Navajo times. [volume], March 01, 1961, Page PAGE 5, Image 5

About Navajo times. [volume] (Window Rock, Ariz.) 1960-1984

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Chief Justice Reports
On Navajo Trial Court
Murray Lincoln, Chief Justice
of the Trial Court of the Navajo
Tribe, made the following six
months report to the Navajo Trib
al Council.
January 9, 1959, Navajo Tribal
Council by Resolution CFA-5-59,
laid the foundation for the pres
ent Navajo Tribal Court system.
In essence, this Resolution provid
es that the Chairman of the Na
vajo Tribal Council shall appoint
with the advice and consent of the
Navajo Tribal Council, the Chief
Justice and the Trial Juc’ges. The
Council Resolution further pro
vided that the Trial Court of the
Navajo Tribe shall consist of sev
en judges. In order to assure the
Navajo people that only highly
qualified and competent men
would serve as their judges, a
provision was included providing
for two years probationary terms
to be served by each of the judg
es. Permanent judges will be ap
pointed by the Chairman with the
advice and consent of the Navajo
Tribal Council, only after a judge
has satisfactorily served the re
quired two years probationary
period.
The Trial Court of the Navajo
Tribe, has been granted original
jurisdiction in four major fields
of law. In the field of crimes the
Court has jurisdiction over all
violations of the Law and Order
Code &f the Navajo Tribe com
mitted within its territorial juris
diction by Indians. In the field
of civil law, the court has jurs
diction of all civil action in which
the defendent is an Indian and is
found within its territorial juris
diction. The court also has juris
diction in all cases involving the
domestic relation of Reservation
Indians, such as divorces or adop
tion matters. And I'grthly, the
court has jurisdiction in all cases!
involving the descent and distri
bution of deceased Indians unre
stricted property found within the
territorial jurisdiction of the court.
The territorial jurisdiction of the
Trial Court of the Navajo Tribe,
embraces all land within the ex
terior boundary of the Navajo In
dian reservation. The writs and
orders of the Court which the
Court has power to issue extend
to all parts of the Navajo Indian
Reservation.
The following men were select
ed and assigned to the respective
Trial Courts of the Navajo Tribe.
Judge Virgil L. Kirk, SR., a
former Captain of the Navajo Trib
al Police Department, was appoint
ed to serve at the Judicial Dis
trict. of Fort Defiance, Arizona.
Judge Chester D. Hubbard, SR.,
a lay minister of the Presbyterian
Church, was also appointed to
serve at the Fort Defiance Judi
cial District.
Former Chief Justice of the
Navajo Court and Offenses. Till
man Hadley, and a Trial Judge
of wide experience, was assigned
temporarily to serve at the Tuba
City Judicial District.
At Shiprock, N.M., Judge Will
iam Yazzie, a former teacher at
the Albuquerque Indian School,
was appointed to serve as Trial
Judge.
For the Crownpoint, N.M., Judi
cial District, Judge Tom Beeenti.
a former employee of the Navajo
Furniture Industry at Gamerco,
was appointed to serve as Trial
Judge.
Judge Paul Tso, formerly with
the State of New Mexico Employ
ment Department, was appointed
to serve as Judge of Chinle Judi
cial District.
Chairman, Paul Jones selected
former Judge, Murray Lincoln, to
serve as Chief Justice of the Trial
Courts of the Navajo Tribe. Judge
Lincoln has many years of valu
able Judicary experience and is
able to lend a guiding hand to the
trial judges.
On July l, i 960, the newly ap
pointed Tiial Judges and the Chief
Judge began their duties. From
the period of July 1. 1960 to Dec.
31, 1960, this newly established
court system competently dispos
ed ol 5,694 criminal cases rang
ing all the way from the assault
to illicit cohabitation. The Court
also disposed of 166 civil cases.
A total $37,599.15 has been col
lected in fines and filing fees dur
this six months period, by the
Judges sitting in the five Judicial
Districts.
In each Juddicial District, there
has been assigned a Court Clerk
j and at the Judicial District of
Fort Defiance, because of the
heavy case load, two Court Clerks
have been assigned. It is the duty
of Court Clerks to handle the stag
gering amount of paper work in
volved in all of tnese court pro
ceedings. The clerk must inter
view litigants, prepare petitions
and orders, keep a court calen
dar, and in addition, collect and
account for all fines and fees, or
dered by the Judge.
At the Fort Defiance Judicial
District, Court Clerk Miss Loretta
Arviso, Mrs. Lena Tracy and Mr.
John Becendi have been assigned
to assist Judge Virgil Kirk and
Judge Chester D. Hubbard.
At Shiprock, New Mexico, Mrs.
Mary Lucy Joe has been appoint
ed Court Clerk to assist Judge
William Yazzie.
At Crownpoint, New Mexico.
Mrs. Alice Curley is Court Clerk
under Judge Tom Beeenti.
At Tuba City, Arizona, Court
Clerk Mrs. Ruby Charlie is cap
ably assisting Judge Tillman Had
ley. Joyce McClanahan has been
appointed Court Clerk to assist
Judge Paul Tso. Margaret Chich
arello has been appointed Chief
Clerk to serve in the office of
Chief Justice Murray Lincoln.
Serving as Chief Clerk during the
recent maternity leave of Margar
et Chicharello was Mrs. Lena
Tracy.
The Training Program of the
Judges and Clerks to the Navajo
Trial Courts during the past six
months has been limited to a great
extend because of the tremendous
work load facing the Courts. There
is also a great need for an at
torney to be assigned full time
to the Trial Courts to aid and
assist the Judges in their train
ing. Despite tne work load of the
Courts and the lack of full time
legal adviser the Training Pro
gram was able to continue as fol
lows:
1.
A three day Judges Conference
was held at The University of
Arizona, Tucson, Ariz., on June
22, 23, and 24, 1960. Al] the newly
appointed judges attended. The
conference gave the Judges the
basic understanding of Court
proceedings, the meaning of be
ing a judge and actual Court
Room demonstrations proved
most beneficial.
n
4b,
Mr. Spencer Johnston, Chief Le
gal Aid Adviser, gave a four
hour lecture to all the Judges
and discussed fundamental prob
lems of probate procedures on
July 28, 1960. This is an im
portant subject which Judges
must know and have a thorough
understanding in order to ren
der just decisions in such cases.
3.
On August 24, 1960, all the Jud
ges and Clerks were given an
aptiiude and a comprehensive
examination at the University of
New Mexico to determine the
level of training to be used in
the proposed training plan. Ac
cording to Dr. Zintz, the exam
iner, the Judges and Clerks all
showed good scholastic standing
although some ol the judges
have been out of classrooms for
more than twenty years,
4.
Mr. Lawrence Huerta was as
signed to the Judicial Branch
to assist the Chief Justice with
the training, planning, operation
and administration of the Nava
jo Judicial system but is no
longer with The Tribe as he
resigned October 1. 1960. While
still an employee of the Tribe,
Mr. Huerta assisted the Chief
Justice in obtaining various ma
terials on Court matters. At the
monthly Judges’ meeting he lec
tured on Court matters and ans
wered questions pertaining to the
Courts.
Although Mr. Huerta is no long
er with The Tribe, he is still
working with the Judicial Branch
on the Judicial Manuel. Along
with this, he was to conduct
training sessions with the Judg
es the last Saturday of each
month.
Since Mr. Huerta’s resignation.
Mr. John Doherty, Associate
Attorney, is temporarily assign
ed to assist the Chief Justice's
office and all the Judges. The
Judges often request assistance
with various Court matters such
as drawing up petitions and
orders in criminal and civil mat
ters and explanation of difficult
and unusual cases. Mr. Doherty
has been and is a great deal of
help although he has his own
workload to meet.
5.
On October 27, 1960, Mr. Walter
Wolf and Mr. James McCough.
Associate Attorneys gave four
hours of their time to review
the Criminal Code of the CFR,
Title 25 with all the Judges and
some of the Clerks. The pur
pose of this review was to fa
miliarize the Judges with the
code since it is important to j
know the elements of each!
crime.
6.
On December 29, 1960, Mr Jo
seph McPherson, Assistant Gen
eral Counsel, also gave four
hours of his time to explain the
use of the Criminal and Civil
Docket Books and the Judges’
Minute Book. The books are
now being used in all the Trial
Courts. Each Judge lias found
both books very useful and
handy, such as its easy acces
sibility in obtaining information,
encourages all Court personnel
to maintain current and accur
ate records of cases handled by
each Judge, as well as keeping a
more accurate record of court
fines collected on each case
daily, weekly and monthly.
Some of the Judges were able
to attend the following confer
ences and meetings which were
useful to broaden their thinking
and understanding of problems
of the Navajo people:
a. Two day Conference on Al-j
coholism at Window Rock.
Arizona.
b. Navajo-Hopi land dispute
hearing at Prescott, Ariz.
c. Two day Governor’s Safety
Congress in Albuquerque. N.
M.
d. Special hearings in Gallup
District Court (invitation of
Honorable Judge Frank
Zinn).
Although the training program I
h been somewhat limited to date i
the Judges are eager to learn and!
have acquired a great deal of val- 1
uable experience by questioning
Tribal Attorneys as individual
problems present themselves in
the handling of various cases.
MARCH, 1961 THE NAVAJO TIMES
Lions Organized
At Window Rock
The newly organized Window
Rock - Fort Defiance Lions club
held its first regular meeting last
night at Window Rock lodge.
Representatives of the sponsor
ing Gallup Lions club were
guests. They were Joe Rutar, Ger
ald Roberts, H. T. Wilson and
K. M. Duke.
Paul Jones chairman of the Na
bajo Tribal Council, was the speak
er.
Thirty-four members attended
the initial meeting and sponsors
of the new club said they expect
a total of 60 charter members.
Elected at the club’s organiza
Hospital Occupancy
Slated for March 15
U. S. Public Health Service of
ficials, in Gallup over the week
end, said they hope to be able to
occupy the new Gallup Indian hos
pital by March 15, for the purpose
of placing furnishings and instal
ing equipment.
They pointed out, however, that
the target date is merely a hope
and not official.
Federal inspectors, also here
last week, made a routine inspect
ion of the facility and it was re
ported that recommended correct
Ganado Teachers
Officers Election
By D. V. VANN
The teaching staff of the Gan
ado Elementary School voted on
their new Constitution March 2.
They also elected the following of
ficers: Mrs. Donna Stevens - pres
ident, Alvin Cooper - vice presi
dent, Miss Sarah Yoder - Secre
tary and Charles Supplee- treas
urer. The teachers also voted to
hold their next meeting March 14.
The Ganado Mission Book Club
members will meet tonight at the
home of Mr. and Mrs. Ressell
Whitla, Mr. Whitla will review—
“Aku AKU” by Thor Hererdahl.
The Kinlichee Chapterettes
Home Makers Club met Saturday
at Kinlichee School to view some
special movies related to home-
DENVER-CHICAGO
TRUCKING CO.
THE ONLY COAST TO
COAST CARRIER
GEORGE E. AMAYA
SOUTHWESTERN
DIVISION SUPER.
GALLUP, N.M.
tional meeting were David Wie
gand, Fort Defiance, president:
Mon tell C. Parks, Fort
secretary; Edward McCabe, Win
dow Rock, treasurer: Carson V.
Ryan. Fort Defiance, first vice
president, Arthur J. Hubbard,
Window Rock, second vice presi
dent; Chester D. Hubbard. Gan
ado, third vice president; Ned A.
Hatathli, Window Rock, tail
twister; George F. Sutton, Win
dow Rock, lion tamer; Father
Gale J. Grieshop, Fort Defiance;
Edward Mays. Window Rock, J.
Maurice McCabe, Window Rock
and Louis N. Shepherd, Window
Rock directors.
ions by the contractors will take
from two to four weeks.
The inspection was routine, hos
pital officials said, and was not
final.
Staffing of the hospital is pro
gressing on schedule, they report
ed , and housing, on a local basis
while not up to what the Public
Health Service had hoped, has
proven adequate for most of the
staff members already moved into
Gallup.
making and for children. Mrs.
Gracia Lincoln, Home Economist
lor the area, told about her re
cent workshop of Home Econo
mists in Holbrook and a sew ing
machine clinic held in Gallup.
Mrs. Lincoln showed a fine, neat
pair of child’s slacks which she
had cut out at the last meeting.
They were made from a ladies
skirt and were very attractive.
The women made plans for a*
Easter egg hunt and party at the
next meeting April 11.
BUTLER'S
EVERYTHING FOR
THE OFFICE
203 W. Coal GALLUP
PAGE 5