ZIA TRIBAL COURT - Tribal Law Journal - University of New Mexico

STATE BAR OF NEW MEXICOINDIAN LAW SECTIONTRIBAL JUSTICE AND COURT SYSTEMSZIA TRIBAL COURTOutline and Table of ContentsTOPIC PAGE #Introduction 2Part One: Tribal Government & General Information 2Part Two: Tribal Bar Practice 6Part Three: Tribal Court Rules and Procedures 7Part Four: The Jurisdiction of Tribal Court 9Part Five: Tribal Codes 10Part Six: Intergovernmental Relations 14Part Seven: State and Other Governmental Jurisdiction 15Please feel free to contact the Tribal Law Journal if you have questions, or wish to discuss the questionnaire orTribal Courts Handbook projectTribal Law JournalUniversity of New Mexico School of LawMSC11 60701117 Stanford NEAlbuquerque, NM 87131-0001Phone: (505) 277-1523Fax: (505) 277-4367E-Mail: tlj@law.unm.eduState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project1

STATE BAR OF NEW MEXICO INDIAN LAW SECTIONTRIBAL JUSTICE AND COURT SYSTEMSNAME OF TRIBE: PUEBLO OF ZIAPart One: TRIBAL GOVERNMENT AND GENERAL INFORMATIONThe purpose of this Section is to provide certain basic information about your Tribal Court and judicialsystem. Anyone practicing in Tribal Court will need to know where the Court is located, how it isorganized, and who to contact for more information.1. Contact Persons and Location of Tribal Court:Name of Tribal CourtContact Person Name& TitleAddressZia Tribal CourtPablita C. Pino, Court Clerk135 Capitol Square Dr.Zia Pueblo, NM 87053Phone 867-3304 Fax 867-3308E-mail2. Name and address of the Chief Judge of the Tribal Court:NameTitleAddressRobert MedinaChief Judge135 Capitol Square Dr.Zia Pueblo, NM 87053Phone 867-3304 Fax 867-3308E-mail3. Driving directions to Tribal Court (attach a map if needed): From Albuquerque, head north on I-25, exit at Bernalillo, head west 18 miles on SR-44. Office is located within the tribal offices.4. What is the official name of your tribe or federally recognized organization?Pueblo of ZiaState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project2

5. On what is your tribal government based? (Please check one and briefly describe in box)An IRA or OIWA constitutionA non-IRA constitutionA non-constitutional organizationaldocument (e.g. tribal legislation)A traditional system (please describe)Other (please describe)The court system is run on unwritten laws. Traditionallaw is utilized.6. Please indicate which organic documents are possessed by the Tribe, and from whom copiesare available:Tribal Document Available? Obtain Copy From:1. Tribal Constitution yes no2. Bill of Rights yes no3. yes no4. yes no5. yes no7. Please indicate where your tribal jurisdiction is exercised:Within undisputed, clearly established reservation boundariesGenerally within reservation boundaries, with a few outlying parcels of Indian country(Please describe the nature of these parcels: e.g. gaming location; purchased land not used forgaming; land remaining from formerly larger reservation, etc.)Within Indian country (or dependent Indian community); there are no reservation boundariesPlease describe disputes regarding the tribe’s territorial jurisdiction, including boundaries;non-Indian owned fee land; dependent Indian community status; state or county roads; or anyother:8. Regular Court Staff:Name Title Phone Number e-mail addressPablita C. Pino Court Clerk 867-33049. Tribal Court Organization:Other branches of the Court (if any): NoneState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project3

Other Courts in Tribal Court system are checked below:Appellate Court (Tribal Council or Southwest Intertribal Court of Appeals)Supreme CourtLower courts with different subject-matter jurisdictionOther:Other:Other:10. Number of judges on the Tribal Court: (Please provide list of names, titles, and contactinformation for each judge)Judge Positions# of Full-timePositions# of Part-timePositions# of Pro-temPositionsTrial Court Judges 1 2Specialized Court JudgesAppellate Court JudgesOther:11. Tribal Prosecutor for the Court :NameTitleAddressNonePhoneE-mailFax12. Tribal Government staff person to be contacted for more information regarding TribalGovernment:NameTitleAddressPeter PinoTribal Administrator135 Capitol Square Dr.Zia Pueblo, NM 87053Phone 867-3304 Fax 867-3304E-mail13. Tribal Justice System Staff: (Please provide list of names, titles, and contact information for eachposition)Tribal Justice System Position # of Full-timePositionsCourt Administrators/Clerks 1Probation OfficersState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project# of Part-timePositions# of Pro-temPositions4

ProsecutorsPublic DefendersBailiffsJuvenile OfficersOther:Other:14. Use of Attorneys: (Please indicate the number of full and part time attorneys or law schoolgraduates your tribal justice system currently utilizes – enter 0 for positions which are not held byattorneys or law school graduates)Tribal Justice System Position # of Full-timePositionsJudges who are licensed attorneys 1Judges who are law school graduates, butnot licensed in any stateProsecutors who are licensed attorneysProsecutors who are law school graduates,but not licensed in any statePublic defenders who are licensed attorneysPublic defenders who are law schoolgraduates but not licensed in any state# of Part-timePositions# of Pro-temPositions15. Alternative Dispute Resolution and Diversion Programs:• Does your tribe use Alternative Dispute Resolution (ADR) in the judicial system? Yes NoIf yes, please indicate below which ADR methods you use:Traditional Methods Mediation Settlement FacilitationArbitration Diversion Programs Other:Please describe:• Is there additional written material available which describes your tribe’s ADR program(s)?Yes No If yes, who should be contacted to obtain a copy:NameTitleAddressPhoneE-mailFaxState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project5

Part Two: TRIBAL BAR PRACTICE(Please attach additional information for each question if available)Issue1. Are there special requirements to bepermitted to practice in tribal court?2. Are there requirements regardingknowledge of tribal culture orlanguage:3. Are advocates who do not have lawdegrees or are not members of a statebar permitted to practice in tribalcourt? Please describe requirements.4. Do the same requirements apply forstate-licensed attorneys?5. Does your tribe have a tribal barexamination? If yes, please providedetails concerning requirements, howoften the exam is administered andhow to get more information aboutbeing admitted to the tribal bar.6. Can an otherwise licensed attorneywho is not a member of the tribal barbe admitted for a single case? If yes,how?7. Can/must an otherwise licensedattorney who is not a member of thetribal bar associate with a member ofthe tribal bar on a single case? If yes,how?8. Does the tribal bar have a ContinuingLegal Education requirement? Ifyes, please provide details.9. What is the total number of membersof the tribal bar?10. Of the total number of members ofthe tribal bar, how many are licensedattorneys admitted to practice in astate?Commentsyes no Member of the state bar and approval by thecouncil to practiceyes no Courts are held in the Keresan language.We do not provide interpreters.yesyesyesnononoyes no Unsure of answeryes no Unsure of answeryes no N/AnoneN/A16. Other requirements for a lawyer to practice in Tribal Court:We’ve never had lawyers in our courts and neither do we encourage it, so I’m not sure about this answer.17. Others that are allowed in practice in Tribal Court:State Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project6

Part Three: TRIBAL COURT RULES AND PROCEDUREThe purpose of this Section is to provide specific information regarding the rules and proceduresnecessary to practice in Tribal Court.18. Tribal Court’s working hours: Court Clerk hours are 8-5, Courts are usually held during theevening hours.19. Language(s) used in Tribal Court: Keresan and English20. Interpreters are available: yes noNameTitleAddressContact:PhoneE-mailFax21. Tribal court filing fees: $10.0022. Tribal Court scheduling or docket practices where specific days or weeks are reserved: None23. Rules of conduct, or etiquette, or rules of ethics, either written or implied, which are requiredto practice in Tribal Court: We follow the standard code of ethics.24. The following written rules are available for Tribal Court (Check all that apply):Civil ProcedureCriminal ProcedureDomestic RelationsEvidenceAppellate ProcedureAlternative Dispute ResolutionOthers:25. These rules can be obtained by contacting:NameTitleAddressPhoneE-mailFaxState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project7

26. To obtain more information on unwritten Tribal Court rules procedures, contact:NameTitleAddressWilliam ToribioGovernor135 Capitol Square Dr.Zia Pueblo, NM 87053Phone 867-3304 Fax 867-3308E-mail27. Tribal Court forms can be obtained from:Is a list of tribal court and related forms available? yes no If yes, please provide a copy.NameTitleAddressPablita C. PinoCourt Clerk135 Capitol Sq. Dr.Zia Pueblo, NM 87053Phone 867-3304 Fax 867-3308E-mail28. Jury trials are available for the following types of cases:Criminal Torts – Injury Traffic Other:Other:Other:29. Appeals are available for the following types of cases:Criminal Torts – Injury Traffic Other:Other:Other:30. Tribal Court decisions and opinions are written oral.If written, copies of decisions and opinions are available from:NameTitleAddressPhoneE-mailFaxState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project8

31. Trial proceedings or hearings are recorded transcribed not recorded.If recorded or transcribed, proceedings or hearings are available from:NameTitleAddressPhoneE-mailFaxPart Four: THE JURISDICTION OF TRIBAL COURTThe purpose of this Section is to provide information regarding the law that applies to cases heard inTribal Court.32. Information regarding a written Tribal Code can be obtained from:NameTitleAddressPhoneE-mailFax33. Does the tribe or the court have a definition of “non-member Indian” for jurisdictional orservice purposes?yes no If yes, please indicate what that definition is, and describe whether there aredifferent definitions for different purposes (e.g., tribal services or criminal jurisdiction).A person who is a member or eligible for membership in a federally recognized tribe.34. Does the tribe exercise jurisdiction over members off-reservation?yes no If yes, please specify subject matter and circumstances (check all that apply):Indian Child Welfare ActHunting, Fishing or SubsistenceOther:Other:35. Does a significant number of non-member Indians live within the tribe’s jurisdiction?yes no Comments: All residents of the Pueblo are enrolled members.36. Do a significant number of non-Indians visit tribal lands on a regular basis?yes no If yes, please indicate the types of visits (check all that apply):Gaming Tourism Transients on Interstate HighwayResort Hunting/Fishing Transients on Other HighwaysSmokeshopOther: Filming, for alabasterState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project9

37. Are there problems presented by these visitors, such as increased traffic violations, hunting orwood cutting violations?yes no If yes, please describe these problems and indicate whether disputes are presentlysettled in tribal court or other forum (please specify forum, such as state court):38. Are there federal laws or treaty provisions that specifically limit your tribe’s jurisdiction overnon-members or non-Indians (as opposed to limitations on all tribes)?yes no If yes, please indicate the specific law or provision and the limitation:Federal Statute:Non-IndiansNon-member IndiansoverTreaty Provision:Non-IndiansNon-member Indiansover39. Over which groups of persons does your tribal constitution or traditional system permitjurisdiction?Tribal ConstitutionTribal Members OnlyAll persons, civilAll persons, criminalAll Indians, civilAll Indians, criminalTraditional SystemTribal Members OnlyAll persons, civilAll persons, criminalAll Indians, civilAll Indians, criminal40. Has the tribe, by tribal legislation, limited its jurisdiction to members?yes no If yes, is the jurisdiction General over all actions, or as to specific matters(please specify the subject matters):Part Five: TRIBAL CODESThe purpose of this Section is to provide information regarding any Tribal Codes that apply to practice inTribal Court.41. Does your tribe’s Constitution or Tribal Code contain a Bill of Rights? yes noIf yes, are copies available?42. Does your tribe have a written code? yes noIf yes, the code is based on:written customary lawa modern (Western-style) codeBoth customary law and modern (Western-style) codeState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project10

43. Is a copy of the tribal code readily available to any person who wants it? yes noIf yes, where can a copy be obtained?Name: Phone: Cost: $If no, please specify reason:44. Has the tribal code ever been comprehensively codified? yes noIf yes, when was the last time the tribal codified?Date:45. Please indicate which of the following are covered in your tribal code (check all that apply):FAMILY LAW (Domestic Relations)MarriageDivorceChild Support and EnforcementVisitationPaternityGuardianshipAbuse and NeglectOut of home placementChildren in Need of Supervision (CHINS)Adoption (including ICWA)Probate (Estate distributions)Domestic ViolenceElder ProtectionOther: __________________________________Other: __________________________________JUVENILE JUSTICEStatus offenses (curfew, truancy, underagepossession of alcohol, etc.)Non-status offenses (criminal)Other: ____________________________Other: ____________________________HOUSING AND LAND USEEvictionsHousing authority actionsTrespassLand assignmentsLand useLandlord-tenantGrazing/FarmingOther: ____________________________Other: ____________________________TRIBAL AFFAIRSEnrollmentTERO and other employment rightsElectionsVoter RegistrationEligibility to run for officeRecountsCampaign FinancingOther election disputesAppealsOther: ____________________________Other: ____________________________ENVIRONMENTALHousingBuildingSanitationSolid WasteWaterAirNoiseOther: ____________________________Other: ____________________________CIVIL COMMITMENTSState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook ProjectCRIMINAL LAWAssault and batteryHarassment and stalkingKidnappingTrespassProperty damageLarcenyExtortionEmbezzlementReceiving stolen propertyIllegal kickbacksMarital and familial offenses (e.g. bigamy, unlawfulcohabitation, incest)Sexual offenses (other than children as victims)11

Mental HealthSubstance AbuseJuvenile commitmentPhysical disabilityDevelopmentally disabled (severely retarded) orother disorder (stroke, persistent vegetative state)disabilityOther: ____________________________Other: ____________________________TRAFFICDWISpeedingReckless OperationDriver’s LicensesVehicle LicensesInsurance requirementsOther: ____________________________Other: ____________________________COMMERCIAL TRANSACTIONSContractsConsumer protectionCollection of debtsOther: ____________________________Other: ____________________________TORTSPersonal InjuryDefamation, libel, slanderAlcohol and other intoxicants (including selling,possession, bootlegging, trafficking, distributing, etc.)Homicide (murder & lesser offenses involving thedeath of a human being)Crimes against children & dependents, including sexcrimesBriberyPerjury and false affirmationsMalicious prosecutionConspiracy to commit a crimeWorthless checksWelfare fraudSecurities fraudRacketeeringElection fraud or interfering with electionsComputer crimes (e.g. computer access with intent todefraud or embezzle, unauthorized computer use)Controlled substances (e.g. drug selling, possession,distribution, trafficking, etc.)Crimes against public peace (e.g. disorderly conduct,unlawful assembly, rioting)Interference with law enforcement (e.g. resisting,evading, obstruction, assault, battery, refusing to aid,concealing identity, aiding a felon, escape from jail,assisting escape, bringing contraband into jail)Official misconduct (e.g. demanding or receivingillegal fees, making false vouchers, paying or receivingtribal money for services not provided)Other: ____________________________Other: ____________________________Other: ____________________________Other: ____________________________Other: ____________________________State Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project12

COURT PROCEDURESCriminal Court procedures (e.g. requirements forfiling a complaint, time limits for hearings andmotions, format for documents)Civil Court procedures (e.g. requirements for filinga petition or complaint, time limits for hearings andmotions, format for documents)Juvenile or Children’s Court procedures (e.g.requirements for filing a petition, time limits forhearings and motions, format for documents)Appellate Court procedures (e.g. requirements forallowing appeals, time limits, notice of appeal)Administrative Court procedures (e.g. fromdecisions made by tribal departments such as housing,personnel, land use & realty, environmental,membership, or elections board)Procedures for appeals from council (legislative)decisions.Code of Judicial or Professional ResponsibilityOTHER CODE PROVISIONS (Please specify):Other: ____________________________Other: ____________________________46. Has your tribe waived its immunity from suit in court? yes noIf no, go to question 46.If yes, please indicate which of the following applies:General WaiverLimited Waiver (check all that apply)For tort claims against the tribeFor civil rights claims against the tribeFor specific business activitiesAs to special tribal public agencies (e.g. housing authority)As to tribally-owned business enterprisesOther:Specific to:Tribal CourtFederal CourtState Court47. Is the civil jurisdiction of your tribe limited by any federal statute? yes noIf yes, please indicate the statute:State Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project13

Part Six: INTERGOVERNMENTAL RELATIONS48. Does your tribe, pueblo, or village have any agreements to RECEIVE services from or to usefacilities of a state, county, municipality, or other tribe? yes noIf no, go to question #48.If yes, please complete the following chart:Type of Service Type of Agreement Agreement is With:Cross DeputizationContractsOther formal agreementsInformal agreementsShelter CareContractsOther formal agreementsInformal agreementsTreatment/Counseling ContractsOther formal agreementsInformal agreementsDetention FacilitiesContractsOther formal agreementsInformal agreementsCorrection FacilitiesContractsOther formal agreementsInformal agreementsOther (Please Describe) ContractsOther formal agreementsInformal agreements49. Does your tribe, pueblo, or village have any agreements to PROVIDE services or the use offacilities TO a state, county, municipality, or other tribe? yes noIf no, go to question #49.If yes, please complete the following chart:Type of Service Type of Agreement Agreement is With:Cross DeputizationContractsOther formal agreementsInformal agreementsShelter CareContractsOther formal agreementsInformal agreementsTreatment/Counseling ContractsOther formal agreementsInformal agreementsDetention FacilitiesContractsOther formal agreementsInformal agreementsCorrection FacilitiesContractsOther formal agreementsInformal agreementsOther (Please Describe) ContractsOther formal agreementsInformal agreementsState Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project14

Part Seven: STATE & OTHER GOVERNMENTAL JURISDICTIONThe purpose of this Section is to provide information regarding jurisdiction that has been granted by yourtribe to any state or other governmental entity..50. Has any state government been granted jurisdiction over any portion of your reservation bytreaty, federal legislation, or tribal legislation? yes noIf yes, jurisdiction was granted by (Check all that apply, and describe briefly):Treaty:(Please specify and describe)Federal Legislation(P.L. 83-280 or other – pleasespecify and describe)Tribal Legislation(Please specify and describe)51. Is state jurisdiction limited? yes noIf yes, jurisdiction is limited to:Persons:(Please specify and describe)Subject Matter:(Please specify and describe)52. Does your tribe exercise concurrent jurisdiction with the state? yes noIf yes, concurrent jurisdiction is over:Persons:(Please specify and describe)Subject Matter:(Please specify and describe)53. Does your tribe receive services from the state and municipal governments, law enforcementand court systems under state jurisdiction? yes noIf yes, the services provided are the result of:Agreement or ContractFederal Court order or settlementThe services provided are: Law enforcement from State, County and Federal Officers.State Bar of NM Center for Legal EducationIndian Law Section Tribal Courts Handbook Project15