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For purposes of this Article, the following terms shall mean:
A. “Abuse of Discretion” means a decision that that is clearly against reason and evidence.
B. “Arbitrary” means a decision that is not supported by substantial cause or reason.
C. “Clear and Convincing” means the truth of the allegation is highly probable based on the evidence being considered.
D. “Constitution” means the Constitution of the San Juan Southern Paiute Tribe.
E. “Filing” means submitting documents to the Tribal Court using the required procedure or process.
F. “Notice of Enrollment Appeal” means the form provided with the enrollment decision that begins the appeal process in the Tribal Court.
G. “Petitioner” means the person against whom the enrollment decision was made. If the decision was made regarding a minor child or legally incompetent adult, the petitioner is the child’s parent or legal guardian or the legally incompetent adult’s conservator or guardian.
H. “Service” means providing documents to the parties in a case using the required procedure or process.
I. “Tribal Law” means the Constitution, Law & Order Code, ordinances and common law of the San Juan Southern Paiute Tribe.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. The San Juan Southern Paiute Tribal Council has a duty to ensure that the Enrollment Ordinance (Law & Order Code, Title 3, Chapter 1) is applied pursuant to Tribal Law and according to a process that is fair and consistent. These Rules of Procedure for Enrollment Appeals are intended to provide an appeal process for all enrollment appeals permitted by Article II, Section 6 of the Constitution and in accordance with Article VI, Section 1 of the Enrollment Ordinance.
B. These Rules of Procedure for Enrollment Appeals are adopted as an ordinance of the Tribal Council pursuant to Article VI, Section 7 of the Constitution.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
These Rules of Procedure for Enrollment Appeals shall apply to all enrollment appeals that the Tribal Court has the authority and jurisdiction to review.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
Any person whose application for enrollment or reinstatement is rejected or who has been disenrolled from the Tribe shall have the right to appeal to the Tribal Court for an enrollment decision that is within the Tribal Court’s jurisdiction pursuant to the Constitution of the San Juan Southern Paiute Tribe and the Enrollment Ordinance (Law & Order Code, Title 3, Chapter 1), provided that, the Tribal Court shall not have jurisdiction over adoptions of persons as Tribal Members under Article II, Section 2 of the Constitution, unless there is a claim that the provisions of the Constitution have been violated.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. The Tribal Court’s review of an enrollment decision shall not be limited to the administrative record before the Court. Except as provided in § 705(B), the Tribal Court shall have the authority to order the Enrollment Officer, Enrollment Committee, and any others subject to the jurisdiction of the Court, to produce relevant enrollment records and provide testimony.
B. The Tribal Court shall have no authority or jurisdiction to order the Tribal Council or any Tribal Council Member to produce records or testimony regarding the internal deliberations of the Tribal Council with regard to an enrollment decision.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. All calculations of dates shall not include the first day and shall include the last day of the period.1
B. If the period of time to be calculated is less than ten (10) days, only business days shall be included in the calculation.2
C. If the period of time being calculated is ten (10) days or more, all calendar days shall be included in the calculation.3
D. Business days are all days that do not include weekends, federal or tribal holidays, and any other day the Tribal Administration Office is closed.4
E. If the last date of the period ends on a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed, the due date shall be the next day which is not a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed.5
F. Additional Time for Service by Mail. Unless these Rules provide for a different computation of time, if service on a party is made by U.S. mail, five (5) calendar days shall be added to the last day of the period calculated to determine the due date.6
G. Additional Time for Service by Email or Facsimile. If service by email or facsimile is made on a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed, the date of service shall be deemed the next day which is not a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed.
H. Date of Filing with Tribal Court by Email. If filing with the Tribal Court by email or facsimile is made on a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed, the date of filing shall be deemed the next day which is not a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed.
I. The Court may upon its own motion or upon motion of a party, and for good cause, extend the deadlines required by these Rules.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
After the initial filing of a Notice of Appeal, any party who files a document, request, motion or brief with the Tribal Court or Appellate Court shall also serve a copy of that document, request, motion or brief on the opposing party at the same time. Unless otherwise required by these rules, service of documents, requests, motions or briefs on a party may be made by email, facsimile, or by U.S. Mail.
A. Appeals under this Article shall be initiated by filing a Notice of Enrollment Appeal form with the Tribal Court.
B. Deadline for Filing Notice of Enrollment Appeal. The Notice of Enrollment Appeal must be filed by the petitioner with the Tribal Court within thirty (30) days of the petitioner’s receipt of the notice of enrollment decision of the Tribal Council. The date the petitioner receives the notice of enrollment decision shall be determined by the date signed on the certified mail return receipt. If the certified mail return receipt is returned without a signature, the petitioner is deemed to have received the notice of enrollment decision ten (10) days after the date the notice was mailed.
C. How to File. The Notice of Enrollment Appeal form shall be filed with the Tribal Court by one of the following methods:
1. By certified mail or a delivery service that provides verification of delivery to the address listed on the Notice of Appeal form.
2. By email to the Tribal Court using the email address listed on the Notice of Appeal form. If filed by email, the Tribal Court will provide an email confirmation of the filing. If petitioner does not receive an email confirmation, petitioner should contact the Tribal Court to confirm receipt; or
3. By facsimile to the Tribal Court at the fax number provided by the Tribal Court on the Notice of Appeal form.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. Upon receipt of the Notice of Enrollment Appeal from the petitioner, the Tribal Court shall serve the Notice of Enrollment Appeal on the following: (1) Tribal Enrollment Officer, (2) Tribal President, (3) Tribal Vice-President, and (4) the General Counsel of the Tribe. If any of these positions are vacant, service on the remaining individuals in these positions shall be deemed service at the time the last person is served.
B. Service of the Notice of Enrollment Appeal on the Tribe may be completed by the Tribal Court by email, facsimile or by U.S. Mail.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
B. The Certification of Record shall include an itemized list and copies of the following:
1. the petitioner’s application, including all supporting documents;
2. all information considered by the Enrollment Committee;
3. all documents resulting from any investigation completed by the Enrollment Committee or Tribal Council;
4. any documentation of or recording of any hearings held, if applicable;
5. the written recommendation to the Tribal Council, if applicable; and
6. any resolutions resulting from the petitioner’s enrollment request.
C. Filing Under Seal. At the time of filing the Certification of Record to the Tribal Court, the Tribe may file a motion with the Tribal Court to request that any records relied upon by the Enrollment Officer, Enrollment Committee, or Tribal Council in making its enrollment decision that are not also contained within the petitioner’s applicant file, be held by the Court under seal and made available only to petitioner through a visual review of the record. If this motion is made by the Tribe, such records shall be identified in the Certification of Record with a notation that the records are being filed under seal.
D. The Certification of Record may be transmitted to the Tribal Court by secure electronic means, facsimile, or by certified mail or a delivery service that provides verification of delivery.
E. Except for the records identified in § 710(C) above, the Certification of Record shall be served by the Tribe on the petitioner by secure electronic means or by mail or delivery that provides verification of delivery and requires a signature.
F. All records shall be maintained confidentially by the Court and by the parties.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. Opening Brief. At the time of filing the Administrative Record, the Tribe may, at its discretion, file an Opening Brief, not to exceed ten (10) pages, which explains the rationale for the Tribal Council’s decision regarding petitioner’s enrollment application.
B. Response Brief. If the Tribe files an Opening Brief, within ten (10) days of service of the Opening Brief, petitioner may, at its discretion, file a Response Brief, not to exceed ten (10) pages.
C. Reply Brief. If the petitioner files a Response Brief, within five (5) days of service of the Response Brief, the Tribe may, at its discretion, file a Reply Brief, not to exceed five (5) pages, which provides a reply to issues addressed in petitioner’s Response Brief.
D. The Court may, upon motion by a party or upon its own motion, allow additional briefing if deemed necessary by the Court to enter a ruling on the appeal.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. The Court may, at its discretion, order a hearing to be held on the appeal.
B. If ordered, a hearing shall be held within 60 days of the deadline to transmit the record, unless the Court finds good cause to order a longer time frame. In no case shall a hearing be held within less than 20 days of transmittal of the record by the Tribe or prior to the close of briefing.
C. The petitioner or the Tribe may request additional time through a written request to the Court specifying the reasons for the extension. The Court may order additional time at the Court’s discretion and by written order.
D. Witnesses. The Petitioner and Tribe shall file a List of Witnesses, no later than ten (10) days prior to the hearing that includes all contact information for each witness and shall serve a copy of the List of Witnesses on the other party. Each party may request a summons or subpoena be issued to compel the attendance of witnesses, provided that, the list of witnesses is submitted on time. Each party shall be responsible for ensuring his or her witnesses appear. If the petitioner will not use any other witness other than himself or herself, petitioner shall not be required to file a List of Witnesses. If the Tribe will not use any other witness other than the Enrollment Officer or petitioner, the Tribe shall not be required to file a List of Witnesses.
E. Evidence. The Tribal Court shall exercise discretion to determine if evidence that is not part of the enrollment record is admissible. Until the Tribe adopts its own Rules of Evidence, the Tribal Court shall apply the Federal Rules of Evidence unless the strict application of the Federal Rules of Evidence would result in an outcome that is contrary to the Constitution of the San Juan Southern Paiute Tribe.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. The Tribal Court shall affirm the enrollment decision, unless the Court finds by a standard of Clear and Convincing that at least one of the following is applicable:
1. the enrollment decision of the Tribal Council is arbitrary;
2. the enrollment decision of the Tribal Council is an abuse of discretion, or
3. the enrollment decision of the Tribal Council is contrary to the Constitution and/or Enrollment Ordinance.
B. The Tribal Court shall issue a written decision that is supported by findings of fact and conclusions of law.
C. If the Tribal Court finds in favor of the petitioner, the case shall be remanded to the Tribal Council for further action with consideration of the Court’s findings and conclusions.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
A. Time for Filing. The decision of the Tribal Court may be appealed to the San Juan Southern Paiute Tribe Court of Appeals by filing a Notice of Enrollment Appeal to Appellate Court form with the Appellate Court within thirty (30) days of the final decision issued by the Tribal Court.
B. Jurisdiction. The Appellate Court shall have jurisdiction to review the decision of the Tribal Court, provided, that the appeal is based upon a claim that the decision of the Tribal Court is arbitrary, an abuse of discretion, or contrary to the Constitution and/or enrollment ordinance.
C. How to File. The Notice of Enrollment Appeal to Appellate Court form shall be filed with the Appellate Court by one of the following methods:
1. By certified mail or a delivery service that provides verification of delivery to the address listed on the Notice of Enrollment Appeal to Appellate Court form.
2. By email to the Appellate Court using the email address listed on the Notice of Enrollment Appeal to Appellate Court form. If filed by email, the Appellate Court will provide an email confirmation of the filing. If petitioner does not receive an email confirmation, petitioner should contact the Appellate Court to confirm receipt; or
3. By facsimile to the Appellate Court at the fax number provided by the Appellate Court on the Notice of Enrollment Appeal to Appellate Court form.
4. The party filing the Notice of Enrollment Appeal shall also serve a copy of the Notice of Enrollment Appeal to Appellate Court on the following: (1) Tribal Enrollment Officer, (2) Tribal President, (3) Tribal Vice-President, and (4) the General Counsel of the Tribe. If any of these positions are vacant, service on the remaining individuals in these positions shall be deemed service at the time the last person is served.. Service of the Notice of Enrollment Appeal to Appellate Court may be completed by email, facsimile, certified mail, or a delivery service that provides verification of delivery.
D. The record on appeal shall be the record considered by the Appellate Court.
E. The Appellate Court, at its discretion, may order briefing and/or hold a hearing on the appeal.
F. The decision of the Court of Appeals shall be final.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
The Tribal Court and Appellate Court shall have the authority to adopt forms and instructions for use by the parties to file and process the appeals permitted by this Article. Forms and instructions, if any, shall be made available on the Tribe’s website at www.sanjuanpaiute-nsn.gov. The Tribal Court, Appellate Court, and Tribal Administration, shall make forms and instructions available upon request.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
These Rules of Procedure for Enrollment Appeals shall become effective on the date enacted by the Tribal Council of the San Juan Southern Paiute Tribe.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
Any amendments to these Rules of Procedure for Enrollment Appeals shall be effective on the date the Tribal Council enacts such amendment.
[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019]
1 Example: On January 12, the Tribal Court orders a document to be filed within 3 days of the date of the order. The due date for the filing is January15.
2 Example: On Monday, April 12, the Tribal Court orders a document to be filed within 6 days of the date of the Order. The due date for filing is Tuesday, April 20.
3 Example: On Monday, April 12, the Tribal Court orders a document to be filed within 12 days of the date of the Order. The due date for filing is Monday, April 26.
4 Example: On Monday, February 11, the Tribal Court orders a document to be filed within 8 days of the date of the Order. Monday, February 18 is President’s Day, a federal holiday. The due date for filing is Thursday, February 22.
5 Example: On Friday, February 6, the Tribal Court orders a document to be filed within 15 days of the date of the Order. The due date for filing is Monday, February 23 because February 21 is a Saturday.
6 Example: Petitioner receives an opening brief that was filed with the Tribal Court on Tuesday, March 13 and was mailed to petitioner on that same day. Petitioner receives the opening brief in the U.S. mail. Under § 711(B), a response brief by petitioner may be filed within 10 days. The due date for filing the response brief is March 28 (10 days + 5 days for service by mail).
7 To calculate due date for appeal, see § 706.
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SAN JUAN SOUTHERN PAIUTE TRIBE
LAW & ORDER CODE
TITLE 5 – TRIBAL COURTS
CHAPTER 3 – RULES OF COURT
ARTICLE 7 – RULES OF PROCEDURE FOR ENROLLMENT APPEALS
SAN JUAN SOUTHERN PAIUTE TRIBE
LAW & ORDER CODE
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