of time to answer or otherwise plead to a complaint or amended complaint, if a written request is timely filed.
Sec. 6.10 - Court Decorum.
The following rules shall govern Court decorum not allowing any interference or disturbance with the proceedings before the Court:
(1)A Law Enforcement or other Pueblo Officer may be appointed Court Bailiff by the Judge and the Bailiff will open each session of the Court and be present to keep order in the courtroom at all times and to carry out orders of the presiding Judge to remov e persons violating these rules.
(2)The public will be permitted to the courtroom during trial sessions except that presence of spectators in the courtroom may be prohibited by the Judge during taking of certain testimony of a highly sensitive nature.
(3)All men in the courtroom shall remove their hats. All persons shall be dressed in a clean, neat manner, and no persons shall smoke or chew gum in the courtroom.
(4)Loud or unusual noises, the use of profane language or disturbance of any kind will not be tolerated in the courtroom.
(5)No one shall be allowed in the courtroom who appears to be under the influence of intoxicating liquor or drugs.
(6)Respect and courtesy shall be shown to the Judge, parties, and court officers at all times.
(7)A flag of the United States and the Pueblo of San Ildefonso shall be displayed in the courtroom at all times.
(8)No sketches, photographs shall be taken during proceedings of the court.
Sec. 6.11 - Exhibits.
All separate documents, Photographs, papers, written or printed instruments of any nature shall be given separate exhibit numbers with exhibits for the plaintiff numbered numerically and exhibits for the defendant marked alphabetically after being admitte d into evidence. In civil cases, all exhibits in the custody of the Clerk, after judgment becomes final or after final disposition of the action, shall be delivered or mailed by the Clerk to the parties offering the same or to their counsel. Any exhibit s refused by a party or counsel any be destroyed or otherwise disposed of by the Clerk upon order of the Judge.
Sec. 6.12 - Rules of Evidence.
Except as otherwise expressly provided under this Code, the Tiles of Evidence shall follow the Federal Rules of Evidence as guidelines in the criminal or civil proceedings of this Court.
Sec. 6.13 - Jury Trial.
When a demand for trial by jury is contained within a pleading instead of being separately filed, the demand shall be brought to the attention of the Clerk by the pleader, either orally or in writing, at the time of the filing of the pleading, which shall be made within the prescribed time limit, and the Clerk shall call this demand to the attention of the Tribal Judge.
Sec. 6.14 - Rules Governing Jury Trial.
(1)In any criminal case where there is a probable jail sentence upon conviction, a trial jury may be requested by the defendant at the preliminary hearing or arraignment or by written application to the Court within three (3) days thereafter.
(2)Either party litigant in a civil case involving a claim in excess of $500.00 may request a jury trial except in domestic relation cases, cases involving adoptions, probates, minors, incompetence, injunctions, contempt, and cases in the Court of Appeals .
(3)A jury shall consist of six (6) persons seated by the Chief Judge, from a list of twenty (20) resident members of the Pueblo of San Ildefonso sworn in prior to questioning, with the agreement of counsel.
(4)When the jury has been seated, the jurors' oath shall be administered by the Tribal Judge.
(5)Verdict of the jury may be rendered by a majority vote of four (4) jurors in a civil case, and five (5) jurors in a criminal case. If the plaintiff in a civil case or prosecution in a criminal case shall fail to win the required number of juror votes, judgment shall be entered for the defendant and case dismissed.
(6)Each juror shall be entitled to a fee for each day of jury service plus mileage for travel to and from Court payable by the Pueblo of San Ildefonso pursuant to a schedule established by the Court and approved by the Council.
Sec. 6.15 - Jury Duties.
The Court may order the jury to view the premises where the offense or other material facts occurred. The Court may order the discharge of a juror who becomes sick or is otherwise unable to perform his duty and substitute an alternate juror. In the abse nce of an alternate and the failure of the parties to stipulate to continue the trial with five (5) or less jurors, the jury shall be discharged and a new jury shall be formed to hear the case.
Sec. 6.16 - Lay Counsel.
Lay Counsel may practice in the Courts of the Pueblo of San Ildefonso.
(1)Each litigant in a civil case and every defendant in a criminal proceeding shall have the right to have lay counsel or spokesmen of their choice represent them at their own expense at a rate not to exceed the rate approved by order of the Chief Judge.
(2)If a defendant in a criminal proceeding has no such representation and cannot afford to obtain representation, then where conviction could result in confinement in a jail, the Tribal Judge may appoint lay counsel to represent the defendant at no expens e to the defendant.
(3)Admission of Lay Counsel or Spokesmen. All lay counsel or spokesmen who with to be admitted to the practice before the Court of the Pueblo of San Ildefonso any be admitted to practice upon approval of application in writing by order of the Chief Judge , as follows:
A.Any person who is an enrolled member of the Pueblo of San Ildefonso, twenty-one (21) years of age or older, is of good moral character, and demonstrates to the Court a thorough knowledge of this Code, the Rules of the Tribal Judiciary and knowledge of t he culture, traditions, and laws of the San Ildefonso people, is eligible to apply for admission to general practice as lay counsel or lay advocate or spokesman.
B.Any person who is admitted as lay counsel or spokesman to practice before the Court of the San Ildefonso Pueblo shall, at the discretion of the Chief Judge, furnish bond satisfactory to the Court.
C.No lay counsel or spokesman admitted to practice may act as security for costs or as surety on any appeal or other bond in any case pending in which he is interested.
D.No lay counsel or spokesman in a case may testify as a witness of the trial thereof, except upon permission of the court.
E.Lay counsel or spokesman may be disbarred by the Chief Judge for cause upon notice and a hearing and a finding of violation by the Chief Judge.
Sec. 6.20 - Death or Disability of the Judge.
In the case of death, illness or incapacity of the Judge during the course of a trial, the Chief Judge shall order a new trial and designate another Judge who shall have the same power, authority and jurisdiction as the original Judge.
Sec. 6.21 - Contempt of Court.
Any person may be charged in contempt of court for any of the following reasons:
(1)Disorderly, contemptuous, or insolent behavior, committed in immediate view and presence of the Court and directly tending to interrupt its proceedings or to impair the respect due to its authority.
(2)Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the Court.
(3)Willful disobedience of any process or order lawfully issued by the Court.
(4)Resistance willfully offered by any person to the lawful order or the process of the Court.
(5)The unlawful refusal of any person to be sworn or affirmed or refusal to answer any material questions except where refusal is based on grounds specified in the Indian Civil Rights Act of April 11, 1968 (82 Stat. 77), (25 U.S.C. 1301).
(6)The publication of a false or grossly inaccurate report of the proceedings of the Court.
(7)Any person who shall request a jury trial and fails to appear on date jury trial is scheduled.
(8)The Court may sentence a person found to be in contempt of court to confinement at labor for a period of not more than six (6) months or to pay a fine of not more than $500.00 or both, with costs, and may also issue such orders as are necessary to enab le the person to purge himself of the contempt. ,There is no right to a jury in a civil contempt hearing.
Sec. 6.22 - Default on Fine.
When a defendant defaults in the payment of a fine or any installment thereof, the Court, on its own motion, shall order the defendant to show cause why he is not in contempt and may issue a summons or an arrest warrant for the defendant's appearance. If good faith is shown or the defendant is indigent, the Court may allow additional time for payment or revoke all or part of the unpaid fine or require labor on behalf of the Pueblo of San Ildefonso or upon refusal of the defendant to cooperate, the Court may order imprisonment until the defendant agrees to cooperate. The Court also may order the seizure and sale of any personal property of the defendant found within the exterior boundaries of the Pueblo of San Ildefonso to satisfy the fine assessed pursua nt to this Code.
Sec. 6.23 - Disposition of Fines, Fees, and Other Payments Made to the Court.
Any funds paid to the Court of the Pueblo of San Ildefonso, other than funds collected for other persons, as a result of the provisions of this Code or other lawful orders of the Court, shall be paid to the Clerk of the Court who shall issue a receipt the refore and shall deposit those funds due the Pueblo of San Ildefonso to the Tribal Treasurer. The funds shall be recorded upon the accounts of the Pueblo and shall be available for expenditure upon appropriation by the Council for such purposes as the Co uncil may direct.
Sec. 6.24 - Disposition of Equipment and Property Confiscated by the Court.
Any property, including equipment, which may have been confiscated by lawful order of the Court in a criminal proceeding, after disposition of the case and an order as to the property, under the provisions of this Code shall be sold at public auction afte r five (5) days notice to the owner and the proceeds thereof deposited by the Clerk of the Court into the general Pueblo Treasury. The funds shall be recorded upon the accounts of the Pueblo and shall be available for expenditure by appropriation of Coun cil for such purposes the Council may direct.
Sec. 6.25 - New Trial.
The grounds for a new trial in a criminal proceeding as set by the Courts of the Pueblo of San Ildefonso are as follows:
(1)Receipt by the jury of evidence not authorized by the Court.
(2)Determination by the jury of a verdict by lot, through intimidation or without a fair expression of opinion.
(3)When the Court has failed to instruct the jury correctly as to the law or has improperly admitted prejudicial material as evidence or has made other errors at law prejudicial to the defendant.
(4) When for other prejudicial cause the defendant has not received a fair and impartial trial.
(5)New evidence discovered and not available at time of original trial.
(6)On such other grounds that will provide due and proper justice as determined by the Judge.
Sec. 6.26 - Appeals.
Appeals may be granted by the Tribal Council from a final order of the Tribal Court under the following procedures:
(1)Any party aggrieved by a final judgment or order of the Tribal Court in any case shall be entitled to appeal to the Tribal Council, provided that a notice of appeal is filed with the Secretary of the Council within ten (10) days after Judgment is enter ed.
(2)The appeal, if granted, shall be heard by the Tribal Council and the judgment of the Tribal Council shall be final.
(3)If an appeal is taken, the case shall be tried as a new trial.
(4)While a case is on appeal, no action shall be taken on the judgment of the Tribal Court until the appeal has been decided.
(5)Any party filing an appeal shall pay a filing fee in an amount established not to exceed fifty (50.00) dollars on the fee schedule of the Court.
Sec. 6.27 - Terms of Probation.
The Court, as a condition of any other granting probation to a defendant, may require the defendant:
(1)To meet family responsibilities.
(2)To undertake specific employment or occupation.
(3)To undergo available medical or psychiatric treatment and to attend rehabilitation programs and to enter and remain in a specified institution when required.
(4)To pursue a prescribed course of study or vocational training, including attendance at a Driver Training School.
(5)To attend or reside in a facility established for the instruction, recreation, and residence of person on probation.
(6)To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons.
(7)To possess no firearm or other dangerous weapon unless granted written permission from the Court.
(8)To make restitution or reparation for the loss or damage of any unlawfulacts of commission or omission as may be directed by the Court.
(9)To remain within the jurisdiction of the Court and not to leave that jurisdiction without permission of the Court and to notify the Court or an officer thereof of any change in address or employment.
(10)To report as directed to the Court to a probation officer or other person designated by the Court.
(11)To post a bond, with or without surety, conditioned on the performance of any of these conditions.
(12)To satisfy any other conditions imposed by the Court reasonably related to the rehabilitation of the defendant.
Sec. 6.28 - Dismissal of Cases on File.
All cases now pending or on the docket of the Court, both civil and criminal, upon which no action has been taken for a period of three (3) years after filing shall be and are dismissed, with the approval of this Code, with prejudice, except that any part y to a civil case within six (6) months after final approval of this Code may move to have the case renewed or reinstated.
Sec. 6.29 - Cooperation by Federal and State Employees.
Employees of the Bureau of Indian Affairs and the State of New Mexico, particularly but not limited to those who are engaged in law and order, social services, health and educational work, may be requested by the Court to assist the Court in carrying out its duties but no such employee shall obstruct, interfere with or, in any manner attempt to influence the functions of the Court.
Sec. 6.30 - Amendment of the Rules of the Courts of the Pueblo of San Ildefonso.
(1)These rules may be amended by the pueblo of San Ildefonso Judiciary with the consent of the Governor and final approval of the majority of the Council.
(2)Any amendments to these rules of the Court shall be posted at the San Ildefonso Tribal Office and published in any local circular as notice to the public.
CHAPTER 7 - PRE-TRIAL CONFERENCE
Sec. 7.1 Pre-Trial Conference.
The procedure established in this Section are intended to establish a means whereby both civil and criminal disputes can be settled in the traditional and customary manner by discussion between the parties before a trusted, impartial tribal authority prio r to resorting to formal trial procedures and are incorporated as a part of the Code. The procedures require that formal Court authority be invoked by the filing of a complaint, but anticipate that a great percentage of cases can be settled by traditiona l and customary means, administered thereafter by the Tribal Court. The procedures set forth herein shall not be interpreted or applied to deny any person any right otherwise guaranteed by San Ildefonso Pueblo or Federal law, including the Indian Civil R ights Act.
Sec. 7.2 - Applicability.
The procedures established in this Section shall apply in all cases, both civil and criminal, if, at the appropriate times referred to herein, there are two (2) or more judges of the Tribal Court holding office on either a temporary or permanent appointme nt and one is available to participate as provided herein.
Sec. 7.3 - Civil Case.
A pre-trial conference as provided herein may be held in all civil cases once the case is at issue.
Sec. 7.4 - Criminal Cases.
A pre-trial conference as provided herein shall be held in all criminal cases in which the defendant agrees to participate, testify or otherwise cooperate, once the case is at issue by virtue of the defendant entering a plea of not guilty and request for jury to a complaint.
Sec. 7.5 - Time.
At such other time prior thereto as the Chief Judge shall order, a pre-trial conference shall be held as provided herein.
Sec. 7.6 - Attendance - Civil Cases.
All plaintiffs and all defendants shall be required to attend the pre-trial conference in a civil case. The parties may, upon obtaining the advance consent of the Tribal Judge assigned to conduct the pre-trial conference, bring with them such other perso ns, including their attorney, advocate or lay counselor, as will tend to further the resolution of the issues of the case.
Sec. 7.7 - Attendance - Criminal Cases.
The defendant, complaining witness, arresting officer and such other witnesses as either side may desire to summon, shall be required to attend the pre-trial conference in a criminal case. Upon obtaining the advance consent of the Tribal Judge assigned to conduct the pre-trial conference, either side may summon other persons, including the prosecuting or defense attorneys, advocates or lay counselors, as will tend to further the resolution of the issues of the case and the proper disposition of the defend ant, should guilt be admitted. Such other persons may, but need not include the defendant's spouse, other family members, and any social workers, probation officers or similar persons having professional training.
Sec. 7.8 - Conduct of Pre-Trial Conference.
There shall be no record or transcript made of the proceedings at the pre-trial conference nor shall any statements made therein by any person be used for any purpose should the case ultimately come to trial. If agreement is reached on some or all of the issues presented in the case, such agreement shall be recorded by the Tribal Judge conducting the pretrial conference, or Court Clerk at the Tribal Judge's direction, and may be embodied in a final or interlocutory order or judgment or in a pretrial orde r prepared to govern the conduct of any trial subsequently held.
Sec. 7.9 - Public and Attorneys.
Pre-trial conference as provided herein shall not be open to the public, but professional attorneys, advocates or lay counselors or other parties may be allowed by the Tribal Judge to attend as representatives of the parties or otherwise (unless parties t hemselves).
Sec. 7.10 - Judge's Function.
The Tribal Judge conducting the pre-trial conference shall listen to the positions of the parties and attempt to work out a settlement of all or some of the issues of the case. Such settlement shall not be inconsistent with the laws, ordinances, customs, and traditions of the Tribe.
Sec. 7.11 - Disposition of Cases.
In the event a settlement of the case is worked out, the Tribal Judge conducting the pretrial conference shall cause a record to be made of such settlement by means of an order or judgment entered in the record of the case. In the event that some of the issues are not agreed to, the Tribal Judge shall cause a pre-trial order to be prepared stating what issues have been settled and what issues remain to be tried and such pre-trial order shall supersede the pleadings for purposes of framing the issues for trial.
The pre-trial order may also contain agreements, stipulations, or orders by the Court as to the production of witnesses and evidence and the conduct of discovery before trial. If trial appears necessary, the Court Clerk shall, at the time of the pre-tria l conference, obtain the names of all persons to be subpoenaed as witnesses and prepare and arrange for service of the necessary subpoenas.
Sec. 7.12 - Voluntary Agreements.
No settlement of the issue in a civil case should be made at the pretrial conference except with a voluntary agreement of all parties involved and a determination of the issue, as taken and affirmed by the Judge conducting the pre-trial conference. No se ttlement of any criminal charge in a criminal case shall be made at the pre-trial conference except with the voluntary agreement of the defendant, as taken and affirmed by the Judge conducting the pre-trial conference. The defendants in criminal cases sh all be afforded the opportunity to consult with counsel of their choosing (at their own expenses) if they so desire, prior to agreeing to any judgment or order settling the case or any issue thereof or agreeing to a pre-trial order.
Sec. 7.13 - Criminal Defendants.
A defendant in a criminal pre-trial conference shall not be required to testify, cooperate or otherwise participate in the pre-trial conference. The Judge conducting the pre-trial conference in a criminal case shall explain these matters to the defendant at the beginning of the conference and shall, if a settlement involving an admission of guilt is reached, determine the voluntariness of the agreement and determine that the defendant understands the rights being given up to the same extent as would be d etermined by the Court if a guilty plea had been offered originally.
Sec. 7.14 Unsettled Cases.
All cases not settled either in whole or in part at the pre- trial conference shall be scheduled for trial and a trial held before a Judge, other than the Judge conducting the pre-trial conference, as if no such pre-trial conference had been held, except that any pre-trial order agreed to by the parties prior to the trial shall be controlling at the trial.
Sec. 8.1Rules to Govern.
These rules govern the procedures in all criminal cases in the Courts of the Pueblo of San Ildefonso. These rules are intended to provide for fair trial and the just determination of every criminal proceeding before the Courts. These rules shall be cons trued to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and salary.
Sec. 8.2 - Complaint.
Any criminal complaint filed in the Court to be valid shall state the following facts:
(1)The name of the complaining witness, the name of the defendant and the statement whether the defendant is an Indian within the exterior boundaries of the Pueblo of San Ildefonso or on the other lands under the jurisdiction of the Pueblo of San Ildefons o.
(2)A short statement of the acts constituting the offense in ordinary language, including the alleged acts and the time and place of the acts, making reference to the section of the Criminal Offenses. If the acts constitute more than one offense, such of fense should be stated separately. Crimes may be charged using the language of this Code.
(3)The name of the Judge before whom the complaint was filed and the date of filing. A complaint shall be signed by the complaining witness and the Judge.
(4)Prior to the signing of any criminal complaint by the Judge involving a family dispute, the Judge may counsel with the parties, or refer them to someone designated by him as Peacemaker in an effort to resolve the dispute between the parties, according to the tradition and custom of the Pueblo of San Ildefonso, or the Judge may divert the offending party to an appropriate treatment or rehabilitation center if the facts warrant.
Sec. 8.3 - Warrant to Apprehend.
An arrest warrant shall be issued by the Judge.
(1)After a complaint has been filed from which it appears that there is probable cause to believe that an offense in violation of this Code has been committed and is considered serious and that the defendant has committed it.
(2)The warrant shall contain:
A.The name of the person to be arrested or if his name is unknown, any description by which he can be identified with reasonable certainty;
B.The offense or offenses charged in the complaint;
C.The date of issuance and signature of the Judge.
(3)No warrant shall be issued more than three (3) years after the commitment of any alleged offense.
(4)In lieu of an arrest warrant, the Judge may issue a summons or citation naming the defendant and offense charged and ordering the person to appear before him at a specified time and place to enter a plea to the charge.
Sec. 8.4 - Execution of Warrant of Summons
The warrant, summons, or citation still be executed or served by a Law Enforcement Officer within the jurisdiction of the Pueblo of San Ildefonso or in "hot pursuit" of the person or persons. Upon execution of the warrant, summons, or citation or the fail ure to find the defendant, the Law Enforcement Officer shall endorse the warrant, summons, or citation and return it to the Clerk of the Court. Any unexecuted warrant, summons or citation may be canceled at any time by the Judge who issued it.
Sec. 8.5 - Law Enforcement Officer.
Law Enforcement Officers shall include any police officer, probation and parole officer, juvenile officer, game warden or livestock or range inspector, or other officer commissioned by the Governor of the Pueblo of San Ildefonso or by the Federal Governme nt to make arrests.
Sec. 8.6 Arrests.
No Law Enforcement Officer, or other officer commissioned to make arrests, shall arrest any person for any offense defined by this Code unless:
(1)The offense was committed in the presence of the Officer, or
(2)The Officer had probable cause in believe that the person has committed such an offense, or
(3)A warrant has been issued for the arrest of the person.
Sec. 8.7 - Warnings.
When any person is arrested, he shall:
(1)Be informed of the right to remain silent and that any statement made by him may be used against him;
(2)Be informed of the complaint against him;
(3)Be informed of his right to retain lay counsel or professional attorney at his own expense;
(4)If arrested pursuant to a warrant, receive a copy of the warrant and complaint at the time of arrest or as soon thereafter as possible.
Sec. 8.8 - Bail.
Every person charged with an offense before the Court may be admitted to bail, after photographing and fingerprinting, before conviction (or after conviction if an appeal is pending) as provided under these conditions.
(1)Acceptance by the Tribal Court of a cash surety bond or undertaking as will in the opinion of the Judge ensure the appearance of the defendant on the date set for trial, giving consideration to the nature and circumstances of the offenses and the chara cter, reputation, and previous criminal record of the defendant and his residence.
(2)The amount of the bail shall not exceed twice the minimum fine for each offense charged, but in no event shall the bail be set for more than $500.00.
(3)The defendant also may be released by the Judge on or before the arraignment before the Court upon the defendant's own recognizance.
Sec. 8.9 - Forfeiture.
Upon good cause shown, the Court may increase or decrease the bail originally set (but not over $500.00). If the defendant fails to appear before the Court as lawfully required, the Court may direct on entry of such failure to be made in the record, order the forfeiture of the bond or cash deposit and issue a warrant for the arrest of the defendant.
Sec. 8.10 - Return of Surety.
Any cash or other property given as security by the surety or defendant shall be returned by the Court upon the entry of a not guilty verdict or the issuance of a commitment order unless the case is appealed in which cash bail or surety may be extended.
Sec. 8.11 - Detention.
No person shall be detained, jailed or imprisoned under this Code for a period longer than seventy-two (72) hours (exclusive of Saturdays and Sundays and holidays) without a preliminary (arraignment) hearing before the Tribal Court and shall be released f rom custody after seventy-two (72) hours if no hearing is held and no temporary commitment order is issued. During the period of detention, the person may be taken under protective custody to a treatment center if, in the opinion of the Officer, this pro cedure is necessary for the well-being of the arrested or detained party. If a longer time than seventy-two (72) hours is needed before being brought before a Judge, the person shall be released on his own recognizance or bail pending time of arraignment .
Sec. 8.12 - Arraignment Procedure.
At the arraignment:
(1) The complaint shall be read to the defendant who shall be properly identified.
(2)The Judge shall explain the offense and the penalties prescribed by this Code to the defendant and shall-determine that the defendant understands the nature of the charge and possible penalties.
(3)The Judge shall advise the defendant of his right to remain silent and that any statement made by the defendant may be used against the defendant and the right at his own expense to the assistance of lay counsel or Professional attorney admitted to pra ctice before the Court of the Pueblo of San Ildefonso and the right to a trial by jury, under the provisions of this Code.
(4)The Judge shall ask the defendant to plead as follows: guilty, not guilty or no contest. A plead of 'no contest' shall be interpreted by the Court for the purpose of sentencing in the same way as admission of guilt. If the defendant refuses or fails to plead, or if the Court does not accept the defendant's plea of guilty, the Court shall direct the entry of a plea of not guilty on behalf of the defendant.
(5)The Judge shall be satisfied that any plea is made at the free will of the defendant.
(6)The Judge may defer any further action in the case and take the case under advisement upon defendant's agreement to enter a treatment or rehabilitation facility.
Sec. 8.13 - Sentencing.
If the Court is convinced that the defendant pleaded guilty of his free will or pleads no contest, the Court shall accept the plea and shall sentence the defendant immediately or within a reasonable period during which time the defendant may be detained b y temporary commitment, released on bill or on own recognizance. Before sentencing, the police report shall be read by the arraignment officer and the Judge shall acknowledge that the police report is sufficient for finding of guilt.
Sec. 8.14 - Trial Date.
If the defendant enters a plea of not guilty, the Court shall set a date for trial which shall be not less than five (5) days nor, unless based on due cause, more than sixty (60) days from the date of arraignment.
Sec. 8.15 - Release.
The defendant may be eligible for release from custody while awaiting trial in accordance with the provisions of this Code.
Sec. 8.16 - Order for Detention.
Unless so released, the Judge may order the detention of the defendant by signing a temporary commitment to that effect.
Sec. 8.17 - Commitments.
There shall be issued for each person held for trial or sentencing a temporary commitment and for each person held after sentence has been passed a final commitment.
Sec. 8.18 - Search and Seizure, Warrant.
Every Judge of the Tribal Court shall have the power to issue warrants for search and seizure of property within the jurisdiction of the Court provided that no warrant shall be issued except:
(1)Upon probable cause that an offense has been committed supported by oath or affirmation signed by the complaining witness naming or describing the person and particularly describing the items or articles to be seized, the place to be searched and the r easons for its issuance.
(2)To an Officer to be served between 7:00 A.M. and 10:00 P.M., unless the Judge for good cause authorizes service at another time and such authorization is noted on the warrant.
Sec. 8.19- Search and Seizure, No Warrant.
No Law Enforcement Officer shall search or seize any property without warrant nor shall any property seized be admitted into evidence unless:
(1)The Officer has reasonable cause to believe that the person in possession of such property is engaged in the commission of an offense.
(2)The search is incidental to a lawful detention of a motor vehicle or lawful arrest or is reasonably related to the offense for which the defendant is taken into custody.
(3)The Officer has probable cause to believe that the person has in possession contraband or fruits of the crime and the time to get a warrant would endanger the Officer's safety or seriously risk the destruction of the evidence.
Sec. 9.1 Right to jury.
Criminal cases shall be tried by the Court unless the defendant demands a jury trial. Any defendant charged with a criminal offense under this Code which could result, by law or custom, in punishment by confinement is entitled to a jury trial on demand. The demand may be made orally at the preliminary hearing or arraignment or by written application to the court three (3) days thereafter.
Sec. 9.2 - Trial.
The trial should proceed in the following manner, before the Court if no jury trial is demanded; if, the defendant is entitled to and has demanded a trial by jury, and after the jury has been impaneled as provided by the rules of the Court and sworn by th e Judge:
(1)The Clerk shall read the complaint and state the defendant's plea.
(2)The Court shall give all of its rulings on motions already filed and accept any pre-trial notions for ruling by the Court. All arguments on motions shall be made outside the hearing of the jury in a trial by jury.
(3)The opening statements shall be made by the Prosecutor or person acting in such capacity followed by the defendant or his lay counsel or professional attorney. The Prosecutor may waive an opening statement and the defendant may waive an opening statem ent or reserve the right to make an opening statement after the prosecution has rested its case.
(4)Evidence shall be presented in support of the charge, and the defendant, lay counsel or professional attorney shall have the right to cross examine any witnesses called by the Prosecutor.
(5)The testimony of witnesses shall be taken orally in open Court, but upon motion of prosecutor or defendant, lay counsel or professional attorney, witnesses nay be sequestered or excluded until called upon to testify. Testimony can also be given as evi dence by properly executed sworn affidavits, dispositions or written interrogatories. Physical evidence shall be introduced and admitted only after a proper foundation has been laid as to its relevancy.
(6)The defendant any make a motion for judgment of not guilty or directed verdict of acquittal at the close of the evidence offered by the prosecution. If the evidence is not sufficient to support a conviction of the offense charged (beyond a reasonable doubt), the Court shall order the entry of judgment of not guilty or a directed verdict of acquittal of the offense charged.
(7)The Court nay also enter judgment of not guilty on its own motion after the evidence on either side is closed, and shall do so if the evidence is not sufficient to support a conviction of the offense charged beyond a reasonable doubt.
(8)After the prosecution has rested its case, the defendant, lay counsel or professional attorney shall have the burden to proceed with the defense and evidence in support thereof, and the prosecution shall have the right to cross-examine any witnesses ca lled by the defendant, lay counsel or professional attorney.
(9)The parties may then offer rebutting testimony only on matters relating to direct testimony, except that the Court may, in the interest of justice, permit the introduction of newly discovered evidence.
(10)The prosecution and the defendant, lay counsel or professional attorney may then present final arguments in the case, the prosecution having the right to open and close.
(11)The Judge shall charge the jury orally or in writing stating the law as applicable to the case. At any time during the trial, the Judge may give the jury such instruction as to the law as he considers necessary. The Judge shall instruct the jury tha t the defendant is presumed to be innocent, that the burden of proof rests on the prosecution, that the evidence must show beyond a reasonable doubt that the defendant has committed the crime charged, that if the defendant did not testify, that his failur e to testify shall not be considered as evidence that he is guilty, and that the verdict of the jury must be a majority vote, meaning that all but one (1) jury member must agree to the verdict.
(12)Objections to the instructions not made before the jury determines its verdict shall be deemed waived. The Federal Rules of Evidence shall be followed as applicable.
Sec. 9.3 - Rights of Defendant.
In all criminal prosecutions, the defendant shall have the following rights:
(1)The right to be present throughout the proceeding and to defend himself in person, by lay counsel or professional attorney at his own expense.
(2)The right to know the nature and cause of the charge and to receive a copy of the complaint.
(3)The right to present witnesses and to meet the witnesses against him face to face and cross-examine them.
(4) The right to compulsory process to obtain the testimony of witnesses and physical evidence in his behalf.
(5)The right to a speedy and public trial and a trial by an impartial jury if conviction could result in punishment by confinement under this Code.
(6) The right not to testify. The failure of the defendant to testify shall not be construed against him or be commented upon by the prosecution.
CHAPTER 10 - POST TRIAL PROCEDURE
Sec. 10.I - Directed Verdict.
At any time after the close of the evidence, the Court may direct a verdict of acquittal. If no directed verdict of acquittal is ordered, the Court shall charge the jury as to the law and the jury shall retire to determine a verdict. The jury must rende r a verdict for conviction by majority vote of five (5) jurors on any charge in the complaint. After the verdict of the jury has been announced by the Judge, he shall discharge the jury. If the trial is without a jury, the finding of guilt or innocence shall be made by the Court.
Sec. 10.2 - Acquittal.
If the Court finds the defendant not guilty or the jury brings in a verdict of not guilty on all counts of the complaint, a judgment of not guilty or acquittal shall be announced by the Court and entered in the official records by the Clerk, along with th e names of the jurors in the case, and the defendant shall be immediately discharged.
Sec. 10.3 - Conviction and Sentencing.
Within a reasonable time or immediately after a plea of guilty, a finding of the guilt by the Court, or a verdict of guilty by the jury, and after such pre-sentencing investigation as the Court may direct, the Court shall sentence the defendant in its dis cretion pursuant to the applicable provisions of this Code, and deliver to the Law Enforcement Officer a signed copy of the final commitment. The judgment of conviction shall state the charge, the plea, the verdict and the sentence. The judgment shall b e signed by the Judge and entered in the official records by the Clerk. The final commitment shall direct that the prisoner be held in custody until the prisoner has satisfied the sentence according to law, or be held in suspension provided the convicted person follows a course of treatment and rehabilitation or other order of the Court.
Sec. 10.4 - Motion for New Trial.
A motion for a new trial to be held in the Tribal Court may be made by the defendant within seven (7) days after judgment. The Court shall grant a motion for a new trial for the cause set forth in the Rules of the Court, if such trial, in the discretion of the Court, is required in the interest of justice.
Sec. 10.5 - Right of Appeal.
Upon imposing sentence in a case which has gone to a trial after a plea of not guilty, the Court shall advise the defendant upon conviction by the Court or jury, if the defendant has not already been so advised, of his right to file an appeal within ten ( 10) days. All appeals shall be made in accordance with the Rules of the Court.
Sec. 10.6 - Probation.
After conviction of an offense by the Court or jury, the Court may suspend, upon such reasonable terms and conditions as it considers necessary, at any time, all or any part of the sentence or remainder of the sentence and release the prisoner on probatio n under the rules of the Court. In granting probation, the Judge shall consider the prior criminal record of the prisoner, his background, character, financial conditions, family obligations, and other conditions as specified in the Rules of the Court.
Sec. 10.7 - Violation of Probation and Parole.
If any person shall violate probation or parole, that person may be required to serve the balance of the original sentence (plus an additional sentence for probation or parole violation), but the Court shall not revoke probation or parole except after a h earing at which the defendant shall be present, advised of the charges on which revocation is proposed, and defend against the charges. The defendant may be admitted to bail pending such hearing.
Sec. 11.1 Discretion of Court.
Any final commitment of the Court may include:
(1)Serving of sentence on weekends or in any other appropriate manner.
(2)Labor for public purposes of the Pueblo while in confinement or in lieu thereof.
(3)Confiscation of any material substance or equipment used in wrongful and illegal acts and making appropriate disposition thereof pursuant to this Code.
Sec. 11.2 - Credit.
The convicted person shall receive full credit toward his sentence for any time spent in confinement prior to final commitment in connection with the same offense, and further, shall be given one (1) additional day credit each week for good time served.
Sec. 11.3 - Confinement in Lieu of Fine.
No convicted person shall be confined solely because of inability to pay a fine, however, sentence may be imposed upon any convicted person who is able but refuses to pay a fine.
Sec. 11.4 - Payment of Fine.
When the defendant is sentenced to pay a fine, the Court may permit payment within a definite period or by installment. In the absence of such permission, a fine shall be payable forthwith. Fines and any installment thereof shall be payable to the Court Clerk, properly receipted for and entered upon the trial record and docket, and deposited weekly with the Pueblo Treasury.
Sec. 11.5 - Work Credit.
Any prisoner who performs work for the Tribe during the period of his sentence shall be given two (2) days credit for each one (1) day of satisfactory work performed.
Sec. 12.1 - Authority of the Governor.
(1)The Governor may in his discretion have arrested and delivered up to the executive authority of any State, Tribe or the United States any person charged with a crime in the jurisdiction and who has fled from justice and is found in the jurisdiction of the pueblo of San Ildefonso.
Sec. 12.2 - Demand for Extradition - Requirements.
No demand for the extradition of a person charged with crime in another jurisdiction shall be recognized by the Governor unless in writing alleging that the accused was present in the demanding jurisdiction at the time of the commission of the alleged cri me, and that thereafter he fled from that jurisdiction, and accompanied by a copy of an indictment found or by information supported by affidavit made before a magistrate or Judge there, together with a copy of any warrant which was issued thereupon, toge ther with a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding jurisdiction that the person claimed has escaped from confinement or has broken the terns of his bail, probation or parole. The indictment, information or affidavit made before the magistrate or Judge must substantially charge the person demanded with having committed a crime under the law of that jurisdiction; and the copy of indictment, inform ation, affidavit, judgment of conviction or sentence must be certified or authenticated by the executive authority upon demand.
Sec. 12.3 - Investigation of Demand - Report.
When a demand shall be made upon the Governor for the surrender of a person so charged with crime, the Governor shall cause an investigation to be made of the demand and to report to him the situation and circumstances of the person so demanded and whethe r he ought to be surrendered.
Sec. 12.4 - Return or Surrender of Person Charged in Another Jurisdiction.
When it is desired to have returned to the Pueblo of San Ildefonso a person charged by the Pueblo of San Ildefonso with a crime and such person is imprisoned or is held under criminal proceedings then pending against him in another jurisdiction, th e Governor may agree with the executive authority of such other jurisdiction for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other jurisdiction, upon condition that such person be returned to su ch other jurisdiction at the expense of the Pueblo as soon as the prosecution in the Pueblo is terminated. The Governor may also surrender on demand of the executive authority of any other jurisdiction any person in the jurisdiction of his Pueblo who is c harged with having violated the laws of the jurisdiction whose executive authority is making the demand, even though such person left the demanding jurisdiction involuntarily.
Sec. 12.5 - Surrender of Persons Charged with Crime Committed in Other Than Demanding Jurisdiction.
The Governor may also surrender, on demand of the executive authority of any other jurisdiction, any person in the jurisdiction of the Pueblo of San Ildefonso charged in such other jurisdiction with committing an act in the Pueblo of San Ildefonso in a th ird jurisdiction, intentionally resulting in a crime in the jurisdiction whose executive authority is making the demand and the provisions of this Section not otherwise inconsistent, shall apply to such cases, even though the accused was not in that juris diction at the time of the commission of the crime, and has not fled therefrom.
Sec. 12.6 - Warrant of Arrest.
If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the Pueblo Seal, and be directed to any Law Enforcement Officer for execution. The warrant must substantially recite the facts necessary to the validity of the issuance.
Sec. 12.7 - Authority of Officer or Other Person Under Warrant.
Such warrant shall authorize the Law Enforcement Officer to whom directed to arrest the accused at any time and any place where he may be found within the jurisdiction of the Pueblo of San Ildefonso and to command the aid of all Low Enforcement Officers i n the execution of the warrant, and to deliver the accused, subject to the provisions of this Section, to the duly authorized agent of the demanding jurisdiction.
Sec. 12.8 - Authority to Command Assistance.
Every Law Enforcement Officer empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, a Law Enforcement Officer has by law in this execution of any criminal process to them, with like penalties against those who refuse their assistance.
Sec. 12.9 - Rights of Persons Arrested.
No person arrested upon such warrant shall be delivered over to the agent when the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a Judge of the Pueblo of San Ildefonso who shall infor m him which he is charged, and that he has the right to demand the procurement of legal counsel at his own expenses; and, if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the Judge shall fix a reasonabl e time to be allowed him within which to apply for a writ of habeas corpus. When such a writ is applied for, notice thereof, and of the time and place of hearing thereof, shall be given to the said agent of the demanding jurisdiction.
Sec. 12.10 - Delivery of Person in Violation of Section-Penalty.
Any Law Enforcement Officer, who shall deliver to the agent for extradition of the demanding jurisdiction, a person in his custody under the Governor's warrant, in willful disobedience of the previous Section shall be guilty of an offense and upon convict ion thereof may be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of $500.00 or both, with costs.
Sec. 12.11 Confinement of Prisoner.
The Law Enforcement Officer executing the Governor's warrant of arrest, or the agent of the demanding jurisdiction to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any jurisdiction through which he any pass and the keeper of such jail must receive and safely keep the prisoner until the Law Enforcement Officer is ready to proceed on his route, such officer being chargeable with the expenses of keeping the prisoner.
Sec. 12.12 Charge or Complaint - Warrant of Arrest.
Whenever any person within the jurisdiction of this Pueblo of San Ildefonso shall be charged on an oath of any credible person before any Judge of this Pueblo with the commission of any crime in any other jurisdiction and, with having fled from justice or with having been convicted of a crime in that jurisdiction and having escaped from confinement or having broken the terms of his bail, probation or parole or whenever complaint shall have been made before any Judge of this Pueblo setting forth on the aff idavit or any credible person in another jurisdiction and that the accused has been charged in such jurisdiction with commission of a crime and has fled from justice and having escaped from confinement or having broken the term of his bail, probation or p arole, and is believed to be in the jurisdiction of this Pueblo, the Judge shall issue a warrant directed to any Law Enforcement Officer commanding him to apprehend the person named therein, wherever he may be found in this Pueblo and to bring him before the same or any other Judge of the Pueblo or which may be available in our convenient of access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached.
Sec. 12.13 Arrest Without Warrant.
The arrest of a person may be lawfully made with the approval of the Governor's Office also by a Law Enforcement Officer of a private person, without a warrant upon reasonable information that the accused stands charged in the Courts of another jurisdicti on with a crime but when so arrested the accused must be taken before a Judge of the Trial Court with all practicable speed and complaint must be made against him under oath setting forth any ground for the arrest and thereafter his answer be heard as if he had been arrested on a warrant.
Sec. 12.14 - Preliminary Examination - Commitment.
If, from the examination before the Judge, it appears that the person held is the person charged with having committed the crime alleged and that he has fled from justice, the Judge must, by a warrant reciting the accusation, commit him to the closest jai l for such a time not exceeding thirty (30) days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the jurisdiction having jurisdiction of the of fense, unless the accused gives bail.
Sec. 12.15 - Bail.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the jurisdiction in which it was committed, a Judge of the Pueblo Tribal Court may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon his surrender, to be arrested upon the warrant of the Governor.
Sec. 12.16 - Failure to Make Timely Arrest or Demand for Extradition.
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a Judge may discharge him or may recommit him for further period not to exceed sixty (60) days or a Judge may again take bail for his appearance and surrender but within a period not to exceed sixty (60) days after the date of such new bond: Provided, that the Governor may, except in cases in which the offense is punishable under laws of the demanding jurisdiction by death or life i mprisonment, deny a demand for extradition when such demand is not received by the Governor before the expiration for one-hundred eighty (180) days from the date of the arrest in this Pueblo of the alleged fugitive in the absence of a showing of good caus e for such delay.
Sec. 12.17 - Failure to Appear - Bond Forfeiture - Recover on Bond.
If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the Judge, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the jurisdic tion of the Pueblo of San Ildefonso. Recovery may be had on such bonds given by the accused in criminal proceedings within the jurisdiction of the Pueblo.
Sec. 12.18 - Pending Criminal Prosecution.
If a criminal prosecution has been instituted against such person under the laws of the Pueblo and is still pending, the Governor in his discretion, either surrender him on demand of the executive authority of another jurisdiction or hold him until he has been tried and discharged or convicted and punished by the Pueblo.
Sec. 12.19 - Recall or Reissuance of Warrant.
The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Sec. 12.20 - Demand by Governor of the Pueblo of San Ildefonso for Extradition - Warrant - Agent.
When the Governor of the Pueblo of San Ildefonso shall demand a person charged with a crime or with escaping from confinement or breaking the terms of this bail, probation or parole in the jurisdiction of this Pueblo, from the executive authority of any o ther jurisdiction, authorized to receive such demand, he shall issue a warrant under the Seal of the Pueblo to a Law Enforcement Officer commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the Pueblo .
Sec. 12.21 - Application for Requisition for Return of Person - Contents Affidavits - Copies.
(1) When the return to this Pueblo of a person charged with a crime under the jurisdiction of this Pueblo is required, the Court shall present to the Governor written application for a requisition for the return of the person so charged, the crime charge d against him, the approximate time, place, and circumstances of its commission, the jurisdiction in which he is believed to be, including location of the accused therein at the time the application is made and certifying that, in the opinion of the Judge , the ends of justice require the arrest and return of the accused to this Pueblo for trial and that the proceeding is not instituted to enforce a private claim.
(2)When the return to this Pueblo is required of a person who has been convicted of a crime under the jurisdiction of this Pueblo and has escaped from confinement or broken the terms of his bail, probation or parole, the Court shall present to the Governo r a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of hi s bail, probation or parole, the jurisdiction in which he is believed to be, including the location of the person therein at the time the application is made.
(3)The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two (2) certified copies of the indictment or information and affidavit filed or of the complaint made to the Judge, stating the offense with whi ch the accused is charged or of the judgment of conviction or of the sentence. The Judge may also attach such further affidavit and other documents in duplicate as he shall deem proper to be submitted with such application. One (1) copy of the applicati on, with the action of the Governor indicated by endorsement thereon, and one (1) of the certified copies of the indictment, complaint, information, and affidavits or of the judgment of conviction or of the sentence shall be filed in the Office of the Gov ernor's Secretary to remain as record in that Office. The other copies of all papers shall be forwarded with the Governor's requisition.
Sec. 12.22 - Civil Process - Service on Extradited Person.
A person brought into this pueblo by or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or ha s been returned until he has been finally convicted in the criminal proceeding or, if acquitted, until he has had reasonable opportunity to return to the jurisdiction from which he was extradited.
Sec. 12.23 - Waiver of Extradition.
Any person arrested in the jurisdiction of this pueblo charged with having committed any crime in another jurisdiction or alleged to have escaped from confinement or broken terms of his bail, probation or parole, may waive issuance and service of the warr ant provided for and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of any tribal court a writing which states he consents to return to the demanding jurisdiction; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such Judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus.
If and when such consent has been duly executed, it shall forthwith be forwarded to the Office of the Governor and filed therein. The Judge shall direct the Law Enforcement Officer of having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding jurisdiction, and shall deliver or cause to be delivered to such agent or agents a copy of such consent: Provided, however, that nothing in this Section shall be deemed to limit the rights of the accused pe rson to return voluntarily and without formality to the demanding jurisdiction nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding jurisdiction or this Pueblo.
CHAPTER 13
Sec. 13.1 - Abduction.
Any person who shall willfully take or detain another person against his/her will or takes, detains, or entices a child under eighteen (18) from custody of its parents or other lawful custodian, when he/she lacks lawful permission to do so, shall be guilt y of the offense of abduction and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.2 - Abuse of Office.
Any person acting or purporting to act for the Pueblo in an official capacity, taking advantage of such official or purported capacity, knowing that his conduct is illegal and who shall subject another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of person or property rights or shall deny or impede another in the exercise or enjoyment of any right, privilege, power or immunity, shall be guilty of the offense of abuse of office, and upon convict ion thereof, shall be sentenced to confinement for a period of not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.
Sec. 13.3 - Adulteration of Food or Drink.
Any person who shall knowingly manufacture, sell or keep or offer for sale any food, drug or drink, in the making of which any harmful or foreign substance is used, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinem ent for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.4 - Assault.
Any person who shall attempt to commit battery on another person or threaten bodily harm to another person through use of unlawful force or violence or verbal threats shall be guilty of assault and, upon conviction thereof, shall be sentenced to confineme nt for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace.
Sec. 13.5 - Battery.
Any person who shall willfully strike another person or otherwise intentionally inflict bodily injury on another person or who shall cause another to harm himself shall be guilty of battery and, upon conviction thereof, shall be sentenced to confinement f or a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs. In the discretion of the Court, such offenders may be required to pay any hospital and doctor bills for treatment of injuries as a result of the battery a nd support the victim's family during the victim's incapacity to work and to furnish a satisfactory bond to keep the peace.
Sec. 13.6 - Bigamy.
Any person who being Tarried to another intentionally marries any other human shall be guilty of the offense of bigamy; provided, that no Indian shall be guilty thereof who believes that the prior spouse is dead or whose original spouse shall have been ab sent for seven (7) successive years, without being known to be living or, if the original marriage has been presumed to be dissolved, pronounced void or annulled by the decree of a Court of competent jurisdiction. Upon conviction thereof, such person sha ll be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $180.00 or both, with costs.
Sec. 13.7 - Breaking and Entering.
Any person who breaks into or attempts to break into any dwelling, vehicle, boat, or building of any nature or makes or attempts to make an unauthorized entry into any vehicle, boat, dwelling or any other structure, with the intent to commit any crime the rein, without the permission of the owner or custodian shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with cos ts, and may be required to make proper restitution by order of the Court.
Sec. 13.8 - Bribery.
Any person who shall give or offer to give any money, property, services or other gain or advantage to another human with corrupt intent to influence another in the discharge of his public duties or conduct and any person who shall accept, solicit or atte mpt to solicit any bribe as above defined, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and shall forfei t any public office hold in the Pueblo.
Sec. 13.9 - Carrying Concealed Weapon.
Any person who shall go about in public places armed with a dangerous weapon concealed upon his person unless he otherwise shall have a permit signed by the Governor and/or Judge, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $150.00 or both, with costs. Dangerous weapons within the meaning of the foregoing shall be construed to mean: Air gun, blow gun, explosive device, pistol, or other firearm, and any type of knife which the blade exceeds 3 inches, and any other instrument capable of lethal use, possessed under circumstances not appropriate for lawful use.
Sec. 13.10 - Child Abuse.
Any person who shall willfully or maliciously commit any acts of violence or abuse on any child, causing any harm or injury, under the age of eighteen (18), shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed $500.00 or both, with costs, and may be required to undergo such medical evaluation and treatment as may be ordered by the Court.
Sec. 13.11 Contributing to the Delinquency of a Minor.
Any person who shall willfully, by an action or omission, willfully encourage or contribute to the delinquency of a child (under eighteen (18) years of age) as specified in the Children's Code, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.12 Curfew.
Any minor who shall be or any person who shall permit his minor children or any minor children under his care to be, without good cause on the streets, highways or other public places on the Reservation between the hours of 10:00 P.M. to 6:00 A.M. for tho se under the age of eighteen (18) years, shall be guilty of the offense, except when attending ceremonial or religious affairs or fiestas, as determined by tribal traditions and customs, and upon conviction thereof, any adult shall be sentenced to confine ment for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs. Any minor who shall be detained for violation of this Section shall be referred to the Children's Court.
Sec. 13.13 - Destruction of Evidence.
Any person who shall willfully and knowingly destroy or withhold any evidence that could be used in trial of a case with intent to prevent same from being used, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.
Sec. 13.14 - Disobedience to Lawful Order of the Court.
Any person who shall willfully disobey any order, subpoena, warrant or command duly issued, made or given by any Court or the Council or any Judge or Officer thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confin ement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and ordered by the Court to comply with any lawful order.
Sec. 13.15 - Disorderly Conduct.
Any person who shall engage in fighting in a public place, or who uses abusive language and thereby intentionally creates a risk of assault, disturb or annoy any public or religious assembly, of appear in a public or private place in an intoxicated or dis orderly condition or who shall engage in any other act of public indecency, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $30 0.00 or both, with costs.
Sec. 13.16 - Disposing of Property of an Estate.
Any person who, without proper authority, takes, keeps, sells, trades or otherwise disposes of any property of any estate before the determination of the heirs of the property, through proper procedures, shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and shall be required to return the property taken and make restitution as may be ordered by the Court.
Sec. 13.17 - Disposing of Trust or Restricted Property.
Any person who sells, trades, transfers or in any way disposes of any trust or restricted property, including livestock and increase therefrom, in violation of the Federal Government Regulations, ordinances, customs or traditions of the Pueblo of San Ilde fonso, and without proper permit, shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period of not to exceed six (6) months or to pay a fine not to exceed $360.00 or both, with costs. Where an inde btedness exists by the offender to the Pueblo or the United States under a loan agreement, the Court may order such property, upon its recovery, sold and the proceeds applied on the indebtedness.
Sec. 13.18 - Distribution of Alcohol, Marijuana, Drugs to Children.
Any person who shall sell or barter to give any alcoholic beverage, marijuana, drugs or any controlled substance as determined by the Courts to be harmful to any children under the age of eighteen (18) years including any edible foodstuffs containing mate rials harmful to a child shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.19 - Drawing or Uttering Instrument on Bank with Funds or Credits.
Any person who shall for a present consideration make or utter or deliver any check, draft or order for payment of money upon depository, knowing at the time of such making, drawing, uttering, or delivery that the maker or drawer has no sufficient funds i n or on credit with such bank or other depository for the payment of such check, draft or order in full upon its presentation shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty ( 60) days or to pay a fine of not to exceed $200.00 or both, with costs, and may be required by order of the Court to make proper restitution.
Sec. 13.20 - Embezzlement.
Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period n ot to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and to make such restitution as may be required by order of the Court.
Sec. 13.21 - Escape.
Any person who, being in the lawful custody of a Law Enforcement Officer, shall unlawfully remove himself from official detention to escape or who shall permit or assist another person to escape from lawful custody or who shall fail to return to official detention following leave granted for a specific purpose or a limited time (excluding probation, parole or release on bail) shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) m onths or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.22 - Extortion.
Any person who shall willfully extort or attempt to extort any money, goods, property, or anything of value by making or threatening to make false charges against another person or to threaten to do unlawful injury to another Person or property of the per son threatened or of another, shall be deemed guilty of the offense of extortion and upon conviction thereof, shall be sentenced to confinement of not to exceed ninety (90) days or to pay a fine not to exceed $150.00 or both, with costs.
Sec. 13.23 - Failure to Send Children to School.
Any person who shall, without good cause, neglect or refuse to send his children or any children under his care to school who, from the age of eight (8) to under fifteen (15), and from fifteen (15) to under eighteen (18) years of age not lawfully engaged in some useful occupation or attending part-time school, unless otherwise excused, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $1 00.00 or both, with costs, and ordered to send their children to school.
Sec. 13.24 - Failure to Support Dependent Persons.
Any person who shall, because of habitual intemperance or gambling or for any other reason, refuse, fail, or neglect to furnish food, shelter, or care to those dependent upon him, including any children born out of wedlock, shall be deemed guilty of the o ffense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.25 - False Alarm.
Any person who knowingly cause a false alarm of fire or other emergency to be transmitted to any organization, official, or volunteer having responsibility for dealing with emergencies involving danger to life and property, shall be deemed guilty of the o ffense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine not to exceed $50.00 or both, with costs.
Sec. 13.26 - False Arrest.
Any person who shall willfully and knowingly make or cause to be made, the unlawful arrest, detention or imprisonment of another Person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exce ed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.27 - Fire, Failure to Control or Report.
Any person who knows that a fire is endangering life or property and fails to give a prompt fire alarm or fails to take reasonable measures to put out or control the fire without danger to himself if he knows that he is under an official, contractual or o ther legal duty to prevent or to combat the fire, or if any fire was started in any manner, including throwing of any lighted material, lawfully or unlawfully by any person or with his assent on any property, private or public, whether or not in his custo dy or control, that endangers life or property shall be deemed guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $250.00 or both, with costs, an d may be liable for damages in an amount determined by the Court, and parents of minor children who violate this Section may be held liable.
Sec. 13.28 - Flags - Desecration Thereof.
Any person who in any manner for exhibition or display shall place or cause to be placed any mark, word, or design upon or shall publicly mutilate, deface or defile an official flag, color or design of the United States or the Pueblo of San Ildefonso shal l be guilty of the offense and, upon conviction thereof, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $50.00 or both, with costs.
Sec. 13.29 - Flight to Avoid Prosecution.
Any person who willfully and knowingly shall flee from the Pueblo of San Ildefonso or the jurisdiction of the Tribal Court to avoid prosecution or to avoid giving testimony in a case pending before the Tribal Court shall be deemed guilty of the offense an d, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $60.00 or both, with costs.
Sec. 13.30 - Forgery and Counterfeiting.
Any person who shall, with intent to defraud, falsely sign, utter, execute, alter or counterfeit any written instrument, check, or currency shall be guilty of forgery-and, upon conviction thereof, shall be sentenced to confinement for a period not to exce ed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be required to make restitution.
Sec. 13.31 - Fraud.
Any person who shall by willful misrepresentation or deceit or by falsely interpreting or by the use of false weights or measures, obtains any money or any other property or thing of value which belongs to another shall be guilty of fraud and, upon convic tion thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution.
Sec. 13.32 - Gambling.
Any person who operates or participates in any game of chance or lottery to win money or other valuable consideration or operates a place or device where a risk is taken on a chance of winning money or other valuable property shall be guilty of the offens e and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed fifteen (15) days or to pay a fine of not to exceed $50.00 or both, with costs, and all gambling equipment, materials, and supplies may be confiscated. This Sect ion shall not apply to those games of chance or lottery authorized by the Council or traditional games of chance operated by Tribal members in their own right.
Sec. 13.33 - Illicit Cohabitation
Any person who shall live or cohabit with another as man and wife and not then and there being married shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pa y a fine not to exceed $150.00 or both, with costs.
Sec. 13.34 - Indecent Exposure.
Any person who publicly exposes his or her sexual organ or organs under circumstances in which this conduct is likely to cause affront or fear shall be guilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, and nay be compelled to undergo a medical examination and necessary treatment.
Sec. 13.35 - Injury to Public Property.
Any person who shall, without proper authority, use or misuse any public property shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exce ed $150.00 or both, with costs.
Sec. 13.36 - Libel and Slander.
Any person who willfully shall write a falsehood about another with the intent to harm the reputation of another, knowing the same to be untrue, shall be guilty of the offense of libel, and any person who willfully shall speak a falsehood about another, w ith intent to harm the reputation of another person, knowing the same to be untrue, shall be guilty of the offense of slander and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed ninety (90) days or to pay a fine not to exceed $300-00 and may be required to make public retraction as tradition dictates of the written or spoken falsehood.
Sec. 13.37 - Liquor Violations.
Any person who shall possess to sell, or shall manufacture any beer, ale, wine, whiskey or any materials whatsoever which produce alcoholic intoxication without a license issued by the Governor with the concurrence of the Tribal Council, shall be deemed g uilty of the offense, and upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $120.00 or both, and all such materials, including vehicles used to transport same, may be confi scated by order of the Court.
Sec. 13.38 - Maintaining a Public Nuisance.
Any person who shall act in such a manner, or permit his property to fall into such condition as to make, injure, or endanger the safe health, comfort, or property of his neighbors, the reputation and dignity of the pueblo, shall be deemed guilty of the o ffense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $100.00, or both, with costs.
Sec. 13.39 - Malicious Mischief.
Any person who shall maliciously disturb, deface, injure or destroy any tangible or personal property, including domestic animals or vandalize any property, not belonging to that person shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, and may be required by order of the Court to make proper restitution. When any injury to persons or property is caused by th e actions of any person under eighteen (18) years of age, the parents or guardians or custodians of such an individual will be held accountable for any damages resulting from these acts.
Sec. 13.40 Marijuana and Controlled Substance.
Any person who shall plant, grow, cultivate, keep for sale, sell, barter, give, have possession of or use marijuana or other narcotic drugs or any controlled substance, determined by the Court to be harmful to the physical and mental health of the user, s hall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.41 - Obstructing Justice.
Any person who, with the purpose of hindering the apprehension, prosecution, conviction or punishment of another for a crime shall harbor or conceal another person, provide a weapon, transportation or other means of escape, warns the other of impending di scovery, or volunteer false information to a Law Enforcement Officer, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both , with costs.
Sec. 13.42 - Perjury.
Any person who shall willfully and deliberately in any administrative or judicial proceeding in any Agency or Court of the Pueblo of San Ildefonso falsely swear or interpret or shall make a sworn statement or affidavit knowing the same to be untrue or sha ll induce to procure another person to do so shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00, or both, with costs.
Sec. 13.43 - Public Drunkenness: Drug Incapacitation.
Any person who shall appear in any public place, including any Tribal or public meeting or gathering under the influence of alcohol or any other drug or narcotic, to the degree that he may endanger himself or another human or property or annoy any persons in his vicinity shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs. The Court may in its judgment, order th e person upon conviction to participate in any available alcoholic or drug abuse program in lieu of the foregoing penalties which may be reimposed upon failure of the person to follow the orders of the Court.
Sec. 13.44 - Prostitution.
Any person who shall engage or solicit to engage in sexual activity as a business or who shall knowingly keep, maintain, rent or lease any house, room, tent, motor vehicle or any kind of other place for the purpose of so engaging, and any person who shall procure any person to engage in such activities, or live off the earnings of any person engaged in such activities, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months o r to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.45 - Sexual Assault.
(1)Any person who engages in a sexual act with another person, who is not his spouse, or compels the other person to participate in such act by force or by threatening or place the other person in fear that any person will imminently to subjected to death , serious bodily injury or kidnapping or has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant or by other means, without the knowledge or against the will of such othe r person or the other person is in fact, less than twelve (12) years old, shall be guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or bot h, with costs.
(2)Any person who engages in a sexual act with another person who is not his spouse and knows that the other person is incapable of understanding the nature of the conduct or knows that the other person is physically incapable of resisting or of declining consent to the sexual act or knows that the other person is unaware that a sexual act is being committed or knows that the other person participates because of a mistaken belief that the actor is married to the other person or compels the other person to participate by any threat by placing the other person in fear shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with co sts.
(3)As used in this Section, sexual act means conduct between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis or the mouth and the vulva; provided that contact involving the penis occurs u pon penetration, however slight, and sexual contact means a touching of the sexual or other intimate parts of a person to arouse or gratify the sexual desire of any person.
Sec. 13.46 - Receiving Stolen Property.
Any person who shall buy, receive or conceal or aid in receiving or concealing any property, knowing or having cause to know the same to be stolen, embezzled or obtained by fraud or false pretense, theft, burglary or robbery, shall be guilty of the offens e and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs, and may be ordered to make proper restitution.
Sec. 13.47 Recklessly Endangering Another Person.
Any person who recklessly engages in conduct which places or may place another person in danger of death or bodily injury shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed three (3) m onths or to pay a fine not to exceed $300.00 or both, with costs, and may be required to furnish a satisfactory peace bond for one (1) year.
Sec. 13.48 - Refusing to Aid an Officer.
Any person who shall neglect or refuse, when called upon by any Law Enforcement Official, to assist in the arrest of any person charged or convicted of an offense or in securing such offender when apprehended or in conveying such offender to the nearest p lace of confinement shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed thirty (30) days or to pay a fine not to exceed $100.00 or both, with costs, provided that no other responsibilit y shall attach to the person assisting the Law Enforcement Official at his request.
Sec. 13.49 - Resisting Arrest.
Any person who shall willfully and/or knowingly shall resist a lawful arrest, or aid or abet or assist another person to resist lawful arrest shall be guilty of an offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed sixty (60) days or to pay a fine not to exceed $200.00 or both, with costs.
Sec. 13.50 - Theft.
Any person who, without permission of the owner, shall take, shoplift, possess or exercise unlawful control over movable property, not his own or under his control, with the purpose of depriving the owner thereof or who unlawfully transfers immovable prop erty not his own or any interest thereto shall be guilty of an offense and shall be sentenced to confinement for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs, if the value of such property is less than $50.00 and shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 if the value is $50.00 or over. The Court may order proper restitution to be made in each case.
Sec. 13.51 - Unlawful Intimidation.
Any person who directly or indirectly utters or addresses any threat or unlawful harm to any person, or aids and abets another in uttering or addressing any threat or unlawful harm with the purpose of influencing the decision, opinion, recommendation, vot e or other exercise of discretion of a Pueblo employee or voter or to influence a Pueblo or public official to violate any public duty shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to excee d three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.52 - Unlawful Intimidation to Law Enforcement Official, Judge or Council Member.
Any person who shall use unjustified force or violence or threatens the use thereof on a Law Enforcement Official, Judge or a Tribal Council Member for the purpose of interfering with or influencing the performance of an official duty, shall be guilty of the offense and, upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs.
Sec. 13.53 - Trespass.
Any person who shall go upon or pass over any enclosed land of another person and shall refuse to go immediately therefrom upon request of the owner or occupant thereof, or shall knowingly and willfully allow livestock to occupy or graze on the enclosed l ands of others without authorization, shall be deemed guilty of the offense and upon conviction thereof, shall be sentenced to confinement for a period not to exceed ten (10) days or to pay a fine not to exceed $25.00 or both, with costs.
Sec. 13.54 - Unauthorized Use of Property, Including Vehicles.
Any person who shall, without proper authority, use or injure any property not belonging to him or who shall operate or occupy another's automobile, motorcycle, mini bike, or other motor-propelled vehicle without the consent of the owner shall be guilty o f an offense and, upon conviction thereof, shall be sentenced to confinement at labor for a period not to exceed three (3) months or to pay a fine not to exceed $300.00 or both, with costs.
Sec. 13.55 - Negligent Use & Discharging of Firearms & Cannons.
It shall be unlawful for any person within the San Ildefonso Pueblo Proper to discharge, set off, or fire any firearms or cannons; provided that a permit may be issued by the Tribal Council to a civil body, club, or organization sponsoring a supervised ce lebration to discharge, set off or fire at a designated time or place under the immediate supervision of a competent expert. Such firearms or cannons may be deemed proper by the Tribal Council.
(a)Firing or discharging of firearms in residential area.
(b)Exceptions: During any ceremony where traditions and customs are called for.
Negligent use of a weapon consists of:
(a)Unlawfully discharging a firearm in the proximity of a building or into any building or vehicle so as to knowingly a person or his property;
(b)Carrying a firearm while under the influence of an intoxicant or narcotic; or,
(c)Endangering the safety of another or his property by handling or using a firearm or other deadly weapon in a negligent manner. Whoever violates this section and upon conviction shall be punished by a fine not to exceed $300.00 or by imprisonment of no t to exceed ninety (90) days, or both, with costs, and such weapons may be confiscated upon the order of the Court.
Sec. 13.56 - Aiding or Attempting.
Any person who attempts, aids or abets any violation of this Criminal Code shall be guilty of an offense in the same degree as the principal perpetrator and, upon conviction thereof, shall be subject to same penalties.
Sec. 13.57 - Taking of Official Papers or Documents of the Pueblo of San Ildefonso.
Any person who shall hold any public office or who may be an employee of the Pueblo of San Ildefonso and, upon termination of the term of office or employment for any reason, shall take without authorization or convert to his or her own use any official d ocuments, files or other materials belonging to the Pueblo or received by the person as a result of their office or position with the Pueblo, shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to ex ceed six (6) months or to pay a fine not to exceed $500.00 or both, with costs and shall be required to return all documents, files or other material deemed by the Court to be the property of the San Ildefonso Pueblo, and may be barred from holding any pu blic office or employment in the Pueblo of San Ildefonso as the Court may prescribe.
Sec. 13.58 - Driving under the Influence
(1)Any person who shall drive any vehicle while under the influence of alcohol or any drug which may impair driver Performance shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed twelve (12 ) months or pay a fine of up to $1,000 or both,
(2)Any person who while a passenger Permits another person to drive a vehicle while that driver is under the influence of alcohol or any drug which may impair driver Performance is guilty of an offense and upon conviction thereof, may be sentenced to conf inement for a period not to exceed six (6) months or pay a fine of UP to $1,000 or both.
(3)In either case above, there is no requirement of "knowingly" breaking the law, and proof of under the influence of alcohol is sufficient if the person alleged to have been under the influence has partaken of alcohol within 24 hours of the offense.
Sec. 13.59 - Reckless Driving
(1)Any person who drives or operates a vehicle carelessly and heedlessly without regard of the rights ox safety of others and without due caution and safety at a Speed or in a manner so as to endanger or be likely to endanger any person (including the dri ver) or property is guilty of reckless driving and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.
Sec. 13.60 - Parties to a Crime
(1)Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a crime, whether individually or in connection with one or more other persons Or as a principal, agent or accessory, s hall be guilty of such offense and upon conviction thereof, may be sentenced the same as if found guilty of that crime.
(2)Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits, on directs another to commit a crime shall be guilty of an offense and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both.
Sec. 13.61 - Aggravated assault
Any person who shall attempt to assault another person or strike another person with a deadly weapon, or willfully and intentionally assault or strike another human with an intent to commit any non-violent crime (whether or not herein described in this La w & Order code) shall be guilty of aggravated assault and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offend er may be required to furnish a satisfactory bond to keep the peace.
Sec. 13.62 - Assault with intent to commit a violent crime
Any person who shall attempt to assault any human with intent to commit a violent act or violent crime (murder, maiming, rape, robbery, kidnapping, etc.) whether or not herein described in this Law and Order code, shall be guilty of assault with intent to commit a violent crime and upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or to pay a fine of $1,000 or both with costs.
Sec. 13.63 - Aggravated battery
Any person who shall harm any person by unlawful touching or application of force with intent to injure and inflicts painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body shall be guilty of agg ravated battery and upon conviction thereof, shall be sentenced to confinement for a period not to exceed six (6) months or to pay a fine of up to $1,000 or both with costs.
If the offender inflicts great bodily harm or uses a deadly weapon, or does the act in such a manner that great bodily harm or death can be inflicted, then upon conviction thereof, shall be sentenced to confinement for a period not to exceed one (1) year or pay a fine of $1,000 or both with costs.
Sec. 13-64 - Harassment
It is unlawful for any person to knowing pursue a pattern of conduct that is intended to annoy seriously alarm or terrorize another person and which serves no lawful purpose (the conduct must be such that it would cause a reasonable person to suffer subst antial emotional distress or actually cause emotional distress in the victim) and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of th e Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.
Sec. 13.65 - Stalking
It is unlawful for any person to knowingly pursue a pattern of conduct that poses a credible threat to another person and that is intended to place that person in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint and upon conviction thereof, may be sentenced to confinement for a period not to exceed six (6) months or pay a fine of up to $1,000 or both with costs. In the discretion of the Court, such offender may be required to furnish a satisfactory bond to keep the peace or may be subject to such other orders as the court deems necessary or just.
Proof of the reasonable apprehension may be furnished by the perpetrator committing one or more of the following acts:
a.following a person, other that in the residence of the stalker;
b.placing a person under surveillance by remaining present outside that person's school, residence, workplace or vehicle or an other place frequented by the person other that in the residence of the stalker;
c.harassing a person; or
d.any other verbal or nonverbal threat made with the intent and the apparent ability to carry out the threat that would cause a reasonable person to fear for her/his safety.
It should be noted that police officers should not be prosecuted under this section if they are performing acts in the line of duty.
CHAPTER 14 PRE-TRIAL PROCEDURE
Sec. 14.1 Process for Civil Action
Any civil proceeding way be instituted in the Pueblo of San Ildefonso Tribal Court by the filing of a complaint with the clerk, stating the names of the plaintiff and the defendant, and the facts constituting the grievance for which relief is requested an d the nature of the relief requested. The complaint shall be signed by the plaintiff. Upon the filing of a complaint, the Clerk shall issue a summons to which shall be attached a copy of the complaint directing the defendant to appear before the Tribal Court to answer the complaint at the time and place specified which shall be not more than fifteen (15) days from the date of serving the summons and copy of the complaint. A trial shall thereupon be conducted; or, in the discretion of the Court a later trial date may be set, especially if a counterclaim is filed by the defendant. The general common law shall apply in Civil Procedures of this Code. Before any complaint is filed, there must be a showing by the plaintiff that all other remedies offered b y this Code have been exhausted.
Sec. 14.2 - Complaint and Answer.
(1)The complaint shall contain the title of the action naming the parties as plaintiff and defendant. A plain concise statement of the facts with dates, places, acts, etc., constituting a cause of action shall be made together with a demand for relief.
(2)When the demand for relief by the plaintiff is the recovery of property, such property shall be fully described and, if money is demanded, the amount asked for shall be stated;
(3)The answer may contain a denial of each allegation of the complaint made by the defendant, or parts thereof, that the facts stated do not constitute a cause of action, that there is another action pending between the same parties for the same cause, th at the plaintiff has no legal right to sue, that the action was not started within the period of three (3) years following the acts complained of and for which relief is sought.
(4)The defendant may make a counterclaim in his answer to the charge in the compliant and in that event the plaintiff shall have ten (10) days in which to answer and file a copy of his reply with the Clerk of the Court. If the defendant files a cross-clai m against a third party defendant, the third party defendant shall be served in the same manner as set forth in this Section for service of process and shall have ten (10) days to answer the cross-claim.
Sec. 14.3 - Service.
The summons and complaint shall be served on the defendant by personal service or by mail. Service by mail shall be made by the Clerk by registered or certified mail, return receipt requested. The ten (10) days for service of process shall begin upon re ceipt by the defendant of the registered or certified mail as evidenced by the notice of receipt. The summons and complaint may be served personally by delivery to the defendant in person, by leaving copies thereof on the door of such abode. Any person designated by the Clerk, over twenty-one (21) years of age other than the plaintiff, may make personal service. The return receipt on mail delivery shall be kept in the docket as evidence of the receipt of notice and an affidavit of service shall be retu rned to the Clerk and filed in the docket which shall constitute proof of personal service. The same provisions for service of process shall apply to cross claims. Any defendant making an answer, counter-claim or cross-claim shall file such pleadings wi th the Clerk of the Court and the Clerk of the Court will be responsible for mailing counter-claims and answers to the plaintiffs immediately upon filing.
Sec. 14.4 - Filing Fee.
Any complaint filed in a civil action before the Tribal Court must be accompanied with the established filing fee determined by the Court.
Sec. 14.5 - Long Arm Service.
Any person subject to the jurisdiction of the Pueblo of San Ildefonso Tribal Court may be served outside the territorial jurisdiction of the Court in the manner provided in with the same force and effect as if the service had been made within the territor ial jurisdiction thereof, if such person:
(1)Transacts business or does an act leading to a civil action within the Pueblo;
(2) Owns, uses or possesses any property or interest therein within the Pueblo;
(3) Contracts for services to be rendered or goods to furnished within the Pueblo.
CHAPTER 15 - CIVIL TRIAL PROCEDURE
Sec. 15.1 - Right to jury.
Civil cases shall be tried by the Court, unless the case is one to which a party would have a right to a jury trial under the laws of the United States and provided the party entitled to jury trial makes demand therefore to the Court in writing at least f ive (5) days before the trial date set in the summons and agrees to pay the cost of the jury trial in the first instance by the party or parties demanding the jury trial, but in the event the verdict is in favor of such party, the costs is recoverable fro m the losing party.
Sec. 15.2 - Trial.
If a jury is demanded, the Court shall empanel a jury in the manner provided in this Code and the jury selected to try the case shall reach a verdict by majority vote based upon the preponderance of the evidence. At a trial without a jury, the Court shal l hear the evidence and determine the grievance set forth in the complaint and any answer or counterclaim or cross-claim presented by the defendant and determine the relief to be granted, if any. Any party, at the beginning or end of the trial, may move the Court for a judgment for dismissal of the complaint or such other or further relief as the motion may state. The burden of proof is upon the plaintiff. If the plaintiff establishes the facts necessary to sustain his burden of proof, after the plaint iff has rested his case the burden of proof shifts to the defendant. Witnesses who give direct testimony may be cross-examined as to their testimony and rebuttal witnesses may be called to testify and be cross-examined. Evidence may be introduced after a proper foundation has been laid and its relevance to the facts established. The plaintiff must prove the allegations in the complaint by a preponderance of the evidence, unless another standard of proof is found to apply.
Sec. 15.3 - Witnesses and Evidence.
The Court shall order by subpoena the appearance of any individual as a witness in a hearing or trial upon request from either party. Upon the failure of any person to answer such subpoena, the Court may order a Law Enforcement Officer to bring such pers on before the Court to determine if that person shall be held in Contempt. The Court may also order the production of books, records of other physical evidence, and compel compliance therewith in the same manner.
CHAPTER 16 CIVIL POST-TRIAL PROCEDURE
Sec. 16.1 Judgment of Court or jury.
At the conclusion of the proceeding, the Court or Jury shall render a judgment in favor of the plaintiff, if allegations are proved beyond a preponderance of the evidence or other standard of proof found applicable, or the defendant, if the allegations ar e not so proven, in such amount or order such other relief as the evidence and the law may require or as the jury may find. The Court or jury may also find for the defendant against a third party under a cross-claim or for a third party defendant under a cross-claim. In a damage case:
(1)Where the injury inflicted was the result of carelessness of the defendant, the judgment shall fairly compensate the injured party of the loss suffered.
(2)Where the injury was willfully inflicted, the judgment may impose an additional penalty upon the defendant for the benefit of the injured party, not to exceed triple the amount of the judgment.
(3)Where the plaintiff and defendant were both at fault, the judgement shall be at the discretion of the court or jury.
Sec. 16.2 - Costs in Civil Action.
Unless the Court provides otherwise, Court costs incurred by the winning party shall be included in any judgment, including filing fees, service fees, expense of involuntary witnesses, expert witness fees, compensation of jurors, and other incidental expe nses. Costs shall not be allowable against the Pueblo of San Ildefonso or any agency thereof which may be party in a civil case.
Sec. 16.3 - Default Judgment.
Upon failure of a defendant to appear at the time stated in the summons, the other party may proceed to offer evidence including proof that the de