FAQs
Can I be excused from jury service?
Individuals charged with a crime within the jurisdiction of the Santa Clara Pueblo Tribal Court that carries the risk of incarceration have a right to a trial by jury. If a criminal defendant requests a trial by jury, the Court will issue a Scheduling Order that will contain a trial date. The Court Administrator will then select a panel of potential jurors at random from a list of enrolled community members maintained by the Pueblo’s Department of Vital Statistics.
The Pueblo’s criminal justice system cannot function without jurors. Appearing at Court when summoned is essential unless doing so would create an undue hardship for you. If you have been called for jury service and believe that serving would create an undue hardship, you may request that the Chief Judge excuse you from service.
You must request an excusal in writing using this form.
No excusals from jury service can be granted over the phone, and only the Chief Judge or judge presiding over the case can excuse you from jury service. Failure to appear without an excusal from the Chief Judge could subject you to a finding of contempt. If you have submitted a request for excusal and it is denied, you will be expected to appear for jury service.
Can I get an attorney?
You have a right to have an attorney represent you in criminal matters. However, you must do so at your own expense. Your attorney must be admitted to practice before the Santa Clara Pueblo Tribal Court. You can find a list of attorneys admitted to practice who may be willing to assist you here.
If you do wish to retain an attorney, you should do so as soon as possible after you are charged.
What happens at a pre-trial hearing?
At a pre-trial hearing occurs after a defendant has been arraigned, meaning that the Court has informed them of the charges against them, the potential penalties, and their rights under the Indian Civil Rights Act, the United States Constitution, and Tribal legislation. The Court will have taken a plea of Not Guilty to the charges, and a trial date has been set.
At a pre-trial hearing, a defendant (and their attorney, if they have retained one) will inform the Court of the status of the case, whether there are any preliminary matters that will need to be resolved prior to trial, and whether a plea agreement can be reached.
The arresting officer and prosecution witnesses may be present at a pre-trial hearing, which may give the defendant an opportunity to reach a plea agreement. Often a plea agreement can be a beneficial resolution for a defendant. However, a defendant has an absolute right to a trial and should not feel any pressure to enter into a plea agreement. Before accepting any plea agreement, the Court will make certain that the plea is entered knowingly, willingly, voluntarily, and without pressure or inducement.
What happens at an arraignment?
An arraignment is a process in a criminal matter held before a judge. At your arraignment the Court will tell you what you are charged with, the maximum potential penalties you may be facing if convicted of the charges, any mandatory minimum penalties you could face, and what your rights are under the Indian Civil Rights Act.
Once the Court has explained your rights to you, you will need to enter a plea to the charges. You may enter pleas of “Guilty”, “Not Guilty”, or “No Contest”.
If you enter a plea of Guilty or No Contest, the Court will proceed to sentencing immediately. If you enter a plea of “Not Guilty”, your case will be set for a pre-trial hearing.
You are entitled to have an attorney represent you at your own cost. If you have an attorney, the attorney will advise you on your plea. If you do not have an attorney at your arraignment but you would like to have one advise you prior to entering a plea, you may request a brief continuance of your arraignment to obtain the services of an attorney.
It is important that your attorney enter an appearance as soon as possible. If you have been granted a continuance to obtain an attorney but fail to do so by your next hearing, the Court may find you have waived your right to counsel and require you to proceed without one, or “pro se”, in legal terms.
Where can I perform my court-ordered community service?
The Court Probation Officer can help you find a suitable location for you to perform your court-ordered community service.
Generally, any non-profit that provides services to the broader community is appropriate. For example, a religious institution that provides a food bank for members of the community is appropriate. However, volunteering for a religious community program that only provides benefits to members of a particular denomination would not be appropriate.
To ensure your selected organization will be acceptable to the Court, it is best to check with the Court Probation Officer prior to commencing your volunteer work.
Will a judge or a jury hear my case?
All criminal defendants charged with a crime that carries that possibility of incarceration has the right to have their trial heard by a jury. Pursuant to the Tribal Code, in order to request a trial by jury, a criminal defendant must request a jury trial three (3) days following arraignment. This can be done orally at arraignment or can be done in writing thereafter.
If a defendant does not wish to have a jury trial or fails to request one in a timely manner, a judge will hear their case. Regardless of whether a judge or jury hears the case, the Pueblo has the burden of proving each element of each offense charged beyond a reasonable doubt.