Court Automation Policy

1.

The automation system of the Navajo Nation courts shall be referred to as the "Navajo Nation Court Management Information System" and will operate on a computer networking environment. The automation system will manage cases including criminal, civil. traffic. and children's matters, and provides automated functions (i.e. creating, editing, modifying, listing of proceedings. calendaring, and accounting).

2.

All laws and regulations governing access to information on the Navajo Nation Court Management Information System shall be observed.

3.

All purchases of computer equipment shall be uniform and compatible with the Navajo Nation Court Management Information System. Any purchases inconsistent with this policy is prohibited.

4.

All Navajo Nation Judicial Branch employees will be trained on the operations, expansion and development of the Navajo Nation Court Management Information System. The scope of training shall be consistent with the Navajo Nation Court Management Information System.

1.

The Navajo Nation Court Automation Commission designated by the Chief Justice of the Navajo Nation is responsible for the development of the Navajo Nation Court Management Information System. The Commission will have one representative from the Central Administration, the Navajo Nation Supreme Court, and each judicial district. Commission membership shall consist of judges, and court administrators approved by the Chief Justice and will serve indefinite terms.

2.

The authority and responsibility for security controls are derived from applicable federal and Navajo Nation laws, regulations and directives.

3.

The Systems and Programming Manager for the Navajo Nation Judicial Branch shall be responsible for the overall operations of the Navajo nation Court Management Information System. Some of the duties will include: conducting security audits, development and implementation of security standards, development of security training programs, investigation and tracking of security breaches. The Systems and Programming Manager shall report any breaches of the Navajo nation Court Management Information System to the Commission for corrective action. This section does not apply to personnel actions.

4.

Employees of the Navajo Nation Judicial Branch shall not release information stored in the Navajo Nation Court Management Information System to persons outside of the Judicial Branch without authorization of the Systems and Programming Manager. Any violation of this section shall be cause for discipline or termination.

5.

Any person authorized to work with the Navajo Nation Court Management Information System shall not:

a.

Reveal Navajo Nation Judicial Branch data to persons not specifically authorized to receive such data.

b.

Attempt or achieve access to Navajo Nation Judicial Branch data outside of job duties and responsibilities.

c.

Enter, alter, or erase Navajo Nation Judicial Branch data for any purpose.

d.

Enter, alter, or erase Navajo Nation Judicial Branch data maliciously or in retribution for real or imagined abuse, or for personal amusement.

e.

Use Navajo Nation Judicial Branch terminals, workstations, printers and/or other equipment for other than work-related purposes.

f.

Use another person's data access control identifier and password.

g.

Reveal personal Navajo Nation Court Management Information System accounts and/or passwords to another person.

h.

Ask another user to reveal his/her personal Navajo Nation Judicial Branch account and/or password.

i.

Make any exceptions to the Navajo Nation Judicial Branch Court Automation Policy without prior approval from the Navajo Nation Court Automation Commission and/or the Chief Justice of the Navajo Nation.

6.

Support for the Navajo Nation Court management Information System shall be provided by the System Managers at a local (district) level, a Systems and Programming Manager at an area level, and through support services provided by the Pima County Consolidated Courts of Tucson, Arizona.

7.

The modifications of the Navajo Nation Court Management Information System in terms of upgrade and modification will be provided by the Sentencing Commission in consultation with the Systems and Programming Manager.

8.

The Navajo Agency Network staff will have unrestricted access to the Navajo Nation Court System for technical support, monitoring, and programming assistance purposes. The Navajo Nation Judicial Branch will cooperatively implement a Navajo reservation-wide networking system linking "the judicial districts through equipment installed by the Navajo Agency Network office. Necessary expenses for the implementation provision of this service will be communal between the Navajo Nation Judicial Branch and the Navajo Agency Network office.

1.

Data owners, guardians, custodians and users have a shared responsibility to ensure data protection.

a.

DATA OWNERS. The Navajo Navajo Council. pursuant to 2 N.N.C. § 102(a), is the governing body of the Navajo Nation, and will act as the owner of all Navajo Nation governmental data, The government as a legal entity retains the exclusive right and use of all information assets in accordance with applicable federal. state and Navajo Nation laws, regulations and directives.

b.

SYSTEMS AND PROGRAMMING MANAGER. The person primarily responsible for the coordination and implementation of the Open Information Environment in relation to the three branches of the Navajo Nation government, Additional responsibilities will include management of data and the provision of training, technical support and assistance to each judicial district of the Navajo Nation Judicial Branch.

c.

SYSTEM MANAGERS, Each judicial district will designate a primary and secondary System Manager for management of the Navajo Nation Court Management Information System. The manager(s) will be responsible for data-processing, distribution, and storage operations. The Manager(s) will also be responsible for the provision of technical support and assistance at the local (district) level.

d.

DATA USERS, Any employee of the Navajo Nation Judicial Branch or outside agency who requires, manipulates, further processes and/or disseminates data shall be designated as a use of that data.

1.

Data-sharing agreements with local non-judicial Data Users may be initiated informally among the local District/Family Court Judges, the System Manager, and local non-judicial Data Users who have an established need for access to data owned by the Navajo Nation Judicial Branch.

2.

Data-sharing agreements with non-judicial Data Users within the Navajo Nation may be initiated among the Chief Justice, Systems and Programming Manager, and the non-judicial Data Users who· have an established need for access to data owned by the Navajo Nation Judicial Branch.

3.

Data-sharing agreements involving governmental agencies and other Data Users outside of the Navajo Nation shall be initiated among the Chief Justice, the Judiciary Committee of the Navajo Nation Council, and outside Data Users who have an established need for access to data owned by the Navajo Nation.

4.

Approval of all data-sharing agreements shall be based upon the provisions of federal and Navajo Nation laws, regulations and directives. Access to information/data in the Navajo Nation Court Management Information System by Navajo Nation Judicial Branch employees shall not be restricted or impaired in any manner.

1.

Access and reviewing of a person's individual records including client data, provider data and personnel data will be permitted in accordance with federal and Navajo Nation laws, regulations and directives governing confidentiality.

2.

Attorneys or court advocates representing an individual before the Navajo Nation courts will also be permitted and will be governed by the attorney-client confidentiality privileges and privacy.

1.

This policy governs all software and specifically addresses purchasing, developing and maintaining software applications.  Each software application will be evaluated in terms of its compatibility with established security controls. No software shall bypass or interfere with these security controls. Such controls may be include use of data encryption software, passwords and/or physical controls.

2.

Development, modifications, and/or implementation of software applications and programs shall be compatible with the designated Navajo Nation Court System and its networking environment.

1.

ACCESS -- the obtaining or viewing of data; the ability and the means to approach, store or retrieve data, to communicate with, or to make use of any recourse.

2.

BREACH -- a violation of federal or state security laws or regulations; or violations of the Navajo Nation security policies and procedures, and the Navajo Nation Judicial Branch court automation policies.

3.

CONFIDENTIALITY -- a term that refers to data whose unauthorized disclosure could be prejudicial to the Navajo Nation Judicial Branch, its employees, its providers, or its clients.

4.

DATA-ACCESS CONTROLS -- administrative measures employed, and the tasks performed by hardware and software to monitor system operations, ensure data integrity, perform user identification, record system access and changes, and grant user access.

5.

DATA INTEGRITY -- the preservation of data or programs for their intended purpose. The state that exists when computerized data is the same as the source documents and has not been exposed to accidental or malicious alteration or destruction.

6.

HARDWARE -- the computer and all related or attached machinery, such as mechanical, magnetic, electrical, and electronic devises used in data processing.

7.

NAVAJO NATION COURT MANAGEMENT INFORMATION SYSTEM -- the automated system of the Navajo Nation Judicial Branch which operates on a computer network environment.

8.

PASSWORD -- a unique word or string of characters that a program, computer operator or user must supply to meet security exposures.

9.

PRIVACY -- the right of individuals and organizations to control the collection, storage and dissemination of their data or information about themselves.

10.

SAFEGUARDING -- providing precautionary measure, stipulations or technical contrivances to prevent security exposures.

11.

SECURITY CONTROLS -- measures designed to secure the access of data by its users through various forms of restrictions.

12.

SOFTWARE -- a set of computer programs, procedures, and associated documentation concerning the operation of a computer system.

13.

STORAGE -- a facility used for housing data or computer programs and retaining them for subsequent use.