Courts of the Navajo Nation in the Navajo Nation Government

Transcription

1 Courts of the Navajo Nation in the Navajo Nation Government A Public Guide to the Courts of the Navajo Nation Revised June 2009 Reprinted with the Permission of the Navajo Supreme Court 1

2 STRUCTURE The sovereign Navajo Nation has the authority to enact laws, apply its laws, and enforce its laws. The Navajo Nation Council enacts the laws; the Executive Branch executes those laws; and the Navajo Nation courts interpret and apply those laws. The Navajo Nation courts make up the Judicial Branch of the Navajo Nation. The Judicial Branch is one of the three branches of the Navajo Nation government. The other two branches are the Legislative Branch, made up of the Navajo Nation Council, and the Executive Branch, headed by the President of the Navajo Nation. The Judicial Branch is equal to the other two branches. The Navajo Nation operates a two-level court system: the trial courts and the Navajo Nation Supreme Court. Cases begin in the trial courts. Appeals of trial court decisions and quasi-judicial administrative bodies' decisions go to the Navajo Nation Supreme Court, which sits in Window Rock. Individuals have their rights protected and claims settled fairly in the Navajo Nation courts. The Navajo Nation courts handle over 75,000 cases per year. The Navajo Nation courts presently consist of ten judicial districts based on the use of Chapter boundaries. There is a District and Family Court in each judicial district. The judicial districts further support community-based peacemaking services. In 1988, judicial districts in the Navajo Nation had numbered seven Chinle, Crownpoint, Kayenta, Ramah, Shiprock, Tuba City, and Window Rock. The satellite courts of Alamo and To hajiilee, that had earlier been included in the Ramah Judicial District, became the distinct Alamo/Tó hajiilee Judicial District effective April 4, The Dilkon Judicial District was also added at that time. The tenth judicial district, Aneth, was created by the Judiciary Committee on August 10, 2007, serving the northern portion of the Navajo Nation. See Map of the Judicial Districts of the Navajo Nation, p The Navajo Nation judiciary has 3 appellate judges who sit on the Supreme Court. One appellate judge is the Chief Justice and two are 2

3 Associate Justices. Seventeen trial judges preside in the district and family courts, assisted by four Judicial Hearing Officers. There are 214 personnel to support the work of the justices, judges, and judicial hearing officers. In the judicial districts, the judges administer the courts through the court administrator. The Chief Justice supervises the judges and judicial hearing officers and heads the Judicial Branch. The Chief Justice directs the preparation of the budget, sets and implements policies, and oversees Judicial Branch operations. The Judicial Branch Personnel Rules and an Employee Code of Conduct apply to Judicial Branch employees who are not judges. Judicial Hearing Officers are further bound by the Navajo Nation Code of Judicial Conduct, specific operating provisions, and various court rules. Judges work within the bounds of Title 7 of the Navajo Nation Code, the Navajo Nation Code of Judicial Conduct, Judges' Personnel Rules, various court rules, and the Chief Justice's supervision. FUNDING The Judicial Branch provides services through annual appropriations from the Navajo Nation General Fund and the United States federal government. COURT INDEPENDENCE In 1958, to ensure that the Navajo Nation courts are free of political influence and bias, the Navajo Nation Council said, In order to give adequate authority to the judges, obtain the best qualified personnel for the courts and to remove the judges, in so far as possible, from the pressure of politics in making decisions and enforcing the law, it is essential that Navajo tribal judges hereafter be appointed rather than be elected. Navajo Tribal Council Resolution No. CO (October 16, 1958). JURISDICTION Jurisdiction is the power or authority of a court to review a case and 3

4 decide the issues. The Navajo Nation courts have general civil jurisdiction and limited criminal jurisdiction. Their civil jurisdiction covers all persons (Indian and non-indian) who reside in Navajo Indian Country or have caused an action to occur in Navajo Indian Country. Their criminal jurisdiction covers all crimes codified in the Navajo Nation Code along with its terms of punishment. The Navajo Nation courts have criminal jurisdiction over Indians and non-indians who have assumed tribal relations with Navajos. The Navajo Nation courts can sentence a person to a maximum of one year in jail or a $5,000 fine or both. The Navajo Nation family courts have exclusive jurisdiction over cases involving domestic relations, probate, adoption, paternity, custody, child support, guardianship, mental health commitments, mental and/or physical incompetence, name changes, and all matters arising under the Navajo Nation Children's Code. The Navajo Nation district courts have jurisdiction over all other cases, including land disputes. Civil traffic infractions involving individuals eighteen years of age and older are handled primarily by judicial hearing officers under the Adult Civil Traffic Infraction Program of the District Courts. The Navajo Nation Supreme Court has jurisdiction over appeals of final decisions of the trial courts and certain administrative agencies. It also has jurisdiction to issue special writs. Litigants can present their cases, without an attorney, to a district court using small claims rules. There are certain requirements for this procedure. (A court clerk can provide forms and information on use of small claims proceedings.) People can also use Navajo peacemaking to resolve their disputes. Peacemaking is extrajudicial and uses Navajo fundamental law in a community setting. The consensus decision of the participants is the culmination of collective decision-making whose goal is the achievement of hózhóji k é náhóodleel (peacemaking). The peacemaking agreement is the document that establishes hózhóji k é náhóodleel has been achieved. Generally, participants have chosen the traditional method over the courts and do not wish to be involved in formal court procedures. Peacemaking may be used to 4

5 resolve many issues including land use permits, validation of paternity and marriage, dissolution of marriage, correction of records, traditional adoption, guardianship, declaration of death, and probate. Peacemakers are also asked by judges to make sentencing recommendations and obtain participants' consensus regarding nályééh, a traditional Navajo value that is approximately explained by the English word "restitution." LAWS APPLIED The Navajo Nation Code contains a choice of law statue (7 N.N.C. 204). The courts of the Navajo Nation shall first apply applicable Navajo Nation statutory laws and regulations to resolve matters in dispute. The courts are required to utilize Diné bi beenahaz aanii (Navajo Fundamental Law, consisting of Traditional, Customary, Natural and Common Law) to guide the interpretation of Navajo Nation statutory laws and regulations. The courts shall also utilize Diné bi beenahaz aanii whenever Navajo Nation statutes or regulations are silent on matters in dispute before the courts. The courts shall apply federal laws or regulations as may be applicable. Any matters not addressed by Navajo Nation statutory laws and regulations, Diné bi beenahaz aanii or by applicable federal laws and regulations, may be decided according to comity with reference to the laws of the state in which the matter in dispute may have arisen. Diné bi beenahaz aanii are all the laws of the Navajo People, including the customs values, usages and statutory laws of the Navajo people. Lawyers and advocates regularly argue Diné bi beenahaz aanii before the Navajo courts. Diné bi beenahaz aanii is found in books and articles on Navajo culture, and in Navajo court opinions (found in the Navajo Reporter). Navajo elders and teachers of Navajo culture are also sources of Diné bi beenahaz aanii. Navajo Nation statutory laws are found in the Navajo Nation Code. Legal opinions of the Navajo Nation Supreme Court and of the trial courts are published in the Navajo Reporter. 5

6 The Fundamental Laws of the Navajo People and the Navajo Nation Bill of Rights require the Navajo Nation courts to safeguard the rights of individuals. One important right is the right to a jury trial. There are other rights guaranteed to people by these laws. COURT RULES The Navajo Nation courts have rules that govern proceedings in the courts. These rules contain rules of pleading, practice, and procedure. They are rules on criminal, civil, and appellate procedures, rules of evidence and rules for domestic violence and probate cases. SELECTION, APPOINTMENT AND REMOVAL OF JUDGES The Navajo Nation uses the appointment system in filling judge positions. In 1958, the Navajo Nation Council decided that hereafter Navajo tribal judges be appointed rather than be elected. Navajo Tribal Council Resolution No. CO (October 16, 1958). Judges must meet qualifications set forth in Title 7, Section 354 of the Navajo Nation Code. Judges must be Navajo, and they are selected on the basis of their legal education and experience, knowledge of Navajo customs and traditions, and ability to speak the Navajo language. Screening, interviewing, and selection of a panel of qualified applicants are done by the Judiciary Committee of the Navajo Nation Council. The Judiciary Committee then sends the names of the most qualified applicants to the President of the Navajo Nation, who appoints one person from the list to fill each vacancy. The President's appointee goes before the Navajo Nation Council for confirmation. Upon confirmation, the new judge serves a probationary term of two years. During the probationary term, the new judge must satisfactorily complete a course of training offered by the National Judicial College in Reno, Nevada, or the National Indian Justice Center in Petaluma, California. The new judge is evaluated periodically by the Chief Justice and the Judiciary Committee during the 6

7 probationary term. After successful completion of the probationary term, the new judge is recommended for permanent appointment by the Chief Justice, Judiciary Committee, and President of the Navajo Nation. The judge is then eligible for permanent appointment by the Navajo Nation Council. Probationary judges can be removed by the Navajo Nation President upon recommendation of the Judiciary Committee. Any permanent Navajo Nation judge can be removed from office for cause by a two-thirds vote of all members of the Navajo Nation Council. NAVAJO NATION CODE OF CONDUCT, PERSONNEL POLICIES AND JUDICIAL EVALUATIONS In 1991, the Navajo Nation judges voted to be bound by the Navajo Nation Code of Judicial Conduct, which is based extensively on Navajo cultural values. In 2003, the Judiciary Committee of the Navajo Nation Council approved Personnel Policies for Navajo Judges and Justices. These documents guide the conduct of the Navajo Nation judges and justices. A Judicial Conduct Commission reviews serious complaints of misconduct filed by the public against Navajo Nation judges and justices. The commission is independent of the Navajo Nation government. The commission can recommend removal of a judge or justice to the Chief Justice. The Chief Justice, as the supervisor of the Navajo Nation judges and judges, reviews minor complaints. The Navajo Nation judges and justices are evaluated yearly by members of the Navajo Nation Bar Association, the Judiciary Committee of the Navajo Nation Council, and the Chief Justice. A judge's judicial and administrative skills are evaluated. Some of the skills evaluated are independence in decision making, knowledge of the law, courtroom demeanor, and staff supervision. These 7

8 evaluations are used to identify the judge's weaknesses, which are then strengthened through training. COURT PRACTITIONERS Navajo Nation Bar Association (NNBA) membership is required to practice law in the Navajo Nation courts. To become a member, an applicant must have proper moral character and fitness, and pass an examination. There are over 400 members of the NNBA. The membership consists of attorneys (law school graduates) and lay advocates (non-law school graduates, but with legal training). (To obtain a list of the NNBA members, contact the NNBA office at telephone number (928) ) The NNBA has committees that operate the association. One committee is the disciplinary committee which hears complaints against lawyers and advocates and disciplines when necessary. If you need further information, call the NNBA office in Window Rock, Arizona. People can represent themselves in the Navajo Nation courts. In criminal cases, counsel can be appointed for a person if the person is unable to afford counsel and there is a possibility of incarceration. A form must be filled out to request a court appointed attorney. (Ask the judge immediately for appointment of counsel.) COURT WEBSITE.. 8