TITLE 3. JUDICIAL SYSTEM

CHAPTER 1 – 19 PUEBLOS DISTRICT COURTS

Section 3-1-1.               Title.

This chapter may be cited as the "19 Pueblos District Courts Ordinance."

Section 3-1-2.               Definitions.

For purposes of this title:

District Court means the CFR Court authorized by the Governing Council to exercise judicial jurisdiction over the District, as specified in this chapter. Also referred to as “19 Pueblos District Court”.

Entity means a corporation, limited liability company, firm, partnership, joint venture, un- incorporated association, estate, trust, or other entity, whether or not organized or operated on a for-profit or not-for-profit basis, and any governmental entity, agency, department, or political subdivision.

CFR Court means the Court of Indian Offenses identified in 25 CFR § 11.100 for the 19 Pueblos Property,  and consists of a Trial Division and an Appellate Division per 25 CFR §11.200(a).

District means the 19 Pueblos District.

Indian means a person who is a member of an Indian tribe which is recognized by the United States government as eligible for services from the Bureau of Indian Affairs, and any other individual who is Indian for the purposes of 18 U.S.C. §§ 1152-1153.

Indian entity means a business entity that is owned at least fifty-one (51) percent by (a) one or more federally-recognized Indian tribe, or (b) another entity that is owned at least fifty-one (51) percent by one or more federally-recognized Indian tribe, or (c) members of one or more federally-recognized Indian tribe. Indian entity also includes any political subdivision or governmental department, agency or entity of one or more federally-recognized Indian tribe.

Section 3-1-3.    General Civil Jurisdiction.
  1. Scope. This section applies to civil actions and proceedings other than the administrative appeals described in section 3-1-4.A. below.

  2. Territorial Jurisdiction. This section applies to all lands that are subject to the Charter of the 19 Pueblos District, as in effect at the time a judicial proceeding is initiated pursuant to this section.

  3. Designated Court. The CFR Court is granted civil jurisdiction over the parties and civil actions and proceedings described in this section.

  4. Personal Jurisdiction. Subject to any defense of sovereign immunity available to a party, the CFR Court is granted civil jurisdiction over the following persons, only in connection with an action over which the CFR Court has subject matter jurisdiction pursuant to section 3-1-3.G:

    1. Any defendant who is an Indian or an Indian entity.

    2. Any defendant if another defendant or any plaintiff is an Indian or an Indian entity.

    3. Any plaintiff if any defendant is an Indian or an Indian entity.

    4. The District in the capacity of plaintiff or defendant, including any person acting in an official capacity on behalf of the District.

    5. Any entity with a permanent place of business in the District that is named as a defendant in an action brought by the District to enforce the District Code of Ordinances.

    6. Any entity that transacts any business or other activity in the District that is named as a defendant in an action brought by the District to enforce the District Code of Ordinances.

    7. Any natural person or entity that consents to the court’s jurisdiction.

  5. Sovereign Immunity. Nothing in this chapter constitutes a waiver of sovereign immunity by the District or by any of the Participating Pueblos or by any entity owned by any or all of the Participating Pueblos or by any other person or entity having the right to assert sovereign immunity.  Any waiver of sovereign immunity must be established by clear and convincing evidence of an express waiver by the party sued.

  6. Federal and State Officials. The jurisdiction of the CFR Court shall not extend to any federal or state employee acting within the scope of his/her employment.

  7. Subject Matter Jurisdiction. The CFR Court is granted subject matter jurisdiction over the following actions and proceedings:

    1. All actions in which the District, Indian Pueblos Marketing, Inc., Indian Pueblos Cultural Center, Inc., or any of their subsidiary entities is a named defendant or a real party-defendant in interest or an indispensable party-defendant for matters arising or occurring within the District.

    2. All actions brought by the District or an authorized official of the District in connection with enforcement of the District Code of Ordinances.

    3. All actions arising in the District.

  8. Substantive Law. In all actions and proceedings conducted under this section the CFR Court:

    1. shall apply the substantive law of the 19 Pueblos District unless application of that law is preempted by federal law;

    2. is authorized to decide what the common law of the 19 Pueblos District is, as necessary to decide a case pending before the court;

    3. is authorized to consider the common law principles of tribal and state law in other jurisdictions as appropriate to render a fair decision in a case pending before the court.
Section 3-1-4.    Judicial Review of Administrative Actions
  1. A.    Scope. This section applies to the following provisions of the District Code of Ordinances authorizing the CFR Court to review an action or decision of an District official:

    1. Appeals from Tax Office decisions and orders pursuant to section 2-1-16;

    2. Appeals of business registration suspensions, revocations, and civil penalties pursuant to section 1-2-12.D and section 1-2-13.D;

    3. Any other appeals of administrative actions identified by ordinance or resolution adopted by the Governing Council.

  2. Designated Court. The CFR Court is granted jurisdiction to decide appeals of the administrative actions identified in section 3-1-4.A.

  3. Exhaustion of Administrative Remedies. The CFR Court shall have jurisdiction under this section only if the person initiating the appeal has first exhausted all administrative remedies provided by the District Code of Ordinances.

  4. Procedural Rules. Appeals conducted under this section shall be governed by the procedural rules of the CFR Court – Appellate Division unless otherwise provided in section 2-1-16.

  5. Finality of Decision. The decision of the CFR Court – Trial Division in any matter under this section shall be final and not subject to any further appeal or review by any court, including the CFR Court – Appellate Division.
Section 3-1-5.        Criminal Jurisdiction.
  1. Designated Court. The CFR Court is granted criminal jurisdiction over the offenses described in this section.

  2. Territorial Jurisdiction. This section applies to all lands that are subject to the Charter of the 19 Pueblos District, as in effect at the time a criminal offense is committed.

  3. Indian Defendants. The criminal jurisdiction of the CFR Court shall be limited to Indian defendants.

  4. Criminal Offenses. The CFR Court shall have jurisdiction over the criminal offenses defined in 25 CFR Part 11 Subpart D as it may exist from time to time, which are offenses incorporated in this section by this reference, provided that the District may enact criminal ordinances that are enforceable by the CFR Court in accordance with 25 CFR §11.108.

  5. Criminal Procedure. The rules of criminal procedure contained in 25 CFR Part 11 Subpart C shall apply to the CFR Court in all criminal proceedings under this section, provided that the District may enact rules of criminal procedure to be applied by the CFR Court in accordance with 25 CFR §11.108.
Section 3-1-6.        Appellate Jurisdiction.
  1. Scope.  This section applies to all appeals from final orders and judgements of the CFR Court – Trial Division, except for the administrative matters identified in section 3-1-4.

  2. Designated Court.  The CFR Court is granted appellate jurisdiction over the matters and proceedings described in this section.

  3. Procedural Rules. Appeals conducted under this section shall be governed by the procedural of the CFR Court – Appellate Division contained in 25 CFR Part 11 Subpart H.