Tribal Court

The judicial process should be fair, reliable and ensure equal justice for all.  Due process is a valuable component of this standard.  A tribal court should strive to follow the law in all cases and be as consistent as possible in its findings and conclusions of law, sentencing and in bail decisions. The measures in this area provide insight into how a court can best maintain its integrity as a fair and impartial institution.
San Carlos Agent John Clum purportedly formed a tribal court to try minor infractions in the 1870s.  Today’s San Carlos Tribal Court is authorized in the Amended Constitution and Bylaws of the San Carlos Apache Tribe of Arizona.
The Constitution of the San Carlos Apache Tribe, at Article V, states in part: THE SAN CARLOS COUNCIL shall have the following powers: To enact ordinances, establishing and governing tribal courts and law enforcement on the Reservation; regulating domestic relations of members; providing for appointment of guardians for minors and mental incompetents; regulating the inheritance of real and personal property of members and providing for the removal or exclusion of any non-member.
The Bylaws of the San Carlos Apache Tribe, at Article V, state in part: IT SHALL BE the duty of the Council to provide through the necessary bylaws or ordinances for the establishment of a tribal court. This court shall have jurisdiction of such petty offenses, all disputes between Indians on the Reservation, and over such disputes between Indians and non-Indians as may be brought before the court by stipulation. The judges of this court shall be appointed by the Tribal Council.
Under these authoritative provisions of the Tribe, the Council designated the Tribal Court to hear all court related disputes between parties involved seeking resolution from Tribal Judges who consistently review and refer to instituted Tribal laws and judicial court procedures.
The Court’s jurisdiction is further defined in the Law and Order Code that states, in part: THE SAN CARLOS Apache Tribe shall have criminal jurisdiction over all territory within the boundaries of the San Carlos Apache Reservation.  (1.2) THE SAN CARLOS Apache courts shall have criminal jurisdiction over any person of Indian descent who is a member of or is eligible to be a member of any tribe recognized… when such Indian commits an offense within the exterior boundaries of the San Carlos Apache Reservation.  Nothing in this code shall be interpreted as limiting the civil or criminal jurisdiction of the San Carlos Apache Tribe over non-Indians.  (1.3) THE SAN CARLOS Apache Tribe shall exercise concurrent jurisdiction with respect to any offense defined in this ordinance over which a federal court also has lawful jurisdiction.  Prosecution by federal authorities does not preclude prosecution by the tribal courts.
The Court’s jurisdiction is further defined in other codes that state, in part: ANY PERSON engaging in business on the Reservation shall be deemed to have consented to the jurisdiction of the San Carlos Apache Court. (Tax Code) JURISDICTION OVER all matters with respect to any person or entity acting or causing actions which arise under this Ordinance shall be exercised. (Housing Code) THE JUVENILE court has exclusive original jurisdiction over all proceedings established in this code in which an Indian child (Juvenile Code).