Press Release ArchiveJudicial Branch holiday closures The Judicial Branch of the Navajo Nation will be closed on December 24-25, 2015. The Judicial Branch will also be closed December 31, 2015, and January 1, 2016. Peacemaking and Parole Services offices in Window Rock relocated December 4, 2015: The Peacemaking Program's central administration and Window Rock Traditional Program Specialist have temporarily relocated to the St. Michaels Association for Special Education campus. Messages may be left with the Administrative Office of the Courts for Peacemaking at (928) 871-6762. Judicial Branch holiday closure The courts, programs and offices of the Judicial Branch of the Navajo Nation will be closed Wednesday, November 25, 2015, beginning at 1 p.m. through Friday, November 27, 2015. The Judicial Branch will resume normal operating hours on Monday, November 30, 2015. Peacemaking Program and Office of Probation closure The Peacemaking Program central administration and Window Rock Traditional Program Specialist's office will be closed beginning November 19, 2015, until further notice. Messages may be left with the Administrative Office of the Courts Administrative Services Officer at (928) 871-6762 or with the Peacemaking Program Office Technician at drbegay@navajo-nsn.gov. Window Rock Probation and Parole Services office will also be closed pending further notice. Messages may be left at the central Office of Probation and Parole Services at (928) 871-6720. Supreme Court issues Order Granting Partial Reconsideration The Navajo Nation Supreme Court issued an Order Granting Partial Reconsideration in Iiná Bá, Inc., v. Navajo Business Regulatory, No. SC-CV-60-10. In this order, the Court granted reconsideration to address the objection by the Office of Navajo Business Regulatory to the granting of attorney fees to Iiná Bá under the Navajo Sovereign Immunity Act. In its reconsideration, the Court found that it is within its power to award fees upon finding of special circumstances and that in this case, special circumstances exist. The Court therefore affirmed the award of attorney fees to Iiná Bá. Quarterly Report released October 15, 2015: The Judicial Branch has released its FY 2015 Fourth Quarterly Report available under the Branch Reports tab on this page. The report covers the period from July 1, 2015, to September 30, 2015. Public service announcement The Ramah Judicial District Court will be closed on October 26, 2015. For questions, please contact (505) 775-3218. Public service announcement The Judicial Branch of the Navajo Nation judicial districts, offices,and programs will be closed November 2-5, 2015, for staff to attend the Annual Judicial Branch Conference. Supreme Court sets date for oral argument August 6, 2015: The Supreme Court of the Navajo Nation has set oral arguments for Hadley v. Navajo Nation Department of Public Safety, Chinle Police Department, No. SC-CV-20-15, for August 18, 2015, at the Navajo Department of Transportation, Tse Bonito, N.M., at 10 a.m., and ordered the Respondent to file a response brief no later than August 13, 2015, at 3 p.m. See Opening Brief of the Appellant and Brief of Appellee (uploaded 08/17/15). Notice of public hearing August 5, 2015: The Law and Order Committee has scheduled a public hearing on the evaluation of performance of probationary District Court Judge Hon. Cynthia Thompson on August 31, 2015, at 10 a.m. at the Dilkon Judicial Complex. Per Law and Order Committee hearing rules, written public comments within five days of the hearing date and testimony is welcome. Hearing rules are available here. For more information, contact Mike Martinez, legislative advisor, at (928) 871-6623 or mmartinez@navajo-nsn.gov. Allen Sloan designated Acting Chief Justice The Honorable Allen Sloan has been designated the Acting Chief Justice of the Navajo Nation Supreme Court by Resolution No. LOCJY-06-15. Legislation was passed on July 27, 2015 by the Law and Order Committee (Corrected resolution posted 08/03/15 at 1:50 p.m.) Veterans Justice Outreach Project making a difference at national level July 22, 2015: Veterans Justice Outreach Coordinator for the To'hajiilee-Alamo Judicial District's Healing to Wellness Court Robertson Yazzie Jr. has been asked to be a participant in the national Veterans Administration-Indian Health Services Workgroup No. 8. The goal of the workgroup is to increase cultural awareness and culturally competent care for VA and Indian Health Services beneficiaries. See press release. Public comment period July 20, 2015: The Judicial Branch of the Navajo Nation is providing the public the opportunity to provide comment on the performance of probationary District Court Judge Cynthia Thompson. Judge Thompson has served at the Chinle Judicial District, Dzil Yijiin Judicial District and Dilkon Judicial District. Comments may be emailed to Marquerita Lincoln, Human Resources Specialist, at marqueritaalincoln@navajo-nsn.gov, or mailed to Judicial Branch of the Navajo Nation, Attention: Marquerita Lincoln, P.O. Box 520, Window Rock, Arizona, 86515. Only comments that pertain to the judge's judicatory function will be accepted. Anonymous comments will not be accepted. Comments must be received by the Judicial Branch by 4 p.m., on August 10, 2015. See announcement. Public comments sought on grant application July 13, 2015: The Navajo Nation Judicial Branch is seeking $58,802 through the Edward Byrne Memorial Justice Assistance Grant for FY 2015. The title of the grant application is "Process Serving to Ensure Victim Safety." The Navajo Nation proposes to assist victims of domestic violence by ensuring that protection orders are served by process servers who will receive compensation for their services. Data shows that the number of domestic violence cases in the Navajo Nation District Courts has remained steady and ranks fifth in reported offenses on the Navajo Nation, with the rate rising in larger population areas. Currently, there are a limited number of law enforcement officers who respond to incidents and have no time to serve protection orders that have been filed. The application of the Judicial Branch is now online for a 30-day public comment period beginning July 13, 2015, and ending August 12, 2015. Comments may be sent to Raquel Chee, grants administrator, at rchee@navajo-nsn.gov. Notice of public hearing The Law and Order Committee of the Navajo Nation Council will be holding a public hearing on the evaluation of the performance of probationary District Court Judge Hon. Leonard Livingston. The public hearing will be held July 14, 2015, at the Ramah Judicial District Court House beginning at 10 a.m. Hearing rules are available here. Contact: Mike Martinez, Legislative Advisor, (928) 871-6623. (Updated 07/08/15). Public comment sought on NNLC Rules of Procedure July 1, 2015: Navajo Nation Labor Commission is seeking public comment on proposed amendments to its Rules of Procedure. Public comment may be sent to Anslem Bitsoi by July 21, 2015. Notice of public hearing The Law and Order Committee of the Navajo Nation Council will be holding a public hearing on the evaluation of the performance of probationary District Court Judge Hon. Victoria Yazzie. Yazzie has been serving at the Dzil Yijiin Judicial District. The public hearing will be held July 7, 2015, at the Pinon Chapter House beginning at 10 a.m. Hearing rules are available here. Contact: Mike Martinez, Legislative Advisor, (928) 871-6623. Public service announcement June 19, 2015 (Updated July 1, 2015): The office of the Judicial Branch located at the Damon building in Window Rock, Arizona, including the Administrative Offices of the Courts and Office of the Chief Justice, has been shut down by order of the Navajo Occupational Safety and Health Administration, as of June 18, 2015, at 5 p.m. Judicial Branch Fiscal Services, Human Resources and central Office of Probation and Parole Services are temporarily located at the Department of Information Technology. The Office of Chief Justice is temporarily located at the Supreme Court. The Office of Special Projects and Information Technology are located temporarily at the modular building east of Quality Inn. Most employees now have access to email, phone lines and fax lines. Please check this website for updates on contact information and temporary office locations as such information becomes available. Ramah celebrates Justice and Law Day May 18, 2015: The Ramah Judicial District celebrated its Justice Day in conjunction with Law Day with local law enforcement on Friday, May 15, 2015. Justice Days are held at the Navajo Nation's judicial districts to celebrate the creation of the Navajo tribal court system, which became effective April 1, 1959. See press release. Judicial Branch announces retirement of Chief Justice Herb Yazzie May 13, 2015: The Judicial Branch of the Navajo Nation announces the retirement of Supreme Court Chief Justice Herb Yazzie, effective 5 p.m., Friday, May 15, 2015. Chief Justice Yazzie has served as the Chief Justice of the Navajo Nation since April 21, 2005. He has also served as the Chief Legislative Counsel and as the Attorney General in 1990 and from 1993 to 1998. He is a 1975 graduate of Arizona State University College of Law and a member of the Utah State Bar and the Navajo Nation Bar Association. Chief Justice Yazzie is also a veteran of the U.S. Army. The Judicial Branch thanks Chief Justice Yazzie for his years of public service and dedication to the Navajo Nation and the Navajo people. The Chief Justice's retirement message may be found here. Comments regarding proposed legislation for a referendum to increase the number of Supreme Court justices The Judicial Branch submitted public comment on Legislation No. 0156-15, a proposal for a referendum asking the Navajo people to decide whether to increase the number of Navajo Nation Supreme Court justices to five. The concerns of the Judicial Branch include the need for more funding for the branch and a Supreme Court facility as well as issues regarding recruitment and lack of qualified candidates. Associate Justice Emeritus Raymond D. Austin also wrote comments on the proposed legislation noting that there is a very small pool of individuals qualified to serve on the Supreme Court. Comments regarding proposed legislation for a referendum on electing judges and justices The Judicial Branch submitted public comment regarding Legislation No. 0154-15, a proposal for a referendum proposing to elect judges and justices of the Navajo Nation, in which the branch outlines its concerns on the politicization of the courts and the proposed changes to qualifications for both judges and justices. Associate Justice Emeritus Raymond D. Austin also wrote comments on the proposed legislation, including details on the history of the issue of electing judges on the Navajo Nation. See press release. Justice Emeritus Austin's public comment on Legislation No. 0103-15 Associate Justice Emeritus Raymond D. Austin submitted this public comment on Legislation No. 0103-15. Navajo Nation Supreme Court issues Permanent Writ of Superintending Control April 22, 2015: The Navajo Nation Supreme Court issued a Permanent Writ of Superintending Control in Wauneka v. Window Rock District Court and Concerning Former Members of the Navajo Nation Board of Election Supervisors as Navajo Voters, Real Party in Interest, No. SC-CV-23-15. Navajo Nation Supreme Court orders special election to proceed April 20, 2015: The Navajo Nation Supreme Court today ordered the special presidential election scheduled for April 21, 2015, to proceed. The order was issued following a hearing held in Edison Wauneka, Director, Navajo Election Administration v. Window Rock District Court and Concerning Former Members of the Navajo Nation Board of Election Supervisors as Navajo Voters, Real Party in Interest, No. SC-CV-23-15. The Navajo Election Administration filed a petition for writ of superintending control to set aside the April 17, 2015 Window Rock District order staying the April 21, 2015 general presidential election. The Supreme Court declared the Window Rock District Court order null and void. A detailed decision is forthcoming Window Rock District Court issues decision in WR-CV-70-15 April 17, 2015: The Window Rock District Court issued an Order Granting Petitioners' Petition for Permanent Injunctive Relief in WR-CV-70-15. Supreme Court issues Opinion Granting Clarification The Navajo Nation Supreme Court issued an Opinion Granting Clarification in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and the Navajo Election Administration., No. SC-CV-68-14. In this matter, the Department of Justice on behalf of the acting controller sought clarification on how to proceed to fund the special election consistent with Navajo Nation law after the acting controller was ordered to identify and transfer funds to the Navajo Election Administration to supplement and/or replenish its operating budget in order to fund the special election. The Department of Justice stated that the acting controller does not have unilateral authority to transfer funds without concurrence of the oversight legislative committee or the Navajo Nation Council under the Appropriations Act. The Court held that the Navajo Nation is legally obligated to expend funds to carry into effect the Election Code. As an exceptional relief, the Court further held its judgment is the type that can be funded by the Contingency Management Fund, from which payment is authorized to respond to any court order arising from lawsuits against the Navajo Nation. Supreme Court orders Navajo Election Administration to use funds to hold scheduled special general election In this order, the Navajo Nation Supreme Court orders the Navajo Election Administration to use its available operating funds to implement the special general election set for April 21, 2015, and for the acting controller of the Navajo Nation to immediately identify and transfer $317,000 to the NEA to supplement and/or replenish the funds. Both the director of the NEA and the acting controller are shielded from retaliatory action for complying with the order. The Court stated that the Navajo People are entitled to an election at the expense of their government and with the use of their public funds and that the Council cannot impede or otherwise obstruct the government's obligation in order to unilaterally change election laws in the midst of an ongoing election. The referendum election was not invalidated. Justice Days to be held at Judicial Districts April 1, 2015 is the 56th 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.
Justice Day gives the public an opportunity to visit the courts and to learn about how our justice system works. Judicial districts will be observing Justice Day with various activities that are open to the public.
The courts of the judicial districts will be holding Justice Day on the following dates and locations:
Public comment period on probationary District Court Judge Yazzie The Judicial Branch of the Navajo Nation is providing the public the opportunity to provide comment on the performance of probationary District Court Judge Victoria Yazzie. Comments may be emailed to Rosita Kelly, Human Resources Director, at rkelly@navajo-nsn.gov, or mailed to Judicial Branch of the Navajo Nation, Attention: Rosita Kelly, P.O. Box 520, Window Rock, Arizona, 86515. Only comments that pertain to the judge's judicatory function will be accepted. Anonymous comments will not be accepted. Comments must be received by the Judicial Branch by 4 p.m. on March 27, 2015. For more information, see announcement. Public comment period for probationary District Court Judge Livingston The Judicial Branch of the Navajo Nation is providing the public the opportunity to provide comment on the performance of probationary District Court Judge Leonard Livingston. Comments may be emailed to Rosita Kelly, Human Resources Director, at rkelly@navajo-nsn.gov, or mailed to Judicial Branch of the Navajo Nation, Attention: Rosita Kelly, P.O. Box 520, Window Rock, Arizona, 86515. Only comments that pertain to the judge's judicatory function will be accepted. Anonymous comments will not be accepted. Comments must be received by the Judicial Branch by 4 p.m. on March 27, 2015. For more information, see announcement. Navajo Nation Supreme Court schedules oral arguments for January 10, 2015 The Supreme Court has scheduled oral arguments for Jan. 10, 2015, to address a Petition for Clarifying Opinion filed by the Navajo Department of Justice in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and the Navajo Election Administration, No. SC-CV-68-14.Navajo Nation Supreme Court issues order granting Navajo Election Administration further time to conduct the special presidential election The Supreme Court issued an order granting a motion by the Navajo Election Administration to allow further time to conduct the special presidential election. The special presidential election shall be conducted no later than January 31, 2015.Navajo Nation Supreme Court orders and decisions issued in McLaughlin v. Begaye, No. SC-CV-80-14 December 4, 2014: The Supreme Court issued an opinion in McLaughlin v. Begaye, No. SC-CV-80-14, in which it sets a briefing schedule for filing of briefs by parties.December 15, 2014: The Supreme Court issued an order in which it states that it will forgo oral arguments and render a decision on the record. December 17, 2014: The Supreme Court issued its memorandum decision affirming the dismissal of the grievance by the Office of Hearings and Appeals on separate grounds that the OHA lacked subject matter jurisdiction. Supreme Court issues Opinion finding Navajo Board of Election Supervisors in Contempt The Navajo Nation Supreme Court has issued its Opinion in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No. SC-CV-68-14. The Board was held in indirect civil contempt and in violation of Navajo Election Laws. The Director of the NEA was not held in contempt because he agreed to carry out his administrative duties to comply with Navajo law. As a result, the presidential election shall be postponed, the ballots shall be reprinted and a Special Election for the Office of the President will be held within 60 days of November 4, 2014.Navajo Nation Supreme Court hearing to be streamed live The hearing for the Motion to Hold Respondents in Contempt of Court in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration and Concerning Christopher C. Deschene, Real Party in Interest, No. SC-CV-68-14, will be streamed live and will be available at the following web address: www.ustream.tv/channel/nnobsRequests for Proposals solicited for 2015 Navajo Nation Judicial Branch Annual Conference The Navajo Nation Purchasing Services Department is soliciting for sealed proposals and bids for the 2015 Navajo Nation Judicial Branch Annual Conference. Please see RFP for details. Requests for Proposals solicited to conduct classification and wage scale study The Navajo Nation Purchasing Services Department is soliciting for sealed proposals and bids to conduct a Comprehensive Classification and Wage Scale Study for the Navajo Nation Judicial Branch. Please see RFP for details.Supreme Court sets hearing dates Motion to Hold Respondents in Contempt of Courtin Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No. SC-CV-68-14. The hearing is scheduled for 10 a.m. on October 31, 2014, at the Chinle District Court. See order. The Supreme Court has also set hearings on October 31, 2014, at the Chinle District Court on costs and fees in SC-CV-57-14 and SC-CV-58-14 at 9 a.m., and in SC-CV-68-14, at 1 p.m.Supreme Court issues opinion in Petition for Writ of Mandamus The Supreme Court has issued an opinion in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration and Concerning Christopher C. Deschene, Real Party in Interest, No. SC-CV-68-14.Order of Dismissal issued The Supreme Court has issued an Order of Dismissal in Tsosie and Whitethorne v. Deschene, No. SC-CV-69-14. The Notice of Appeal is available here.Supreme Court hearing scheduled for Oct. 20, 2014 The Supreme Court has scheduled a hearing for October 20, 2014, at the Navajo Department of Transportation, Tse Bonito, N.M., at 1 p.m., for Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration and Concerning Christopher C. Deschene, Real Party in Interest, No. SC-CV-68-14. See order.
Petition for Writ of Mandamus filed A Petition for a Writ of Mandamus, in Tsosie and Whitethorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No. SC-CV-68-14, has been filed with the Navajo Nation Supreme Court. The petition is available here. Navajo Nation Supreme Court issues opinion in Tsosie/Whitethorne v. Deschene The Navajo Nation Supreme Court has issued its opinion in the consolidated appeals of Dale E. Tsosie v. Christopher C. Deschene, No. SC-CV-57-14, and Hank Whitethorne v. Christopher C. Deschene, SC-CV-58-14. The opinion is available here. Navajo Nation awarded $947,570 from U.S. DOJ The Navajo Nation has been awarded $974,570 through the Department of Justice Coordinated Tribal Assistance Solicitation for FY 2014. See press release. Navajo Nation Supreme Court remands Tsosie/Whitethorne v. Deschene to the Office of Hearings and Appeals Sept. 26, 2014--The Navajo Nation Supreme Court has issued an Order of Remand in Dale E. Tsosie v. Christopher C. Deschene, No. SC-CV-57-14, and Hank Whitethorne v. Christopher C. Deschene, No. SC-CV-58-14 (consolidated appeal). The Court reverses the decisions of the Office of Hearings and Appeals in dismissing appellants' grievances, and remands the matter be heard by the OHA within 5 business days. Navajo Nation Supreme Court schedules hearing Tsosie/Whitethorne v. Deschene The Navajo Nation Supreme Court has scheduled oral arguments in Dale E. Tsosie v. Christopher C. Deschene, No. SC-CV-57-14, and Hank Whitethorne v. Christopher Deschene, No. SC-CV-58-14 , to be held Sept. 26, 2014, at 9 a.m., at the Tuba City Judicial District Court Room No. 2, in Tuba City, Ariz.
On July 22, 2014, the Navajo Nation Supreme Court issued an Opinion and Order Denying Writ of Prohibition in Sahar Nouri v. Crownpoint Family Court and Concerning Kyle Dennison, No. SC-CV-41-14. The opinion concerns competing child custody actions filed by parents in Navajo and state courts. The decision affirms that the Nation has jurisdiction over Navajo children wherever they may reside, and further affirms that the Álchíní Bi Beehaz'áannii Act is not the basis for jurisdiction over privately filed family actions in which parents are legally capable of making decisions for their children. See press release. Supreme Court issues opinion in Navajo Nation Oil and Gas Company v. Window Rock District Court On June 20, 2014, the Navajo Nation Supreme Court issued an opinion clarifying its May 1, 2014 permanent writ of prohibition directed to the Window Rock District Court in Navajo Nation Oil and Gas Company v. Window Rock District Court and Robert Joe, Real Party in Interest, No. SC-CV-25-14. See press release.
This opinion
may be found
under "Supreme Court Opinions" below. Shiprock Judicial District hosting pro se clinic The Shiprock Judicial District is holding a pro se clinic on divorce action, April 1, 2014, from 1 p.m. to 5 p.m. The court will charge a photocopy fee for petition and instruction sheet. Please call (505) 368-1270 on Friday, March 28, 2014, for more information. Navajo Nation Judicial District Courts to hold Justice Day To mark the 55th anniversary of the Navajo court system on April 1, 2014, the Navajo Nation's judicial district courts will be holding Justice Day events on the following dates and at the respective locations:
Public hearings to be held by Law and Order Committee Public hearings for the performance evaluation of District Court Judge Cynthia Thompson are scheduled to be held March 11, 2014, at Chinle Chapter House, at 10 a.m. and on March 12, 2014, at Pinon Chapter House, at 10 a.m. For more information, click here. |