Native American tribes recognized at the federal level throughout the United States have enacted distinct laws, applicable within the jurisdictions of their territories. While tribal courts exist, the state court occasionally exercises the power to make the final disposition on some cases. This poses challenges for the tribes and extends the duration of a process that could otherwise be settled in tribal courts.
In a substantial victory for tribes in New Mexico, the Supreme Court ruled in favor of assigning jurisdiction to tribal courts over cases involving property damage and personal injuries filed against Native American casinos, as reported by the Associated Press.
The verdict delivered on Tuesday by the New Mexico Supreme Court concludes a protracted legal dispute in which the tribes were fighting to defend their sovereignty in personal injury and property damage cases. The recent decision effectively safeguards New Mexico tribal casinos by enabling cases lodged against them to be investigated by tribal courts and not state courts.
Over time, numerous cases involving tribal casinos in New Mexico have emerged. One such instance can be traced back a decade when a worker of an electricity company filed litigation against Pojoaque Pueblo’s casino, alleging that he was injured while delivering at the venue.
In the latest decree, the apex court of the state proclaimed that state courts are not authorized to pass judgment on such cases. In simpler terms, state courts will no longer have legal right over cases initiated against tribal casinos concerning personal injuries and property damages.
The Verdict Signifies the Conclusion of an Extended Legal Fight
Richard Hughes, a legal representative for Santa Ana and Santa Clara Pueblos, lauded the current judgment of the New Mexico Supreme Court. He elucidated that the latest verdict ensures the tribal courts’ authority to rule on such cases. “We have been contesting state court jurisdiction over these cases for two decades, and so it’s the culmination of a lengthy endeavor to prevent state courts from intervening in tribal affairs,” Hughes stated.
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