As of July 1, 2023, the Pueblo of Santa Ana is now compliant with the Tribal Law and Order Act and Violence Against Women Act. Santa Ana Tribal Court is now enforcing enhanced sentencing in all criminal cases. Please refer to Santa Ana Tribal Code Title 8 Article 43 for all details and information.
Hours and Address:
Office Hours: Monday – Friday 8:00 a.m. to 4:30 p.m.
Saturday and Sunday Closed
Address: 11 West Prairie Star Road Bernalillo, NM 87004
Tribal Court is held in the Judicial Complex Courtroom located directly across the rotunda of building entrance.
Map:
Welcome to Santa Ana Tribal Court
The Santa Ana Tribal Court is one of two courts within the Judicial Branch of the Pueblo of Santa Ana tribal government. As a court of general jurisdiction, the Contemporary Court hears many types of cases including but not limited to traffic, criminal, civil matters including probate, children and families in need of services, custody, child support, and civil disputes. The Pueblo of Santa Ana Contemporary Court has criminal jurisdiction over Indians enrolled in a federally-recognized tribe when the offense is committed within the boundaries of the Santa Ana Pueblo Reservation.
Court staff includes: the Contemporary Court Judge, a Judicial Director, a Court Clerk, a Deputy Court Clerk, two Probation Officers, a Public Defender, a Prosecutor, and a Healing to Wellness Program Manager. Court staff is prohibited from giving legal advice to any party. A list of attorneys and advocates licensed to practice in the Pueblo of Santa Ana is available upon request.
Latest Announcements:
Resolution No. 2024-R-06: Further Delaying Effective Date of Title IX (Motor Vehicle Code, 2022 Compilation) and Adopting Certain Sections of the New Mexico Motor Vehicle Code in Interim
Resolution No. 2023-R-36: Amending the Criminal Code and Amending the Liquor Code
Memorandum Re: Enaction of Santa Ana Tribal Code (July 1, 2023)
Resolution No. 2023-R-26: Resolution Approving Governor’s Office Memorandum No. 6 (COVID-19)
Child Support Enforcement Memo to the Community (March 9, 2023)
Court Forms:
- Civil Complaint
- Motion to the Court Form
- Response to a Motion to the Court
- Complaint for a Temporary Restraining Order
- Response to a Complaint for a Temporary Restraining Order
- Petition for Temporary Custody
- Petition to Establish Paternity, Set Child Support, or Child Custody
- Petition for Change of Name
- Petition and Application for Appointment as Executor of Estate
- Petition for Legal Separation
- Petition to Establish Enrollment
- Request for a Hearing
- Petition to Open Traditional Court Case
- Petition for Guardianship
- Power of Attorney
- Petition for the Domestication of a Foreign Order
Staff Information:
Contemporary Court Judge:
Tammi M. Lambert
Traditional Court Judge:
Lt. Governor Kevin C. Montoya
* Due to Ex Parte: Please do not contact the Judges directly about your case. You may contact the Court Clerk or the Judicial Director who will then assess your needs and re-route any non-ex parte calls to the Judges.
Judicial Division Director: VACANT
Court Clerk:
Janiece Garcia
(505)-771-6723
janiece.garcia@santaana-nsn.gov
Deputy Court Clerk:
Stormy Tuttle
(505)-771-6772
stormy.tuttle@santaana-nsn.gov
Tribal Prosecutor:
Sean Distor
(505)-549-2948
sean.distor@santaana-nsn.gov
Public Defender:
Eileen Baca-Penner
Office Hours: 08:30-11:30 M & W
(505)-463-0344
eileen.baca-penner@santaana-nsn.gov
Probation/Pre-Trial Officer:
VACANT
Healing to Wellness Program Program Manager:
Rosemary Manrique
(505)-771-6468
rosemary.manrique@santaana-nsn.gov
Santa Ana Tribal Court Weekly Docket
If you have any questions regarding the Court docket, please contact the Court Clerk’s office. The Court docket is subject to change due to continuances or other motions to the Court.
All Court hearings are in person. The Court will continue to conduct hearings Hybrid Zoom (Hybrid Zoom is when all parties are ordered to appear in person except the person who is unable to appear or has been exposed to COVID-19 emergency). Hybrid Zoom is only based on emergency filings.
If you need to request for a hearing to be conducted by Zoom Hybrid, please file a Motion form with the Clerk’s office for the Judge’s review.
All criminal trials are open to the public:
Attorney Requirements and Application
Per Rule 3. of the Rules of Procedure for the Contemporary Court;
- A person can file or defend a complaint in Contemporary Court by themselves. This is called pro se, which means that a person represents themselves.
- A person may also be represented by an attorney or advocate. All advocates and attorneys must be admitted to practice in the Santa Ana Courts before making a court appearance. The mandatory admission for and requirements is available from the Contemporary Court Clerk.
- Advocates must provide a certificate of advocate training. Attorneys must provide a certificate of good standing in at least one State Bar.
- Advocates and attorneys must be aware of the Pueblo, its laws and traditions and agree to abide by the Rules of Santa Ana Courts and their Orders.
An annual admission fee shall be set Court and must be paid before any appearance is made. The renewal of the admission fee is due every twelve (12) months from the date of admission.
Probation
Court Probation Officers serve the following functions as follows:
- Supervise adult and juvenile offenders under the Santa Ana Tribal Courts jurisdiction;
- Attend court hearings with prepared pre-dispositional status reports or violations of conditions of release/probation;
- Meet with families and perform assessments for the court in order to maintain compliance with all court mandates and conditions of release;
- Prepare and submit post-sentence violation, progress, discharge and other needed reports to the court regarding an offender’s progress and/or compliance with release;
- Prepare and maintain timely, well-organized case records and notes;
- Conduct investigations when required;
- Obtain evidence, prepare reports regarding violations and the service of warrants, arrest, detain and transport violators when required;
- Provide testimony, advice, and information about offenders to assist with court sentencing and probation violation hearings;
- May be required to supervise random drug testing, monitor employment history and performance, liaison with school administration, work closely with Tribal officials and Tribal Social Services representatives;
- Conduct house visits and work visits if necessary;
- Arrest violators, prepare all needed documentation, transport and book the offender(s);
- Work with other tribal, state, and federal Probation Officers in overseeing individuals on probation within Santa Ana Pueblo and individuals on probation from Santa Ana Pueblo living in other jurisdictions.
- Work with Santa Ana Social Services (SASS) to provide services for individuals under supervision;
- Participate in the Healing to Wellness Program and work jointly with SAPD, SASS, and the Court Judge in the supervision of clients assigned to the Healing to Wellness Program; and
- Participate in the development and formation of internal policies, forms, manuals, and standard operating procedures.
SUPERVISED PROBATION
The Judge may order supervised probation. When someone is placed on supervised probation, they will be required to meet with a probation officer who monitors the activities of the probationer. This may include daily or weekly calls to the probation officer, in-person meetings, random drug testing, random home visits and various other requirements. During the time a defendant is on probation they are required to refrain from the use of alcohol or drugs, they must obey all laws, federal, state, and tribal. Picking up new charges may constitute a probation violation. A probation violation can result in the revocation of probation and the probationer may be required to spend the remainder of the probation period incarcerated.
UNSUPERVISED PROBATION
Unsupervised probation does not require that you meet regularly with a probation officer. However, the judge will impose restrictions on the probationer. A violation of those restrictions while on unsupervised probation can also constitute a probation violation and the probationer may also be required to spend the remainder of the probation period incarcerated.
Community service is “Service to the Community.” The hours worked doing community service are valued at the determination of the Judge. The Probation Office monitors the hours of community service completed and will provide a copy of the logged hours to the Court. There are a number of ways to perform community service around the Pueblo and can be discussed with the probation officer.
Public Defender’s Office
In the Santa Ana Pueblo Contemporary Court, the position of Public Defender is an attorney who represents the Defendant in cases in which he/she is assigned. The Public Defender has wide discretion in the way a case is handled. The Public Defender is called to handle cases when the Contemporary Tribal Judge determines that the Defendant is in need of representation. The Public Defender will abide by the requirements set forth in the contract between himself/herself and the Pueblo of Santa Ana and by the Standard Operating Procedures created for the Public Defender’s Office.
Upon the Defendant’s first appearance they will be given an opportunity to have a Public Defender assigned, or represent themselves (Pro Se), or hire an attorney of their own choosing. If the Defendant choose to hire an attorney, the attorney must be or become licensed to practice law in the Pueblo of Santa Ana Tribal Court. The attorney application for admission is on our website.
The cost of the license is $100.00.
Clients or any potential clients may drop by anytime between 8:30am and 11:30am on Mondays and Wednesdays. Please see a Court Clerk and they will notify the Public Defender. You do not need an appointment to meet with the Public Defender, however, if more than one person shows up, persons will be seen on a first come first serve basis. If these times do not work or the Public Defender is in court, you can call (505)-463-0344 to schedule an appointment and assure she will be available to see you.
Prosecutor’s Office
In the Santa Ana Pueblo Contemporary Court, the position of Prosecutor is an attorney who represents the Pueblo in the prosecution of criminal and traffic case, as well as, civil case in which the Pueblo is the victim. The prosecutor has wide discretion in the way a case is handled. In many respects the prosecutor has more discretion in the way cases are handled than the judge. The Prosecutor is called to handle cases for the Pueblo of Santa Ana. The Prosecutor is to work hand and hand with the Santa Ana Police Department. The Prosecutor will abide by the requirements set forth in the contract between himself/herself and the Pueblo of Santa Ana and by the Standard Operating Procedures created for the Prosecutors Office.
Healing to Wellness Court
The Santa Ana Healing to Wellness Court seeks to reduce recidivism among non-violent offenders by actively supporting the community members to live healthy, spiritual, sober lifestyles and to be caring positive role models for future generations. The program provides consistent and ongoing structure so the participant will benefit from the treatment experience. The Healing to Wellness Court is doing this by bridging partnerships with service providers and community resources to effectively address the needs of court involved substance abusing adults. The goal of the program is to help participants develop skills necessary to overcome the effects of addiction, to improve their lives with the development of responsible behaviors, and to focus on the overall wellbeing of the participants. The program is designed to help participants to overcome drug and alcohol related problems. The Healing to Wellness Court provides, coordinated court supervised therapeutic programs and support designed to help individuals get free of alcohol and drugs and helps the participants reconnect with family, community, and their cultural practices.
Bailiff/Civil Service/Transport
The Court Judicial Officer’s duties include the following:
- Prepares the courtroom security for arraignments, hearings, and trials;
- Opens and closes the court; announces entrance of the presiding judge; calls witnesses; maintains order during court session and removes persons violating the orderliness of the court at the direction of the presiding judge;
- Performs a wide variety of support tasks for the court; assists jurors, witnesses, attorneys and others, according to established guidelines, policies, procedures, statues, rules, and administrative orders;
- Maintains court security by providing protections to all participants;
- Ensures courtroom security readiness for court proceedings; directs parties to the proper area; and secures courtroom at the end of the day;
- Screens all persons entering the courtroom for weapons visually and with a hand-held scanner when available;
- Provides security and order in the courtroom and in the hallways during arraignments and trials;
- Escorts jurors to and from the jury room and secures jurors in jury room during jury trials;
- Assures proper conduct of parties and observers present in the courtroom to keep noise level at a minimum, and if necessary, to escort offenders out of the courtroom;
- Process and serve all court issued paperwork within the Pueblo to include Contemporary Court; Court of Appeals; and Children’s Court to outside jurisdictions (Sandoval County, Bernalillo County, Rio Arriba County, other tribal jurisdictions, etc.)
- Takes into custody and transport to jail any person(s) found to be in contempt of court or defendant(s) remanded to confinement.
- Transport all prisoners to and from Court as well as any other Court ordered appointment deemed necessary (medical appointments and mental evaluations);
- Pick up or transport prisoners from or to other detention centers, treatment facilities, or mental health facilities;
Ordinances, Laws, Codes, and Rules
- 25 U.S. Code § 1302: Constitutional Rights
- Adopted NMSA 1978 Chapter 66
- Resolution No. 2024-R-06 Further Delaying Effective Date of Title XI (Motor Vehicle Code, 2022 Compilation)
- Resolution No. 2023-R-34 Further Delaying Effective Date of Title IX (Motor Vehicle Code) [INACTIVE]
- Resolution No. 2023-R-05 Authorizing Uniform Citation to Constitute a Criminal Complaint
- Resolution No. 2023-R-04 Setting Effective Date for Certain Sections of Santa Ana Tribal Code (2022 Compilation) [ONLY APPLIES TO CHAPTER 66 MOTOR VEHICLE CODE]
- Resolution No. 2016-R-67 Clarify Adoption of Criminal Citations [ONLY APPLIES TO CHAPTER 66 MOTOR VEHICLE CODE]
- Resolution 2023-R-39 Approving and Adopting Santa Ana Tribal Code 2022 Compilation
- Resolution 2023-R-36 Amended Criminal Code and Liquor Code
- PSA Code – Title 1 General Provisions
- PSA Code – Title 2 Government Organization and Operation
- PSA Code – Title 3 Membership and Enrollment
- PSA Code – Title 4 Taxation
- PSA Code – Title 5 Tribal Judiciary
- PSA Code – Title 6 Rules of the Contemporary Court
- PSA Code – Title 7 Law Enforcement
- PSA Code – Title 8. Criminal Code
- PSA Code – Title 10 Children’s Code
- PSA Code – Title 11 Civil Actions
- PSA Code – Title 12 Probate
- PSA Code – Title 13 Family Law
- PSA Code – Title 14 Property Law
- PSA Code – Title 15 Health-Environment Code
- PSA Code – Title 16 Cultural-Natural Resources
- PSA Code – Title 17 Regulation of Business and Commerce
- PSA Code – Title 18 Civil Rights
- PSA Code – Title 19. Labor and Employment
- PSA Code – Title 20 Water Use and Management
- Resolution 2023-R-06: Approving Governor’s Office Memorandum No. 05 RE: COVID-19 Rules and Protocols
- Resolution 2022-R-30: Approving Governor’s Memorandum No. 4 (INACTIVE)
- Resolution 2022-R-20: Approving Governor’s Office Memorandum No. 3 (INACTIVE)
- Memo from Governor’s Office (May 3, 2022)
- Tribal Resolution 2022-R-13 (May 3, 2022)
- State of Emergency Order (2020 – INACTIVE)
- Administration Order 2020-1
- Resolution 2020-R-14 Executive Order Regarding COVID-19
- COVID-19 Color Code Chart 9 (INACTIVE)
- Memo from Governor’s Office (November 14, 2020)
Domestication Process
Resolution No. 07-R-54 Rule 12: COOPERATION WITH OTHER COURTS AND JURISDICTION
- The Contemporary Court shall serve as the Santa Ana Trial Court for the purpose of ruling on requests from other jurisdictions for issuance of arrest warrants, extradition, search warrants, writs, order of repossession or attachment, proceedings, and adjudications that arise under the Indian Child Welfare Act, and such other matters that may arise between sovereign judicial systems.
- Any warrant, service of process or any other court order from another jurisdiction must be provided to the Contemporary Court for domestication. If the Contemporary Court determines it is proper and appropriate, the order shall be served but the Pueblo Law Enforcement must accompany the service.
- You can provide all domestication requests to the Court Clerk’s Office.
Uniform Bond Schedule
BAIL BOND NOTICE
Criminal Rule 6-3-401 of the Pueblo of Santa Ana (PSA) Rules of Procedure for the Contemporary Court, adopted by Resolution No. 2022-R-39, creates the authority for the Pueblo of Santa Ana Contemporary Courts to set and post bail or bond and conditions of release as it deems appropriate, fair, and just. Pursuant to this authority, the Court hereby sets a schedule for the amount of bail for traffic offenses and other offenses that are cited into the Pueblo of Santa Ana Contemporary Court. Such bail schedules shall not govern when a person charged appears before the Pueblo of Santa Ana Court, or when the defendant’s case is reviewed by the Court. The bail schedules are advisory only, and the Court may raise, lower, or eliminate the bail amount at the Court’s discretion, based upon the circumstances of that particular case.
Unless the Pueblo of Santa Ana Court has issued a countervailing order, the bail bond for specific alleged offenses pending arraignment or trial shall be as outlined below:
PUEBLO OF SANTA ANA BOND SCHEDULE | |
Violent Crimes | |
Murder | No bond hold |
Aggravated Assault/Battery | $1000.00 |
Battery | $750.00 |
Assault/Battery Against Household Member | $1500.00 |
Property Damage | |
Criminal damage under $1000.00 | $250.00 |
Criminal damage over $1000.00 | $500.00 |
Motor Vehicle | |
Driving While License Suspended or Revoked | $500.00 |
DWI 1st | $500.00 |
DWI 2nd | $750.00 |
DWI 3rd | $1000.00 |
DWI 4TH (+) | $2500.00 |
Sexual Offenses | |
Criminal Sexual Penetration | No Bond |
Criminal Sexual Contact of a Minor | No Bond |
Sexual Exploitation of Children | No Bond |
OTHER (If not specifically listed, above) | |
If the charge is listed as a 1st Class crime in the PSA Codes or a 1st degree felony in New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | No Bond |
If the charge is listed as a 2nd Class crime in the PSA Codes or a 2nd degree felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | $2500.00 |
If the charge is listed as a 3rd Class crime in the PSA Codes or a 3rd degree felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | $1000.00 |
If the charge is listed as a 4th Class crime in the PSA Codes or a 4th degree felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | $750.00 |
If the charge is listed as a 5th Class crime in the PSA Codes or a misdemeanor in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | $500.00 |
If the charge is listed as a 6th Class crime in the PSA Codes or petty misdemeanor in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 66 only) | $250.00 |
Method of posting bond:
- The Santa Ana Pueblo Court accepts cash bail bond only. The defendant must deposit an amount in cash equal to the bail bond.
- The bail bond may be posted at the Sandoval County Detention Center if the defendant is incarcerated at that facility and/or payment is being processed after hours. Acceptable forms of payment at the detention center are limited to money orders or cashier’s check made payable to the Pueblo of Santa Ana.
- The bail bond may also be paid at the Santa Ana Judicial Complex with a Court Clerk located at 11 West Prairie Star Road, Santa Ana Pueblo, New Mexico. All bond payments will be processed by the Pueblo’s Accounting Department. The Santa Ana Pueblo Accounting Office is generally open during regular business hours, but may have irregular closures due to tribal holidays, personnel availability, etc. The Santa Ana Pueblo Accounting Department will accept cash payments, money orders, or cashier’s check for appearance bonds.
Payment to Tribal Court
In-Person Payments
All in-person payments for fines and fees are made to the Pueblo of Santa Ana Tribal Court at:
Santa Ana Tribal Court
11 West Prairie Star Road
Bernalillo, NM 87004
All in person payments can be made by credit card, exact cash or money order.
Payments Made by U.S. Mail
You can mail in a money order payment through the U.S. Mail to:
The Pueblo of Santa Ana (Tribal Court)
11 W Prairie Star Road
Bernalillo, NM 87004
Please include the case number and/or copy of the citation with the money order.
The court will forward your money order to the tribal finance department and once the receipt is prepared, we will mail you the original receipt and record the payment in your case records.
Marriage Solemnizations
Pursuant to the Rules of Procedure for the Contemporary Court, the Pueblo of Santa Ana Tribal Council has determined that the Contemporary Court has jurisdiction over all matters and parties which lawfully fall within the jurisdiction of the Pueblo of Santa Ana. The Pueblo of Santa Ana Contemporary Tribal Court Judge has the authority to perform civil, non-traditional marriage ceremonies for enrolled members of the Pueblo of Santa Ana living within the jurisdiction of the Pueblo of Santa Ana.
Prior to making the request and scheduling a civil marriage ceremony, you will need:
- A Marriage License obtained from the Sandoval County Clerk’s office.
SCHEDULING
Contact the Pueblo of Santa Ana Contemporary Court Deputy Clerk, Janiece Garcia, at (505) 771-6723 or email janiece.garcia@santaana-nsn.gov for available dates. When you call, please provide the following information:
- Full name of Groom(s);
- Full name of Bride(s);
- Desired wedding time and date;
- Phone number of bride(s)/groom(s); and
- Email addresses.
ON THE DATE OF MARRIAGE, you will need to bring the following:
- Photo identification for both parties; and
- Two witnesses (must be 18 or older); The Court does not provide witnesses