|
Flagstaff, Arizona (AP) Feb. 2010
The top lawyer for the Navajo Nation’s legislative branch can issue opinions, contract with outside attorneys and enforce election codes under a measure passed by tribal lawmakers.
The Tribal Council voted 67-6 in favor of the bill that turns over power reserved for the attorney general to the legislative counsel. Navajo President Joe Shirley Jr. has 10 days to veto or approve the measure once it reaches his desk, and at least one lawmaker said he’d be surprised if the president signs it.
Some lawmakers have been at odds with current Attorney General Louis Denetsosie over the years, and have tried to fire him numerous times because they disagreed with his positions. Recently, they lashed out at him for including the council’s use of discretionary funds as part of an investigation into allegations of illegal and unethical behavior by tribal government employees, including Shirley.
The bill’s sponsor, Katherine Benally, contended Denetsosie is biased toward lawmakers and said the legislative counsel would better represent them. One lawmaker compared the legislative counsel to a medicine man without jish, a sacred bundle of ceremonial items, and said the job cannot be done without the proper tools.
Benally’s bill amends the duties of the legislative counsel to also include applying for court orders to enforce subpoenas and applying for special prosecutors. It also places the legislative counsel on a list of people who must be advised when the Navajo Nation is being sued.
Key to the bill was allowing the legislative counsel to issue legal opinions, though some lawmakers questioned how conflicts created when the legislative counsel and attorney general issue dueling opinions would be resolved.
Delegate Kee Allen Begay, an outspoken opponent of Shirley, said he seriously doubted the president would sign the bill.
The council wrapped up its weeklong winter session held in the tribal capital of Window Rock during late January. Among other items passed was a 20-year $60 million loan to finance much-needed judicial and public safety facilities. The priorities are Tuba City and Crownpoint, N.M.
Federal stimulus funds and an increase in the tribe’s sales tax have provided some money for new buildings but not anywhere close to enough, officials said. A master plan once called for 13 projects, including courts, detention and a rehabilitation center at a cost of nearly $375 million.
Lawmakers also sought to clarify the judiciary branch’s use of a set of laws based on the tribe’s centuries-old values and customs. The council codified the Dine Fundamental Laws in 2002, but Delegate Raymond Joe claimed the laws have been abused and misinterpreted.
Lawmakers voted to amend the fundamental laws to state that they should continue to guide the Navajo way of life but do not supersede tribal laws or policies.
Under the measure, any dispute regarding the validity, application or interpretation of fundamental law will not be heard in Navajo courts but be resolved consensually through peacemaking.
|
Quote this article on your site
Comment on this Article
