No. SC-CV OPINION

Similar documents
No. SC-CV NAVAJO NATION SUPREME COURT. Dean Haungooah, Petitioner, Delores Greyeyes, Director, Navajo Department of Corrections, Respondent.

No. SC-CY SUPREME COURT OF THE NAVAJO NATION. ERBY AP ACffiTO, Petitioner, NAVAJO NATION, Respondent. OPINION

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Navajo Nation, Office of the Prosecutor, Petitioner, Kayenta District Court, Respondent,

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Northern Edge Casino and The Navajo Nation, Petitioners, Window Rock District Court, Respondent,

CRIMINAL LAW: NUTS & BOLTS AKA: CRIMINAL DEFENSE FOR ATTORNEYS WHO PURPOSELY CHOSE NOT TO PRACTICE CRIMINAL LAW

IN THE JUDICIAL DISTRICT OF THE NAVAJO NATION JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. A.P., Minor Petitioner, Crownpoint Family Court, Respondent. OPINION

Civil Litigation in Navajo Courts. Patrick T. Mason Mason & Isaacson, P.A. Gallup, NM

SUPREME COURT OF THE NAVAJO NATION

No. SC-CR SUPREME COURT OF THE NAVAlO NATION. Aaron John Appellant,

Case 1:16-cv RB-WPL Document 12 Filed 05/08/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

No. SC-CV NAVAJO NATION SUPREME COURT. Kathleen Arviso, Petitioner/ Appellee, Norma Muskett, Respondent/ Appellant. OPINION

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. GWENDOLENE BEGAY, Appellant,

No. SC-CV ~tlh OCT 20 Al1 8: 51 IN THE SUPREME COURT OF THE NAVAJO NATION NAV AJO NATt I'N. Dale E. Tsosie and Hank Whitethorne, Petitioners,

FAMILY COURT OF THE NAVAJO NATION JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

Navajo Children s Code Rules of Procedure

No. SC-CV NAVAJO NAnON SUPREME COURT. Jimmy and Martina Begay, Respondents - Appellants, v. Lewis and Lorraine King, Petitioners- Appellees.

THE NAVAJO TREATY OF 1868 PAUL SPRUHAN NAVAJO DOJ

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Rivka Thomas-Pittman Petitioner-Appellant, Navajo Nation Respondent-Appellee.

Appeal from Shiprock District Court No. SR-CR

No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. Evelyn Acothley, et al. Petitioners,

No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. DALE TSOSIE AND HANK WHITETHORNE, Petitioners,

No. SC-CV SUPREME COURT OF THE NA'y AJO NATION

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Navajo Housing Authority, Petitioner-Appellant, Daniel Johns, et al., Respondents-Appellees.

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Dale Tsosie and Hank Whitethorne, Petitioners,

No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Cecelia R. Wauneka and Clara Bia-Kirk, Appellees,

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 98,716. STATE OF KANSAS, Appellee, MICHAEL HUGHES, Appellant. SYLLABUS BY THE COURT

Case 1:17-cv JCH-KRS Document 1 Filed 06/30/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Case 5:17-cr JLV Document 52 Filed 11/08/18 Page 1 of 10 PageID #: 227 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

No. SC-CV NAVAJO NATION SUPREME COURT. Terlyn Sherlock, Petitioner-Appellee, The Navajo Election Administration, Respondent-Appellant.

PROPOSED AGENDA OF THE 23 rd NAVAJO NATION COUNCIL. SPRING SESSION April 16-20, :00 AM

Case 1:17-cv JCH-SMV Document 1 Filed 12/27/17 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

ZOi5 BEFORE THE NAVAJO NATION SUPREME COURT

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

State v. Camper, September Term 2008, No. 82

No. SC-CV NAVAJO NATION SUPREME COURT. Mae Y. Sandoval, Appellant, Navajo Election Administration, Appellee, And Concerning:

Case 1:17-cv RB-KRS Document 1 Filed 06/15/17 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Petition for Writ of Certiorari Denied March 24, 1993 COUNSEL

No. SC-CV No. SC-CV SUPREME COURT OF THE NAVAJO NATION. Dale Tsosie, Petitioner/Appellant, Christopher Deschene, Respondent! Appellee.

Courts of the Navajo Nation in the Navajo Nation Government

Test Bank for Criminal Evidence Principles and Cases 8th Edition by Thomas J. Gardner and Terry M. Anderson

No. SC-CV IN THE SUPREME COURT OF THENAVAJONATIOl'iiPi OCT :20 Mil 8: 52. DALE TSOSIE AND HANK WHITETHORNE, ;, Petitioner!

)

{1;~t.~_ IN THE SUPREME COURT OF THE NAVAJO NATION

Supreme Court of Florida

Case 1:16-cv RB-WPL Document 1 Filed 12/27/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

) ) ) ) ) ) ) ) ) ) ) ) ) )

STATE OF OHIO ) CASE NO. CR ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LOUIS BAUER ) JOURNAL ENTRY ) Defendant. )

COURT RULES OF CRIMINAL PROCEDURE CHAPTER 12 TABLE OF CONTENTS

PROPOSED FINDINGS OF FACT AND RECOMMENDED DISPOSITION

SUPREME COURT OF THE NA V AlO NATION. Corrina Davis, Petitioner, Crownpoint Family Court, Navajo Nation, Respondent. OPINION

The supreme court affirms the court of appeal s decision to. reverse the district court s dismissal of the charges against

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Manifest injustice is that state of affairs when an inmate. comes to realize that his/her due process rights have been

No. SC-CV Veronica Wauneka, Appellee, v. Navajo Department of Law Enforcement Appellant. OPINION

IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. No In re: MARTIN MCNULTY,

LOCAL RULES CASE MANAGEMENT IN CIVIL CASES

An Introduction. to the. Federal Public Defender s Office. for the Districts of. South Dakota and North Dakota

Courts Outline Contents

Jeremy T. Bosler, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Real Party in Interest.

In the United States Court of Appeals

No. SC-CV NAVAJO NATION SUPREME COURT. Navajo Nation Oil and Gas Company, Petitioner, Window Rock District Court, Respondent, and

No. SC-CV IN THE SUPREME COURT OF THE NAVAJO NATION. In the Matter of Frank Seanez OPINION

State Habeas and Tribal Habeas: Identical or Fraternal Twins? By Barbara Creel and Veronica C. Gonzales-Zamora August 31, 2017

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA

Wright, Arthur, *Zarnoch, Robert A., (Retired, Specially Assigned),

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

Case 1:17-cv JB-KBM Document 1 Filed 12/22/17 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 1:17-cv RB-KRS Document 1 Filed 06/29/17 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

TITLE VI JUDICIAL REMEDIES CHAPTER 1 GENERAL PROVISIONS

IN THE SUPREME COURT OF THE UNITED STATES. No. A- UNITED STATES OF AMERICA, APPLICANT JICARILLA APACHE NATION

No. SC-CV SUPREME COURT OF THE NA V AJO NATION. Evelyn Meadows, Petitioner, The Navajo Nation Labor Commission, Respondent, And Concerning,

STATE OF MICHIGAN. Plaintiff, File No AW HON. PHILIP E. RODGERS, JR. Defendants. ORDER REINSTATING CASE AND GRANTING WRIT OF HABEAS CORPUS

Administrative Law Outline. Contents

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE Assigned on Briefs October 11, 2018

GDE G"E.^V ED. 0*q G/^^4 MAR QB 2091 CLERK OF COURT ISUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO. Case No vs-

IN THE SUPREME COURT OF FLORIDA. v. Case No. SC Lower Tribunal No. 2D

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) DECISION AND JOURNAL ENTRY

IN THE SUPREME COURT OF THE STATE OF OREGON (CC 02CR0019; SC S058431)

Part 1 Rules for the Continued Delivery of Services in Non- Capital Criminal and Non-Criminal Cases at the Trial Level

PRE-TRIAL PROCESSES INITIAL APPEARANCE. What you should know before you get started

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

Adkins, Moylan,* Thieme,* JJ.

THE STATE OF TEXAS, Appellant v. LEATHA DRY JOHNSON, Appellee. No COURT OF CRIMINAL APPEALS OF TEXAS. 821 S.W.2d 609

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

NC General Statutes - Chapter 15A Article 49 1

IN THE SUPREME COURT OF THE STATE OF HAWAI I. ---o0o--- HONOLULU POLICE DEPARTMENT, Petitioner, vs.

NOT DESIGNATED FOR PUBLICATION. Nos. 114, ,187 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. TERRY F. WALLING, Appellant,

IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA BONGANI CHARLES CALHOUN PETITIONER UNITED STATES OF AMERICA RESPONDENT

STATE OF MICHIGAN COURT OF APPEALS

Case: 1:13-cr Document #: 24 Filed: 04/14/14 Page 1 of 8 PageID #:108

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO. : O P I N I O N - vs - 4/26/2010 :

Implementation of Sections 904 and 908 of the Violence Against Women Reauthorization Act of 2013

IN THE SUPREME COURT OF FLORIDA. Petitioner, LOWER TRIBUNAL NO.:2D RESPONDENT'S BRIEF

Joey D. Moya, Clerk New Mexico Supreme Court P.O. Box 848 Santa Fe, New Mexico (fax)

Transcription:

No. SC-CV-61-04 SUPREME COURT OF THE NAVAJO NATION Carole Eriacho, Petitioner, v. Ramah District Court, Respondent, and concerning, Navajo Nation, Real Party in Interest OPINION Before FERGUSON, Acting Chief Justice, and BEDONIE, Associate Justice (by designation). Original proceeding for a writ of mandamus concerning Ramah District Court Cause Nos. RM-CR-O58-04 and RM-TCR-O30-04, the Honorable Wilson Yellowhair presiding. Bernadine Martin, Esq., Gallup, New Mexico, for Petitioner; Patrick Dooley, Esq., Crownpoint, Navajo Nation, for Respondent; and LaVonne Tsosie, Esq., Rarnah, Navajo Nation, for Real Party in Interest. Opinion delivered by FERGUSON. This Court previously issued an opinion on a preliminary matter in this case. We now decide the merits by granting the writ of mandamus against the Rarnah District Court to require it to grant a jury trial. I The relevant facts are as follows. Petitioner Eriacho (Eriacho) is a defendant in a pending criminal action in Ramah District Court. The court did not arraign Eriacho, but instead Eriacho signed a waiver of arraignment form provided by the Chief Prosecutor (Prosecutor) of the Ramah Office of the Prosecutor. According to the parties, Eriacho went to the Office of the Prosecutor and told the Prosecutor that she did not want to

appear at arraignment. The Prosecutor gave her a fonn apparently used by the Respondent Ramah District Court to record waivers of arraignment. Eriacho signed the fonn and submitted it to the Ramah District Court, which accepted the waiver. The fonn itself lists several rights of the defendant which correspond to the rights required to be read to the defendant at arraignment under Rule 12(c) of the Navajo Rules of Criminal Procedure (NRCP). Among these rights is the right to trial by jury. NRCP 12(c)(5)(vi). The fonn states that a defendant has a "right to a jury trial before the judge." Several months after waiving arraignment, Eriacho requested a jury trial. Eriacho signed her arraignment waiver on February 27, 2004. She first requested a jury trial on June 7, 2004. The Ramah District Court denied her request based on Rule 13(a) of the Navajo Rules of Criminal Procedure (NRCRP). That rule states that "[t]he defendant may demand a jury trial at the time of the arraignment or within 15 days thereafter or it will be deemed waived." After Eriacho requested and the Ramah District Court denied reconsideration of the original order, she filed a petition for a writ of mandamus. We issued an alternative writ staying the case, and requested briefs from the Ramah District Court and the Navajo Nation as Real Party in Interest. In a previous opinion we held that the Ramah District Court's staff attorney was the appropriate counsel for the Respondent in this case. We then held oral argument, and now issue this opinion. II The issue in this case is whether Petitioner waived her right to a jury trial by not requesting one within the time required by the Navajo Rules of Criminal Procedure. 2

III A We have jurisdiction to issue a writ of mandamus under our authority to issue "any writs or orders [n]ecessary and proper to the complete exercise of [our] jurisdiction." 7 N.N.C. 303(A). This Court will issue a writ of mandamus against a court to compel a judge to perform a judicial duty required by law, if there is no plain, speedy and adequate remedy at law. Duncan v. Shiprock District Court, No. SC-CV-51-04, slip op. at 3 (Nav. Sup. Ct. October 28,2004). The petitioner must show that (1) he or she has a legal right to have the particular act performed; (2) the judge has a legal duty to perform that act; and (3) the judge failed or neglected to perform the act. Id. Here the Ramah District Court already rejected Eriacho's motion for reconsideration, and denial of a jury trial is not a "final" order for appeal. Id. Therefore there is no plain, speedy and adequate remedy. The question is whether the court was required to grant a jury trial B Eriacho argues as a threshold issue that NRCRP 13(a) is invalid on its face because it improperly restricts her right to trial by jury recognized by the Navajo Bill of Rights and the Indian Civil Rights Act. A jury trial is a fundamental right in the Navajo Nation. A jury is a modem manifestation of the Navajo principle of participatory democracy in which the community talks out disputes and makes a collective decision. See Duncan, No. SC-CV -51-04, slip op. at 11. As a deeply-seeded part of Navajo collective identity, we construe restrictions on the right to a jury trial narrowly. Id. The Navajo Nation Council and the United States Congress have limited the right to a trial by jury by requiring a Navajo criminal defendant to affirmatively request one. The Navajo Bill of Rights provision states that "[n]o person accused of an offense 3

punishable by imprisonment...shall be denied the right, upon request, to a trial by jury of not less than six (6) persons." 1 N.N.C. 7 (emphasis added). The Indian Civil Rights Act similarly states that an Indian tribe shall not "deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons." 25 U.S.C. 1302(10) (emphasis added). Unlike the equivalent federal constitutional right under the Sixth Amendment, there is no automatic right to a trial by jury, as the defendant may waive the right by failing to request it. The initial question is whether Rule 13(a) improperly sets a time limit on the right to request a jury trial, or, at the very least, sets an unreasonably short time period in which to assert the right. A court rule may require a defendant to afflrlnatively request a jury trial within a specific time period. We have recognized the ability of a defendant to waive a fundamental right. Stanley v. Navajo Nation, 6 Nav. R. 284, 289 (1990). As a matter of due process, however, the waiver must be a "knowing, [and] intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences." Id. Rule 13(a) acts as a waiver of the defendant's right to request a jury trial by requiring the defendant to file his or her request within about two weeks after arraignment. The rule interprets the defendant's failure to act within the time period as an affirmative waiver. We see nothing in the Navajo Bill of Rights or the Indian Civil Rights Act that prohibits the courts from interpreting inaction within a specific period of time as a knowing and intelligent decision not to request a jury trial. Failure to act can be a waiver, and interpreting the failure to act after a certain time period to be a waiver is not prohibited. The time limitation serves important purposes that necessarily impact the right to request a jury trial. Both the Navajo Bill of Rights and the Indian Civil Rights Act require 4

an affirmative request based on the realities of tribal court practice. For the smooth and efficient management of the expanding dockets of the Navajo courts, there must be a time limit beyond which the right to a jury trial is deemed waived. The process to select a jury within the Navajo Nation is lengthy and costly for under-funded courts. See NRCRP 34-36. If the right to request a jury trial had no time limit, a defendant conceivably could request a jury in the middle of the trial, causing significant delay in the individual case, and considerable shifts in the court's calendar, pushing other cases back while the court selects and prepares the jury. Unlike civil litigants, criminal defendants have a separate right to a speedy trial that may be violated by such necessary delays. I N.N.C. 7; 25 U.S.C. 1302(6); see Navajo Nation v. McDonald, 7 Nav. R. 1, 11 (1992) (discussing speedy trial right). Also, as with other pre-trial requests, fairness to the other party to the litigation, both in civil and criminal cases, mandates that there be a smooth and predictable process leading up to trial. Under these reasons, the establishment of a time limit to assert a jury trial is not, in itself, improper. The specific time period, fifteen (15) days from arraignment, is not unreasonably short. While this time period is shorter than the time period provided civil litigants, see Navajo Rules of Civil Procedure 38(b) (allowing request up to time the court issues notice of hearing), it is not too short given the right to a speedy criminal trial and the other considerations discussed above. The rule allows a full two weeks from arraignment (or its functional equivalent) to submit a request, giving the defendant ample time to consider his or her options and inform the court of his or her election of a trial by jury. The only remaining question is whether Eriacho's waiver in this case was otherwise "knowing and intelligent." 5

C As discussed above, as a matter of due process, a defendant's waiver of a fundamental right such as the right to a jury trial must be "knowing and intelligent." This test comes from the U.S. Supreme Court's interpretation of the equivalent right to due process under the United States Constitution. See Stanley, 6 Nav. R. at 289 (quoting Brady v. United States, 397 U.S. 742, 748 (1970)). Though we originally adopted that standard without reference to Navajo Common Law, we reiterate that standard as consistent with Navajo principles of due process under the Navajo Bill of Rights. 1 We expand on our previous statement in Stanley by requiring meaningful notice and explanation of the right to request a jury trial before we will recognize the failure to request the jury trial as "knowing and intelligent." In Navajo Nation v. Rodriguez we recently interpreted a similar waiver of fundamental rights under Navajo Common Law. No. SC-CR-03-04, slip op. at 6-10 (Nav. Sup. Ct. December 16,2004). We adopted the federal Miranda standard as consistent with the Common Law interpretation of the Navajo Bill of Rights to judge the validity of a waiver of the right against selfincrimination and an attorney while in police custody. Id. at 8-9. However, we broadened the requirements under Navajo law by requiring meaningful notice and explanation of those rights under the Common Law principle of hozho 'go. Id. at 9-11. I Though in certain cases we have discussed due process in light of Navajo Common Law, see Attcity v. District Court for the Judicial District of Window Rock, 7 Nav. R. 227, 229-230 (1996)(discussing cases); In re Estate of Goldtooth Begay #2, 7 Nav. R. 29, 31 (1992)("Due process is fundamental fairness in a Navajo cultural context."), in other cases, such as Stanley, we have adopted federal principles directly. In light of our recent case law interpreting ambiguous statutory language in light of Diyin N ohookaa Dine' e Bi Beehaz'aanii (Navajo Common Law), Tso v. Navajo Housing Authority, No. SC-CV-10-02, slip op. at 9 (Nav. Sup. Ct. August 26, 2004), we review the meaning of "due process" in the Navajo Bill of Rights consistent with Navajo Common Law principles. See Fort Defiance Housing Corp. v. Lowe, No. SC-CV- 32-03, slip op. at 3 (Nav. Sup. Ct. April ]2,2004) (interpreting forcible entry and detainer statute consistent with due process as informed by Common Law principle of k'e). This means that we are not bound to follow previous case law that applies federal standards to our Bill of Rights without consideration of Common Law, but may review the question again in light of Navajo principles. However, we still consider federal approaches to the problem, particularly when the use of non-traditional devices such as courts, police, and jails are at issue. Rodriguez, No. SC-CR-03-04, slip op. at 8. 6

We interpreted hozho'go as mandating more than the mere provision of an English form stating certain rights. Id. We stated that Hozho'go requires a patient, respectful discussion with a suspect explaining his or her rights before a waiver is effective. Id. at 10-11. As Hozho'go requires meaningful notice and explanation of a right before a waiver of that right is effective, it requires, at a bare minimum, that the Nation give notice that the right to a jury trial may be waived by inaction. For notice to be meaningful, and therefore a waiver to be effective, the Navajo government must explain to the defendant that the jury trial right is not absolute, as it may be waived by doing nothing within a certain time. Absent this explanation, the information received by a defendant is incomplete, as it appears the right is automatic and perpetual, like the federal constitutional right. Without this information, the waiver by inaction is not truly knowing and intelligent, and would violate the defendant's right to due process.2 As the description of the right to jury trial in the waiver of arraignment form does not include a statement that the right must be exercised within fifteen days, Eriacho's failure to request it within that time was not a knowing and intelligent waiver.3 At oral argument the Ramah District Court asserted that any requirement of notice of the time period would create a "slippery slope" by forcing a court to give notice to 2 At oral argument, the Ramah District Court suggested that an explanation of the right to a jury trial was not necessary due to Ms. Eriacho's income, while the Navajo Nation separately suggested one was not necessary due to Eriacho's apparent education level. We reject any rule that conditions the respectful explanation of rights under Navajo due process on subjective assumptions concerning the defendant. This right exists for all defendants in our system. 3 We note additional concerns in the process by which Eriacho waived her arraignment. At oral argument both sides discussed how the waiver came about at the Office of the Prosecutor. There was no record created by the Ramah District Court or the Office of the Prosecutor to show what Eriacho was told in addition to the defective form. As an analysis of the appropriateness of the use of arraignment waivers distributed by prosecutors and later approved by the court is not necessary to this case, we reserve comment until properly before this Court. We also reserve any question of whether the information communicated by the Prosecutor was otherwise sufficient under hozho'go, see Rodriguez, No. SC-CR-03-04, slip op. at 10-11, because the lack of any written information on the effect of a failure to request a jury trial within the time period itself rendered any waiver ineffective. 7

defendants of all procedural requirements in the Rules of Criminal Procedure. Further, according to Respondent, any notice requirement would force a district court to improperly act as the defendant's counsel at arraignment. We do not see our ruling today to apply to all time limits in the rules. Unlike mere procedural requests, the waiver of a trial by jury involves a fundamental right of the defendant requiring knowing and intelligent action to be effective under Navajo due process. Other lesser tactical decisions involve no such right, and, consequently, require no affirmative notice by the court. Further, the additional requirement that the defendant be informed of the time limit involves no improper legal "advice," but merely accurately states the full scope of the right to a jury trial within the Navajo Nation to make sure any waiver is truly "knowing and intelligent." The addition of several more words in an arraignment or its functional equivalent should cause no great burden on the court. IV Based on the above, Eriacho did not waive her right to a jury trial, and the Ramah District Court improperly denied her request. We therefore issue a permanent writ of mandamus requiring the court to grant Eriacho's request and hold a jury trial in this case. Dated this ~ day of January, 2005. ""--c:~::::::::::::::~::::= ~ Chief Justice f~~~ ~ 8