PR Archive 2012-2013

A.B.B.A. Rules of Procedure have undergone a final drafting, incorporating numerous comments that were submitted for the provisional rules during the 90-day initial comment period (5/1 - 7/31). Due to the changes, there will now be a second public comment period that will end on November 8, 2013. Do not cite to these draft rules pending Supreme Court adoption.

The designer of the winning entry for the contest to re-design the official seal of the Judicial Branch of the Navajo Nation is Cal Nez. The seal does not become official until the Supreme Court adopts it. The branch has certificates of participation for the designers and artists who entered the contest by 12 p.m. on Oct. 25, 2013. Please contact Karen Francis to pick up your certificate at (928) 871-6920.

The Navajo Nation Judicial Branch has been awarded $673,348 through the U.S. Department of Justice Coordinated Tribal Assistance Solicitation. The grant to the Navajo Nation Judicial Branch is for development of the Alamo and To'hajiilee Healing to Wellness Courts to increase access to behavioral health services and improve justice systems/ The grant will be used to enhance the existing Healing to Wellness Courts in the Navajo communities of Alamo and To'hajiilee through outreach activities to Navajo veterans and their families.

The Judicial Branch of the Navajo Nation announces a contest to design the official seal of the Judicial Branch. Submissions of original artwork are now being sought for this contest. The artist of the winning entry will receive an award of $1,700 for all rights to the design (the winner gives up all rights to his or her design). This call for submissions allows for the public to be involved in creating a symbol for the Judicial Branch of the Navajo Nation that reflects its purpose, goals and services. The branch operates with the policy that the traditional value system of the Diné is to be reflected in all its work.

UPDATE: If a submission is sent via e-mail, the Government Relations Officer will send an e-mail confirming the entry has been received. If you do not receive such an e-mail, please follow up to confirm that the entry was received. The navajo-nsn.gov system requires a sender outside the system to respond to an e-mail in order for it to get through to the recipient. If sent by mail, it is advised that the sender also follow up to confirm the entry was received.

The public hearings scheduled for September 10-11, 2013, in Chinle and Pinon, respectively, for the performance evaluation of probationary District Court Judge Cynthia Thompson by the Law and Order Committee have been postponed until further notice. The Law and Order Committee will reschedule the public hearings to a later date. The new information will be posted here when notice is given by the Committee.

The Navajo Nation Council's Law and Order Committee will be conducting a performance evaluation public hearing on probationary District Court Judge Cynthia Thompson on September 10, 2013, at 10 a.m. at the Chinle Chapter House and on September 11, 2013, at 10 a.m. at the Pinon Chapter House. The hearings are open to the public and public testimony is invited in accordance with the committee's hearing rules. Written testimony must be submitted the Committee Chairperson no less than five working days before the hearing. See public announcement.

Window Rock Judicial District Court will have limited services the week of September 23-27, 2013. Limited staff will only be available to answer calls, take messages and relay messages as necessary. Staff will only collect documents, but not process court cases, and will accept payments but receipts will be mailed. Services will resume on Monday, September 30, 2013. For more information, please contact the Window Rock Judicial District at (928) 871-6626.

The Tuba City Judicial District is hosting a federal trial of the United States District Court for the District of Arizona September 11-12. The case is United States v. Edsel A. Badoni, No. CR-12-8262-PCT-GMS. For more information, please contact (928) 283-3140. 

Volumes 1 and 2 of the Navajo Reporter, containing 1969-1979 Navajo Nation appellate opinions, are now back in print, combined in one book and available for purchase from the Supreme Court. Please go to the Supreme Court site for order forms.

The Judicial Branch is requesting $78,233 from the federal government through the Edward Byrne Memorial Justice Assistance Grant that will fund the purchase of JusticeWeb, an online application that will enable users anywhere to make online payments, access necessary forms, and view court documents.  The application is available for a 30-day public comment period ending August 17, 2013. The public comment period has ENDED.

The Dilkon Judicial District Court is closed on Friday, August 2, 2013 from 2 p.m. to 5 p.m. and all day Monday, August 5, 2013, due to no water to the court building.

The Navajo Nation Purchasing Department is soliciting for sealed proposals and bids to provide meeting room facilities, lodging and meals. Closing date is July 15, 2013, at 3 p.m. See Navajo Nation Judicial Branch Annual Conference RFP.

Revisions to the Rules of Procedure for the Álchíní Bi Beehaz'áannii Act have been released for public comment. The revisions are available on this website on the Judicial District Courts webpage under "ABBA Rules of Procedure April 28, 2013." Until permanent rules are adopted by Order of the Supreme Court, these rules are immediately applicable. Please provide input by July 31, 2013, to Karen Francis, Government Relations Officer.

The Supreme Court has issued Order SC-SP-01-13 adopting the Navajo Garnishment Act Rules of Procedure following a hearing on June 17, 2013. The Garnishment Act Rules may now be accessed through a permanent link on the JUDICIAL DISTRICT COURTS site on the left column.

On May 13, 2013, the Supreme Court issued its opinion in Neptune Leasing Inc. v. Mountain States Petroleum Corp. and Nacogdoches Oil and Gas Inc., No. SC-CV-24-10.  The period for reconsideration having ended, the Court now publishes its opinion. In this appeal of the Shiprock Court's dismissal of a repossession action on the basis of a lack of personal jurisdiction over Mountain States, the Court reverses and remands for further proceedings. The action concerns the sale and re-sale of a helium plant and its assets located on a Navajo Nation business site leasehold performed without involvement or consent of the Navajo Nation and without even a written business site lease. Finding that the Shiprock Court erred in providing conclusory findings as to jurisdiction, the Court found jurisdiction after engaging in a full jurisdictional discussion involving inherent sovereignty, Navajo statutes, and federal common law tests. The parties had additionally challenged subject matter jurisdiction on the basis of a private agreement between the purported buyer and seller selecting Texas as their litigation forum; however the Court stated that no private contractual clause may avoid Navajo Nation jurisdiction over transactions on Navajo Nation land involving assets in which the Navajo Nation may have an interest. Additionally, the Court repeated that there is no such thing as an equitable business site lease. The opinion may be found under "Supreme Court Opinions" below.

The Alamo-To'hajiilee Judicial District will be celebrating Justice Day 2013 on June 21, 2013, from 10 a.m. to 12 p.m.

May 20, 2013 -- Uploaded to the district court site is a Shelter Care and Removal Order drafted by Staff Attorney Dan Moquin to be considered as a sample by the district courts.  It may be reformatted for Justware and/or further revised pending final adoption by the Supreme Court, pursuant to 7 NNC § 601(D).

The 11th Annual Community Education Conference will be held June 13, 2013 at the Nenahnezad Chapter with the theme Alchini Ba' Ndaazhnit'a (Promoting Dine Family Group Conferencing).

Funeral services are set for May 24, 2013, for retired District Court Judge Evelyne E. Bradley, who passed away on May 21, 2013. Judge Bradley served the Navajo Nation courts for nearly 11 years, from 1984-1995.

Proposed rules for garnishment proceedings pursuant to the Navajo Nation Ethics in Government Law Garnishment Act of 2005 have been completed. The period for consultation and public comment begins May 7, 2013, and ends May 21, 2013. Please access the rules here and direct all input to Karen Francis, Government Relations Officer. PUBLIC COMMENT PERIOD HAS ENDED.

Public hearings on proposed changes to criminal sentences in Title 17 - Navajo Nation Criminal Code - are being held the week of May 13, 2013. Click on this link for more information.

On April 18, 2013, President Shelly issued Executive Order No. 07-2013 shortening the SAS Review process. A link to the order may be found when under the webpage for the Administrative Offices of the Courts.

The Aneth Judicial District Court is closed as of May 6, 2013, at 4 p.m. until further notice. Hearings scheduled for May 7, 2013 will be re-scheduled for a future date. For questions regarding hearing dates for May 8, 2013 and May 9, 2013, please contact the Administrative Office of the Courts for more information at (928) 871-6762. 

UPDATE: The Aneth Judicial District Court will re-open on May 8, 2013.

April 1, 2013 marks the 54th anniversary of the Navajo court system. The Navajo Nation Judicial Branch celebrates the creation of the Navajo court system with Justice Days held at the judicial district courts. 

• April 1, 2013 - Chinle Judicial District, Crownpoint Judicial District and Aneth Judicial District
• April 2, 2013 - Window Rock Judicial District
• April 12, 2013 - Tuba City Judicial District, Dilkon Judicial District and Shiprock Judicial District
• May 3, 2013 - Dzil Yijiin Judicial District and Ramah Judicial District
• May 10, 2013 - Kayenta Judicial District

A link to the portion of reauthorized VAWA concerning tribal court jurisdiction over non-members in domestic violence-related offenses (Section 904 of the Act) may be found here. The Act was signed into law on March 7, 2013 and includes expanded tribal jurisdiction over non-members under limited circumstances that will be implemented in 2 years. A permanent link to this jurisdictional section is provided below under "Resouces."

On February 26, 2013, the Supreme Court issued its opinion on reconsideration in Sandoval v. Navajo Election Administration and Concerning Leo Johnson, Real Party in Interest, No. SC-CV-62-12.  In this appeal of an OHA dismissal on an election grievance, the Court reverses the OHA and orders Leo Johnson disqualified as school board member of the Shiprock Associated Schools Inc. (SASI). The Court emphasizes the duties of the NEA and candidates when conditions concerning qualifications change before an election has taken place. The Court then states that the qualifications statute for school board members specifically require mandatory enforcement throughout the term of office. The vacancy shall be filled by special election pursuant to 11 N.N.C. § 143. The opinion may be found under "Supreme Court Opinions" below.

The Supreme Court's opinion in Sandoval v. Navajo Election Administration and Concerning Leo Johnson, Jr., Real Party in Interest, No. SC-CV-62-12, that was issued on December 18, 2012 has been withdrawn from publication, as a petition for reconsideration has been received within 20 days plus a period of time for mailed-in petitions. 

The Supreme Court has released for publication its opinion in Bahe v. Platero, No. SC-CV-48-12 that was issued on December 20, 2012. The Court affirms the Crownpoint Family Court's dismissal of plaintiff's child custody and support action concerning a Navajo family in order to allow the matter to proceed in the Bernalillo district court where a similar matter had previously been filed. The Court emphasizes that inherent tribal sovereignty provides Navajo courts with exclusive jurisdiction over matters concerning internal relations between tribal members, and that the courts must be watchful that they do not unnecessarily concede concurrent jurisdiction in such matters. Nevertheless, 7 NNC 253a(E) enables our courts to allow the matter to be heard in another forum in the interest of substantial justice and in the spirit of comity. The 20-day period of reconsideration now ended, the opinion may be found under "Supreme Court Opinions" below.

The Supreme Court has released for publication its opinion in Graven v. Morgan et al, No. SC-CV-32-10, that was issued on November 9, 2012. The Court affirms the Window Rock District Court's dismissal of plaintiff's contractual claims on different grounds of capacity and standing. The 20-day period of reconsideration now ended, the opinion may be found under "Supreme Court Opinions" below. 

The Supreme Court has released for publication its opinion in Meadows v. NNLC, No. SC-CV-64-11, that was issued on November 2, 2012.  The Court grants a petition for writ of mandamus, finding that the Labor Commission lacked authority to order the recusal of the panel and all previous members. The Court remands the matter for the Commission to hear the merits of the case. The 20-day period of reconsideration now ended, theopinion may be found under "Supreme Court Opinions" below.

The Navajo Nation's Peacemaking Program has been awarded a grant by the Administration for Children and Families Tribal Court Improvement Program to develop local peacemaker capabilities in housing subdivisions and rural communities. The grant is entitled "Peacemaking Toward Asset-Building Navajo Nation Rural Communities." The award is made in annual budget increments; $146,602 has been initially awarded for 2012-2013 with the budget renewable for up to three years for a total of $439,807. 

The Supreme Court has released for publication its opinion in James v. Window Rock Family Court, No. SC-CV-06-12, that was issued on October 8, 2012. The Court grants James' petition for writ of mandamus where James' adoption filing was not acted on by the family court for several months. The writ compels the district court to process cases within statutory and rule-based timeframes and emphasizes the the duties of the Court Administrator.  The Court also addresses the family court's interpretation of the adoption statute, which the family court interpreted, erroneously, as requiring a petition for termination of parental rights (TPRs) to also be filed when an adoption is sought.  Clarifying that the Navajo Nation favors formal adoptions with TPRs only in cases of child abuse or neglect, the Court stated that the recent Alchíní bi Beehaz'áanii Act emphasizes that "customary adoptions" must be considered before all other options, including TPR as a last resort.  As the Act does not define customary adoptions, the Court provides the definition in this opinion.  The 20-day period of reconsideration now ended, the opinion may be found under "Supreme Court Opinions" below.

October 18, 2012: UPDATE The Shiprock Judicial District reopened at 8 a.m. on Thursday, October 18. The general public is requested to use the east entrance door to access the facility. Though the court will be open, the Shiprock Judicial District Court is rescheduling all court hearings for the rest of the week. Further information can be obtained by calling (505) 368-1270 or 1278.

October 17, 2012: Shiprock Judicial District Court will be closed until further notice due to damage that has been sustained to the building. All hearings scheduled for today and the rest of the week will be rescheduled. Further information will be released regarding contact information and other relevant information when available.

The Supreme Court has released for publication its opinion in NHA v. Johns et al, No. SC-CV-18-10, that was issued on September 10, 2012. In this appeal of the Crownpoint District Court's denial of NHA's motion to dismiss on the basis of sovereign immunity, the Court vacates the denial.  Noting that the issue of NHA's immunity has returned time and again to the Court, first on the basis of NHA's codified plan of operations, subsequently on amendments to both NHA's plan of operations and the Sovereign Immunity Act, the Court finds that NHA had immunity at all times relevant to this action. In reaching its decision, the Court overrules a quartet of cases concerning NHA's immunity and reestablishes its 1987 opinion in NHA v. Dana as the controling case. The 20-day period of reconsideration now ended, the opinion may be found under "Supreme Court Opinions" below.

The Supreme Court has released for publication its opinion in Baker v. Greyeyes, No. SC-CV-34-12, that was issued on August 24, 2012.  The Court grants a petition for writ of habeas corpus filed by an inmate after six months incarceration while serving time on multiple sentences in which the judge failed to specify how the sentences would run.  The Court holds that when not stated in a judgment, multiple sentences are presumed to run concurrently. The opinion may be found under "Supreme Court Opinions" below.

September 6, 2012: The Window Rock District Court has vacated all orders regarding closure of Administration Building 1 in Window Rock in Navajo Nation v. Alice W. Benally et al, docket number WR-CV-218-11. See order.

The Supreme Court has issued an opinion in In the Matter of M.C., No. SC-CV-16-12, denying a petition for writ of habeas corpus, holding that 9 N.N.C. § 1310(A), which provides for a child's right to assistance of counsel at "all proceedings alleging the delinquency of a child" does not attach at a detention hearing that must be held within 24 hours of detention, on the basis that detention hearings address further detention, not the merits of the charges, to which young men and women are able to speak for themselves. The opinion may be found under "Supreme Court Opinions" below.

August 2, 2012: On July 30, 2012, the Law & Order Committee of the Navajo Nation Council unanimously approved the Peacemaking Program's plan of operations that sets forth the Program's new traditional services, which are extensive. Also this week, the Judicial Branch was notified that the Peacemaking Program has been awarded $73,497 from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant for the "Juvenile Dependency, Diversion and Alternative Sentencing Peacemaking Project."

July 19, 2012: The Window Rock District Court is open at its regular location at 7 a.m., Monday through Friday. Once temperatures reach unsafe levels, court staff will be stationed at the Administrative Office of the Courts, located at the Damon Building on the south side of the intersection of Highway 264 and Route 12 in Window Rock, Arizona. Information:(928) 871-6626.

July 12, 2012: The Window Rock District Court office will continue to operate from 7 a.m. to 12 p.m., Monday through Friday. A temporary office is being set up where the Court will accept filings and take inquiries at the Window Rock Probation and Parole Office to 5 p.m., Monday through Friday.

June 29, 2012: The Window Rock District Court will open at 7 a.m. and close at 12 p.m. until further notice due to temperatures reaching unsafe levels in the workplace. Also available is the June 26, 2012 press release Updates will be made to this website as necessary.

The Law and Order Committee approved legislation on May 29, 2012, to establish the Dzil Yijiin Judicial District. The new judicial district will be located at Pinon, Arizona, and will serve Black Mesa, Blue Gap-Tachee, Forest Lake, Hardrock, Low Mountain, Pinon and Whippoorwill chapters. 

June 22, 2012: The Window Rock Judicial District Court closed on June 22, 2012, at 2 p.m. Hearings that had been scheduled after 2 p.m. will be resheduled to a later date. Inquiries may be made once normal business hours resume at (928) 871-6984. For other information, please contact Window Rock Judicial District Probation Services at (928) 871-6625.

The Judicial Branch is requesting $73,947 from the federal government through the Edward Byrne Memorial Justice Assistance Grant that will enable the courts, prosecutor and Social Services to refer Children's Code cases to peacemaking and life value engagement teachings pursuant to the revised Children's Code, the Alchini Beehaz'aanii Act of 2011.  The application is available for a 30-day public comment period ending July 8, 2012. 

The application may be found here. Please send your comments to Karen Francis, Judicial Liaison Officer.

The Shiprock Judicial District Court will be closed June 8, 2012, to allow for necessary repairs to be completed. District court personnel will remain on duty to perform duties and responsibilities. Information: (505) 368-1270.

The To'Hajiilee Court will hold its Justice Day celebration on May 18, 2012. The Alamo Court will hold its Justice Day celebration on May 25, 2012. 

An article dated April 27, 2012, states that a hearing has been scheduled on May 31 by the Window Rock District Court to get an update on settlement efforts by the special prosecutor in the discretionary fund cases, Navajo Nation v. Benally, et. al, No. WR-CV-218-11. No hearing has been scheduled for May 31, 2012, nor has a notice of hearing been issued by the Window Rock District Court in this case.

The first-ever Navajo Nation Probation Academy will be held during the months of June and July at the Kayenta Unifed School District facilities. The academy is for certification of probation officers with classes conducted by Fox Valley Technical College. For more information, contact Chief Probation Officer at (928) 697-5500

The Supreme Court has issued an opinion in Navajo Housing Authority v. John Dennision, No. SC-CV-04-12, ruling that a 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.  The opinion may be found under "Supreme Court Opinions" below.

The Shiprock Judicial District will be closed to the general pubic April 24-25, 2012, for the safety and protection of the public while construction work is taking place. For more information, please contact the judicial district court at (505) 368-1270.

The Navajo Nation Supreme Court used IP-based video conferencing for the first time on April 10, 2012 to conduct a habeas corpus hearing.

Chief Justice Herb Yazzie's column on the need for a Supreme Court complex appeared in the Navajo Times newspaper released on April 5, 2012. The chief justice reiterates the need for a complex that would house the Supreme Court, Administrative Offices of the Courts, Peacemaking Program and Probation & Parole Services. 

The Judicial Branch of the Navajo Nation is pleased to announce the Navajo Nation Justice Days for 2012. This year marks the 53rd anniversary of the Navajo court system.

Chief Justice Herb Yazzie's column on juvenile justice appeared in the Navajo Times newspaper released on March 1, 2012.

The Navajo Nation Judicial Branch has released the Annual Message of Chief Justice Herb Yazzie in which he described the needs and accomplishments of the branch in 2011. The Chief Justice primarily focused his message on the urgent need for the Navajo Nation to begin comprehensive planning for its program goals and budgets. 

The Navajo Nation Supreme Court office and the Peacemaking Program office are closed February 24, 2012, from 1 p.m. to 5 p.m., due to a waterline break in the area.

February 10, 2012: Legislation No. 0046-12, to approve supplemental funding from the unreserved, undesignated fund balance in the amount of $598,116.82 for the Nábináhaazláago Case Management Services to Juveniles has been posted on the Navajo Nation Council website for public comment. Comments may be e-mailed to comments@navajo-nsn.gov or mailed to Executive Director, Office of Legislative Services, P.O. Box 3390, Window Rock, AZ 86515. 

The Navajo Nation Council confirmed the two-year appointment of Martin Avery to the Commission on Navajo Government Development on Thursday, January 26, 2012. There are now eight members on the Commission with the confirmations of Mr. Avery and the president's nominee during the Council's Winter Session. Per 2 N.N.C. § 974, meetings of the Commission require a quorum of seven members.

The Supreme Court has issued an opinion in Victor Bowman v. Delores Greyeyes, Navajo Nation Dept. of Corrections, No. SC-CV-63-11 in which Bowman filed 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).  The opinion may be found under "Supreme Court Opinions" below.

The Supreme Court has issued an opinion in Navajo Nation v. RJN Construction Management, Inc., et al, No. SC-CV-13-11 in which RJN, the Home for Women and Children, and Robert Nelson, the owner of RJN, joined in an appeal of an injunction issued by the Shiprock District Court.  The Shiprock court's order permanently enjoined the appellants from interfering with the Navajo Nation's obligation to build a shelter facility under the terms of a business site lease issued to the Home for Women and Children. The Court affirmed the lower court's decision. The opinion may be found under "Supreme Court Opinions" below.

January 12, 2012: The Window Rock District Court has ordered all legal counsel appearing in the Navajo Nation discretionary fund cases – Navajo Nation v. Alice W. Benally, et al, WR-CV-218-11 – to disclose any potential conflicts arising from present or prior employment or contracts with the Navajo Nation. An Order of Submission was issued on January 10, 2012 requiring potential conflicts be disclosed by 5 p.m. on Friday, February 3, 2012.