Oral Argument

ORAL ARGUMENT has been scheduled in SC-CV-38-10 In the Matter of:  A.M.K., Minor, and Concerning; Leo Kayaani, Maternal Grandfather, Bernice Mitchell, Maternal Grandmother, v.  Lianne Kayanni, Natural Mother (Deceased), Colin Wylie, Natural Father. See Calendar below.

Job Opportunities as of 8/30/10

Court Administrator in the Alamo/Tohajiilee District Court; Staff Attorney in the Kayenta District Court; Staff Attorney in the Aneth District Court; Deputy Director of Judicial Administration in the Administrative Offices of the Courts, Window Rock.  For details, please click on the "Vacancies" link above.

Navajo Nation Board of Election Supervisors Tables Legislation No. 0359-10 -- Referendum on Election of Judges  

On August 12,  the Navajo Nation Board of Election Supervisors voted to table a resolution approving the ballot language for Legislation No. 0359-10, a referendum on the election of judges and justices and other amendments to the Navajo Nation Code concerning the Judicial Branch until the Council provides funding for public education.

Public education is necessary as the People are asked to vote “Yes” or “no” on election of judges when the referendum presented by the Council is, in fact, a 35-page legislation in which judges salaries are permanently set, oaths are administered to judges by the Judiciary Committee, requirements for judges to know Navajo culture and traditions would be eliminated and a new requirement that Supreme Court justices be state-licensed would be enacted. These requirements and others would set in place a court that is more oriented toward Western philosophy than Diné philosophy, which is the cornerstone of the Navajo court system. The Navajo court system as it exists today, with its extensive case law, is the most highly regarded tribal court system in the United States and has been called the flagship of tribal courts.  Click here for a press release from Karen Francis, the Judicial Branch's new Judicial Liaison Officer. 

Amendment SA4391 : Tribal Law and Order Act (HR725)

On July 29, President Obama signed into law the Tribal Law and Order Act of 2010.  The law passes as part of amendment SA4391 to HR725: The Indian Arts and Crafts Amendment Act of 2010. The full text may be found here.

For all opinions (2006 - present) for which no motions are pending, click here. 

Formal opinion in Todacheene v. Shirley; Shirley v. NEA, SC-CV-37-10 (July 30, 2010, corrected August 2, 2010).  The Court had earlier issued a short order in this case following oral argument on July 9, 2010.  This is a consolidated case.  The Court affirms the decisions of the Office of Hearings and Appeals which upheld the Navajo Nation Election Administration's disqualification of Dr. Shirley's candidacy for President for a third consecutive term pursuant to 2 N.N.C. 1002(D).  On August 2, 2010, the Court issued an Order of Correction making several non-substantive typographical changes.  

Opinion and Order On Reconsideration in Shirley v. Morgan, SC-CV-02-10 (July 16, 2010).  The First Opinion was issued on May 28, 2010 and corrected June 2.  Appellants filed a Petition for Reconsideration on June 17, 2010.  The Court denies Appellants' Petition; however, in response to Appellants' assertion that the status of amendments impacting governmental structure enacted since the Title II Amendments of 1989 is unclear, the Court provides clarification of the status of these amendments.  The Court stated that of all the entities established at that time, the Commission on Government Development and the Office of Navajo Government Development were the sole entities established according to the wishes of the People expressed through the coordinator of the Government Reform Project, who had recorded the People's comments from chapter to chapter.  As the Commission served several functions including educating the People as to our government structure and alternative governmental forms, its dissolution on October 17, 2007 by the Council cannot stand.  Rather than for government to continue to put forward governmental structural changes piecemeal to public vote, the Court held that the Commission and Office must be immediately restored according to the original terms in the Title II Amendments of 1989 in order to renew providing information and education to the public and finally fulfill its purpose.  See Press Release.