Resolution No. SI-R17-033: Court Filings Limitation Act of 2017

At a duly called meeting of the Council of San Ildefonso Pueblo on the 31st day of October, 2017, the following Resolution was adopted:

WHEREAS, the Pueblo de San Ildefonso ("Pueblo') is a sovereign and self-governing Tribe, recognized as such by the United States of America; and

WHEREAS, the voters of the Pueblo approved a Governing Agreement ("Agreement") for the Pueblo on November 19, 2011, and the Bureau of Indian Affairs approved the Agreement on December 21, 2011, pursuant to Federal law; and

WHEREAS, the Council is authorized to make laws for the Pueblo de San Ildefonso pursuant to Section 5 of the Agreement; and

WHEREAS, the 2015 Court Review, Preliminary Findings Report found that, "the Court could not provide data on closed cases because the Court is missing case files from 2013-2015, and that over one hundred case files from 2013-2015, including 70 criminal cases from 2014, could not be located by the new Court Clerk;" and,

WHEREAS, the Council has determined that such files may not be found and there is a need to address the missing court files, so that justice for the parties may be served; and,

WHEREAS, the Council has determined that justice is best served by allowing for the re-filing of cases with missing files, and the closing of cases not re-filed within a designated time.

NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled, "COURT FILINGS LIMITATION ACT OF 2017."

COURT FILINGS LIMITATION ACT OF 2017

Section 1.1. Short Title

This enactment shall be known as the "COURT FILINGS LIMITATION ACT OF 2017."

Section 1.2. The Court Filings Limitation Act provides as follows:

(a) Affected Cases

a. This Act applies to those cases filed during 2013-2015 in which the status cannot be determined because essential files are missing.

(b) Re-filing

a. In affected cases, the original party(ies) may:

i. Re-file the original action, attaching copies of any documents from the original proceedings the parties may possess.

ii. File a Request for Dismissal, including a statement explaining how the case has been otherwise resolved or a showing that there is no live issue remaining.

(c) Limitation on Filing

a. A filing made pursuant to the Act must be made, and date stamped by the Trial Court, within 160 days of the passage of this Act.

(d) Dismissal of Cases not Re-filed

a. In any Affected Case, in which no party has re-filed or requested a dismissal within 160 day limit,

i. if any case information is available, the Court will enter dismissal and close the case file;

ii. if case information is insufficient to enter a dismissal, (i.e., no case name or number), by the authority of this Act, the case will be deemed dismissed and the case filed considered closed.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on October 31, 2017, at a meeting with a vote of 8 in favor, 0 opposed, 0 abstaining and 2 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COUNCIL REPRESENTATIVE SPONSOR(S): Lt. Governor Christopher Moquino

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R17-033 was presented to the Governor of the Pueblo de San Ildefonso on the 31st day of October, 2017, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4(c), and will become effective after signature by the Governor or veto override by the Council.

Irene Tse-Pe, Council Secretary

GOVERNOR'S ACTION:

{ } APPROVED

{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:

On this __________ day of ________________________, 2017.

James R. Mountain, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2017.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2017, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.

Irene Tse-Pe, Council Secretary

COURT FILINGS LIMITATION ACT OF 2017

Section 1.1. Short Title

This enactment shall be known as the "COURT FILINGS LIMITATION ACT OF 2017."

Section 1.2. The Court Filings Limitation Act provides as follows:

(a) Affected Cases

a. This Act applies to those cases filed during 2013-2015 in which the status cannot be determined because essential files are missing.

(b) Re-filing

a. In affected cases, the original party(ies) may:

i. Re-file the original action, attaching copies of any documents from the original proceedings the parties may possess.

ii. File a Request for Dismissal, including a statement explaining how the case has been otherwise resolved or a showing that there is no live issue remaining.

(c) Limitation on Filing

a. A filing made pursuant to the Act must be made, and date stamped by the Trial Court, within 160 days of the passage of this Act.

(d) Dismissal of Cases not Re-filed

a. In any Affected Case, in which no party has re-filed or requested a dismissal within 160 day limit,

i. if any case information is available, the Court will enter dismissal and close the case file;

ii. if case information is insufficient to enter a dismissal, (i.e., no case name or number), by the authority of this Act, the case will be deemed dismissed and the case filed considered closed.