Navajo Nation Judiciary Judiciary as key dynamic of

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Navajo Nation Judiciary

Navajo Nation Judiciary

Judiciary as key dynamic of Dine Governance Historical Background for the Navajo Nation Courts

Judiciary as key dynamic of Dine Governance Historical Background for the Navajo Nation Courts Navajo Nation Court Structure Qualifications for Judicial Appointment

Names and Terms dispute resolution Dine bibee haz’aanii (values) Court of Indian Offenses Peacemaker

Names and Terms dispute resolution Dine bibee haz’aanii (values) Court of Indian Offenses Peacemaker Courts Fundamental Laws judicial district courts Navajo Supreme Court hozhiji k’e nahoodleel (peacemaking) Navajo Bar Association Law and Order Committee

Judiciary as key dynamic of authentic Dine governance -fulfills the most traditional role of

Judiciary as key dynamic of authentic Dine governance -fulfills the most traditional role of Navajo governance = dispute resolving (adjudicatory) function -most directly absorbs traditional Dine values (Dine bibee haz’aanii) apart from colonial models -substancially practices three philosophical concepts: K’e (responsibility towards others), k’ei (kinship and clan duty), and hozho (harmony, balance, and peace). -clearly counters colonial charge of native inability of self-governance

Historical Background of the Navajo Nation Courts no traditional formal courts 1870 s Indian

Historical Background of the Navajo Nation Courts no traditional formal courts 1870 s Indian agents set up police forces and courts imposing colonial legal system 1892 Bureau of Indian Affairs set up Courts of Indian Offenses where agents picked three-judge panel 1959 law enforcement responsibilities taken up by the tribe; patterned after state courts to help resist state takeover (Trial Court, Court of Appeals) 1981 Peacemaker Courts were set up under direction of Chief Justice Nelson Mc. Cabe to integrate customary law into the courts 1985 Judicial Reform Act sets up Navajo Supreme Court and prioritized Navajo common law in all courts 2002 adoption of the Fundamental Law and the application of Dine bi beehaz’ aanii as Navajo legal guide

Navajo Nation Court Structure decisions are compiled in Navajo Reporter and the Indian Law

Navajo Nation Court Structure decisions are compiled in Navajo Reporter and the Indian Law Reporter -11 judicial districts with district and family courts: Alamo/Tohajilee. Chinle, Crownpoint, Dilkon, Aneth, Kayenta, Ramah, Shiprock, Tuba City, Dzil Yijiin, and Window Rock -jurisdiction over criminal offenses, traffic cases, and civil actions its is unclear of jurisdiction over the seven major crimes (murder, rape, arson) are fully tribal because of the US Minor Crimes Act (1885) -unclear about jurisdiction over non-Indians on Navajo land; Oliphant v. Squamish (1978) says no, Violence Against Women Act (2013) says yes -nonmember Natives can be prosecuted based on US v. Lara (2004) -Navajo Supreme Court handles appeals from the district courts, family courts, and administrative agencies -small claims courts handle civil matters

-Peacemaker Courts based on traditional mediation techniques practiced by Naataanii mutual respect for the

-Peacemaker Courts based on traditional mediation techniques practiced by Naataanii mutual respect for the mediator, teaching on religious and traditional values, and community concerns guide the process Fundamental Law resolves conflicts amicably to achieve hozhoji k’e nahoodleel (peacemaking) four elements: structure, enforcement, protection, and choice nearly 250 certified Peacemakers across the reservation

Navajo legal Institutions Navajo Nation Bar Association (NNBA) professional (self-regulating) organization of lawyers and

Navajo legal Institutions Navajo Nation Bar Association (NNBA) professional (self-regulating) organization of lawyers and lay legal advocates includes anyone who works in the Navajo legal institutions, Dine and non-Dine administer the Navajo Bar Exam Law and Order Committee formally charged to use the Fundamental Law to improve the administration of justice to serve Dine interests works cooperatively with Navajo courts, states and the federal government formally screens all judicial nominees for executive

Qualification for Judicial Appointment -30 years of age; non-felon; no criminal record in past

Qualification for Judicial Appointment -30 years of age; non-felon; no criminal record in past five years; associate degree (bachelor’s and law degree preferred); two years of legal experience -working knowledge of Navajo, state, federal law -knowledge of traditional Dine customary law; bilingual and knowledgeable of Fundamental Law; understanding of k’e and the clan system; understanding of traditional Navajo ceremonies and traditional lifestyle -written organizational and communication skills -tenure is good behavior until retirement (pleasure of the Navajo Nation Council); salaries set by the Law and Order Committee