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Law
New Mexico Supreme Court takes on jurisdiction


The New Mexico Supreme Court heard arguments on Monday in two cases testing the bounds of state, tribal and federal jurisdiction.

At issue is whether private land within a Pueblo land grant is Indian Country. If yes, the tribes and the federal government have jurisdiction. If no, the state has jurisdiction.

But a problem arises when non-Indians are involved because tribes lack criminal jurisdiction over non-Indians. Another problem arises when the federal government declines to prosecute certain crimes.

New Mexico's Congressional delegation has introduced a bill to clarify the situation. It confirms that the land within the exterior boundaries of a Pueblo land grant is Indian Country. Tribes would retain jurisdiction over all Indians, the federal government would prosecute all major crimes involving Indians and Indian property while the state would have jurisdiction over non-Indians.

Get the Story:
Court aims to clairify pueblos' jurisdiction (The Santa Fe New Mexican 2/15)
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Indian Country Cases Heard at High Court (The Albuquerque Journal 2/15)
Bill seeks to clarify tribal criminal authority (The Santa Fe New Mexican 2/4)

Get the Bill:
To clarify issues of criminal jurisdiction within the exterior boundaries of Pueblo lands (H.R.600)

Related Stories:
Bill clarifies criminal jurisdiction on Pueblo land (10/04)
U.S. attorney calls for jurisdiction fix in N.M. (04/19)