Resolution No. SI-R18-027: Trial Date Deadline Modification Act

At a duly called meeting of the Council of San Ildefonso Pueblo on the 19th day of November, 2018, the following Resolution was adopted:

WHEREAS, The Pueblo de San Idlefonso Code ("Code"), Rules of Criminal Procedure, Title 8, Chapter 2, Section 2.1.14, entitled "Trial Date" states as follows:

If the defendant enters a plea of not guilty, the Court shall set a date for trial which shall be not less than five (5) days nor, unless based on due cause, more than sixty (60) days from the date of arraignment;

WHEREAS, This rule does not allow sufficient time for the parties to properly prepare for trial, with the result that cases or matters are often dismissed after the 60-day deadline; and

WHEREAS, the Council finds that the Law and Order Code Rules of Criminal Procedure should be amended to modify the 60-day trial deadline to allow for a greater amount of time for a defendant to be brought to trial but not to exceed ninety days absent a finding of good cause.

NOW THEREFORE BE IT RESOLVED, the Council hereby enacts the attached, "TRIAL DATE MODIFICATION ACT," to amend the Code, Rules of Criminal Procedure, Title 8, Chapter 2, Section 2.1.14 to extend the trial date deadline up to 90-days.

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on November 19, 2018, at a meeting with a vote of 7 in favor, 0 opposed, 0 abstaining and 3 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): CR Irene Tse-Pe

DELIVERY OF THE RESOLUTION TO THE GOVERNOR:

Resolution No. SI-R18-027 was presented to the Governor of the Pueblo de San Ildefonso on the 19th day of November, 2018, 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 ________________________, 2018.

Perry M. Martinez, Governor

Presented by the Governor to the Council on the ____ day of ____________, 2018.

COUNCIL'S ACTION:

Override of Governor's veto:

{ } YES

{ } NO

CERTIFICATION

The foregoing resolution was duly voted upon by the Council on _________________, 2018, 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

TRIAL DATE DEADLINE MODIFICATION ACT

Section 1.1. Short Title

This enactment shall be known as the "TRIAL DATE DEADLINE MODIFICATION ACT."

Section 1.2. Purpose

The purpose of this Act is to extend the trial date deadline up to 90 days from arraignment in order to allow the parties sufficient time to prepare for trial.

Section 1.3. Findings

The Council hereby finds and declares that:

(a) The 60-day trial date deadline is an insufficient amount of time to allow parties adequate opportunity to prepare for trial;

(b) Due to the short deadline set for trial, cases or matters are often dismissed after the 60-day trial deadline passes;

(c) The Council has determined that it is in the best interest of the Tribe and for the administration of justice to extend the trial date deadline to allow parties sufficient time to prepare for trial and to avoid dismissal of cases that should go to trial. .

Section 1.4. Extension of Trial Date Deadline

If the defendant enters a plea of not guilty, the Court shall set a date for trial, which shall be at least ten (10) days but not more than ninety (90) days from the date of arraignment, unless the court finds good cause pursuant to a written order to provide a further extension of the trial date, but in no case shall the trial date extend beyond one year from the date of arraignment.