RESOLUTION OF THE JUDICIAL CONFERENCE OFTHE NAVAJO NATION. Adopting Articles of Organization for the Judicial Conference of the Navajo Nation.

Transcription

1 ]B-AU RESOLUTION OF THE JUDICIAL CONFERENCE OFTHE NAVAJO NATION Adopting Articles of Organization for the Judicial Conference of the Navajo Nation. WHEREAS: 1. The Judicial Conference of the Navajo Nation has functioned for decades without written articles of organization; and 2. The enactment of the Indian Tribal Justice Act of 1993, with provisions to fund Indian nation judicial conferences, and contemporary initiatives to promote the dignity of Indian nation courts prompts more formal organization; and 3. Judges serving in courts have the inherent authority to organize to promote common interests and participate in policy development as a body; and 4. The attached "Articles of Organization of the Judicial Conference of the Navajo Nation" establish an organizational structure, functions, and procedures to improve the work of the Judicial Conference. NOW, THEREFORE, BE IT RESOLVED THAT: We, the justices and judges of the Courts of the Navajo Nation, acting on behalf of the Judicial Branch of the Navajo Nation as its judiciary, hereby adopt the attached Articles of Organization of the Judicial Conference of the Navajo Nation. CERTIFICATION We hereby certify that the foregoing resolution of the Navajo Nation Judicial Conference was duly adopted at a meeting at which a quorum was present, held at Holbrook, Arizona, on this 12th day of AUGUST, 1994, and that the same was adopted by a vote of 15 judges in favor, 0 opposed, and 0 absent or abstaining. Ref: 94RES05-F (08/12/94) 1

2 Hono Raymond D. Austin, Assoc. Justice Honorable Lorene Ferguson -- Honorable Loretta A. Morris Honorable Allen ~~1t-. Honorable Irene M. Toledo Ref: 94RES05-F (08/12/94) 2

3 JUDICIAL CONFERENCE OF THE NAVAJO NATION Articles of organization I. PREAMBLE The Judicial Branch and Courts of the Navajo Nation have, as the judiciary of the Navajo Nation, weighty obligations to preserve the integrity of the judicial process and to determine cases justly, promptly, effectively, and efficiently. A major judicial function is to establish standards for the public through judicial rulemaking, and to make policy for internal court operations. The Supreme Court of the Navajo Nation promulgates rules of pleading, practice, and procedure with the assistance of the trial judiciary. The Chief Justice of the Navajo Nation promulgates comprehensive internal policy pursuant to 7 N.T.C. 371 with the advice of the Navajo Nation justices and judges. Navajo common law is the law of preference of the Navajo Nation, and the Judicial Conference is dedicated to the goal of law reform which responds to the special situation of Navajos in their Navajo Nation. The Judicial Conference of the Navajo Nation has functioned for decades without an organizational document. Given the enactment of the Indian Tribal Justice Act of 1993 and contemporary initiatives to promote the dignity of Indian nation courts, these articles of association are designed to further promote the interests of the Navajo Nation through a formal body to develop judicial policy, advise the Navajo Nation Supreme Court and the Chief Justice, and carry out all necessary activities to implement the goals of the Courts of the Navajo Nation. II. CREATION The Judicial Conference of the Navajo Nation is hereby constituted as an official body of the Judicial Branch of the Navajo Nation and the Courts of the Navajo Nation. The Conference is established as an exercise of the inherent authority of the judiciary to organize as a body for a better exercise of judicial duties and functions. III. MEMBERSHIP All active justices and judges of the Courts of the Navajo Nation are members of the Judicial Conference of the Navajo Nation. The Chief Justice may invite retired justices and judges to participate 1

4 in conference activities, and they may be called to participate in conferences as nonvoting members. The JUdicial Conference may: IV. PURPOSES 1. Advise the Navajo Nation Supreme Court regarding judicial rulemaking, including recommendations for new rules, review of existing rules, advice regarding proposed rules, and the rulemaking process in general; 2. Advise the Chief Justice of the Navajo Nation regarding internal court policy, including procedure, case management, administration, and other policies of general application to the Judicial Branch; 3. Participate in the preparation of budgets, including the Navajo Nation general funds budget for the JUdicial Branch, federal budgets for ongoing court operations, and assessing budget needs for special projects, including grants; 4. Conduct seminars, conferences, and training programs for improved case management and judicial career development; 5. Conduct studies of court operations, planning, and other long-term court initiatives; 6. Apply for and receive funding under the Indian Tribal Justice Act of 1993 or any other source of available federal, state, or private funds, to achieve the purposes of these articles; 7. Take positions regarding federal, state, or private initiatives affecting courts; 8. Comment upon proposed Navajo Nation, federal, or state legislation or agency regulations having an impact on the work of the courts; 9. Participate in joint projects with judicial organizations, bar groups, or other courts; 10. Elect representatives to the National American Indian Court Judges Association and other organizations, and give direction to such representatives; and 11. Engage in any other activity appropriate for a judicial conference. 2

5 V. MEETINGS The Judicial Conference shall meet at least four times per year, at the call of the Chief Justice or upon the petition of at least twenty-five percent of all sitting justices and judges. The Chief Justice shall periodically survey the justices and judges to prepare an agenda, and the Chief Justice may assign responsibility for the presentation of agenda items by specific persons, commissions, or bodies. The Chief Justice, or a delegate, shall preside over meetings. Decisions of the Judicial Conference are by means of consensus or majority vote. VI. SECRETARIAT The Office of the Chief Justice shall serve as the secretariat of the Judicial Conference for purposes of meeting notice and coordination, support services, and the administration of programs of the Conference. The Office of the Solicitor shall, upon the call of the Conference, conduct research and advise regarding legal and policy issues. The Director of Judicial Administration shall conduct research and advise regarding administration issues. DATED this 12th day of August,