Tribal Court

Currently all tribal court hearings will be held through Zoom video conference.
For a specific hearing access link contact Janiece Garcia or Danny Joseph.

Hours, Address, Map

Office Hours:       Monday -Friday             8:00 am to 4:30 pm

                             Saturday and Sunday      Closed

Address:               02 Dove Road

                             Santa Ana Pueblo, NM 87004

                             Tribal Court is located within Tribal Administration Building

 

The Courts of Santa Ana

The Courts of Santa Ana

Santa Ana’s court was originally traditional court headed by the Lt. Governor, who is the Chief Traditional Court Judge and the Governor is the Traditional Appeals Court. In 1992, the Pueblo of Santa Ana Tribal Council, by resolution, bifurcated its judiciary and established the Contemporary Court. The Contemporary Court’s subject matter jurisdiction is determined by federal law, Santa Ana legislation, and ordinances enacted by the Tribal Council.

In 2007, by Resolution No. 07-R-54, the Santa Ana Tribal Council enacted the Santa Ana Rules of Procedure for the Contemporary Court. This law clearly outlines the jurisdiction of the Contemporary Court and of the Traditional Court. The Traditional Court has exclusive jurisdiction over traditional land assignments, traditional adoptions, traditional problems for which a criminal complaint is not filed, and matters related to traditional activities. The Contemporary Court cannot hear disputes related to these traditional matters. The Contemporary Court maintains a dual-court judiciary system; the Court handles both civil and criminal (adult and juvenile) cases. The Contemporary Court has exclusive jurisdiction over criminal cases. Criminal cases are those defined by criminal statute and are contained in a criminal complaint. The Traditional Court cannot hear criminal cases.

There are times when a matter involves both Traditional Court Issues and Contemporary Court issues. In those cases, the Contemporary Court will send the case to Traditional Court. An example of this is when an offender would need to be temporarily released from detention to fulfil mandatory traditional duties.

The Santa Ana Court of Appeals Rules were adopted by Resolution No. 07-R-16 on May 24, 2007. The Court of Appeals is comprised of a panel appointed by Tribal Council, or the entire Council itself. The Court of Appeals can hear civil and criminal cases appealed from the Contemporary Court. The Court of Appeals can affirm or overturn orders of the Contemporary Court, remand the case to the Contemporary Court with specific instructions, or require a new hearing. The Court of Appeals does not function as a trial court to rehear a case on appeal.

The Contemporary Court (hereinafter, “Court”) consists of a Court Administrator, a Deputy Clerk, Healing to Wellness Case Manager, Probation Officer, Judicial Officer, Public Defender, Prosecutor, and a Judge. The Judge is a law-trained Judge, and a member of the bar of the State of New Mexico. The Pueblo holds Court three days per week (Monday, Wednesday, and Friday).

Contemporary Court

  1. Per Rule 1(d) of the Rules of Procedure for the Contemporary Court;

 “The Contemporary Court has exclusive jurisdiction over all criminal cases. Criminal cases are those defined by criminal statute and contained in a criminal complaint. Traditional Court cannot hear criminal cases.”

  1. The Contemporary Court oversees the following courts:
  2. Criminal Court;
  3. Traffic Court;
  4. Civil Court;
  5. Children’s Court;
  6. Family Law Court;
  7. Healing to Wellness Court;
  8. Workmen’s Compensation Court; and
  9. Probate Court.

Traditional Court

  1. The Judge of the Traditional Court is the Lt. Governor.
  2. A person wanting to file a Traditional Case will still file it through the Court Clerk’s Office. The Clerk’s will prepare the case and inform the Lt. Governor of the case.
  3. Per Rule 1 of the Rules of Procedure for the Contemporary Court;

 “The Contemporary Court can hear all criminal matters and civil matters unless the matter is the exclusive jurisdiction of the Traditional Court.”

 The Traditional Court has exclusive jurisdiction over 4 issues and the Contemporary Court cannot hear disputes related to these issues.

 The 4 issues are;

                   a. Traditional land assignments;

                   b. Traditional adoptions;

                   c. Traditional problems for which a criminal complaint is not filed; and

                   d. Matters related to traditional activities.

The Court of Appeals for Contemporary Court is overseen by the Governor

  1. After a Contemporary case is concluded and the final order is issued from the Contemporary Court either party has 30 days to file an appeal through the Court Clerk’s Office.
  2. A Copy of the Appeal is given to the Governor. Per the Rules of the Appeals Court the Governor will take the Appeal to Council. The Council will either hear the appeal or appoint a group of five members of the council to become the Appellate Judges.

The Court of Appeals for Traditional Court.    

The Court of Appeals for Traditional Court is the Governor.

Staff / Contact Information

Contemporary Court Judge *                                             Traditional Court Judge
Tammi M. Lambert                                                              Lt. Governor Joseph Sanchez

*Due to Ex Parte issues please do not attempt to contact the Judge about your case. Please contact the Deputy Court Clerk or the Court Administrator who will assess your needs and route any non-ex parte calls to the Judges.

Court Administrator
Danny Joseph
danny.joseph@santaana-nsn.gov
505-771-6735

Deputy Court Clerk
Janiece Garcia
janiece.garcia@santaana-nsn.gov
505-771-6723

Public Defender
Philip P. Chandler
public.defender@santaana-nsn.gov
505-771-6451

Prosecutor
D’Marcos Devine
dmarcos.devine@santaana-nsn.gov
505-771-6735(Courts) or 505-771-6730(SAPD)

Healing to Wellness Manager
Rosemary Manrique
rosemary.manrique@santaana-nsn.gov
505-771-6468
Cell 505-220-8062

Probation Officer
Robert Holguin
robert.holguin@santaana-nsn.gov
505-771-6465
Cell 505-239-6761

Court Judicial Officer
John Dickerson
john.dickerson@santaana-nsn.gov

505-771-6740

Probation

Santa Ana Police Department (SAPD)/ Court Probation Officers serve the following functions as follows:

 

  1. Supervise adult and juvenile offenders under the Santa Ana Tribal Courts jurisdiction;
  2. Meet with families and perform assessments for the court in order to maintain compliance with all court mandates and conditions of release;
  3. Conduct pre-sentence investigations, risk/need assessments, transfer investigations, chemical use screens, domestic violence/sex offender screens.
  4. Attend court hearings, prepare pre-dispositional reports, and file of motions for violations of court-imposed conditions of release;
  5. 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;
  6. Prepare and maintain timely, well-organized case records and notes;
  7. Conduct investigations when required;
  8. Obtain evidence, prepare reports regarding violations and the service of warrants, arrest, detain and transport violators when required;
  9. Provide testimony, advice, and information about offenders to assist with court sentencing and probation violation hearings;
  10. 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;
  11. Conduct house visits and work visits if necessary;
  12. Arrest violators, prepare all needed documentation, transport and book the offender(s);
  13. 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.
  14. Work with Santa Ana Social Services (SASS) to provide services for individuals under supervision;
  15. 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
  16. Participate in the development and formation of internal policies, forms, manuals, and standard operating procedures.

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.

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. 

 

 

Civil Processing/ Court Security/ Bailiff

The Court Judicial Officer’s duties include the following:

  1. Prepares the courtroom security for arraignments, hearings, and trials;
  2. 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;
  3. 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;
  4. Maintains court security by providing protections to all participants;
  5. Ensures courtroom security readiness for court proceedings; directs parties to the proper area; and secures courtroom at the end of the day;
  6. Screens all persons entering the courtroom for weapons visually and with a hand-held scanner when available;
  7. Provides security and order in the courtroom and in the hallways during arraignments and trials;
  8. Escorts jurors to and from the jury room and secures jurors in jury room during jury trials;
  9. 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;
  10. Takes into custody and transport to jail any person(s) found to be in contempt of court or defendant(s) remanded to confinement.
  11. Transport all prisoners to and from Court as well as any other Court ordered appointment deemed necessary (medical appointments and mental evaluations);
  12. Pick up or transport prisoners from or to other detention centers, treatment facilities, or mental health facilities;
  13. Perform all the duties of Civil Processing for all the courts issuing court paperwork within the Pueblo to include Tribal Courts (Contemporary, Traditional, Appeals, and Children’s Court), Sandoval County Magistrate Court, and Sandoval County District Court.

Courtroom Rules and Protocols

The dignity of the Court is always to be respected and maintained. Everyone, unless physically challenged, must rise when the judge enters and remain standing until the presiding judge or the Court Officer invites everyone to be seated. Similarly, when court adjourns, everyone stands in place until the judge is no longer visible. Counsel may address the Court when invited to do so. Only litigants and counsel associated with the case being argued may address the Court, unless a judge directs otherwise.

Attire for counsel and spectators should be appropriate and respectful for the dignity of the Pueblo of Santa Ana Tribal Court.

NO CHILDREN in courtroom unless permitted by the judge.

The following items are prohibited in the courtroom and adjacent lobby area:

  • Recording or broadcasting devices;
  • Cameras, including those contained in computers and other electronic devices;
  • Food, gum chewing, and drink (except for the water provided at the counsel table);
  • Computers (except for those to be used by counsel in argued cases);
  • Phones must be turned off;
  • NO Talking or Reading in Gallery;
  • Inappropriate facial gestures or exaggerated gesticulating is forbidden;
  • Repeated entrances and departures are to be avoided;
  • Doorways and passageways should be kept clear at all times;
  • No weapons of any sort with the exception of the Bailiff and Law Enforcement; and
  • NO shorts, hats, sunglasses, tank tops, or any type of inappropriate clothing.

 Courthouse Security Screening Process

All persons entering a courthouse must undergo security screening, which may include searching of all persons, clothing, packages, purses, briefcases and any other containers. Metal detecting hand wands/ scanners may be used to scan everyone who enters the facility.

Prohibited items that are not illegal to possess MUST be returned to the individual’s vehicle. Please ensure that you do not bring any items that are not appropriate.

The procedures outlined above can cause short delays on busy days. Visitors should plan to arrive a few minutes early, to avoid being late for scheduled court proceedings. Please understand that these procedures are for your safety, and the well-being of everyone who visits and works in our facility.                                    

Thank you for your cooperation.

Ordinances, Laws, Codes, and Rules

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.

Attorney Application for Admission

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.

Uniform Bond Schedule

BAIL BOND NOTICE

Criminal Rule 5 of the Pueblo of Santa Ana Rules of Procedure for the Contemporary Court, adopted by Resolution No. 07-R-54, 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 Degree Felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 66 only)

No Bond

If the charge is listed as a 2nd Degree Felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 66 only)

$2500.00

If the charge is listed as a 3rd Degree Felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 66 only)

$1000.00

If the charge is listed as a 4th Degree Felony in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 66 only)

$750.00

If the charge is listed as a Misdemeanor in the New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 66 only)

$500.00

If the charge is listed as a Petty Misdemeanor in New Mexico Statutes Annotated 1978 (NMSA) (Chapter 30 or 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 100% of the bail bond. 
  • The bail bond may be posted at the Sandoval County Detention Center, if the defendant is incarcerated at that facility. Acceptable forms of payment are limited to money orders made payable to the Pueblo of Santa Ana. The Santa Ana Pueblo Accounting Department will accept cash and money orders payments for appearance bonds.
  • The bail bond may NOT be posted at the Cibola County Correction Center. The bail bond must be paid to the Pueblo of Santa Ana, as indicated below. 
  • The bail bond may also be paid at the Santa Ana Pueblo Accounting Department, located at 02 Dove Road, Santa Ana Pueblo, New Mexico.  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.

Court Forms

Payment to Tribal Court

In-Person Payments

 

All in-person payments for fines and fees are made to the Pueblo of Santa Ana Finance Department at:

 

02 Dove Road
Santa Ana Pueblo, NM 87004

 

All in person payments will be made either by cash or money order. The Court does not accept checks or payment by credit card. Money Orders are to be made payable to:

 

The Pueblo of Santa Ana.

 

The Pueblo of Santa Ana Finance Department hours of operation are:

 

            Monday thru Friday
            8:00 am to 3:00 pm

Once you have made your payment at the finance department you will receive a receipt for your payment. You are required to provide a copy of the receipt to the court clerk after you have made your payment. If you fail to provide a copy to the court your payment may not be credited to your case. This may result in your case not being closed, and you may be issued another notice of hearing to determine whether you are in contempt of court.

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)
            02 Dove Road
            Santa Ana Pueblo, NM 87004

Please included 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.

Preparing for Criminal Court

If you have ever been arrested or a loved one has been arrested, you probably have many questions and concerns. Is there a bond? When will the bond be set? What is the process to post bond? What options are there when the bond is too high and can’t be met? What happens next? What is an arraignment? What documents should be reviewed before an arraignment? What happens at an arraignment? Are the proceedings open to the public? What happens after my arraignment?

This provides answers to many of these procedural questions.

 WHAT IS A CRIMINAL CASE?

 Generally speaking, a criminal case is any action whereby the defendant is accused of violating criminal laws.  The Pueblo has adopted the criminal laws found at 25 Code of Federal Regulations Part 11, Chapters 30 (Criminal Code) and Chapter 66 (Traffic Code) of the New Mexico Statutes Annotated, and other Ordinances passed by Tribal Council. The Pueblo of Santa Ana laws, ordinances, and rules of procedure can be found on the tribal court website. When a police officer files a Criminal Complaint, Criminal Summons, a Statement of Probable Cause, or an Affidavit for Arrest Warrant, the Complaint will make reference to the Section of the Law and Ordinance Code that the Defendant is alleged to have violated.

 FOLLOWING AN ARREST

 The Judge will review the Criminal Complaint and Statement of Probable Cause filed with the Court by the arresting law enforcement officer. The Uniform Pueblo of Santa Ana Bond Schedule is used for setting bond at time of arrest.  At arraignment the Judge will look at the nature and circumstances of the offenses, the character, previous criminal record, and place of residence of the accused. The Judge will take into consideration the crime(s) charged, maximum penalties, a violation of previous court mandated probation orders, and among other things, flight risk. The Judge will then modify or leave the bond or order the release of the defendant on their own recognizance, Electronic Monitoring Services or to a Third-Party Custodian.

HOW DO I POST BOND?

A bond may be posted at the Tribal Finance Office (cash or money order only) and a copy will be given to the Court. This may be done during regular business hours only.

Bond also can be posted at the Sandoval County Detention Center (money order only) anytime.

After paying bond, but before release, the defendant must sign a Conditions of Release and Bond Form. This is to ensure the defendant is informed of all the conditions he/she is agreeing to upon release from jail. Any individual posting bond for a defendant must understand that any Bond paid may not be refundable if the defendant fails to appear for hearings or does not comply with Conditions of Release. A receipt will be issued to the individual posting Bond.

If you are not able to post bond, you will remain incarcerated until your scheduled arraignment date.

WHAT HAPPENS AT ARRAIGNMENT?

  • All criminal hearings, including arraignments, are public hearings conducted in the Courtroom. All adults are permitted to attend.
  • The Judge will establish jurisdiction over the defendant by confirming from the documents submitted that the defendant is a member of a federally recognized tribe.
  • The Judge will determine if there is Probable Cause for Arrest and/or Criminal Complaint.
  • The Judge will confirm that the defendant has had the opportunity to review the Criminal Complaint and Statement of Probable Cause.
  • The Judge will read the defendant their rights and the defendant will have the opportunity to ask any questions regarding their rights.
  • The Judge will read the charges that the defendant has been charged with and will explain the maximum penalty that can be imposed for each crime if found guilty of those crimes.
  • The Judge will then ask the defendant to enter a plea of Guilty, Not Guilty or No Contest to each of the charges. A Not Guilty Plea moves the case forward to the Pretrial Hearing. A Guilty or No Contest Plea moves the case forward to the sentencing phase.
  • If the defendant enters a Guilty Plea or a No Contest Plea the defendant will have to describe his/her actions when he/she committed the crime or infraction. The Judge may not accept a Guilty Plea or No Contest Plea if the Defendant will not describe the offense committed. The Court has a responsibility to ensure that people are only convicted for crimes they actually committed.

DO I NEED TO BE REPRESENTED BY AN ATTORNEY?

Upon the Defendant’s first appearance they will be given an opportunity to have a Public Defender assigned, or represent themselves (ProSe), 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.

WHAT IS THE ROLE OF THE JUDGE AND WHY CAN’T I SPEAK WITH HIM/HER DIRECTLY?

The Judge enforces the rules of the Court and the Laws of the Pueblo of Santa Ana.  The Judge cannot take sides so he/she cannot assist or discuss your case with you outside of the court hearing.

The Judge must hear both sides of the dispute and, based on the facts presented, make a fair and unbiased ruling.  For this reason, the Judge will not engage in ex parte communications with the litigants. That means the judge will only talk about the case in court and in front of the other party, and those hearings are recorded.

This protects the integrity of the Court and ensures that the Judge remains unbiased in making a fair and just ruling based on evidence and facts presented.  Each party will be given a fair and equal opportunity to present their case.

THE PRETRIAL AND SENTENCING PHASES

WHAT HAPPENS AFTER A NOT GUILTY PLEA?

If during Arraignment the defendant enters a Not Guilty Plea, the Judge will set the matter for Trial.

  • The Judge will inquire if the defendant prefers a Bench Trial (whereby the Judge hears the case and renders a decision) or a Jury Trial (6-person jury). If the defendant would like a jury trial, the defendant HAS TO LET THE JUDGE KNOW early enough so the Court can convene a jury before the trial.
  • The Court will impose Standard Conditions of Release on the defendant. These restrictions for all defendants include: No use of alcohol or drugs; no possession or use of firearms; and no violation of any laws, Federal, State or Tribal. If there are victims or witnesses in the case, usually the defendant is not allowed to contact them while the case is going on.

PRE-TRIAL PHASE

The Pre-trial hearing provides the Prosecution and the Defendant an opportunity to sit down outside of the courtroom and discuss a plea agreement. The Judge will instruct the Defendant that the prosecution is under no obligation to offer a plea agreement and the Defendant is under no obligation to accept a plea agreement.

If no agreement reached:

Following the meeting of the parties the Judge will inquire if the parties were able to reach an agreement. If the parties were not able to come to an agreement, the Judge will issue a pre-trial order. The order will provide the parties with deadlines to complete certain pretrial requirements including witness lists, discovery, and pretrial motions. The Judge will also set a trial date.

If parties reach a Plea agreement:

If the parties agree to a Plea agreement, the Prosecutor will inform the Judge of the agreement reached. The Prosecutor or Public Defender will then draft the plea agreement and all parties will sign the agreement. The Judge will confirm that both parties are accepting the terms. However, the Judge does not always accept the Plea Agreement for certain legal reasons. If the Court does accept the Plea Agreement, the Judge will then make a decision on the items left up to the Court to determine.

SENTENCING

  • The Judge can impose sentence immediately following a No Contest or Guilty plea or the judge will schedule a sentencing hearing.
  • The Judge may sentence the defendant to jail time, time served, supervised probation, unsupervised probation, fines and/or fees, or community service. If there is more than one conviction in the same case, the Judge may order jail time to run concurrently (sentences may be served at the same time) or consecutively (sentences must be served for each conviction separately).
  • The Judge has the discretion to impose fines as specified in the law. If the defendant is unable to pay the fines, the fines can be converted to community service hours on the Judge’s approval. The Judge will also impose court cost of $57.00.  The Judge may also impose separate community service requirements in addition to the fines and fees.

WHAT IS COMMUNITY SERVICE?

Community service is “Service to the Community.” The hours worked doing community service are valued at the determination of the Judge. The Court Clerks monitor the Community Service forms to ensure accuracy.

WHAT IS PROBATION?

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.

Marriage through Tribal Court

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.