$>upreme {[ourt P.O. Box 520 Window Rock, Arizona Telephone Fax

Transcription

1 JUDICIAL BRANCH OF THE NA VAJO NATION HERB YAZZIE ChiefJustice ofthe Navajo Nation Eleanor Shirley, Associate Justice Louise Grant, Associate Justice $>upreme {[ourt P.O. Box 520 Window Rock, Arizona Telephone Fax MEMORANDUM TO: FROM: Judges, Court Administrators, Judicial Hearing Officers, Staff Attorneys JUDICI BRANCH OF THE NAVAJO NATION / ~ DATE: December 11, 2008 SUBJECT: Adult Civil Traffic Infraction Hearings Hearings for civil traffic infraction cases presided by Judicial Hearing Officers have commenced, using a set of procedures developed by the judicial hearing officers themselves. The procedures distinguish adult civil infraction hearings from district court proceedings which are based substantially on Anglo law. In the development of the hearing process, the Judicial Branch has followed the policy of the Navajo Nation Council in using Dine Fundamental Law. A noticeable difference between these hearings and court actions is that you will not see prosecutors. Discussions between the Judicial Branch, the Office of the Chief Prosecutor, and the Attorney General have been extensive. The critical caseload and resource issues in the prosecutor's office was early on conveyed to us. With the mutual concurrence of the Judicial Branch, Attorney General and the OCP, prosecutors will be relieved of their duty to appear at or process civil traffic infraction cases involving drivers 18 years of age and older. As a result of prosecutors no longer being required, the new procedures must, by necessity, apply to all civil traffic infraction,hearings even in cases where the Judicial Hearing Officer is unavailable and a judge steps in. Please be aware of this need. The hearings will be rooted in Dine bi beenahaz'aanii principles of fundamental fairness. In civil traffic infraction hearings, individuals shall be given the opportunity to meaningfully participate, baa ytiti', and speak for themselves, tik'i hadoodzih. Communities will be able to

2 Memorandum to Judges, Court Administrators, Judicial Hearing Officers, Staff Attorneys Subject: Adult Civil Traffic Infraction Hearings December 11, 2008 Page 2 speak also. The matter will be considered carefully, baa je'ah6ntiago, and comprehensively, nti binahaazltio, in order that conduct will be confronted and made right, bee k'endzisdlii'. The basic beenahaz'aanii, k'e, will be given the highest value and will guide conduct in the proceedings, as in life. The principle of k'e in civil traffic infraction matters emphasizes not only the duties and obligations of individuals to their community, but also respect, solidarity, compassion and cooperation. Alternative punishments may be available to drivers upon proof of economic hardship or as otherwise required by Dine bi beenahaz'aanii. A major responsibility of the judicial hearing officers is to develop methods in which personal responsibility will be emphasized, but not always through monetary fines. 30-day Public Comment Period The new procedures require formal adoption by the Supreme Court. Before the Supreme Court will consider formal adoption, there must be a public comment period. The 30-day public comment period commences with the issuance of a press release shortly. District Courts are to provide copies of the procedures to the public upon request during the public comment period. The procedures may be found in.pdf format at the Judicial Branch website on the Adult Civil Traffic Infraction Program page. Revisions Revisions to the Judicial Hearing Officer Operations Provisions as recommended by the Judges Roundtable on October 24 have been fully accepted and may be found on the Administrative Offices of the Courts webpage. Recommendations for revisions to the Adult Civil Traffic Infraction Procedures were received through November 17. With the assistance of Judge Sloan and Judge Platero, the Judicial Hearing Officers have continued to work on the procedures based on all comments received. Revised procedures through December 10, 2008 may be found on the Adult Civil Traffic Infraction Program webpage. Orders to Show Cause and Civil Bench Warrants A question has been asked whether some courts may continue their practice of issuing Orders to Show Cause and civil bench warrants when civil traffic infraction tickets are not paid. A further question is whether these courts have been using such enforcement methods appropriately under the 7 NNC 255 power to issue "any writs or orders necessary and proper to the complete exercise of their jurisdiction." The Motor Vehicle Code does not appear to confer enforcement jurisdiction on the Navajo Nation Courts.

3 Memorandum to Judges, Court Administrators, Judicial Hearing Officers, Staff Attorneys Subject: Adult Civil Traffic Infraction Hearings December 11, 2008 Page 3 Staff Attorneys are hereby instructed to submit a joint memorandum recommending whether OSCs and civil bench warrants may be used in traffic infraction nonpayment cases and, if so, how they should be properly used. In the meantime, the district courts shall suspend the issuance of OSCs and civil bench warrants. Attachments: Memorandum from Louis Denetsosie, Attorney General Memorandum from Roger Shirley, Acting Chief Prosecutor cc: Louis Denetsosie, Attorney General Roger Shirley, Acting Chief Prosecutor Samson Cowboy, Executive Director, Division of Public Safety Steve Nelson, Chief of Police DISTRIBUTION

4 HARRISON TSOSIE DEPUTY ATTORNEY GENERAl MEMORANDUM TO: The Honorable Herb Yazzie Office of the Chief Justice -= ~ LoUiS"Denetsosie, Attorney General Office of the Attorney General FROM: -==:;~V\~~-====;::::==:====~"7 DATE: December 10, 2008 SUBJECT: Traffic Hearing Officers You have asked for an opinion from my office concerning the use of Traffic Hearing Officers to hear and resolve civil traffic infractions. Meanwhile, pending the issuance of that opinion, you have asked for interim guidance conce~ning the following two specific aspects of that program: 1. So long as Police Officers appear as witnesses rather than de facto prosecutors, it is clear that their participation in hearings before a Traffic Hearing Officer does not constitute the unauthorized practice of law, and is lawful in all respects. 2. It is not a violation of due process for a hearing to be conducted by a Hearing Officer who calls and questions witnesses, including a defendant, so long as the Hearing Officer takes pains to ensure that he or she is not acting as Prosecutor or Defense Counsel. Under those circumstances there is no need for a Prosecutor to play any role in a civil traffic hearing. I have instructed the Office of the Prosecutor accordingly. Thank you for the opportunity to comment on this innovative yet traditionally-based program. Please call me at your convenience if you have any additional concerns about this matter. LD/ P.O. Box Window Rock, P;z (928) FAX No. (928)

5 DEC :23 FROM:NN PROSECUTORS TO: THE NA :AJO'NATION OFFICE 0 THE CHIEF PROSECUTOR Roger Sl1irleY~Actjng Chief Prosecutor Post Office B 3779 Window Rock, Arizona Telephone (9 8) Fax (928) TO MEMORA DUM Senior Prosccutors! Prosecutors I Juv6nile Presenting OfIicers OFFICES OF TUE DISTRICT PROSfCUTOR FROM.~~=-... L... Chief Prosectitol F PROSECl)" OR DATE Decem Jer 10, 2008 SUBJECT ADULT CIVlL TRAFFIC INFRAC A,ttachcd are tl,e Navajo Nation DistTict Court Adult Civil T ffie Infraction (ACTI) Proctjdures pending fonnal adoption by the Navajo Nation Supreme Court. Please revi w and familiariz.e yourself with the procedl~res as the Supreme Court will adopt ACTI, several district hearint ofti,ce,ts werc hired fm thi5 ptijl)ose. When the police officers i~sues a civil trati'ic citation they can file them directly with the appropriate district bearing officers, who will handle all civil. adjudications. Pursutl,nt to 2 NNe 1971 et seq., effective December 15, 2(,08, you arc directed to support and assist with the implementation of this valued Judicial Adult Civil TralTi' Infraction Procedure, it will he a part of our responsibility, as stated in the procedures you are still respo ible to pro$ecute the criminai1rat1'ic infractions in the district comts. H. TRAFFIC INFRACTION HEARING 2, rnfractions and Misdemeanor Offen. cs in a Single Ticket. If a driver has been charged with bo infraction and misdemeanor offenses in a single traffic stop, the District Court may mbine and hear the infractions and misdtjmeanor otlenses according to the court rules arid prosccutot will be required. Should you have any questiuns, please contact me at 92&/ j Att.iH;hm(;nt(~): xc: Ilerb Yl1zzie, Chid'Justice I Judicial Branch Louis Dcnct"osic, AttomE:y General! OAG Harrison Tsosie, Deputy Attorney General I OAU 'Aal'bfll'(II, Willeto, ASO I NNOCP File Copy