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NEWS, PRESS RELEASES, &
ANNOUNCEMENTS
Last
updated on
07/09/2008
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NOTICE OF JUDICIAL
BOUNDARY CHANGE
The northern portion of Huerfano chapter
has been moved from Crownpoint Judicial District to Shiprock Judicial
District, effective June 5, 2008. This change is a result of
operational and service necessities of the Division of Public Safety and
the Judicial Branch and the desires of Huerfano Chapter residents.
See
JCJN-03-08
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Article from AIRBLOG,
Wednesday, June 25, 2008
Supreme Court strikes down tribal
jurisdiction
In a 5-4 decision the U.S. Supreme Court ruled that the Cheyenne
River Sioux Tribe does not have jurisdiction over a non-Indian bank
doing business on the reservation. In
Plains Commerce Bank v. Long,
the Court reversed the 8th Circuit Court of Appeals, which said the bank
was subject to tribal jurisdiction.
Plains Commerce Bank, a
non-Indian bank, sold land it owned in fee simple on the CRST
reservation to non-Indians. The Longs, an Indian couple who had been
leasing the land with an option to purchase, claimed the bank
discriminated against them by selling the parcel to nonmembers of the
tribe on terms more favorable than the bank offered to sell it to them.
The couple sued in tribal court, asserting discrimination,
breach-of-contract, and bad-faith claims. Over the bank's objection, the
tribal court concluded that it had jurisdiction and proceeded to trial,
where a jury ruled against the bank on three claims, including the
discrimination claim.
Writing for the majority, Chief
Justice John G. Roberts said once the land was sold in fee simple to
non-Indians, it passed beyond the tribe’s control. And the mere resale
of the land to non-Indians did not threaten the tribe’s interests.
Roberts drew a distinction
between the sale of the land and non-Indian activity on the land.
Precedent, he said, did allow for the tribe to protect its interest in
guarding the health or safety of its member by regulating non-Indian
activity on the land.
“But the key point is that any
threat to the tribe’s sovereign interests flows from changed uses or
non-member activities, rather than from the mere fact of resale,”
Roberts wrote.
Justices Ginsberg, Stevens,
Souter and Breyer dissented.
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June 24, 2008
FOR IMMEDIATE RELEASE
The Navajo Nation Council - Office of the Speaker
Contact: Joshua Lavar Butler,
Communications Director
Phone: (928) 871-6384
Cell: (928) 255-2946
Fax: (928) 871-7255
joshualavarbutler@navajo.org
joshualavarbutler@yahoo.com
www.navajonationcouncil.org
Judicial Conduct Commission in place to enhance
public confidence in Navajo Nation Judiciary
WINDOW ROCK, Ariz. --
Navajo Council Delegate Kee Allen Begay Jr. issued a
public service announcement today regarding the Navajo
Nation's Judicial Conduct Commission.
Begay, who represents the chapters of Many Farms and
Round Rock, said that the Judiciary Committee of the
21st Navajo Nation Council would like to remind the
general public that the Navajo Nation has a five-member
Judicial Conduct Commission that was put in place to
enhance public confidence in the Navajo Nation Judiciary
by providing a fair, impartial and expeditious forum to
hear complaints and grievances against justices and
judges of the Navajo Nation.
These complaints and grievances involve alleged
violations of the Code of Judicial Conduct, personnel
policies for justices and judges, and any other Navajo
Nation laws or policies that set standards of ethics and
conduct for justices and judges.
Navajo Nation Code 7 N.N.C. §§ 421-424 outlines the
establishment of this commission.
For more information, contact the Judicial Branch of the
Navajo Nation at 928-871-6762 or contact the Legislative
Advisor for the Judicial Committee of the 21st Navajo
Nation Council at 928-871-7171.
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PUBLIC SERVICE ANNOUNCEMENT Contact:
Edward B. Martin, Director of Judicial Administration
Judicial Branch of the Navajo Nation
(928) 871-6762 / Fax (928) 871-6761
edmartin@navajo.org
FOR IMMEDIATE RELEASE
DATE: FRIDAY, May 30, 2008
JUDICIAL BRANCH OF THE NAVAJO NATION
COURTS AND OFFICE CLOSURES
All Navajo Nation courts and Judicial Branch offices, including
family and district courts, peacemaking and probation services, Supreme
Court of the Navajo Nation, and the Administrative Office of the Courts,
will be closed June 24-27, 2008. All court and administrative personnel
will be attending the 2008 Judicial Branch Annual Conference in
Albuquerque, New Mexico. The local law enforcement should be contacted
for any emergencies.
All courts and offices will resume normal business hours at 8:00
a.m., Monday, June 30, 2008.
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PRESS
RELEASE
Contact:
Edward B. Martin, Director of Judicial Administration
Judicial
Branch of the Navajo Nation
(928) 871-6762 / Fax (928) 871-6761
edmartin@navajo.org
FOR IMMEDIATE RELEASE
DATE: REVISED MONDAY, March 17, 2008
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NAVAJO NATION JUSTICE DAY 2008
The Judicial
Branch of the Navajo Nation is pleased to announce that the
Navajo Nation Courts will celebrate their 49th
birthday on April 1, 2008. The Navajo Nation assumed full
control of its judicial system in 1959. Navajo Nation Justice
Day gives the public an opportunity to visit the courts on the
dates below to learn more about how our justice system works.
Everyone is cordially invited to visit the courthouse in their
vicinity. |
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DATE |
LOCATION |
INFORMATION |
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April 1, 2008 |
Alamo Court
Alamo, New
Mexico |
(505) 854-2668 |
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April 2, 2008 |
Window Rock
Judicial District
Window Rock,
Arizona |
(928) 871-6626 |
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April 2, 2008 |
To’hajiilee
Court
To’hajiilee,
New Mexico |
(505) 836-1642 |
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April 4, 2008 |
Shiprock
Judicial District
Shiprock, New
Mexico |
(505) 368-1270 |
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April 4, 2008 |
Ramah Judicial
District
Ramah, New
Mexico |
(505) 775-3218 |
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April 4, 2008 |
Dilkon
Judicial District
Dilkon,
Arizona |
(928) 657-8140 |
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April 11, 2008
changed to
April 18, 2008 |
Tuba City
Judicial District
Tuba City,
Arizona |
(928) 283-3140 |
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April 11, 2008 |
Chinle
Judicial District
Chinle,
Arizona |
(928) 674-2070 |
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April 18, 2008 |
Crownpoint
Judicial District
Crownpoint,
New Mexico |
(505) 786-2072 |
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May 2, 2008 |
Aneth Judicial
District
Aneth, Utah |
(435) 651-3545 |
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May 2, 2008 |
Kayenta
Judicial District
Kayenta,
Arizona |
(928) 697-5541 |
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FOR IMMEDIATE
RELEASE
DATE: THURSDAY, March 6, 2008
COMMENTS WANTED ON ASSOCIATE JUSTICE APPLICANTS
The public is invited to comment, express a concern, or state a
recommendation on the qualifications or character of any applicant for
an associate justice position.
On March 31, 2008, the following
individuals will be interviewed by the Judiciary Committee of the Navajo
Nation Council for the position of associate justice:
1. Judy R. Apachee, Flagstaff,
Arizona
2. Louise G. Grant, Window Rock, Arizona
3. Regina Holyan, Gallup, New Mexico
4. Carol K. Perry, Window Rock, Arizona
5. Eleanor Shirley, Window Rock, Arizona
Please provide a written statement
addressed to Kee Allen Begay, Chairperson, Judiciary Committee of the
Navajo Nation Council, Post Office Box 520, Window Rock, Arizona 86515.
Anonymous statements will not be considered. Signed statements may be
faxed to (928) 871-6761. The closing date for receipt of the signed
statement is March 26, 2008, 5:00 p.m.
For additional
information, contact:
Edward B. Martin, Director of Judicial
Administration
Judicial Branch of the Navajo Nation
Post Office Box 520, Window Rock, AZ 86515
Phone (928) 871-6762
Fax (928) 871-6761
Email edmartin@navajo.org
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Courts in new digs, but funds for new complex elusive
By Bill Donovan
Navajo Times
WINDOW ROCK, Jan. 3, 2008
As 2007 ended, Navajo
Nation Supreme Court officials did something they've
wanted to do for years - move out of the dilapidated
trailers that have been their home for more than
three decades.
They and many other judicial branch officials
have set up shop temporarily in the Damon Building,
said Chief Justice Herb Yazzie.
The Damon Building, former site of the Navajo
Nation Bar Association, is located south of Highway
264 near the intersection with Navajo Route 12.
Ever since he became chief justice and head of
the judicial branch in 2005, Yazzie has been working
to move the courts into a modern facility more in
keeping with the dignity of the tribal justice
system.
That moment hasn't arrived yet, largely because
there is no money to build a judicial complex, but
Yazzie did manage to secure enough tribal funds to
purchase some newer and bigger trailers that will
serve until his dream is realized.
"We have been seeking funds from Congress but so
far all we have received is funds to do a study,"
Yazzie said.
He said the need for a study wasn't clear since
the need for new quarters is clear to anyone who
visits the Supreme Court.
He's hoping to be in the new trailers by this
summer.
This isn't the only addition to the judicial
branch that tribal members will be seeing in the
next few months. The Navajo Nation Council also
provided funds to build a hogan in each of the five
judicial districts for use by the tribe's Peacemaker
Program.
The peacemaking process has gained respect within
and outside the reservation as a way to combat the
trend towards rising violence in many Native
communities.
"It's become more important," Yazzie said,
"because the process involves the disputing parties
and allows them to reach a solution instead of
having it handed down to them by a third party."
Much of the efforts of Yazzie and other tribal
judges has been to promote the peacemaking process
and to create a body of law that reflects not only
the Anglo system of justice but keys that to the
values embodied in Navajo Fundamental Law.
In the 20 opinions that have been released in
2007, the Supreme Court, time after time, relied on
Navajo Fundamental Law to do everything from
upholding the right of tribal members to get court
documents to expanding the jurisdiction of the
Navajo Preference and Employment Act to cover public
school employees.
Many of its cases in 2007, as well as in years
past, have dealt with the Navajo preference laws and
the court has been called upon several times to
interpret what the law means to the average Navajo
worker.
The preference law has been at the center of so
many cases to come before the Supreme Court that
Yazzie says it may be time for the tribal council to
revisit that law and make amendments that will spell
out in greater detail what the lawmakers intended it
to do.
As 2008 began, Yazzie found himself alone on the
three-member Supreme Court after the retirement in
December of Associate Justice Lorraine Ferguson.
Yazzie has been making do with pro tem appointees
to fill out the high court throughout his tenure
while the tribe struggled to find qualified
candidates for a permanent appointment. Now he's got
two associate justice chairs empty.
He will continue relying on district court
justices to step in on a temporary basis and while
he says this has not been a hindrance so far, for
the sake of stability the associate justice
positions need to be filled as soon as possible.
One concern that comes up regularly among many
tribal members is the crisis in tribal jail space
and the related inability of tribal courts to lock
up people who may be a danger to themselves or
others.
While he admits he is not a big fan of putting
people in jail, Yazzie said he sees the need for it
at times in order to make the reservation a safe
place to live.
"This is a societal problem all across the United
States, not just here on the Navajo Reservation,"
Yazzie said.
The solution, however, is not to use the jail or
court system as a way to solve society's problems,
he said. Tribal judges don't have the resources to
solve many of the problems that come before them on
a daily basis - feuding families, violence in the
family, rampant alcohol and drug abuse, and
increasing problems with juveniles.
All of these problems need to be addressed by
other programs within the tribe, he said, adding
that if they had the resources to do so there would
probably be a lot less court cases.
"There needs to be of a conscious effort to
address the substance abuse problem on the
reservation," he said, adding that tribal leaders
must "acknowledge that there is a problem in the
first place." More effort needs to be made to solve
these problems on the reservation instead of sending
tribal members off the reservation for counseling
and rehabilitation.
The cases coming before the courts also indicate,
he said, that "the kids and the elderly on the
reservation are also in need of more services." As
for 2008, Yazzie said people would be hearing more
about the court's initiative to review and analyze
its procedures and rules.
"We want to see how these rules can be revised
and applied so that it would facilitate the Navajo
traditional peacemaking system," he said.
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ANNOUNCEMENT
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After 15 years
on the Navajo Judiciary and 7 years with the Navajo Nation
Department of Justice, the Honorable Associate Justice LORENE B.
FERGUSON is retiring.
Please join us for a dinner in her honor
scheduled for Monday, November 26, 2007, 6 pm, at Fort Defiance Chapter House, Fort Defiance, AZ.
RSVP by 1 PM to Michael or Benji at (928)
871-6763
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PRESS RELEASE
Office of the Chief
Justice
P O Drawer 520
Window Rock, Navajo
Nation, AZ 86515
FOR IMMEDIATE RELEASE
July 24, 2007
Contact: Linda
Bitsoi
(928)
871-6762 / Fax (928) 871-6761
lindabitsoi@navajo.org
JUDICIAL BRANCH ANNOUNCES “RULES HARMONIZATION
PROJECT”
Chief
Justice Herb Yazzie is proud to announce an initiative beginning in
August, 2007 that will explore methods of conforming Navajo rules of
court toward Diné bi beenahaz’áanii principles.
Diné bi beenahaz’áanii, the Fundamental Laws of the Diné, was
recognized by the Navajo Nation Council in November, 2002.
The
“Rules Harmonization Project” is so named due to an acknowledgement that
Diné culture and western-style dispute resolution methods rely often on
deeply opposing principles. In international law, the word
“harmonization” means the process by which such opposing principles may
be addressed and conformed in such a manner that there can be a smooth
relationship between two sovereign states in the important area of
cross-border dispute resolution.
In
the past, as a result of the operation of past conquest
and treaties, the court principles of the stronger state, the United
States, was transplanted onto the weaker state, the Navajo Nation. The
use of one set of methods by no means acknowledges that the principles
of one society are better than the other. Principles exist, and
are accepted, in relation to the culture of the people who are affected
by them.
Civil
procedure has been called the most important document of a culture.
It is
not commonly known that 75% of the world do not use the Anglo-style
court system. For example, in French and German courts, the judge plays
an active part in asking questions, getting evidence, and helping the
parties understand the issues and remedies. In other European
courts, people speak freely in a courtroom without formalities. There
are other court systems where people are helped by the judge in fixing
mistakes in their petition so that meritorious cases are not dismissed
due to such mistakes. Such methods conform to the Diné value of access
to justice. Many legal scholars, today, advocate that the Anglo
American court system learn from such methods.
It is
hoped that the harmonization project will be one of many initiatives
that will bring the mainstream of Diné life into our courtrooms. The
progress of the project will be posted regularly on the Judicial Branch
website.
The
Diné public and practitioners are invited to participate in the spirit
of nábináhaazláago.
All who are interested in the procedures of our courts, and who have
some expertise or knowledge as to the issues are asked to volunteer to
participate. Please submit your email or letter of interest to the
Office of the Chief Justice directly.
The
project has been carefully planned over the past year. In 2006, the
Judicial Branch Peacemaking Program staff was supplemented by a
Bi-Culture Training Manager. In late 2006, noted legal scholars in
international and tribal comparative civil procedure were invited to
participate.
The
Judicial Branch is proud to announce that all legal scholars approached
have agreed to participate without fee. The scholars are Prof. Geoffrey
Hazard, Prof. Kenneth Bobroff and Prof. Melissa Tatum.
Professor Geoffrey Hazard is the primary figure in the United States
today in comparative civil procedure and legal ethics. He is presently
Trustee Professor of Law at the University of Pennsylvania Law School,
Miller Professor of Law at the University of California Hastings College
of the Law, and Director Emeritus of the American Law Institute, for
which he served as Director from 1984-1999. Professor Hazard's fields
have been civil procedure, federal jurisdiction and professional
ethics. He co-authored American Civil Procedure: An Introduction
(with Michele Taruffo, Yale Univ. Press 1993) and was at the forefront
of the successful ALI-UNIDROIT effort to harmonize American and European
procedural law in transnational business cases which resulted in the
publication of the ALI/UNIDROIT Principles of Transnational Civil
Procedure (Cambridge Univ. Press 2005).
Professor Kip Bobroff of UNM Law School is the author of Diné bi
beenahaz’áanii: Codifying Indigenous Consuetudinary Law in the 21st
Century (5 Tribal Law Journal 2004-05). A former DNA Attorney, he
also serves on the Rules Committee of the NNBA.
Professor Melissa Tatum of the University of Tulsa College of Law is the
Co-Director of the Native American Center at the University of Tulsa and
the author of Tribal Courts: Tensions Between Efforts to Develop
Tribal Common Law and Pressures to Harmonize with State and Federal
Courts, in “Harmonizing Law in an Era of Globalization: Convergence,
Divergence and Resistance.” (2006).
At
this time, other project participants are Roger Begaye, Bi-Culture
Training Manager of the Peacemaking Program and all experts in Diné
culture who are available to assist Mr. Begaye; Paul Spruhan, Law Clerk
of the Navajo Supreme Court; Josephine Foo, Associate Attorney of the
Navajo Nation Supreme Court; C. Curtis Heeter, Staff Attorney of the
newly established K'aayélii Judicial District Court; Patterson Joe, a
private practitioner in Dilkon, Arizona; Dr. Judith Palier, Chairman of
the Political Science Department of San Juan College; and Joel Jasperse,
an attorney with New Mexico Legal Aid in Gallup, New Mexico.
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PUBLIC
SERVICE ANNOUNCEMENT
NOTICE OF HEARING
TO: THE NAVAJO NATION
PUBLIC
You are hereby notified that a hearing before the
Judiciary Committee of the Navajo Nation Council to evaluate the
performance of Probationary Chief Justice Herb Yazzie of Navajo Nation
Supreme Court is scheduled as follows:
August 21, 2007, at 9:00 A.M., at Navajo Nation Museum,
Window Rock, Navajo Nation (Arizona).
The hearing will be conducted in accordance with the
Hearing Rules of the Judiciary Committee of the Navajo Nation Council to
evaluate the performance of probationary judges adopted by Judiciary
Committee Resolution JCJN-3-97 on June 19, 1997. The hearing is
open to the public. However, in accordance with Hearing Rules 7(B)
and (C) and 8(L), only those persons who submit written testimony by
5:00 P.M., July 30, 2007 shall be allowed to speak and testify on the
date of the hearing.
You are welcome to submit written testimony or for more
information, contact the Judiciary Committee's Legislative Advisor,
Lawrence John or Legislative Assistance, Pauletta Tsosie at (928)
871-7157.
Date: July 13, 2007
Lawrence John,
Legislative Advisor
Judiciary
Committee of the Navajo Nation Council
P O Box 3390
Window Rock, AZ
86515
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PUBLIC
SERVICE ANNOUNCEMENT
NOTICE OF HEARING
TO: THE NAVAJO NATION
PUBLIC
You are hereby notified that a hearing before the
Judiciary Committee of the Navajo Nation Council to evaluate the
performance of Probationary District Court Judge Carol Perry of Ramah
Navajo District is scheduled as follows:
On August 20, 2007, at 10:00 A.M., at Ramah Navajo
Chapter House, Ramah, Navajo Nation (New Mexico).
The hearing will be conducted in accordance with the
Hearing Rules of the Judiciary Committee of the Navajo Nation Council to
evaluate the performance of probationary judges adopted by Judiciary
Committee Resolution JCJN-3-97 on June 19, 1997. The hearing is
open to the public. However, in accordance with Hearing Rules 7(B)
and (C) and 8(L), only those persons who submit written testimony by
5:00 P.M., July 27, 2007 shall be allowed to speak and testify on the
date of the hearing.
You are welcome to submit written testimony or for more
information, contact the Judiciary Committee's Legislative Advisor,
Lawrence John or Legislative Assistance, Pauletta Tsosie at (928)
871-7157.
Date: July 13, 2007
Lawrence John,
Legislative Advisor
Judiciary
Committee of the Navajo Nation Council
P O Box 3390
Window Rock, AZ
86515
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No.
SC-CV-53-06
Cedar Unified School District,
Petitioner,
v.
Navajo Nation Labor Commission,
Respondent,
And concerning,
Helena Hasgood, et al.,
Real Party in Interest.
Writ of
Prohibition re: NNLC 2005-028, Honorable Casey Watchman,
Chairman.
FOR
PETITIONER:
Patrice M. Horstman, Esq.
Flagstaff, Arizona
REAL PARTY IN INTEREST HASGOOD, ET AL:
John Chapela, Esq.
Window Rock, Navajo Nation (AZ)
FOR AMICUS NAVAJO NATION:
Louis Denetsosie, Esq.
Luralene Tapahe, Esq.
Navajo Nation Department of Justice
Window Rock, Arizona
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No. SC-CV-54-06
Red Mesa Unified School District
Petitioner,
v.
Navajo Nation Labor Commission,
Respondent,
And concerning,
Sara Yellowhair,
Real Party in Interest
Writ of Prohibition re: NNLC 2005-020,
Honorable Casey Watchman, Chairman
FOR REAL PARTY IN INTEREST YELLOWHAIR:
David Jordan, Esq.
Gallup, New
Mexico
FOR AMICUS
STATE OF ARIZONA:
Terry
Goddard, Esq.
Mary
O’Grady, Esq.
Kathleen
Sweeney, Esq.
Phoenix,
Arizona
Franklin
Hoover, Esq.
Flagstaff,
Arizona
FOR AMICUS
ARIZONA SCHOOL RISK RETENTION TRUST:
Erin
Byrnes, Esq.
Phoenix,
Arizona |
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ORAL ARGUMENT scheduled for
July 19, 2007 @ 1:00 p.m. at the Red Mesa Chapter House, Red Mesa,
Arizona.
Case
Summary
This matter is a consolidation of cases.
The Red Mesa Unified School District and the Cedar Unified School
District both filed for Writs of Prohibition against the Navajo Nation
Labor Commission (NNLC). Essentially in the Writs, the school districts
claim that the NNLC does not have jurisdiction to hear the case. Both
Writs concern enrolled Navajo employees who were terminated from their
respective school districts.
In both cases, Navajo employees signed
employment contracts with the school districts. However, these contracts
contained provisions that subjected the Navajo employees (and the
contracts) to Arizona law. At first, the employees utilized the school
district’s due process (governed by Arizona law). Instead, the employees
filed claims under the Navajo Preference in Employment Act (NPEA).
The general question is whether the NPEA
is precluded by Arizona law (governing school employee’s due process)
when an enrolled Navajo individual signs an employment contract with an
off reservation employer even though the contract contained specific
provisions for Arizona law applicability and the school is located
within the Navajo Reservation.
The school districts now challenge this
action. The school districts request that this Court order the NNLC to
dismiss the complaint filed by the Real Parties in Interest for lack of
(NNLC) subject matter jurisdiction. In addition, the school districts
request an alternative writ, prohibiting the NNLC from taking any
further action with respect to the Real Party in Interest’s complaint
until this court gives further notice.
In both matters, amicus briefs were filed
by the Navajo Nation Department of Justice, the Arizona Attorney
General’s Office, and the Arizona School Risk Retention Trust. The
School Risk Retention Trust insures the school districts. Summarizing,
the Real Party in Interests and the Navajo Nation Department of Justice
argue for the NPEA application. Red Mesa Unified School District, Cedar
Unified School District, the Arizona Attorney General Office, and the
School Risk Retention Trust argue that the Real Party in Interests
received due process according to Arizona law and remedies should be
sought under Arizona law.
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Navajo Nation Council
Office of the Speaker
Contact: Sararesa Begay, Public Information Officer
(928) 871-6384
sararesabegay@navajo.org
http://www.navajonationcouncil.org
June 26, 2007
FOR IMMEDIATE RELEASE:
Judiciary Committee members hear perspectives on the Diné Fundamental
Law
TSAILE, Ariz. – The Honorable Speaker Edward T. Begay said he began
to work on the development of the Diné Fundamental Law when he was asked
numerous times by non-Navajos, “Where are your laws?”
Begay told members of the Judiciary Committee members, legislative
staff members and Navajo audience members attending the Friday, June 15,
2007
Judiciary Committee members at Diné College that when he was a council
delegate and a speaker, he “got tired of being asked this question so I
went to
work to create the Diné Fundamental Law that represents the interest of
our Navajo people.”
“Many times when advocating on the outside (of the Navajo Nation) I
was always asked, ‘Where are your laws?’” said Begay who was elected to
the tribal council in 1971. “Some of the (outside) leaders told me that
there are some words in the law that should not be acknowledged. This
law has made you all become aware. Now the judges are making rulings on
fundamental law not really knowing. We have forgotten our own way of
life.”
Begay added that the “western thinking has not completely benefited
us.”For this reason, it is critical for the Navajo Nation to address the
Diné Fundamental Law.
“In 2002, the Navajo Nation government created the Fundamental Law,”
said Judiciary Committee chairperson Kee Allen Begay Jr. (Many
Farms/Round
Rock). “”We have never worked to implement the law. We need to discuss
the use of the Fundamental law in the court system. We have a law, and
we have to directly discuss how to implement this law that can be
effectively used by the Judiciary Branch. We have an interest in
determining how we can utilize the Diné Fundamental Law.”
Robert Yazzie of the Diné Policy Institute said the reasons for the
passage of the Diné Fundamental Law are to preserve the Navajo way of
life, and
sovereignty.
Judge Leroy Bedonie asked how judges may work with the implementation
of the Diné Fundamental Law.
“We did begin to work and address, but it did become difficult,”
Bedonie told the Judicial Committee members and audience. “We have been
told as Judicial Branch we are charged with implementation of the Diné
Fundamental Law. We are working on this effort, but we are challenged
with obstacles.”
Judge Allen Sloan said they he and his colleagues are able to
implement the customary law portion.“To me this is how the law works,”
Sloan said. “You will find that some judges have made the personal
decision to not wear the judge robe. We enter with our turquoise our
belt; this is the practice, the etiquette of the judicial demeanor.
Slowly, we are making some changes.”
David Jordan, Vice-President of the Navajo Nation Bar Association who
practices law at the Gallup, N.M. – based law firm Jordan and Rosebrough,
said progress needs to be made, and the traditional Navajo values and
beliefs need to be taught. Jordan added that there’s needs to be a
clarification from the 21st Navajo Nation Council on direction that
needs to be given to the Navajo Nation Supreme Court.
“What happens if we have an old statue that conflicts with the Diné
Fundamental Law?” Jordan asked. “We have to have the Judicial Committee
do
something about that this.”
Recommendations that came from the meeting included creating a review
and revision of bringing laws to conform to Diné Fundamental Law, and
create a
multi-committee panel. Additionally, to work together to achieve an
initiative to fit the customs and values of the Navajo Nation Law.
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Navajo Nation Council
Office of the Speaker
Contact: Sararesa Begay, Public Information Officer
(928) 871-6384
sararesabegay@navajo.org
http://www.navajonationcouncil.org
June 26, 2007
FOR IMMEDIATE RELEASE:
Judiciary Committee
Chairperson requests public support and assistance
WINDOW ROCK, Ariz. – Kee
Allen Begay (Many Farms/Round Rock), Judiciary Committee Chairperson, is
requesting support from the public and concerned Navajo Nation citizens
when the Judiciary Committee is scheduled to meet with Utah Gov. Jon M.
Huntsman Jr. at 1 p.m. Thursday, June 28, 2007 at the Aneth Chapter
House in Aneth, Utah.
“Governor Huntsman has a
two-day visit to the Navajo Nation to get a briefing on several Utah
Navajo issues,” Begay said. “The Judiciary Committee will be meeting
with the Governor for about 30 minutes to discuss the need of a court
facility.”
He said that during the
meeting, the Judiciary Committee will present a proposal to Gov.
Huntsman to obtain Utah State funding to construct a court facility to
serve the people who live in surrounding area in the Utah portion of the
Navajo Nation.
Begay said that the area
communities with Navajo residents are: Aneth, Utah; Oljato, Utah;
Dennehotsto, Ariz.; Mexican Water, Utah; Navajo Mountain, Utah; Red
Mesa, Ariz.; Rock Point, Ariz.; Sweetwater, Ariz. and TeecNosPos, Ariz.
need a court facility to serve them.
“A suitable court facility
is not available to conduct court services in the Utah portion of the
Navajo Nation. This area of the Navajo Nation currently utilizes courts
that are located 66 miles away at Shiprock, N.M. and 79 miles away in
Kayenta, Ariz.” Begay explained. “Users of the court will include Navajo
and non-Navajo individuals and businesses based in and around the Navajo
Nation court services are necessary.
Begay said that the
Judiciary Committee will be asking for $6,495,154. “I believe the
committee and the Judicial Administration need to present a persuasive
presentation to Gov. Huntsman and justify our request,” he said.
“Simply, put; I want to have
our Navajo people and non-Navajos to have access to a court services.”
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THE NAVAJO NATION
OFFICE OF THE PRESIDENT & VICE PRESIDENT
FOR IMMEDIATE RELEASE
JUNE 13, 2007Three Navajo Nation branch chiefs issue proclamation to
declare June 22 Navajo Nation Day of Prayer
WINDOW ROCK, Ariz. – Navajo Nation President Joe Shirley, Jr., Navajo
Nation Council Speaker Lawrence T.Morgan and Navajo Nation Chief Justice
Herb Yazzie have proclaimed June 20 to be a Navajo Nation Day of Prayer.
The National Day of Prayer is an annual event established by Congress
that is observed the first Thursday of May. It is to encourage Americans
to pray for the Nation, its people and its leaders.
“The Navajo people are a prayerful people,” President Shirley said.
“Our lives, our family events and our homes are marked and measured by
prayers and ceremonies. Prayer is the essence of who we are. We begin
and end the day with prayer. As Navajos, it’s part of who we are to pray
for good things for ourselves, our children, our grandparents, our
people and our Nation. We pray for beauty all around us, and that’s how
it should be.”
The proclamation states that there are many needs for prayer in areas
of healing, restoration and securing family and community stability. The
Navajo Nation Day of Prayer is an invitation to the public to
participate.
# # #
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Navajo Nation Council
Office of the Speaker
Contact: Sararesa Begay, Public Information Officer
(928) 871-6384
sararesabegay@navajo.org
http://www.navajonationcouncil.org
June 12, 2007
FOR IMMEDIATE RELEASE:
Judiciary Committee
Chair extends an invitation to the public to
a special committee meeting about Diné Fundamental Law
WINDOW ROCK, Ariz. – A
special Navajo Nation Judiciary Committee meeting is scheduled for 10
a.m. Friday, June 15, 2007 at Diné College in Tsaile, Ariz.
Kee Allen Begay Jr.,
Judiciary Committee chairperson, is inviting community members and those
with a vested interest in the Diné Fundamental
Law to attend the meeting.
“The committee simply
wants input from the public and those with a beneficial interest in the
Diné Fundamental Law,” Begay said. “Hopefully, during
the meeting the history and the usage of the Diné Fundamental Law will
be discussed. If we say that we are a sovereign nation, why utilize law
from outside the Navajo Nation? As an oversight committee chair, I’d
like to see Navajo traditional court proceeding.”
Items to be discussed
during the meeting include receiving a report from the Edward T. Begay,
the former Honorable Navajo Nation Council Speaker,
about his interpretation and usage of the Diné Fundamental Law. The
Honorable Herb Yazzie, Chief Justice of the Navajo Nation Supreme Court,
will discuss how the Diné Fundamental Law is applied in the Navajo
Nation Supreme Court.
A report from the Navajo
Nation District and Family Court Judges on the Diné Fundamental Law is
also scheduled as well as a report from Barbara
Lucero, Navajo Nation Bar Association President, about the Diné
Fundamental Law.
Ferlin Clark, Diné College
President, will also contribute a report about the Diné Fundamental Law.
Lastly, a roundtable
discussion is scheduled where the judicial committee members and
presenters will discuss the Diné Fundamental Law.
“This is a very sensitive
issue and we are anticipating some ups and downs in this effort for our
Navajo people and the future of the Navajo people,”
Begay added. “As we are
working on this issue, we are also working to upgrade the Navajo Nation
court facilities. Hopefully, a true Navajo court proceeding be taking
place in the new facilities. Then we will say that we are a sovereign
Navajo Nation.”
Recently, the
interpretation of the Diné Fundamental Law that is from the Title 1 of
the Navajo Nation Code has been disputed. The section of the law that
has been disputed essentially states that the Navajo people have the
right to freely choose their leaders.
The law is based on Navajo
traditional, customary, natural and common law.
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PRESS RELEASE--FOR
IMMEDIATE RELEASE
Contact:
Edward B. Martin, Director of Judicial Administration
Judicial
Branch of the Navajo Nation
(928)
871-6762 / Fax (928) 871-6761
DATE: MONDAY, June 4, 2007
JUDICIAL BRANCH OF THE NAVAJO NATION
COURT/OFFICE CLOSURES
All Navajo Nation courts and Judicial Branch offices, including family
and district courts, peacemaking and probation services, Supreme Court
of the Navajo Nation, and the Administrative Office of the Courts, will
be closed June 19-22, 2007. All court and administrative personnel will
be attending the 2007 Judicial Branch Annual Conference in Pinetop,
Arizona. The local law enforcement should be contacted for any
emergencies.
All courts and offices
will resume normal business hours at 8:00 a.m., Monday, June 25, 2007.
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Article from the Navajo Times, published May 10, 2007
Marley Shebala
Diné learning aids student progress, principal says
Tséhootsooí Diné Bi'ólta's first Diné Language
Arts and Cultural Fair on May 4 was more fun than
successful, the school's principal said, so look for
another event next year.
Principal Maggie Benally said Monday that there were
only two schools that participated in the Navajo
language immersion school's first fair - Rock Point
Community School and Tséhootsooi Diné Bi'ólta.
Tséhootsooi Diné Bi'ólta, which is in its third year,
serves grades kindergarten to 12 and has about 230
students. Before the immersion school started, Diné
culture had been a program within the Window Rock school
district for 17 years.
Benally said the lack of school participation in the
fair was probably because it was their first competition
and it was held late in the school year.
"It was a learning experience," she said.
She said next year's event will be early in the
school year.
But the true essence of the fair was seeing the
students having fun performing for their parents and
grandparents, who were excited and proud, Benally said.
The event also created an alliance between schools
that teach Diné culture while meeting Arizona Department
of Education standards, she noted.
Research shows that young children have the ability
to learn two or four languages and that doing so will
not negatively their progress in math, science, English
or other subjects, she said.
She said that as students learn Navajo, some even do
better than students who speak only English.
Benally said the academic achievements of her
students is the reason her staff disagree with the
English-only campaign, which claims that speaking a
language other than English prevents a student from
excelling academically.
As parent Vicky Metteba watched her two oldest
children perform, she said she had heard speaking Navajo
would prevent her children from being successful
students.
Metteba said she kept a watchful eye on the immersion
school and saw that its students graduated from high
school and college.
She said her niece, an alumna of the immersion
program, graduated from college with a civil engineering
degree.
"My niece thinks the Navajo language helped her even
more," Metteba said.
She said her son, Ty, 9, a third grader, and
daughter, Mikki, 7, a first grader, gain a sense of
self-identity from learning Navajo culture.
"It seemed to stimulate their sense of wanting to
learn more," she said.
She said Ty, who was tested for gifted intelligence,
scored high in English, math and Navajo language.
Metteba said speaking Navajo gives Ty a "warm fuzzy
feeling."
Those words showed his respect for himself, his
family and others, she said.
"The school teaches old fashioned family values,"
Metteba said.
Benally said it is impossible to separate the
teaching of culture from family and moral values, or ké.
The students must learn how to introduce themselves
in the Navajo way, which is the foundation of who they
are and who their family is, she explained.
"These are values that are passed down generation to
generation," she said. "They will help us in a lot of
decision making when we become adults because we will
know who we are and where we come from. It's basically
just having that respect for self."
Metteba said when she sees the Diné Bi'ólta' and Tse
Ho Tso Middle School students intermingling she
immediately notices the difference.
The immersion school students stick together, like a
family, she said.
A mother also of Jordan, 5, she said she preferred
having her children at the immersion school because they
also have the option of wearing Navajo clothing any day
of week.
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Article from the
Associated Press, published May 8, 2007
Felicia Fonseca
Navajo Nation faces lack of jail space
CHINLE, Ariz. - With only about 80 jail beds on the sprawling
27,000-square-mile Navajo Nation, authorities increasingly face a
quandary when they catch a suspect: Who should be locked up and who let
go?
"What do you do when you don‘t have jail bed spaces? It‘s a revolving
door, and it‘s going faster," said Dolores Greyeyes, director of the
tribe‘s Department of Corrections.
During sentencing, judges have to weigh the seriousness of the
charges individuals face and consider what jail space will allow, said
Mabel Henderson, program supervisor with the Corrections Department.
Samson Cowboy, director of public safety at the tribe‘s Crownpoint
jail, said he believes the Navajo jails never were meant to house many
criminals. People were supposed to follow the principle known as "k‘e" —
maintaining relationships through kinship and respect.
"The whole Navajo Nation is denying we have an issue here, a whole
societal issue," he said.
But for those who remain, the problem of overcrowding and dilapidated
jails has worsened in recent months. In April, the jail in Chinle was
shut down after an electrical fire; late last year, a lockup in Tuba
City was condemned.
The plumbing at the Window Rock jail leaves puddles of water near
inmates‘ beds. Last November, a toilet backed up, creating a layer of
sewage that led to a weeklong closure of the jail, said corrections
supervisor Barbara Crawford.
One day last month, the Shiprock jail was over capacity by 18,
Crownpoint by 4 and Window Rock by 17. It‘s not unheard of for three
girls to be placed in one solitary confinement unit at Window Rock —
with two sleeping on the floor and one on the bench, Crawford said.
Navajo President Joe Shirley Jr. said he has been largely
unsuccessful in persuading the Tribal Council to approve bond
initiatives to pay for new jails, courts and police stations.
Tribal officials have been lobbying Congress for funding to build the
facilities. In the past two weeks, they have asked for $2.2 million in
emergency federal funding to cover temporary repairs, overtime and
mileage costs to transport inmates to other facilities, and the leasing
of bed spaces at off-reservation jails.
Navajo tribal officials hope to eventually raise $372.7 million to
build 13 facilities — five large, three medium, four small and one
rehabilitation center.
For now, some inmates are being transported to off-reservation jails
in New Mexico and Arizona, and to the already crowded Window Rock,
Shiprock and Crownpoint lockups.
Shirley said the public need not be worried about criminals being
released early. "If we really need to contain somebody, we have
facilities to put them in," he said, referring to off-reservation
lockups.
"The preference is, of course, we need to have them in our own
jails," he said, "but we‘re working very diligently to do just that."
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CONFIRMATION OF JUDGE
LOUISE G. GRANT, DILKON JUDICIAL DISTRICT
KEE ALLEN BEGAY, CHAIRPERSON
JUDICIARY COMMITTEE
April 20, 2007
Hello to all:
I am pleased to inform you that the Honorable Judge L. Grant who is
assigned to Dilkon District Court was confirmed for
permanent appointment by the Navajo Nation Council. The Vote was 69
- 0.
Honorable Judge Louise G. Grant received outstanding probationary
performance evaluations from the Chief Justice, the Navajo Nation
Bar Association, through public testimony, and from the Judiciary
Committee at her two-year probationary evaluation hearing before the
Judiciary Committee on March 9, 2007.
With this the Judiciary Committee recommends the permanent
appointment and confirmation of Honorable Judge Grant. The
Reference Legislation is # 0193-07. Attached to this
legislation was President Shirley's appointment letter dated March
14, 2007.
To the Judiciary Committee members, I want to thank you for your
strong support and need to prepare for 3 more upcoming probationary
judges hearings; Hon. Judge R. Bedonie, Hon. Judge Black and Hon.
Judge Woody. The anticipation for their confirmation is during the
summer council session.
Thanks to all. Have a wonderful day.
Kee Allen Begay Jr.,
Council Delegate
Judiciary Committee
Chairperson
Many Farms / Round Rock
Chapters
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Article from the Turkish Press published April 7, 2007
Navaho Supreme Court struggles between law and tradition
Justices on the Supreme Court of the Navajo
Nation wear black robes like at any US court, but they are tasked with
balancing modern law with the ancient traditions of the largest of the
Native American groups.
The Navajo Nation, an autonomous and sovereign
government that has jurisdiction over sprawling reservations and 300,000
people in the western United States, has legal jurisdiction over tribal
affairs.
But as a case heard this week in Washington
demonstrates, pursuing Navajo justice is a perennial tug of war between
modern law and tribal traditions that predate the arrival of the
European "white men."
To educate law students and the general public
about Navajo affairs, the tribe's Supreme Court periodically tries its
cases far away from the nation's reservations.
This week they brought the case of Joe v. Black
to the Washington College of Law at American University in the US
capital.
The three black-robed justices -- two men and a
woman -- were asked to sort out a conflict between modern statutory law
and the Navajo tribal custom of "nalyee," which requires that victims of
an offense be compensated to clear up hard feelings.
In the courtroom there is no US flag in view,
only the banner of the Navajo Nation with a rainbow arcing over the
tribal lands. It hangs behind Chief Justice Herb Yazzie, a man with a
dusky face and a long braid of black hair.
The case the justices hear goes back to a night
in June 2002. On a highway in the western desert of Utah, on Navajo
tribal lands, a car rammed a horse. The driver died in the accident, but
the wounded car passenger sued for damages.
The victim failed to win her case against the
driver's insurance company, failed against the state of Utah, and failed
against the Navajo Nation, who she argued was guilty of allowing a horse
on the road.
She finally won a case against the horse's owner,
but the owner had little money or property and would likely never be
able to pay up the hundreds of thousands of dollars the court ordered
him to pay.
So the victim then turned to the holders of the
land where the horse was kept, a couple of modest means who did have an
insurance policy.
US federal and state law does not allow a
plaintiff to repeatedly sue for damages. But nalyee, an unwritten Navajo
tradition, maintains that in one way or another, all victims deserve
some compensation so there are no hard feelings.
A lower tribal court rejected the victim's claim,
but the Navajo supreme court took up the case and saw it as a chance to
reconcile the two legal approaches. After arguments were heard in
Washington, it will hand down its verdict in a few months.
"For us, the law is not about having your
argument win over, but how you are going to peacefully coexist," Yazzie
said, explaining the Navajo approach to the autonomous court system
established in 1959.
"We think the Navajo customs and values are very
fair. Our mission is to integrate our traditional values and concepts in
the system imposed by the US government," said Justice Lorene Ferguson.
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Article from the Gallup Independent published
April 6, 2007
Harmony, not punishment
Traditional practices wanted in courts
By Natasha Kaye Johnson
Diné Bureau
WINDOW ROCK — Judge Allen Sloan has never felt
comfortable wearing a judge's robe. Nor has he ever gotten used to
people rising as he enters the courtroom in his 18 years as being a
Navajo Nation judge.
"I've always felt uneasy about it," Sloan said Tuesday afternoon.
While the two practices are customary in Western court systems, Sloan
said, they don't reflect traditional Navajo traditional practices, which
the Navajo Court system is based upon.
These are some of the thoughts that Sloan often contemplates in the
quiet of his chambers, and shared Tuesday afternoon as the Nation
celebrated Justice Day. This week, Window Rock District Court was among
several district courts across the Nation that observed the Navajo
people's ability to practice their laws in a courtroom setting.
On April 1, 1959, the Navajo Nation courts were implemented, taking the
place of the Bureau of Indian Affairs Code of Federal Courts that were
then in existence. Navajo judges no longer had to make decisions based
on state and federal procedures that centered around punishment, but
instead were able to apply laws were based on the idea of regaining
harmony.
The leaders during that time envisioned a court system that mirrored
teachings of the Holy People, and today that vision continues to be
carried out by Navajo Nation judges.
"Traditional law is based upon the concept of common sense," said Window
Rock District Judge T.J. Holgate.
In 1985, the Judicial Reform Act was revised by the Navajo Nation
council to give more flexibility to promote common law in the courts.
While western court systems put a primary focus on procedure, Navajo
courts put more emphasis on examining the problem, and seeking a
solution, Holgate said.
"In Biligaana court," said Holgate, "People present, 'This is why I
should win,' or say, 'This is why we lost.' "
"The Navajo law goes a little deeper," he said. "Its based on K'e
(family)."
Unlike Western court, where people are taught not to give away
information, or show weakness, Navajo court encourages people to
communicate their problems, and come to mediation.
"We want to use our own traditional values to solve our problems," said
Sloan. "The focus of law has now been a community focus."
While traditional law was understood by many judges, applying it was
another thing, especially since many of Nation's judges were taught to
pay close attention to technicalities and precise procedure.
"Navajo judges have always had that dilemma," said Sloan. "We're taught
in non-Navajo settings."
Sloan said he finds it refreshing that the courts have found a re-surgence.
If you allow families to be part of the court proceedings, he said, the
possibility of a case coming back is very rare.
Educating people
While the implementation of Navajo law in the
judicial system is celebrated among a majority of Navajo people, there
are some people who have not fully embraced it.
"The change has been approached with mixed feelings," said Holgate.
"While there's some resistance, it's not so much because of
anti-traditional or anti-Navajo resistance; it's because of the
unfamiliarity of the system," said Sloan.
Because some people are not raised in a traditional setting, judges must
often explain the purpose of the court.
"It's incumbent of the judge to explain the process," he said. "The more
people become familiar with it, the more effective it becomes."
Sloan would like to see the courts officially replace the black robe
with perhaps a piece of jewelry, just as leaders wore traditionally when
they mediated problems among the community.
"We do it purely out of practice," he said, of wearing the robe.
Reflecting a more traditional setting, he also believes it would be more
appropriate to have the judge enter the court room chambers before the
people, just as a medicine man would enter a hogan before the people
when about to conduct a traditional ceremony.
"Court proceedings are reverse of traditional ceremonies," he said. "The
way we use the non-Navajo process to instill non-Navajo thinking must
stop."
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Article from the Associated Press published
April 6, 2007
On Navajo Nation, a Balance
Between Old and New Law
April 6th,
2007 @ 12:09pm
Retired lawyer Jim Fitting has won some cases on the Navajo
Nation based on a tribal law that he admits he doesn't
completely understand.
Like other non-Navajos, Fitting said he often struggles to
make sense of the Dine Fundamental Law _ based on customary,
traditional, natural and common law. Knowledge of it lies mainly
with Navajo medicine men and elders.
While it's part of the cultural upbringing of Navajo people,
``it's also something that is extremely hard for a non-Navajo to
get a grasp of,'' said Fitting, now a consultant to businesses
that want to operate on the Navajo Nation.
In a society that strives to uphold the traditions of its
people, judges often interweave the fundamental law with federal
or state statutes that are not always consistent with Navajo
culture. Some have praised the practice as a unique way to deal
with modern problems such as methamphetamine and gangs; others
question why Navajos, who have resisted European assaults on
their traditional laws for centuries, recognize laws created
outside their culture at all.
``The Western idea is foreign to Navajo, so why should we say
a foreign idea should have a higher standing than what's
traditional all along,'' said Leonard Tsosie, a Navajo council
delegate.
The fundamental laws are what define the Navajo people. The
Holy People, or deities, who handed down the laws, went through
certain experiences, developing virtues and values that teach
Navajo people how to live as decent human beings, said Navajo
Supreme Court Justice Herb Yazzie.
``In our society, it is best that you live by those
traditional laws and those virtues and those values because that
is not only what defines you but keeps you in harmony with your
place in the world, and therefore, it should always come
first,'' Yazzie said. ``Now, there's a tendency to think in
terms of hierarchy, and that's unfortunate when you talk about
fundamental law and tradition and culture.''
The law has gained increased attention since the Navajo
Nation Council codified it in 2002 over concern that the
knowledge of the law is fading, especially among young people.
Tsosie cited fundamental law earlier this year in arguing
that he should be allowed to serve on the tribal council and the
New Mexico state Legislature at the same time. Navajos have the
right to freely choose their leaders under fundamental law, but
the tribe's election code bars delegates from holding elected
state or federal offices. The Navajo Supreme Court ruled against
Tsosie.
Fundamental law also has been brought into the debate over
whether a coal-fired power plant should be built on Navajo land.
Navajos have a sacred obligation under the natural law to
protect the land and the air _ which opponents say wouldn't be
served well by the power plant.
Nearby in Nageezi, community members are objecting to a plan
to build over the foundation of the chapter house that burned
down about a year ago. They say that under fundamental law, that
would promote disharmony.
An Arizona-based nonprofit law firm, DNA-People's Legal
Services, also is looking at hundreds of Navajo court opinions
dating back to 1969 to find out how the fundamental law has
influenced judges' rulings.
``Once we take a look at that, we can follow how the courts
have decided certain cases,'' said executive director Levon
Henry, who hopes to have the project complete this spring.
The tribal council provided no direction to judges in how to
apply the law. Rather, the amendment to the Navajo Nation Code
serves as an acknowledgment of the laws that tribal leaders seek
to keep alive, Yazzie said.
Medicine men and elders often are called in to court to
testify on the fundamental law in front of judges who are
required to have some practical knowledge of the law and speak
fluent Navajo.
``Judges, in my experience, take fundamental law extremely
seriously and are very, very interested in what is the Navajo
way of resolving a problem and will grill you whether you're
Anglo, Navajo or whatever on the traditional concepts of your
case,'' said David Jordan, a non-Navajo lawyer practicing on the
Navajo Nation.
Yet the fundamental law is being scrutinized mainly because
it's vague and often conflicts with Western law, said Justin
Jones, who teaches the fundamental law to the Navajo Bar
Association. Certain distinctions in the law need to be made and
``developed to a certain degree just so there's clarity,'' he
said.
Tsosie agrees, and said while talk of refining the code
hasn't come up, he likely will spark the debate among delegates.
``The law as originally conceived is a good idea, but I think
we need to begin to look at it as to specific areas of law,'' he
said.
Fitting, a former assistant attorney general for the Navajo
Nation Department of Justice's Economic and Community
Development Unit, said the fundamental law is almost impossible
to explain to businesses.
``They look around and sort of say, 'What?''' he said.
But he said he takes the approach that lies at the heart of
the fundamental law.
``What I found here is that if I followed the principles of
equity and just trying to do what any reasonable human being
would do, I seem to get by OK,'' he said.
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PRESS RELEASE--FOR
IMMEDIATE RELEASE
REVISED
Friday, March 16, 2007
Contact:
Edward B. Martin, Director of Judicial Administration
Judicial
Branch of the Navajo Nation
(928)
871-6762 / Fax (928) 871-6761
NAVAJO
NATION JUSTICE DAY 2007
The Navajo Nation Courts
will celebrate their 48th birthday on April 1, 2007. The Navajo Nation
assumed full control of its judicial system in 1959. Navajo Nation
Justice Day gives the public an opportunity to visit the courts on the
dates below to learn more about how our justice system works. Everyone
is cordially invited to visit the courthouse in their vicinity.
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DATE |
LOCATION |
INFORMATION |
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April 2, 2007 |
Shiprock
Judicial District
Shiprock, New
Mexico |
(505) 368-1270 |
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April 3, 2007 |
Window Rock
Judicial District
Window Rock,
Arizona |
(928) 871-6626 |
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April 4, 2007 |
Alamo Court
Alamo, New
Mexico |
(505) 854-2668 |
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April 5, 2007 |
Crownpoint
Judicial District
Crownpoint,
New Mexico |
(505) 786-2072 |
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April 5, 2007 |
Ramah Judicial
District
Ramah, New
Mexico |
(505) 775-3218 |
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April 12, 2007 |
To’hajiilee
Court
To’hajiilee,
New Mexico |
(505) 836-1642 |
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April 13, 2007 |
Kayenta
Judicial District
Kayenta,
Arizona |
(928) 697-5541
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April 30, 2007 |
Chinle
Judicial District
Chinle,
Arizona |
(928) 674-2070 |
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May 4, 2007 |
Dilkon
Judicial District
Dilkon,
Arizona |
(928) 657-8140 |
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May 4, 2007 |
Tuba City
Judicial District
Tuba City,
Arizona |
(928) 283-3140 |
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PRESS RELEASE--FOR
IMMEDIATE RELEASE
Navajo Nation Council Office
of the Speaker
Contact: Sararesa Begay, Public Information Officer
(928) 871-6384
sararesabegay@navajo.org
http://www.navajonationcouncil.org
March 1, 2007
Navajo Judiciary Committee Chairperson wants to
establish a permanent court facility for the Utah Navajo District Court
SALT LAKE CITY - Kee Allen Begay Jr., Navajo Nation
Judiciary Committee Chairperson, told Utah Gov. Jon Huntsman Jr. last
Wednesday, Feb. 21 during the one-day Utah Indian Caucus day during a
meeting that there is a great need for court service for the Utah
portion of the Navajo Nation, and the court facility will be located in
the Aneth, Utah-area that will covers the northern part of the Navajo
Nation.
Begay told Gov. Huntsman that the Judiciary Committee is
asking the Governor for his full support and that the Navajo Judiciary
Committee is in the process of requesting for an appropriation from the
Utah State Legislature for the Aneth court facility in the amount of
$2.2 million.
Begay also expressed that the benefits of the
establishment of a court facility for the northern Navajo community will
have are access to justice and other benefits such as:
- Life, Health and Safety Issues.
- Legal Mandates.
- Protection of Property and Assets.
- Economic Development Initiatives.
“I really want Navajos and non-Navajos to have
availability of court service within this region,” Begay said, adding
that he and the committee members are making dynamic efforts to improve
courts. “I believe there were some positive responses from the Utah
State Officials and from the Governor’s office that establishing a court
facility on the Utah portion of the Navajo Nation will be a good
investment for the citizens of Utah.”
Begay who represents the Many Farms and Round Rock
Chapters as a council said, “Our ultimate goal is to ensure all of our
citizens and our neighbors have access to justice.”
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UPDATE ON DILKON COURT
FUNDING
KEE ALLEN BEGAY, CHAIRPERSON
JUDICIARY COMMITTEE
Hello to everyone
Once again I want to thank everyone for their support and
participating at today's (Feb. 27, 2007) presentation before the
Arizona State Senate Appropriation Committee members at Arizona
State Capital. With such effort we have presented a positive
statement and showed a strong unity of support by the Navajo Nation
three branch government. All three NN government were in attendance
as well as Dilkon staff, Navajo County Supervisor, and many have
signed on to the Senate "request to speak" system to show your
support.
With this, the AZ State Senate Approp Committee voted 8 - 0 for
recommendation for passage. This Bill is requesting $2,260,000.00
for a permanent District Court Facility in Dilkon, Arizona.
A very special thanks to Natash Nakai for her tireless work on
making this bill making it to where it is now. She was there when
we weren't able to be there and making contact with the state
officials on a daily basis. Without a doubt, Ms. Nakai contribution
was a big factor for this bill to be where it is.
Individuals in Attendance were: Council Delegate - Raymond Berchman,
Omar Begay Jr., Elmer Begay, Edward Jim and Kee Allen Begay Jr.;
Chief Justice Yazzie, Judge Louise Grant, Court Staff Darlene
LaFrance, Navajo County Mr. Thompson, Justice of the Peace Mr.
Clyde, Presidents Office Leland Leonard and Dilkon Chapter Officials
& Staff.
Also Presented to the Committee was a supporting letter signed by
all three branch chiefs of the Navajo Nation.
More work is still need to be done and I'm requesting for your
continue support. Please continue to acknowledge the Arizona State
Officials (Senators, Representatives and the Governor) for their
support. Also express your appreciation for their votes. The prime
sponsor of this bill is Senator Albert Hale.
I have attached my presentation for your information.
As for the Utah state, the Judiciary Committee will start on
developing a formal funding request and start making contact with
the Utah State Officials with the help of Hatch & Tsosie Law Firm.
The Utah district court site will be in Aneth.
Again, THANK YOU VERY MUCH. My apology if I neglected to mention
others!
Kee Allen Begay Jr., Council Delegate
Judiciary Committee Chairperson
Many Farms / Round Rock Chapters
www.mfcouncil-kbjr.com
(928) 781-3605 - MF Chapter
(928) 871-6380 - W / R Office
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REQUEST FOR SUPPORT AND
ASSISTANCE
KEE ALLEN BEGAY, CHAIRPERSON
JUDICIARY COMMITTEE
Good Day
Everyone
I am asking for your support and
assistance of the subject matter. The Judiciary Committee of the Navajo
Nation Council is working hard along with other to seek funding for the
Dilkon District Court to have a permanent court facility. Currently
Dilkon court is operating out of a temporary facility.
Dilkon District includes:
Birdsprings, Dilkon, Greaswood Springs, Indian Wells, Jeddito, Leupp,
Teesto, Tolani Lake and White Cone.
On Tuesday, February 27, 2007 at
1:30 pm, the Arizona State Senate Appropriation Committee will have SB
1457 on their agenda for an action. This bill is requesting $2.2
million for Dilkon District Court to establish a permanent facility. If
you could visit
www.azleg.state.az.us and visit the Senate Appropriations Committee
to get more information such as email address, fax number and voice your
support. You can also submit a comment thru their "Request to Speak" if
you are already registered with their system.
I thank you for your understanding
and support. Have a wonderful weekend.
Kee Allen Begay Jr., Council Delegate
Judiciary Committee Chairperson
Many Farms / Round Rock Chapters
www.mfcouncil-kbjr.com
(928) 781-3605 - MF Chapter
(928) 871-6380 - W / R Office
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PUBLIC SERVICE ANNOUNCEMENT
NOTICE OF HEARING
TO: THE NAVAJO NATION PUBLIC
You are hereby notified that a hearing before the
Judiciary Committee of the Navajo Nation Council to evaluate the
performance of Probationary Judge Louise G. Grant is to be scheduled as
follows:
March 09, 2007, at 10:00 a.m. in the Navajo Nation
Dilkon Chapter House in Dilkon, Navajo Nation (AZ).
The hearing shall be conducted in accordance with the
Hearing Rules of the Judiciary Committee of the Navajo Nation Council
to Evaluate the Performance of Probationary Judges adopted by
Judiciary Committee Resolution JCJN-3-97 on Jun e19, 1997. The
hearing is open to the public. However, in accordance with Hearing
Rules 7(B) and (C) and 8(L), only those persons who submit written
testimony 15 working days prior to the scheduled hearing shall be
allowed to speak and testify on the date of the hearing.
To submit written testimony or for more information,
contact the Judiciary Committee's Legislative Advisor, Gerri Harrison at
(928) 871-7157.
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PRESS RELEASE
New Judicial Facility for
Dilkon One Step Closer to Reality
Posted
2/20/2007
(Phoenix, Arizona)-Navajo Nation Chief Justice,
Judiciary Committee Members, and Dilkon Court staff testified before the
Human Services Committee of the Arizona State Legislature, Thursday,
February 16. With a unanimous vote the committee approved HB2592, a
request to fund $300,000 for the establishment of a new facility in
Dilkon.
Representative Albert Tom sponsored the bill and
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