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New Mexico Supreme Court rules tribal courts have jurisdiction over casino injury cases

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New Mexico Supreme Court rules tribal courts have jurisdiction over casino injury cases


ALBUQUERQUE, N.M. — The New Mexico Supreme Court on Jan. 23 ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that saw pueblos and other tribes advocate for protecting sovereignty when such legal claims arise.

The decision stemmed from a 2016 lawsuit in which an employee of an electrical company claimed he was severely injured while making a delivery at Pojoaque Pueblo’s casino. The state Court of Appeals had reversed a lower court ruling that initially called for the case to be dismissed.

The tribe then asked the state Supreme Court to settle the question over jurisdiction.

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In its ruling, the court pointed to previous decisions in two federal cases that effectively terminated a provision in tribal-state gambling compacts that waived sovereign immunity to allow jurisdiction to be moved from tribal court to state court for some damage claims.

One of those federal cases involved a personal injury claim involving the over-serving of alcohol at Santa Ana Pueblo’s casino. The other was a slip-and-fall lawsuit brought in state court by a visitor to the Navajo Nation’s casino in northwestern New Mexico.

Attorney Richard Hughes had filed a brief on behalf of Santa Ana and Santa Clara pueblos, with seven other pueblos signing on. He told The Associated Press on Tuesday that the ruling was significant and long overdue.

“We’ve been fighting state court jurisdiction over these cases for 20 years and so it’s the end of a long struggle to keep state courts out of determining tribal affairs,” he said.

He and others have argued that nowhere in the federal Indian Gaming Regulatory Act did Congress authorize state courts to exercise jurisdiction over personal injury claims.

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The New Mexico Trial Lawyers Association did not immediately return a message seeking comment on the ruling.

Those who have advocated to have state courts hear personal injury cases contend that the people suing tribal gambling operations could face an unfair disadvantage in tribal court.

Some experts expect personal injury lawyers to opt for arbitration before heading to tribal court, but Hughes said tribal courts are “perfectly competent to handle cases like this in a very fair and equitable fashion.”





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New Mexico

Nina Otero-Warren: A powerful voice for New Mexico women, children and education

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Nina Otero-Warren: A powerful voice for New Mexico women, children and education


Consuelo Bergere Kenney Althouse received an unexpected phone call in March 2021.

The voice on the other end of the line was an attorney from the U.S. Department of the Treasury seeking permission to decorate millions of commemorative quarters with the face of Althouse’s distant relative, Adelina “Nina” Otero-Warren.

To Althouse, Otero-Warren was one among a “mantle of tías” — a looming but loving group of women with shiny shoes, tight buns and high expectations — in Althouse’s large Santa Fe family. Althouse had grown up visiting Las Dos, Otero-Warren’s homestead in the hills north of Santa Fe, for family celebrations. 

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New Mexico

Behind the scenes of the Bernalillo County Metropolitan Court

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Behind the scenes of the Bernalillo County Metropolitan Court


ALBUQUERQUE, N.M. — The Metropolitan Court of Bernalillo County had another packed docket Saturday morning.

 “We are the busiest courthouse in the state. We see more than every other courthouse does, from the traffic tickets to the misdemeanor cases and the initial felony cases that are filed here,” said Metropolitan Court Chief Judge Joshua Sanchez.

Sanchez says the court oversees about 100 cases a day and Saturday New Mexico’s top judge, Chief Justice David Thomson of the New Mexico Supreme Court, got a firsthand look at the court’s caseload.

Sanchez says he welcomes the visit.

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“We go to these statewide meetings, and they hear about how things happen. But until you actually kind of sit there with another judge and see what happens, it’s kind of eye-opening to see the kind of controlled chaos that we have on a Saturday morning,” he said about the visit.

He adds their biggest challenge at Metro Court is the case load.

Thomson says he plans to visit courts statewide to see these challenges for himself.

“I think it’s a good idea just to come down and see it. And what you see, if you watch these, is you see all the interactions between what we face, just not as a court system, as a society, right?” said Sanchez.

Just from one morning sitting in on court proceedings, he said it’s clear mental health plays a huge part in a lot of the cases metro court hears.

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“If there are questions of competency, we can catch those questions here, rather when they get transferred to felony court, that’s one, can they be assessed early on,” Thomson said.

He also noticed a lot of repeat offenders.

“I think it’s very helpful to see it firsthand. On a few of these individuals. I’ve actually asked to look at some of the criminal history, so I have an understanding of the particulars,” said Thomson.

Sanchez said he hopes for more visits like this in the future.

“It’s just nice to give some real perspective and validates, I think, a lot of the things that we do communicate to AOC and the Supreme Court and things that we’re seeing,” said Thomson.

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‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection

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‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection


New York brought Georgia O’Keeffe fame. New Mexico brought her freedom. Among the multiple documentaries created about her, none have given the iconic artist the full biographical treatment, complete with massive research, the artist’s letters and the cooperation of her namesake museum.



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