PR Archive 2010–2012

December 29, 2011:  The Supreme Court has issued an opinion granting habeas relief in Bitsie v. Greyeyes, No. SC-CV-55-11 in which the record failed to show specific reasons why a defendant was denied bail at arraignment. The Court has also issued an opinion in In the Matter of the Quiet Title to Livestock Permit No. 8-487 Formerly Held by Martha Francis, No. SC-CV-41-09 reversing the family court's dismissal of a quiet title matter for lack of subject matter jurisdiction, stating that Navajo Nation Council Resolution No. CO-59-13 did not establish the Office of Hearings and Appeals as the exclusive forum for resolving grazing permit disputes.  Both opinions may be found under "Supreme Court Opinions."

December 22, 2011: The Nábináhaazláago Initiative Case Management Offices in Tohatchi and Tuba City will be closed as of December 30, 2011. Case management services are no longer being offered by Nábináhaazláago Initiative for youth in detention sites as of December 16, 2011. The Judicial Branch's Probation and Parole Services will now be assigned pending case management cases.

Crownpoint Judicial District Court is closed December 22, 2011.

December 19, 2011: The Judicial Branch of the Navajo Nation announces the retirement of District Court Judge Leroy S. Bedonie, effective December 31, 2011.

The Supreme Court has issued an opinion in Thomas-Pittman v. Navajo Nation, No. SC-CV-56-11 in which a pro se litigant asked the Court to permit her to contest an OHA decision without needing to pay a filing fee due to indigency.  The Court denied her request because the fee is jurisdictional and may be waived only where required under the Navajo Nation Bill of Rights. The Court further provided a summary of circumstances in which the waiver is available.  The opinion may be found under "Supreme Court Opinions."

The Ramah District Court will be closed Friday, December 16, 2011, from 9 a.m. to 5 p.m.

Kayenta Judicial District will be closed Friday, December 16, 2011, from 9 a.m. to 2:30 p.m.

Alamo/To'hajiilee Judicial District will be closed December 19, 2011.

The Supreme Court and the Administrative Office of the Courts will be closed on Wednesday, December 21, 2011, from 1 p.m. to 5 p.m.

December 12, 2011: The Navajo Peacemaker Youth Education and Apprentice Program is preparing for peacemakers to begin providing services in 13 schools across the Navajo Nation in 2012. The program is four-year project that aims to put peacemakers in schools and communities to help students and their families improve communication and deal with issues such as truancy, school drop-outs, alcoholism and substance abuse, and bullying.

The Dilkon Judicial District is closed December 2, 2011, due to no electricity and winter weather conditions. For more information, please contact the Dilkon Judicial Court on December 5, 2011, at (928) 657-8141/8142.

December 2, 2011: Lucinda Adekai-Yellowhair, chief probation office of the Navajo Nation, has been appointed by Arizona Supreme Court Chief Justice Rebecca White Berch to the Committee on Probation as the tribal community representative for a two-year term.

November 30, 2011: Martin Avery has been nominated for appointment to the Navajo Government Development Commission as the Judicial Branch representative by Chief Justice Herb Yazzie. Legislation has been introduced by Elmer P. Begay for the Navajo Nation Council to confirm his two-year appointment.

Oral argument in In the Matter of the Estate of Betty Ray Cody, scheduled to take place at the Dilkon courthouse on Monday, November 21, 2011, has been vacated.  See oral arguments, below.

About 250 Yale Law School students, faculty members and visiting scholars watched the Supreme Court of the Navajo Nation hear a case in the Law School auditorium on Monday, November 14.  Eugene Fidell, a lecturer at the Law School who teaches a course on Native American law, said that this event was "a way of breaking out of a rigid vision of law" and served as a useful reminder that there are many ways to design a law system.

Council Resolution CO-38-11 enacting the Navajo Nation Alchíní bi Beenahaz'áanii Act of 2011 and signed into law by President Ben Shelly on October 31, 2011, has been uploaded in its entirety to the Judicial Branch website.  Please click on the "Selected Council Resolutions" link in the column to the left.

November 16, 2011: This update addresses the process for judicial appointments presently underway for vacant positions on the Navajo Nation Supreme Court and district courts.

November 15, 2011: The Navajo Nation Alamo/To'hajiilee Judicial District and the Alamo Chapter are holding a cross-commissioning ceremony with Socorro County Sheriff's Office on November 16, 2011. Eleven deputies will be issued Navajo law enforcement commission cars. An agreement signed by the state, county and Navajo Nation officials gives authority to the sheriff's deputies to enforce criminal and traffic laws of the Navajo Nation and the ability to file cases with the Alamo/To'hajiilee Judicial District.

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November 8, 2011: The Judicial Branch of the Navajo Nation acknowledges and sends its appreciation to the branch employees who have served in the United States Armed Forces with honor, courage, pride and commitment.

The Supreme Court has issued an opinion in Rosenfelt & Buffington v. Johnson, No. SC-CV-34-08 which concerned an appeal of a Navajo Nation Labor Commission's finding that a law firm's termination of a an employee was not for just cause.  The Supreme Court reverses the NNLC's decision.  The opinion may be found under "Supreme Court Opinions.". See press release.

Associate Justice Eleanor Shirley has been confirmed as a permanent Associate Justice of the Navajo Nation Supreme Court. Window Rock District Court Judge Carol Perry gave Justice Shirley the oath of office after the Navajo Nation Council passed the confirmation legislation on October 19, 2011.

October 13, 2011:  In an interview with KNAU on an impending Council vote on rule changes that will affect qualifications of justices, Chief Justice Herb Yazzie emphasized that it is important that judges be well versed in the Navajo language and culture, which is the basis of the tribal legal system. "Through my experience, and other native lawyers will tell you, law schools teach only the American perspective of law," he said.  Council Delegate Russell Begaye said that a legal system with law-school trained judges and less reliance on fundamental Diné law would attract more businesses to the reservation. However, Matthew Fletcher, an Indian law professor at Michigan State and director of MSU's Indigenious Law and Policy Center, told KNAU that the Navajo Supreme Court is actually known for its fairness to outside businesses. "They write and justify every decision they make," he said, "You could teach a whole class just on Navajo Supreme Court decisions. They are the leaders when it comes to appellate decisions."

The Judicial Branch 4th Quarter Report has been issued.  Please click on the "Branch Reports" link in the above banner.

The comment period on legislation to permanently confirm Associate Justice Eleanor Shirley ends September 30, 2011.

The Judicial Branch has issued its comments on proposed amendments to the qualifications of Navajo Nation Supreme Court justices at 7 N.N.C. § 354 (B) that were submitted last week to the Navajo Nation Council legislative process through Legislation No. 0388-11.  Chief Justice Yazzie and branch Human Resources Director Darren Tungovia commented separately, expressing concerns about the candidate pool and the consequences on Supreme Court's ability to continue to be a leader in tribal court adjudication rather than in "a borrowed state or federal system in which our culture is merely anthropological speculation."  Late Friday, Asso. Justice Emeritus Raymond Austin also submitted comments.

The Navajo Nation has been awarded a total of $2,087,145 by the U.S. Department of Justice (USDOJ) Coordinated Tribal Application Solicitation (CTAS) to fund tribal court programs, law enforcement and justice efforts, and support youth and adult alcohol and substance abuse prevention programming.

The Supreme Court has issued an opinion in John Doe BF v. Diocese of Gallup et al, No. SC-CV-06-10 which concerned an appeal of a district court's order of dismissal in a personal injury action due to late filing. 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.  The Supreme Court reverses the district court's dismissal and remands for further proceedings, including detailed findings on jurisdiction over the non-member defendants.  The opinion may be found under "Supreme Court Opinions."

Former Judicial Branch Liaison Officer Rose Whitehair, who is now the Program Manager of the National Congress of American Indians (NCAI) will be inducted on November 12 into the International Women in Homeland Security and Emergency Management Hall of Fame. Rose is the first Native American woman to be inducted into the Hall of Fame.

The Supreme Court has issued an opinion in In the Matter of the Guardianship of T.S.E.J. et al, No. SC-CV-07-09 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.  The opinion may be found under "Supreme Court Opinions."

The Navajo Nation Purchasing Dept. is soliciting sealed bids for the Judicial Branch upcoming Annual Conference to take place between Oct 17 and Nov 5.  You will be bidding to provide facilities and services for a 4 day meeting, 3 nights of lodging, and meals.  Deadline for proposals is August 16, 2011.  See Request for Proposals.

The Supreme Court has issued an opinion in Manning v. Abeita, No. SC-CV-66-08 in which a husband in a divorce action objected to the judge using informal methods in deciding his divorce.  The opinion may be found under "Supreme Court Opinions."

The Law and Order Committee of the Navajo Nation Council has recommended Justice Eleanor Shirley for Permanent Appointment as a Supreme Court Associate Justice.  See the press release.

The Supreme Court has issued two opinions.

In Gwendolene Begay v. Navajo Engineering & Construction Authority and the Navajo Nation, No. SC-CV-44-08 (July 25, 2011),the Court has affirmed the district court's dismissal of this tort action arising from an accident involving a car driven by a NECA employee.

In Aaron John v. Navajo Nation, No. SC-CR-01-09 (July 21, 2011), the Court has reversed the district court's conviction of John for aggravated battery for due process reasons in an appeal in which the Navajo Nation failed to submit a brief.

For both opinions, please go to "Supreme Court Opinions" section.

Alamo Court is closed, Thursday, July 21, 2011, due to a main water line break affecting the community. Court cases scheduled for July 21, 2011, will be rescheduled. Any questions, please contact To'Hajiilee Court at (505) 908-2817.

To'Hajiilee and Alamo Courts will be closed July 15, 2011, for staff development training.

The Judicial Branch, FY2011 Third Quarter Report is now available online.  Please click on the "Branch Reports" link on the above banner.

The Law and Order Committee of the 22nd Navajo Nation Council voted 3-0 to rescind a 21st Council Judiciary Committee resolution denying permanent appointment of Eleanor Shirley as an associate justice.

June 22, 2011: The public is invited to attend the To’hajiilee-Alamo Judicial District Resource Meeting and Dine Local Collaborative 15 behavioral health coalition meeting (NM Behavioral Health Planning Council) at the To’Hajiilee District Court House on FRIDAY, June 24, 2011 at 9:30 a.m.  See attached agenda.

NOTICE OF SHIPROCK COURT CLOSURE, JUNE 20-24, 2011.  The Shiprock District and Family Courts will be closed the entire week of June 20 - 24, 2011 in order for court personnel to participate in end user training for a new court records management system.   The projected date for "go-live" implementation of the new automated system is June 27.  The Shiprock Judicial District is the pilot for the new system, which will be rolled out Navajo Nation-wide in the coming year.  The system, to be used by the courts, probation services, peacemaking program, the prosecutor, and public defender, is funded by a mix of Federal, State, and Navajo Nation funds. 

Alamo/Tohajiilee District Court Judge William J.J. Platero has been appointed to the Tribal State Judicial Consortium by Honorable Charles W. Daniels, Chief Justice of the Supreme Court of the State of New Mexico, after being elected to fill a vacancy by the judges on the consortium.

The Judicial Branch issues a Press Release to clarify important inaccuracies in today's Navajo Times article, "Balaran Lists Benefits of Civil Prosecution."  Mainly, the branch clarifies that it does not have control over, and cannot authorize, the Special Prosecutor's decisions. 

President Shelly has issued a memo deciding not to veto the Council's enactment of the 2011 Amendments to Title 2 of the Navajo Nation Code, holding the Council to its commitment that this is a working document. Click here for the full text of the memo and resolution.  

The Supreme Court has issued an Opinion Granting Dismissal in Hasgood et al v. Cedar Unified School District, SC-CV-33-10.  The Court grants 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. For the opinion, please see "Supreme Court opinions."

The Special Prosecutor, Supreme Court and representatives from the district courts fully addressed the reasons and administrative issues surrounding the Special Prosecutor's prosecutorial plan in the discretionary fund cases at a conference on Thursday, May 5, 2011. 

The Supreme Court has issued an Order Scheduling Conference in Acothley v. Perry, SC-CV-08-11 after receiving a prosecutorial plan from the Special Prosecutor in the Discretionary Fund Cases in which he proposes to dismiss the criminal charges without prejudice and commence filing civil charges.   The Conference, which will solely address the plan as an administrative matter, is scheduled for Thursday, May 5, 2011 at 10:00 am in the Navajo Nation Museum, Conference Room 3 in Window Rock.  The public is welcome to attend.

The Supreme Court has issued an order amending its March 1, 2011 opinion in Acothley v. Perry, SC-CV-08-11 with regard only to the payment of juror fees after the Judicial Branch was able to move limited funds from other programs for juror fees. For the order, please see "Supreme Court opinions.".

Chief Justice Yazzie has issued his 2nd quarterly message for FY2011.  Also issued today is the Judicial Branch FY2011 2nd quarter report, which may be found at the "Branch Reports" link above.

At the request of Council Delegate LoRenzo Bates after testifying before the Nabikiyati Committee in Shiprock on April 12, Chief Justice Yazzie has submitted proposed language to revise Legislation No. 0148-11.  Because of the short time given to propose specific language, the language proposed by the Chief Justice is limited to the enacting resolution and the powers of the Law and Order Committee.  See Memo on Proposed Language.

The Judicial Branch has responded with its comments on the proposed permanent Title II Amendments under Legislation No. 0148-11 distributed by the Nabik'iyati' Committee on April 3 for a 5 day period of comment.  The branch expresses its strong opposition to the extremely short comment period, limitations on who may comment, the lack of any involvement of the Commission on Government Reform in the drafting, no solicitation of public input, retention of provisions previously invalidated by the Supreme Court, new general impeachment powers of the Council, new exclusive control by the Council over the judiciary at this time when 11 members of the present Council are facing criminal trials in our district courts, and the lack of any independent oversight controls over the Council and its committees, leaving the Council invulnerable and unaccountable for its future actions.  See Judicial Branch Comments.

The Honorable Tom B. Becenti, retired judge, passed away on March 28.  Internment is being held at the Santa Fe National Cemetery in Santa Fe on Monday, April 4, 2011.

Seven county deputies from Socorro County in New Mexico received training on March 14-15 from Navajo Nation Judicial Branch staff so that they may begin to provide law enforcement services for the Alamo Chapter in Alamo, New Mexico.

The February Issue of Diné Youth & Justice, the newsletter of the Nabinahazlaago Initiative/Peacemaking Program, is now available online.  Please click on the link under "Judicial Branch Newsletters."

The Supreme Court has issued its Opinion and Omnibus Order and Writ of Superintending Control in Acothley et al v. Perry, No. SC-CV-08-11.  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.  For the opinion, please go to "Supreme Court Opinions" section.

The Supreme Court has issued its opinion in Kayenta Township Commission v. Ward et al, No. SC-CV-29-07. The Court has reversed the district court's finding that the KTC lacked authority to file a forcible entry action against trespassers who occupied a business site and ran businesses within the township without a lease.  For the opinion, please go to "Supreme Court Opinions" section.

The Supreme Court has issued its corrected opinion in Wauneka v. Navajo Nation Law Enforcement, No. SC-CV-27-09. The Court reverses the Navajo Nation Labor Commission's award of emotional damages in an NPEA violation and sets forth guidelines in remedial orders for emotional distress.  Please go to "Supreme Court Opinions" section below.

Oral argument in Patricia Billy v. Chester Billy, No. SC-CV-66-10 will be heard at the above date and location.  Before YAZZIE, Chief Justice, SHIRLEY, Associate Justice and by designation, Judge Genevieve Woody.  An original action for a Writ of Prohibition concerning dismissal of counterclaims in a divorce petition by the Kayenta  Family Court.  Michael Day, Keams Canyon, Hopi Nation for Petitioner, Malcolm Begay, for Respondent, Kayenta Family Court, and Judy Apachee, Flagstaff, AZ, for Chester Billy, Real Party in Interest.

Any Navajo Nation agency wishing to apply for justice grants under the Consolidated Tribal Assistance Solicitation (CTAS) for FY 2011 must be aware of the single-tribe application requirement for all justice-related funding.  Deadlines for submission are fast approaching.  A Navajo Nation workgroup has been formed and a single application will be submitted by this group on behalf of all Navajo Nation agencies. 

The To’Hajiilee District Court invites all peacemakers from the To’Hajiilee-Alamo Judicial District to the quarterly peacemaker meeting on Friday, February 4, 2011 at 10 a.m., to meet with District Court Judge William J.J. Platero at the To’Hajiilee Courthouse, 7 miles North of Exit 131, Interstate 40.

The Crownpoint District Court has issued an order dismissing with prejudice Navajo Nation v. Ben Shelly, No. CP-CR-11-014/015/016 (February 2, 2011).  Click here for the order.

The 22nd Navajo Nation Council has passed CJA-06-11 as a provisional amendment to 2 N.N.C. and establishing the Nábik’iyáti’ Committee pending restructure of the 24 member Council. 

The Crownpoint District Court has issued an order expressing concerns regarding the Special Prosecutor's motion to dismiss several pending criminal matters concerning President Ben Shelly with prejudice without any conditions.  Navajo Nation v. Ben Shelly. No. CP-CR-11-014/015/016 (January 20, 2011).  The Crownpoint District Court's Order is under "Orders of Public Interest."

The Supreme Court has issued its corrected opinion explaining the reinstatement of the disbarment of Frank M. Seanez and imposing monetary sanctions, In the Matter of Frank Seanez, No. SC-CV-58-10.  See press release.  The Court's Opinion is available under Supreme Court Opinions.

The Supreme Court has ordered the reinstatement of the disbarment of Frank M. Seanez following an order to show cause hearing.  The Court's Order is below under Orders of Public Interest.

The First Quarter Report of the Judicial Branch for FY2011 is now available online.  Please click on the "Branch Reports" link on the above banner.

The Supreme Court has issued a Second Order to Show Cause and Order to Cease and Desist to Frank Seanez in the matter of his disciplinary action as an NNBA member.  See "Orders of Public Interest."

All Judicial Branch employees wishing to attend the Jan 11, 2011 Navajo Nation Inauguration in Window Rock, Arizona will be granted paid leave.  For those not attending, normal business hours will apply.  See Memorandum.

Navajo Nation President Joe Shirley, Jr. declines to remove Associate Justice Eleanor Shirley from Navajo Supreme Court.  See press release.

The Supreme Court has issued its opinion in the attorney fee phase of Nelson v. Initiative Committee to Reduce Navajo Nation Council, Office of the President et al., SC-CV-03-10. The Court has invalidated the appropriation of public funds to pay attorney fees in this case and placed a moratorium on Navajo Nation discretionary spending through direct disbursement "financial assistance" programs. Please go to "Supreme Court Opinions" section.

The Supreme Court has issued a Memorandum Decision in Platero v. Navajo Election Administration et al., SC-CV-68-10. The decision may be found below under "Orders of Public Interest."

The Navajo Nation POV Reimbursement Rates for 2011 is available at the AOC site.  Please go to "Administrative Offices of the Courts."

The Supreme Court has issued its opinion in Chee v. Navajo Election Administration et al., SC-CV-67-10.  Please go to "Supreme Court Opinions" section.

Annual Statistical Reports of the Judicial Branch, FY 2008-2010, are now available online.  Please click on the "Branch Reports" link on the above banner.

The To'hajiilee-Alamo Courts are closed Monday, December 20, 2011 for quarterly staff meeting in Alamo.

Vice-President Elect Rex Jim joined Associate Justice Eleanor Shirley and Crownpoint district staff in a groundbreaking ceremony for the Crownpoint Judicial/Public Safety Complex.

Justice Louise G. Grant's retirement was celebrated in Window Rock by 70 family members and colleagues past and present with gifts and speeches from the Office of the President, Judicial Branch, Prosecutors Office, Attorney General, NNBA, DNA, and Public Defender.  

Judicial Branch Close Out Report to the Judiciary Committee 

Corrected Memorandum Regarding 2011 Judicial Branch Holidays. 

Supreme Court Affirms Holding in Ferlin Clark v. Dine College. 

Participants Introduced to Family Group Decisionmaking. 

Supreme Court Issues Order in Seanez Reconsideration.

To'hajiilee Celebrates New Courtroom Additions. 

The JB Human Resources Director has issued a PAF Submission Schedule for FY 2011.

The JB Human Resources Director has issued a Donation of Sick Leave policy and form.  Also issued is an Application for Veterans Employment Preference form.

This Veterans Day, the Judicial Branch acknowledges and sends its appreciation to the Judicial Branch employees who have served in the U.S. Armed Forces.

A revised Judicial Branch Employee Policies and Procedures, Beehaz'aanii Bik'ehgo Da'iniish (JBEPP) has been approved effective November 8, 2010. 

Alamo Court was shut down Friday due to water pipe problems, may reopen Monday.  For status, please check with the Court Monday morning (575) 854-2668.

The final order in Office of the President et al v. Navajo Nation Council and NBEA, WR-CV-304-2010 (judge election referendum case), entered verbally on October 28, 2010 and issued on October 29, 2010 may be found here and under "Orders of Public Interest."

Window Rock Court asks for patience in processing requests for copies of documents relating to charges brought forth by the Special Prosecutor.

Supreme Court has issued a decision in Ferlin Clark v Dine College.  See "Supreme Court Opinions"

Supreme Court dismisses appeal for procedural reasons; orders expedited hearing in judge election referendum matter.

Oral argument postponed in John Doe, BF v. Diocese of Gallup, et al, No. SC-CV-06-10.

Supreme Court Denies Jurisdictional Challenges in Nelson v. Initiative Petition Committee, SC-CV-03-10.

Peacemaking Program to host Nov 8, 2010 USDOJ Family Group Decisionmaking Information Session at Navajo Nation Museum on school behavior issues and school success, EVENT IS FREE AND OPEN TO THE PUBLIC. Click here for flyer.

NNIJISP provides laptops for Navajo Nation law enforcement mobile lab units.

NNIJISP receives $495,000 USDOJ Tribal Court Assistance Program grant to be administered by the Judicial Branch.

Groundbreaking to take place on Sept 24 for Tuba City Judicial/Public Safety facility that will house the district court, public safety programs, and corrections facility.

Supreme Court affirms Navajo Nation jurisdiction and denies Writ of Prohibition in EXC v. Kayenta District Court.

Supreme Court demands reestablishment of Government Development Commission.

Child Welfare Implementation Project Begins Rollout.