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Yá’át’ééh! We who work for
the public in Aląąjį' Hashkééjí Nahat'á welcome you to our
website. It is our intent for this website to provide
the public, and practitioners, easy access to information
about our justice system and the efforts of Aląąjį'
Hashkééjí Nahat'á in carrying out our duties and
responsibilities. Utilize the information to foster
respect for our laws and the well-being of all human beings.
-- Chief Justice Herb Yazzie
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SELECTED
COUNCIL RESOLUTIONS
Volumes 1-8 of
the Navajo Nation Reporter
(NNIJISP) -- Navajo Nation Integrated Justice Information
sharing project
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This page was last
updated on
03/10/2010 |
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Shirley v. Morgan, SC-CV-02-10 -- This case is an appeal of the Window Rock District Court ruling that the Navajo Nation Council's resolution CO-41-09 placing President Joe Shirley on administrative leave was null and void. Appellants are the Navajo Nation Council and Lawrence T. Morgan, Appellees are the Office of the Navajo Nation President and Vice-President and Joe Shirley, Jr.
As a result of the enactment of Resolution CJA-08-10, the Navajo Nation Supreme Court is requesting supplemental briefs and has revised the briefing schedule and date of oral argument in the above numbered matter to include, if any, the issue on the impact of the new legislation. For details of the new filing schedule for the parties and amicus curiae, including page limits, please see attached Order Requesting Supplemental Briefs. Please also note that the oral argument originally set for March 19,2010 has been rescheduled to Monday, April 19, 2010 at 10:00 a.m. at Dine College, Tsaile, Navajo Nation.
As this is a matter of great public interest, briefs filed will be uploaded to this site as they become available. Some appendices may not be included in the upload due to size. The following briefs have been filed:
Appellants' Brief in Chief filed on Feb 19, 2010 by Sutin, Thayer and Browne. (2 MB)
Answering Brief for President Joe Shirley, Jr. and His Office filed on March 1, 2010 by Gallagher & Kennedy, P.A.. (2 MB)
Amicus Curiae Brief of Eddie J. Arthur filed on March 5, 2010 by James E. Fitting of Luebben Johnson & Barnhouse LLP (1.1 MB)
Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley, SC-CV-03-10 --
This case is an appeal of a decision by the Office of Hearings and Appeals dismissing Appellant's statement of grievance. Appellant is Timothy Nelson, Appellees are the Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley.
As a result of the enactment of Resolution CJA-08-10, the Navajo Nation Supreme Court is requesting supplemental briefs and has revised the briefing schedule and date of oral argument in the above numbered matter to include, if any, the issue on the impact of the new legislation. For details of the new filing schedule for the parties and amicus curiae, including page limits, please see attached Order Requesting Supplemental Briefs and Order Granting Motion For Leave to Appear Amicus Curiae (addressing supplemental amicus filing schedule for Hada'a sidi). Please also note that the oral argument set for March 12,2010 has been rescheduled to Tuesday, April 20, 2010 at 10:00.m. at Navajo Nation Museum, Window Rock, Navajo Nation.
As this is a matter of great public interest, briefs filed will be uploaded to this site as they become available. Some appendices may not be included in the upload due to size. The following briefs have been filed:
Appellants' Opening Brief filed on Feb 16, 2010 by The Law Offices of John Trebon. (3 MB)
Response Brief filed on March 1, 2010 by Albert A. Hale, Hale Law Firm. (1 MB)
Brief of Hada'a Sidi, Milton Bluehouse Sr & Elouise Brown, Amici Curiae filed on March 2, 2010 by James W. Zion, Their Attorney. (790 KB)
Amicus Curiae Brief of the Navajo Nation Department of Justice filed on March 5, 2010 (1 MB)
Amicus Curiae Brief of Eddie J. Arthur filed on March 5, 2010 by James E. Fitting of Luebben Johnson & Barnhouse LLP (1.1 MB)
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supreme court opinions and oral arguments
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** REVISED Dates for Oral Arguments:
Shirley v. Morgan, Case No. SC-CV-02-10, Office of the Navajo Nation President and Vice-President and Joe Shirley, Jr. – Appellees, the Navajo Nation Council and Lawrence T. Morgan - Appellants. The date for oral argument in the above numbered matter has been changed. The oral argument originally set for March 19,2010 has been rescheduled to Monday, April 19, 2010 at 10:00 a.m. at Dine College, Tsaile, Navajo Nation on the 4th floor of the Hathalie Building. Please see attached Order Requesting Supplemental Briefs
Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley, Case No. SC-CV-03-10, Timothy Nelson, Leupp, Arizona, Petitioner-Appellant, Initiative Committee to Reduce Navajo Nation Council, Office of the President and Joe Shirley, Jr., Respondents-Appellees. The date for oral argument in the above numbered matter has been changed. The oral argument set for March 12,2010 has been rescheduled to Tuesday, April 20, 2010 at 10:00 a.m. at Navajo Nation Museum, Window Rock, Navajo Nation. Please see attached Order Requesting Supplemental Briefs
Latest Opinion(s):
For all recent opinions for which no motions are pending (2006 - present), click here.
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Click here for the 2010 list of Judicial Branch holidays.
Regular Meetings of the Judiciary Committee: are every first and third Thursday of the month in Window Rock. For details please contact Benson Begay, Legislative Assistant, (928) 871-7240.
Monday, February 15 -- Presidents Day - courts closed
Monday, April 19, 10 am -- Navajo Nation Supreme Court oral argument, Shirley v. Morgan, SC-CV-02-10, at Dine College, Tsaile, 4th floor, Hathalie Building
Tuesday, April 20, 10 am -- Navajo Nation Supreme Court oral argument, Nelson v. Shirley, SC-CV-03-10, at the Navajo Nation Museum
Monday, April 26 -- Navajo Nation Sovereignty Day - courts closed
Friday, April 30 -- Quarterly Judicial Conference
Monday, May 31 -- Memorial Day - courts closed
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oTHer
BRANCH
NEWS |
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Judicial Branch Fiscal Year 2010 First Quarter Report
The Navajo Nation revenue projections for FY 2010 resulted in less money for program operations and expenditures within the Judicial Branch. The budgetary impact means doing more with less. To conserve limited funds, a decision has been made to begin distribution of Judicial Branch Quarterly Reports by email instead of distribution of printed documents. We appreciate your understanding and cooperation with this method of distribution. If there are questions or concerns, please contact Pauline Yazzie at paulineyazzie@navajo.org. Click here for a .PDF copy of the Judicial Branch Fiscal Year 2010 First Quarter Report, Oct 1, 2009 - Dec 31, 2009
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| January 27, 2010 -- Associate Justice Louise Grant assisted the Navajo Division of Public Safety with the Oath of Office swearing-in ceremony of 47 newly commissioned Navajo Nation Criminal Investigators |
Arizona State Senator Albert Hale addressing the new investigators. |
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Passport Application Fees
The Navajo Nation Supreme Court office has updated the fee chart for processing U.S. Passport applications through that office. Please visit the Supreme Court site for more details
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Navajo Nation Integrated Justice Information Sharing Project
New Dawn Technologies was selected by the NNIJISP Technology Oversight Committee on Friday, September 11, to supply an integrated case management system for the courts, probation, peacemaking, prosecutor, and defender in the Shiprock Police and Judicial District on a Proof of Concept basis. If successful, the case management system will then go through the process of approval for roll-out to the remaining districts in the Navajo Nation. For more information, see the IJIS TA report and abstract, Sept 6, a technical assistance report issued following a May 12-15, 2009 data gathering visit to the Navajo Nation justice community.
New Dilkon Courthouse
Dilkon celebrated the grand opening of its new multi-purpose district court building on July 31, 2009 nearly a year after its groundbreaking. The new 14,000-square foot complex situated on 2.3 acres of land north of milepost 55 along Route 15 is the first of its kind on the Navajo Nation. Its unique design incorporates a design in sync with Navajo tradition by incorporating the four sacred colors—white, blue, yellow and black. President Shirley has called the courthouse "a beautiful place where wrongs can be righted, hearts can be mended."
Selection of Judge Thompson
On Thursday, July 23, 2009, the Navajo Nation Council voted 57-0 unanimously to confirm the selection of Cynthia Thompson as a Navajo Nation District Court Judge. Judge Thompson has served in the Navajo Nation judicial system as a Judicial Hearing Officer and Court Administrator. She was formerly a prosecutor in Chinle and an advocate and Co-Director of Public Benefits with DNA-People's Legal Services. A member of the Navajo Nation Bar Association, she is from the Tábąąhá (Water Edge Clan) and born for Bilagáana (Anglo). Her maternal grandfather’s clan is Ma'ii Deeshgiizhinii (Coyote Pass People), and her paternal grandfather’s clan is Bilagáana (Anglo).
Shiprock Chosen as Initial District for CMS Roll-Out
The Technology Oversight Committee has chosen Shiprock as the initial district for roll-out of the new integrated case management system.
Pictures From Annual Judicial Conference
Click here for pictures from the Judicial Branch Annual Judicial Conference, June 16 - 19, 2009 at the Fort McDowell Yavapai Indian Nation, Arizona. The theme this year: "Navajo Justice 1959 - 2009 -- 50 Years of Reflection"
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OTHER
NEWS |
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Book
Announcement:
Raymond Austin’s
“Navajo Courts
and Navajo
Common Law”
Former Navajo
Nation Supreme
Court Justice
Raymond D.
Austin has just
published “Navajo
Courts and
Navajo Common
Law: A Tradition
of Tribal
Self-Governance”
with the
University of
Minnesota Press.
Justice Austin
considers the
history and
implications of
how the Navajo
Nation courts
apply
foundational
Navajo doctrines
to modern legal
issues. He
explains key
Navajo
foundational
concepts like Hózhó (harmony), K’é
(peacefulness
and solidarity),
and K’éí
(kinship) both
within the
Navajo cultural
context and,
using the case
method of legal
analysis, as
they are adapted
and applied by
Navajo judges in
virtually every
important area
of legal life in
the tribe.
In addition to
detailed case
studies, Justice
Austin provides
a broad view of
tribal law,
documenting the
development of
tribal courts as
important
institutions of
indigenous
self-governance
and outlining
how other
indigenous
peoples, both in
North America
and elsewhere
around the
world, can draw
on traditional
precepts to
achieve
self-determination
and
self-government,
solve community
problems, and
control their
own futures.
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Navajo
Nation Code now available to Westlaw Subscribers
The laws of the Navajo Nation (Navajo Nation
Code) are now accessible world-wide through the
internet on Westlaw, one of the primary online
legal research services for lawyers, law
students and legal professionals in the United
States and other parts of the world. The codes
are also available in a hardbound four volume
book version with 2008 edition pocket-part
supplements and a 2008 edition CD ROM as well.
For more information, contact the Office of
Legislative Counsel at 928-871-7166. For
information on Westlaw, click
here.
Obama
Administration Priority Issues for Indian Country
Secretary of the Interior
Ken Salazar's views on the Obama Administration's
priority issues in Indian Country were presented at
a hearing before the Senate Committee on Indian Affairs
on Feb. 12, 2009. The priority issues include
providing professional training related to police,
detention and judicial services and strengthening tribal
court systems.
New 2008 Edition
Navajo Nation Code Books
The new 2008 Edition of the Navajo
Nation Code Annotated is
available for purchase as 2008 pocket parts to supplement
the four volume hard bound book versions or searchable all new
2008 CD ROM versions for computer use.
Books for NNBA
Members
The Navajo Nation
Department of Justice is offering free culled
books from its library to NNBA members.
Attached is a
list of the
free books. Please contact Paul
Spruhan via
email
or phone (928) 871-6229 to claim any volumes and
to set up a time to pick them up.
Report on
Restructuring Navajo Government
Navajo Nation Council
Speaker Lawrence T. Morgan has announced the completion
of a
report
to be presented at the Council's Fall Session on Oct
20-24, a primary emphasis of which is that the
restructuring of the government should be conducted to
embrace historic governing practices of the Diné. The
71-page report is divided into four primary sections,
which include: Constitutionalism, Governance and the
Separation of Powers, Judicial Review in the Navajo
Nation and Recommendations for the Future.
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