Navajo Nation v. RJN Construction Management, Inc., et al, No. SC-CV-13-11.  Opinion.  In this appeal filed by RJN, the Home for Women and Children, and Robert Nelson, the Supreme Court affirms the lower court's permanent order enjoining appellants from blocking access to the worksite and otherwise interfering with the Navajo Nation's legal obligation to build a shelter facility pursuant to a business site lease issued to the Home by the Navajo Nation.  The Court stated that a business site leaseholder's possessory right on tribal trust land is strictly limited by the specific purposes for which the lease has been approved for the holder.  The Court further stated that while the lower court was wrong in excluding contract-based justifications from RJN on the basis of sovereign immunity, the justifications were only relevant insofar as they bear on the consideration of the injunction itself as an equitable remedy. In this case, the Court found harmless error. (January 17, 2012). 

Victor Bowman v. Delores Greyeyes.  Opinion.  Bowman files a petition asking the Court to reconsider its Dec. 14, 2011 denial of his application for a writ of habeas corpus.  Reconsideration petitions for special actions where jurisdiction has been declined may not be filed without leave of the Court. The Court treats the petition as a motion for leave but states that, in future, petitions for leave must first be filed pursuant to N.R.C.A.P. Rule 19(d), and must contain sufficient detail for the Court to rule on the request.  In this case, the Court denies the motion as Bowman offers no new argument. (January 24, 2012). 

Navajo Housing Authority v. John Dennision.  Opinion.  The Court denies NHA's motion for enlargement of time to file a transcript after a previous motion has been denied by the district court, ruling that the district court's discretion pursuant to N.R.C.A.P. Rule 9(a)(2)  includes the authority to deny such motions upon a finding that diligence was lacking. (April 20, 2012). 

Nelson v. Initiative Committee to Reduce Navajo Nation Council, Office of the President et al. Opinion.  In the attorney fee phase of this appeal of the Office of Hearing and Appeals' dismissal, the Supreme Court invalidates the appropriation of public funds to pay attorney fees in this case and the use of a "grant agreement" for attorney payment; and places a moratorium on Navajo Nation discretionary spending through direct disbursement "financial assistance" programs until a statutory and regulatory basis is in place in compliance with Navajo Nation fiduciary laws.  (January 4, 2011). 

In the Matter of Frank Seanez.  Corrected Opinion.  The Court issues its corrected opinion explaining reinstatement of its disbarment of a Navajo Nation bar member and imposing a civil penalty of triple the amount of funds paid to him by the Navajo Nation Council. Mr. Seanez is further ordered to vacate the position of Chief Legislative Counsel nunc pro tunc as of January 20, 2011.  (January 25, 2011). 

Wauneka v. Navajo Department of Law Enforcement. Corrected Opinion.  In an appeal involving an award of emotional damages pursuant to a finding of violation of the Navajo Preference in Employment Act, the Court reverses the Navajo Nation Labor Commission's award of emotional damages and affirms imposition of civil fines. The Court sets forth guidelines in remedial orders for emotional distress and distinguishes them from tort claims, stating that the term "damages" is not appropriate in describing such awards. (May 25, 2011, effective February 10, 2011; recon. den., May 25, 2011).

Kayenta Township Commission v. Ward et al, Opinion. In an appeal of a district court's decision that found that the KTC lacked authority to file a forcible entry action against trespassers who occupied a business site within the township without a lease, the Court reverses and remands.  The Court stated that the KTC could file a forcible entry action under broad home rule powers vested in them by the Council, and the trial court erred in equating final lease approval authority with actual and exclusive possessory right.(February 25, 2011).

Acothley et al v. Perry, Opinion and Omnibus Order and Writ of Superintending Control. In this application for a Writ of Superintending Control, the Court denies Petitioners' request for dismissal and disqualification of Judge Carol Perry and Judge T. J. Holgate of the Window Rock District Court and further, issues a writ requiring consolidation of co-conspirators into joint trials in the Discretionary Fund Cases. (March 1, 2011; amended April 29, 2011 with regard only to the payment of juror fees).

Hasgood et al v. Cedar Unified School District.  Opinion Granting Dismissal.  The Court grants the parties' stipulated dismissal but strongly questions the basis of a federal court's decision in a local school board personnel matter, which lends itself to be read as excluding all state-run schools on the reservation from tribal regulatory and adjudicative jurisdiction. (May 9, 2011). 

Aaron John v. Navajo Nation, SC-CR-01-09.  Opinion.  In this appeal of a district court's conviction for aggravated battery, the Court reverses the conviction due to lack of a response brief by the Navajo Nation and abuse of discretion of the trial court in applying Navajo Nation evidentiary rules. (July 21, 2011).

Gwendolene Begay v. Navajo Engineering & Construction Authority and the Navajo Nation. Opinion.  In this appeal of a district court's dismissal of a tort action for failure to state a claim upon which relief may be granted, the Court affirms the dismissal on jurisdictional grounds and emphasizes that trial courts must first find jurisdiction before making substantive rulings.  (July 22, 2011).

Gene Manning v. Francesca Abeita. Opinion.  In this appeal of a divorce action in which the husband objected to the judge using informal methods in deciding his divorce, the Court sets forth the premises under which informal methods are permissible under the Rules of Civil Procedure, and affirms in part, reverses in part, and remands on limited issues.  (August 1, 2011).

In the Matter of the Guardianship of T.S.E.J. et al. Opinion.  In this matter in which a putative father appealed the family court's order for genetic testing and requirement that the parties reimburse the expenses of a guardian ad litem, the Court reverses the family court and provides a summary of the Navajo Nation paternity, custody and visitation law.  (August 17, 2011).

John Doe BF v. Diocese of Gallup et al. Opinion.  In this appeal of a district court's order of dismissal in a personal injury action due to late filing, the Supreme Court has reversed the dismissal.  The case concerns allegations of child sex abuse on a Navajo teenager by a Catholic priest based on events that occurred almost twenty years ago. The district court did not find that the statutory conditions that would allow late filing were met.  However, the Supreme Court determined that the district court impermissibly required argument and witnesses at a status conference, and furthermore, applied the wrong standard.  The matter is remanded for further proceedings, including detailed findings on jurisdiction over the non-member defendants.  (September 9, 2011).

Rosenfelt & Buffington v. Johnson, Opinion.  In this appeal of a Navajo Nation Labor Commission's finding that termination of an employee was not for just cause because each of numerous violations were not substantial, and additionally progressive discipline was not imposed even though k'e measures through meetings were held with the employee for more than eight months, the Court reverses, discusses k'e measures, and sets the standard for substantial misconduct in cases of repeated minor violations. (October 21, 2011).

Thomas-Pittman v. Navajo Nation.  Opinion.  In this attempted filing of a pleading contesting a civil order of the Office of Hearings and Appeals in which the filer claimed indigency and did not pay the filing fee, the Court dismisses on the basis of improper filing.  The Court repeats that the fee is jurisdictional and may be waived only where required under the Navajo Nation Bill of Rights.  The Court provides a summary of circumstances in which the waiver is available, and cautions filers that their pleadings must conform to content requirements in appellate court rules.. (December 14, 2011).

Bitsie v. Greyeyes, Opinion.  The Court grants habeas relief to a defendant who was verbally charged with an additional crime at his pre-trial conference, arrested, then denied bail at his arraignment later the same day.  While Navajo law allows bail to be heard at arraignment, the law requires specific findings on enumerated grounds by clear and convincing evidence.  No such findings were part of the record in this case.  Additionally, the Court stated that where the underlying charge does not specify incarceraton as a possible sentence, courts shall consider alternatives to detention as a first option. (December 29, 2011).

In the Matter of Quiet Title to Livestock Grazing Permit No. 8-487 Formerly Held by Martha Francis, Opinion.  In this appeal of the Kayenta Family Court's dismissal of a quiet title action regarding a grazing permit due to lack of subject matter jurisdiction, the Court reverses, stating that Navajo Nation Council resolution CO-59-03 did not establish the Office of Hearings and Appeals as the exclusive forum for resolving disputes concerning grazing permits and did not divest the family courts of their authority to hear and decide such matters as part of probate and quiet title actions. The Court stated that upon remand, the family court must look into whether the decedent  perfected a transfer of the permit during her lifetime or effected an oral will. Additionally, the Court addressed the 5-year statutory probate filing deadline and stated in a footnote that a late filing does not mean that a decedent’s estate may never be legally distributed. A decedent’s family may still seek distribution of the decedent’s estate through intestate administration after the statute of limitations has passed. (December 29, 2011).

Ruby D. Watson, Petitioner-Appellant v. Eddie Paul Watson, Respondent-Appellee.  Opinion.  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. den. January 21, 2010). 

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

Bridgette Grass, Petitioner-Appellee v. Chee Phillip Yazzie, Respondent-Appellant.  Opinion.  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)

Shirley v. Morgan.  Opinion.  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).

Nelson v. Initiative Committee to Reduce Navajo Nation Council and Dr. Joe Shirley.  Opinion.  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).

Shaw v. Shiprock District Court.  Opinion.  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)

Sandra Oliver v. Judy Apache.  Opinion.  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)

Navajo Nation Dept of Justice, on behalf of the Commission of the Nahata'Dziil Chapter v. Arnold Begay.  Opinion.  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)

Shirley v. Morgan. Opinion and Order on Reconsideration.  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. (July 16, 2010).

Todacheene v Shirley; Shirley v. NEA .  Opinion.  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).

EXC, et al v. Kayenta District Court and Concerning Jensen, et al.  Opinion Denying Writ of Prohibition. The Court denies Petitioners' application for a writ of prohibition preventing the Kayenta District Court from hearing a negligence claim filed by Navajo family members against a non-member individual and non-member business entities conducting a tour business on the Navajo Nation.  The claim arose from an accident on a highway outside Kayenta in which a Navajo father and fetus were killed (September 15, 2010).

In the Matter of A.M.K.  Opinion.  In a custody matter concerning a child with a non-Indian Canadian father and a deceased Navajo mother, the Court reverses the Chinle Family Court's Rule 12(b)(6) (failure to state a claim) dismissal of a guardianship petition without a hearing eleven months after it was filed.  The Court repeated that Navajo common law on the family extends beyond the nuclear family to the child's grandparents, uncles, aunts, cousins and clan relationships and set forth the court's affirmative duty under the best interest of the child standard to ensure that a child is supported, safe, and has meaningful contact with siblings, relatives, culture, and people. (October 8, 2010). 

Nelson v. Initiative Committee to Reduce Navajo Nation Council. Order and Opinion Denying Jurisdictional Challenge.  In the attorney fee phase of this case concerning the referendum vote to reduce the Council, the Court disposes of preliminary matters in this decision.  Inter alia, the Court clarifies that delegates filing as amici are actually real parties in interest representing the Navajo Nation Council, and holds that the Court has jurisdiction to address post-review issues related to attorney fees that raise questions of misappropriations out of the public treasury.  (October 18, 2010).

In the Matter of Frank Seanez.  Opinion.  In this disciplinary action concerning professional conduct of a Navajo Nation Bar Association member and Navajo Nation governmental employee, sua sponte by the Court, the Court ordered the disbarment of the Chief Legislative Counsel due to gross misconduct.  (October 22, 2010).

Office of the President and Vice-President et al v. Navajo Nation Board of Election Supervisors et al.Opinion.  In this original action for an extraordinary writ filed by the President "to prevent the imminent and substantial harm caused by NBOES' placement of an invalid referendum measure on the Nov. 2, 2010 general election" (regarding the election of judges), the Court dismisses the action because of an action for similar relief still pending in the Window Rock District Court.  However, the Court issues a writ of mandamus sua sponte under SC-CV-61-10 ordering the trial court to expedite a hearing on the merits and issue a decision prior to the elections.  (October 25, 2010).

Ferlin Clark v. Diné College.  Opinion.  In this appeal of a Labor Commission order for preliminary injunction, the Court addressing changed circumstances that occurred during the appeal finds that Clark does not have an existing employment contract with the College.  Addressing a jurisdictional challenge, the Court further finds that the reduction of the College Board of Regents to below quorum by the Government Services Committee in the period when this appeal was filed was prohibited by 10 NNC 2003(A).  (October 27, 2010).

Jones et al v. Curley et al.  Opinion.  In this appeal from a decision of the Office of Hearings and Appeals, the Court grants Appellees' motion to dismiss due to Appellants' untimely notice that a transcript was not necessary because the appeal would be on strictly legal grounds.  (November 8, 2010).

In the Matter of Frank Seanez.  Opinion and Order on Reconsideration.  In this reconsideration of disbarment of the Chief Legislative Counsel, the Court affirms its finding of gross misconduct.  However, for reasons of long-term intra-governmental harmony, the Court converts disbarment to suspension with strict conditions.  The Court further noted that there is a need for Navajo Nation practitioners to be taught the ethics and responsibilities of government lawyers in the public trust. (November 24, 2010).

Ferlin Clark v. Diné College. Opinion and Order on Reconsideration.  The Court denies Clark's petition for reconsideration and affirms its ruling that Clark's employment contract as President of Dine College had expired and was not renewed.  The Court further addresses issues of law raised regarding the significance of the holding of sacred items on an employment contract and regarding what authority a probationary justice retains pending presidential action when the Judiciary Committee has recommended against permanent appointment.  (December 3, 2010).  

Chee v. Navajo Election Administration et al. Opinion.  This is an appeal filed by the Navajo Election Administration contesting the Office of Hearing and Appeals invalidation of the general election results at Birdsprings and Tolani Lake Chapters, in which the incumbent for Council Delegate Leonard Chee lost to challenger Walter Phelps in the newly created precinct including the above chapters.  The Court reverses the OHA's decision.  (December 28, 2010).  

SC-CV-63-06

SC-CV-37-05

SC-CV-42-05

SC-CV-25-06

SC-CV-26-06

SC-CV-12-07

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

SC-CV-39-07

SC-CV-21-07

SC-CV-62-06

SC-CV-20-06

SC-CV-63-05

SC-CV-11-05

SC-CR-06-05

SC-CV-31-06

SC-CV-04-06

SC-CV-53-05

SC-CV-65-05

SC-CV-40-05

SC-CV-11-06

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

SC-CV-21-06

SC-CV-45-05

SC-CR-04-05

SC-CV-50-05

SC-CV-32-06

SC-CV-20-06

SC-CV-41-05

SC-CV-22-06