On May 5, 2025, Governor Jared Polis signed into law Senate Bill 25-009 – Recognition of Tribal Court Orders. Colorado state courts will now give full faith and credit to any tribal court arrest warrant and will recognize any tribal court commitment order to the same extent as one entered by a state court. This law protects and promotes public safety within the reservation and the state.   

Throughout the nation, any judicial order issued by a state court is automatically recognized in another state. This process is enshrined in the full faith and credit clause of the United States Constitution. Courts across the country are required to honor each other’s orders. This means that if a judge issues a criminal arrest warrant, for example, it can still be enforced even if the person named in the warrant is outside the area where it was issued. But because tribes were not a party to the United States Constitution, the full faith and credit clause does NOT automatically apply to tribal court orders, including tribal warrants. Before the passage of Senate Bill 25-009, the Tribe had to go through a lengthy process called “domesticating” to have another jurisdiction recognize Southern Ute Tribal Court orders. 

In the past, before recognizing a tribal court order, a state court would examine it to ensure that the tribal court provided due process and that the order meets all other legal standards. In the case of tribal warrants, this delay in recognition, or refusal to recognize, created serious real-world problems that impacted not only Southern Ute, but also other tribes and the state. This was a problem not just for Southern Ute Tribal Court orders, but also for orders issued by other tribal courts in the United States. As a general rule, only tribal courts have jurisdiction over criminal acts committed by Native Americans within the boundaries of a reservation. Before this new law was passed, if a Native American committed an assault within the Southern Ute Reservation and the Southern Ute Tribal Court issued an arrest warrant, the person could go free if they fled outside the Reservation boundaries and the Colorado courts there did not recognize our tribal court order. This created a system where perpetrators could evade justice and tribal jurisdiction simply by leaving the reservation.   

Some mental health treatment facilities have also refused to recognize Southern Ute Tribal Court commitment orders. On occasion, the tribal court will order a person to undergo evaluation and receive mental health or substance use treatment. Some facilities in the state have refused to recognize Southern Ute Tribal Court orders and would require a state court order before accepting the person for treatment.  This infringes on the Tribe’s sovereignty.  

While this problem has been present since the founding of the United States, recent incidents brought the issue to the attention of Tribal Council and the Tribe’s local partners, with whom the Tribe maintains positive working relationships. To address the problem, at least locally, Sixth Judicial District Chief Judge Jeff Wilson issued an Administrative Order recognizing and enforcing Southern Ute Tribal Court civil commitment orders for involuntary treatment.  This helped address the issue, but a more widespread solution was needed. Tribal staff worked with legislators to draft the bill, gain support, and introduce the bill during the 2025 legislative session. The final version of the bill was unanimously passed by both the House and the Senate, a testament to the importance of and widespread support for increased public safety within Colorado. Obtaining this legislation was one of the steps the Southern Ute Tribe has taken toward ensuring a more just future for tribal members and Reservation residents.