Taos Pueblo man filed suit over tribal court proceedings
Tuesday, March 9, 2010
Filed Under:
Law
A
Taos Pueblo man says his tribe's court violated the
Indian Civil Rights Act and tribal law by convicting him and sentencing him without a trial and without an attorney.
Martin Martinez Jr. was convicted of drunk driving on the reservation. According to his lawsuit, the only people present at the tribal court proceeding were a judge and the arresting police officer. No one else was allowed inside the courtroom, according to lawsuit
Martinez was sentenced to one year in jail -- the maximum under the ICRA -- and was given a $1,000 fine. He is being held in custody in Albuquerque, over 130 miles from the reservation. His family has appealed to the tribal council, which has authority over the court, but they say tribal leaders won't listen.
The lawsuit was filed in federal court. It says the tribe's law and order code gives defendants the right to a trial and the right to have an attorney.
Get the Story:
Family says Tribal Court violates son’s rights to release, fair trial
(The Taos News 3/9)
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