4.4.1.060 Power of the Courts

(a) The Courts of the Pueblo shall have the power to:

(1) Review any laws, resolutions, or other enactments of the Council and to declare such laws, resolutions or other enactments void or inconsistent with the Agreement.

(A) The Trial Court and the Supreme Court shall apply the law of the Pueblo, and, to the extent applicable, the law of the United States.

(B) All decisions of the Trial Court and the Supreme Court shall be consistent with prior decisions of the Trial Court and the Supreme Court whenever reasonably possible.

(2) Issue injunctions, attachments, writs of mandamus, quo warranto, review extradition, certiorari and prohibition, and to issue writs of habeas corpus upon petition by, or on behalf of, any person held in actual custody.

(b) The Judicial Branch shall have the authority to adopt written rules of procedures consistent with the requirements of the Agreement.

(1) The Trial Court shall adopt rules and procedures for the Children's Court, subject to Supreme Court review and approval.

(2) The Trial Court shall develop Trial Court procedures, subject to Supreme Court review and approval.

(3) The Supreme Court shall develop rules and procedures for the Supreme Court.

(4) The Supreme Court shall develop rules and procedures for the removal judges.

(5) The Supreme Court shall develop rules and procedures for the disqualification of judges.

(6) The Supreme Court shall develop rules and procedures for admission to practice before the Courts.

(7) The Supreme Court shall adopt a Code of Judicial Responsibility for the Courts.

(c) Certification: The Trial Court may certify to the Supreme Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises. Only questions or propositions of law may be certified, and they shall be stated separately and with precision. The Supreme Court shall have discretion whether to accept a certified question. The Supreme Court may make any rules needed for certification.

(d) Interlocutory Appeals: Threshold questions of law, which must be decided in order to move a case forward on other issues, may be appealed to the Supreme Court, after the Trial Court has finally ruled on such threshold issues, but before the Trial Court has ruled on other issues in a case. It shall be in the discretion of the Supreme Court whether to accept such appeal. The Supreme Court may make any rules and procedures needed for Interlocutory appeals.