16.1.2.010 General

The procedure for exclusion for any reason shall be as follows:

(a) The Governor of the Pueblo of San Ildefonso shall serve notice, either through officers of the Council or by registered mail, upon any person when the Governor has reason to believe that cause exists or may exist for the exclusion of person under reasons set forth in this Title. Such notice shall state the reason for the order and shall state a time, not less than five (5) days after the notice, unless an emergency exists, when the person must appear before the Pueblo Tribal Court to show cause why he should not be excluded from the Pueblo of San Ildefonso. If an emergency exists, the Governor may order immediate exclusion, with a hearing in not less than five (5) days of the notice and exclusion for the person to appear to show cause why he should not be excluded from the Pueblo of San Ildefonso.

(b) After notice to the person proposed for exclusion, the Pueblo Tribal Court shall hold a hearing under the Tiles of Civil Procedure of this Code to decide whether or not that person shall be excluded from the Pueblo of San Ildefonso.

(c) IF the person does not appear at the hearing at the time and place scheduled or, if found at the hearing that cause does exist to exclude that person from the Pueblo of San Ildefonso, the Pueblo Tribal Court shall issue an order excluding that person from all or any part of the jurisdiction of the Pueblo of San Ildefonso under such conditions specified in the order. The order shall be effective until revoked or modified by the Tribal Council.

(d) If the final judgment of the Pueblo Tribal Court is that the person shall be excluded from the Pueblo of San Ildefonso, then the Court shall deliver an order of removal to any Law Enforcement Officer, who shall thereupon order the person to obey the order. If, after the required time specified in the order the person does not comply with the order, he may be removed bodily from the Pueblo of San Ildefonso by the Law Enforcement Official as stated in the order of the Court.

(e) In cases involving immediate danger to the life, health, morals or property of the Pueblo of San Ildefonso, residents of the Pueblo or any Pueblo members, where delay would result in irreparable damage, the Governor of the Pueblo may request the Court to order any Law Enforcement Official to remove a person and/or property of such person from the Pueblo of San Ildefonso immediately using only so much force as is reasonable and necessary to effect the removal. The court shall cause the Law Enforcement to serve notice upon the person at the time of removal or cause the notice to be served as soon thereafter as possible.

(f) In any case involving the immediate removal of person from the Pueblo of San Ildefonso the order of the Court shall state the conditions under which the person may return for a hearing if such hearing was not held.