Last updated August 10, 2010

2010 OPINIONS
1.  SC-CV-40-07

Ruby D. Watson, Petitioner-Appellant v. Eddie Paul Watson, Respondent-Appellee.   In this matter concerning child support and alimony arrearages awarded in 1988, the Court held that the claims for both child support and alimony arrearages are barred by laches, and affirmed the decisions of the Family Court to deny Appellant's request that Appellee obtain life insurance to cover arrearages, and to reduce future spousal maintenance.  The parties are elderly and at the time of the award, their children had not been minors, but had been attending high school.  The Court discussed the evolution of Navajo Nation child support and alimony law.  The Court addressed Appellant's 13 year delay in seeking enforcement, the age of the children at the time of the award, property and possessions left for Appellant and the children as traditional law dictates, and Appellee's arrangements for Appellant to receive one-half of his retirement benefits. Discussing the Child Support Enforcement Act, the Court stated that the CSEA tolls the statute of limitations only from birth to the age of 18.  The Court addressed the concept of finality in cases of divorce, stating that Navajo traditional law teaches the principle that once a couple divorces, each must live their separate lives.  The Court also addressed traditional concepts of property and support in affirming the Family Court's decision to apply one-half the value of the JUA home toward arrearages.  Finally, the Court stated that the request to secure life insurance is a bilagaana way of making arrangements for paying a debt.  To demand such a remedy in the Diné perspective is Dine biz nfdizin, wishing ill-will or early death on an individual, and offensive to the values and custom of the Diné.  (December 14, 2009, recon. January 21, 2010). 

2.  SC-CV-06-07

Shirley M. Leonard, Appellant v. Willis Begay, Jr., Appellee, Appellant won a small claims judgment in the Chinle Court.  Having won an award, Appellant sought and was denied reconsideration to increase the award to include items not previously listed. In its opinion, the Supreme Court stated that the rule is clear that there is no right to an appeal of a small claims judgment except where "substantial justice has not been done."  Mere dissatisfaction with a judgment does not meet the requirement.    (January 26, 2010). 

3.  SC-CV-50-07

In the Matter of a Certified Question From the Crownpoint Court and Concerning the Case of DD, a Minor, The Court answers a certified question from the Crownpoint Court concerning two conflicting provisions of the Children's Code regarding when the Family Court's jurisdiction over a child terminates. The Court holds that 9 NNC 1055(C)(1) is superseded by 9 NNC 1156(H) due to its mandatory language, which states that "[w]hen a child reached the age of 18 years, all judgments affecting the child then in force automatically terminate."   (March 2, 2010). 

4.  SC-CV-44-07

Milton J. Yazzie, Petitioner-Appellant v. Tooh Dineh Industries, Inc., Respondent-Appellee, The Court issues an Opinion Denying Reconsideration in an appeal from a  decision of the Navajo Nation Labor Commission.  (April 6, 2010). 

5.  SC-CV-52-09

Bridgette Grass, Petitioner-Appellee v. Chee Phillip Yazzie, Respondent-Appellant, The Court remands a matter concerning the trial court's use and disclosure of in camera testimony of minor children in the modification of a child custody provision of a prior decree.  (May 12, 2010)

6.  SC-CV-02-10 (First Opinion)

Shirley v. Morgan, an appeal from the decision of the Window Rock District Court concerning the enactment of Resolution CO-41-09 which placed President Joe Shirley, Jr. on administrative leave on October 26, 2009.  The Court upholds the district court's declaration that the resolution is null and void, but on different grounds.  The Court further invalidates Resolution CJA-08-10 (enacting the Foundation of the Diné, Diné Law and Diné Government Act of 2009) and issues a clarifying opinion affirming that government power comes from the People.  On June 2, 2010, the Court made several non-substantive changes and re-issued the opinion with an Order of Correction.  (Corrected June 2, 2010, effective May 28, 2010; Order of Correction, June 2, 2010).

7.  SC-CV-03-10 (Corrected)

Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley, an appeal from the decision from the Office of Hearing and Appeals concerning a voter's challenge to the Reduction in Council Initiative.  The Court upholds the dismissal of the Office of Hearings and Appeals.  The Court further issues a clarifying opinion in order to give finality to issues relating to the Initiative Election.  On June 2, 2010, the Court made two minor non-substantive corrections and re-issued the opinion with an Order of Correction.  (Corrected June 2, 2010, effective May 28, 2010; Order of Correction, June 2, 2010).

8.  SC-CV-04-10

Shaw v. Shiprock District Court, an application for a Writ of Prohibition or in the alternative, a Writ of Superintending Control filed against the Shiprock Family Court (SRFC) to prohibit the enforcement of a pro bono appointment.  The Court makes permanent the writ and vacates the SRFC's order of appointment and ORDERS the Office of Pro Bono Service shall require of the District Court Administrator to submit a copy of the indigency assessment made by the Office of Probation and Parole Service before the name of the next eligible counsel is provided to the court. (June 11, 2010)

9.  SC-CV-19-10

Sandra Oliver v. Judy Apache, an appeal of a small claims judgment.  The Court denied the appeal for failure to file a transcript and clarified that hearing such appeals is discretionary with the Court under Rule 20 of the Navajo Rules for Small Claims Proceedings, there is no right to an appeal of a small claims judgment except where "substantial justice has not been done."  (June 17, 2010)

10.  SC-CV-26-10

Navajo Nation Dept of Justice, on behalf of the Commission of the Nahata'Dziil Chapter v. Arnold Begay, a petition for a Writ of Mandamus filed directly to the Supreme Court by the central government to compel a local official to perform statutory duties.  The Court summarily dismissed the petition, clarifying that such a writ must first be sought in the lower courts.  (June 17, 2010)

11. SC-CV-02-10 (Second Opinion) On June 17, 2010, Appellants' filed a Petition for Reconsideration in Shirley v. Morgan.  The Court denies Appellants' Petition for Reconsideration.  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 in an Opinion and Order on Reconsideration. (July 16, 2010).
12.  SC-CV-37-10 (Formal Opinion, corrected)

Todacheene v. Shirley; Shirley v. NEA, an appeal of the decision of the Office of Hearings and Appeals.  This is a consolidated case. The Court affirms the decision of the Office of Hearing and Appeals that Dr. Joe Shirley, Jr., cannot run as a candidate for the Office of Navajo Nation President in the upcoming 2010 elections.  The Court also affirms the decision of the Navajo Nation Election Administration that 2 N.N.C §1002 (D) prohibits Presidential candidates from running for a third consecutive term.  A short order was issued immediately following oral argument on July 9, 2010.  The Court issued its formal opinion stating the reasons for the Court's decision on July 30, 2010.  On August 2, 2010, the Court issued an Order of Correction making several non-substantive typographical changes.  The Opinion published conforms to the Court's correction order. (July 30, 2010, corrected August 2, 2010, effective July 9, 2010).

   

O

2009 OPINIONS

1. 

SC-CV-12-08

Gene Salt v. Sally Martinez (Jan. 21, 2009)

2. 

SC-CV-52-07

Winifred Hall f/k/a Winifred Watson v. Roy Watson (Feb. 24, 2009); Amending Opinion (April 22, 2009)

3. 

SC-CV-52-08

Vincent Johnny v. Delores Greyeyes (Feb. 27, 2009)

4. 

SC-CV-12-08

Gene Salt v. Sally Martinez (March 5, 2009)

5. 

SC-CV-09-09

Dail Cody v. Delores Greyeyes  (March 11, 2009)

6. 

SC-CV-51-06

Jimmy and Martina Begay v. Lewis and Lorraine King  (April 13, 2009)

7. 

SC-CV-12-06

John Goldtooth v. Naa Tsis'Aan Community School Inc.  (April 16, 2009)

8. 

SC-CV-24-09

In the Matter of the Navajo Nation Election Administration's Determination of Insufficiency Regarding Two Initiative Petitions Filed by Navajo Nation President Dr. Joe Shirley, Jr., Dr. Joe Shirley Jr. President v. Office of Hearing and Appeals; Initiative Petition Committee, Real Party in Interest  (June 22, 2009)

9. 

SC-CV-49-08

In the Matter of the Estate of Nat D. Benally, Decedent, Lucinda Henry, Administratrix v. Donald Kee, Ida Mae Sandoval, and Daniel Kee (June 25, 2009)

10. 

SC-CV-20-09

Rodriguez A. Wood v. Window Rock District Court, the Navajo Nation, Real Party in Interest (July 1, 2009)

11.

SC-CV-28-09

In the Matter of the Navajo Nation Election Administration's Determination of lnsufficiency Regarding Two Initiative Petitions Filed by Navajo Nation President Dr. Joe Shirley, Jr., The Navajo Election Administration, Respondent-Appellant v. Dr. Joe Shirley, Jr., Designated Representative For the Initiative Petition Committee, Petitioner-Appellee (July 30, 2009).  The Navajo Election Administration appealed a final decision of the Office of Hearings and Appeals that concluded initiative petitions filed by the Initiative Petition Committee -- to reduce the Navajo Nation Council from 88 to 24 members and whether to give the President line item veto authority -- were sufficient.  The Supreme Court affirms the lower administrative agency's determination of sufficiency. (July 30, 2009); recon. den., Sept 2, 2009.  See also July 7, 2009 Order for Expedited Review.

12.

SC-CV-27-09

Veronica Wauneka, Appellant, v. Navajo Department of Law Enforcement Appellee. The Court has reconsidered its Order of Dismissal, remarking on the need to clarify Rule 9(a)(2) of the Navajo Rules of Civil Appellate Procedure (NRCAP), and holds that from here on, parties have the affirmative duty to notify the Supreme Court and the other parties in a case that it has filed for an extension in the lower tribunal and whether an extension has been granted. (Aug 12, 2009).

13.

SC-CV-34-06

Larry Tsosie, Petitioner-Appellant, v. Central Consolidated School District, No. 22, Respondent-Appellee. Taking judicial notice that a system of separate term contracts for administrators and teachers has been in use for many years and has been applied by public schools on the Navajo Nation long before the enactment of the NPEA, the Court affirms the NNLC's dismissal of the claim on the grounds that the non-renewal of a contract that expired on its own terms is not "adverse action" and the employer is not required to show "just cause" in its decision not to renew the contract. (Aug 12, 2009).

14.

SC-CR-01-09

Navajo Nation, Appellant v. Aaron John, Appellee.  The Court issued an Order Denying Motion Opposing the Appeal of a Window Rock District Court decision, holding that there are two pre-requisites for appeal: (1) the notice of appeal must be filed within 30 days of the judgment; and (2) the five-day ruling period for a district court judge to act on a motion for reconsideration must have expired. (October 30, 2009)

15.

SC-CV-23-07

Iris Shirley Begaye, Petitioner-Appellee v. Navajo Nation Environmental Protection Agency, Air and Toxics Dept., Respondent-Appellant, a matter regarding alleged violations of the Navajo Nation Personnel Policies Manual.  The Court reversed dismissal of the matter below by OHA.  The Court concluded that an amended notice of termination issued 13 days after the initial notice violated Begaye's rights, and addressed certain mandates of the Personnel manual, including disciplinary action for similar violations.  (Nov 30, 2009)

16.

SC-CV-30-07

Bernice Smith, Petitioner-Appellee v. Michael Kasper, Respondent-Appellant,  a domestic abuse matter involving a child,where a DAPO was issued and custody assigned to one parent for five years.  Finding that a custody assignment of five years amounts to a permanent change of custody requiring a higher burden of proof than a temporary custody assignment pursuant to a DAPO that is issued for protection purposes, the Court affirmed issuance of the DAPO but remanded the matter to the Dilkon Family Court for, inter alia, amendment to the custody assignment portion of the DAPO.  (December 2, 2009)


2008 OPINIONS
1.  SC-CV-04-08 Willie Edward Miles v. Chinle Family Court and Concerning Bertha James Miles, Real Party in Interest
2.  SC-CV-03-08 In the Matter of N.B., a Minor v. Delores Greyeyes
3.  SC-CV-09-08 Seperina Dawes v. Wendell Eriacho
4.  SC-CV-36-06 Harvey & Susan Gishie v. Eulah Morris, et al
5.  SC-CV-41-08 In the Matter of Two Initiative Petitions Filed by Navajo Nation President Joe Shirley, Jr., corrected July 22, 2008, effective July 18, 2008.
6.  SC-CV-46-05 Green Tree Servicing LLC v. Georgiana N. Duncan
7.  SC-CV-37-08 Jovita Baldwin v. Chinle Family Court
8.  SC-CV-40-08 Marcella Begay v. Shannette Alonzo
9.  SC-CV-19-07 Johnny Charley and Fannie Looking Glass v. Irene Benally, et al
10.  SC-CV-33-07 Ford Motor Company v. Kayenta District Court and Concerning Joe and Mary Todecheene, Real Parties in Interest
2007 OPINIONS
1. 

SC-CV-63-06

Nina Zuni v. Chinle Family Court and concerning the Navajo Nation
2. SC-CV-55-05 Dan Bradley v. Lake Powell Medical Center
3. SC-CV-48-05 Bernice Casaus v. Dine College as revised per March 17, 2007 Order of Correction
4. SC-CV-09-07 In the Matter of M.G., a Minor v. Delores Greyeyes; recon. den. May 17, 2007
5. SC-CV-44-06 Navajo Transport Services, Inc., et al v. Charles Schroeder, et al
6. SC-CV-30-06 Marlene Thomas v. Chinle Chapter, Division of Community Development
7. SC-CV-32-05
(Corrected)
Sherwood “Woody” Moore v. BHP Billiton
8. SC-CV-01-07 In the Matter of the Grievance of Laverne Wagner and Concerning Leonard Tsosie
9. SC-CV-39-04 Sista Riggs v. Estate of Tom Attakai
10.

SC-CV-37-05

SC-CV-42-05

In the Matter of the Termination of Alfred Yazzie and Alfred Barney, et al, v. Division of Community Development, Local Governance Support Center
11. SC-CV-16-06 Kevin Yazzie v. Navajo Sanitation
12. SC-CV-09-06 Richard Wirtz, Jr. v. Patricia A. Black
13. SC-CV-47-06 Frederica J. Martinez v. Sage Memorial Hospital, Richie Nez
14.

SC-CV-25-06

SC-CV-26-06

Leonard Thinn v. Navajo Generating Station et al
15.

SC-CV-12-07

Jackie Johnson and Heather Nicholl v. Tuba City District Court and concerning Louise Yellowman, Real Party in Interest
16.

SC-CV-53-06
SC-CV-54-06

Cedar Unified School District v. Navajo Nation Labor Commission and Concerning Helena Hasgood, et al, Real Parties in Interest; Red Mesa School District v. Navajo Nation Labor Commission and Concerning Sara Yellowhair, Real Party in Interest
17.

SC-CV-39-07

In the Matter of L.R., a Minor v. Delores Greyes
18.

SC-CV-21-07

Bobby Bennett Sr., et al v. Joe Shirley Jr., et al
19.

SC-CV-62-06

Marilyn Joe, individually and as mother and natural guardian of Mario Nelson, Jr., as surviving child and heir at law of Mario Nelson, Sr., deceased v. Roy Black, et al
20.

SC-CV-20-06

Ernest Tso v. Navajo Housing Authority
2006 OPINIONS
1. 

SC-CV-63-05

Budget and Finance Committee of the Navajo Nation Council v. Navajo Nation Office of Hearings and Appeals and concerning Johnny Livingston and Edward Carlisle, Real Parties in Interest
2.

SC-CV-11-05

Ronald Hood v. Navajo Nation Department of Headstart, Lolita Q. Ellsworth
3.

SC-CR-06-05

Navajo Nation v. Ryan Badonie
4.

SC-CV-31-06

John A. Milligan v. Navajo Tribal Utility Authority
5.

SC-CV-04-06

Myron Seaton v. Delores Greyeyes
6.

SC-CV-53-05

Navajo Housing Authority, Tohatchi Housing Management Office v. Lewis and Berdie Clark
7.

SC-CV-65-05

Dorothy Begay v. Philbert Begay
8.

SC-CV-40-05

In the Matter of the Estate of Amy Kindle
9.

SC-CV-11-06

In the Matter of the Recall Petition Challenge by Anderson H. Morgan, Sr.
10.

SC-CV-50-90;
SC-CV-62-00

Lita Manygoats v. Cameron Trading Post
11.

SC-CV-21-06

Ann Thompson v. Larry Kee Yazzie
12.

SC-CV-45-05

In the Matter of the Marriage of Lilirae Smith and Leonard C. Begay, Sr.
13.

SC-CR-04-05

Navajo Nation v. James Kelly
14.

SC-CV-50-05

Melinda Perry v. Navajo Nation Labor Commission
15.

SC-CV-32-06

In the Matter of the Appeal of Vern Lee
16.

SC-CV-20-06

Ernest Tso v. Navajo Housing Authority, et al.
17.

SC-CV-41-05

Harrison Toledo v. Basha's Diné Market
18.

SC-CV-22-06

Navajo Nation Department of Child Support Enforcement v. Navajo Nation Labor Commission, and concerning Evangeline Logg
19. SC-CV-67-05 Milton J. Yazzie v. Tooh Dineh Industries
20. SC-CV-29-05 Bobby Rico v. Western Technologies

Opinions prior to 2006 are not available on this website. 

Opinions from 1969 - 2005 may be found in Volumes 1-8 of the Navajo Nation Reporter
All opinions are further available on VersusLaw and Westlaw subscription services.