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navajotimes.com

Grant, Shirley given nod as new associate justices

By Bill Donovan
Special to the Times

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WINDOW ROCK, July 3, 2008

For the past five years, the Navajo Nation has been operating with a Supreme Court that has consisted, for the most part, of only one member - the chief justice.

But that may be a thing of the past as President Joe Shirley Jr. this week appointed two associate justices of the Supreme Court.

They are Dilkon District Court Judge Louise G. Grant and Crownpoint District Court Judge Eleanor Shirley.

Both still need to be confirmed by the Navajo Nation Council, which is expected to deal with the confirmations during the summer session, which begins July 21.

Chief Justice Herb Yazzie has had to rely on district court judges to step up on a case-by-case basis to hear Supreme Court appeals because of vacancies that have occurred in the past five years. During his annual meetings with local media, he has said that filling the vacancies has been one of his top priorities.

One of the problems the Judiciary Committee has faced has been a lack of candidates for the position with only a couple of people applying when the requests for applications were made public.

This time four names were sent to Shirley for consideration. The other two were Judy R. Apache, a paralegal, and Regina Holyan, an attorney who has been in private practice.

Neither Grant nor Shirley has a law degree but both have more than 15 years of experience in practicing law as tribal court advocates.



Grant has been the district court judge in Dilkon since 2004. She has 27 years of legal experience and holds a bachelor's degree from Northern Arizona University.

Shirley - who is no relation to the tribe's president - has been a district court judge in Crownpoint since 2006. She has 16 years of legal experience as a tribal court advocate and juvenile officer and 11 years experience as a legislative adviser for the council's Transportation and Community Development Committee. She hold a bachelor's degree from Fort Lewis College in Durango, Colo.

Joe Shirley said in appointment letters to the two that experience counts.

"It is evident that your past performance as a district judge, your many years of experience in the legal field and your comprehensive understanding of Diné custom and tradition that you possess the knowledge and skills necessary to serve as an associate justice of the Navajo Nation Supreme Court," he said.

Judcial branch spokesman Ed Martin said Grant and Eleanor Shirley will continue to serve as district court judges until they are confirmed by the tribal council.

He also said that his office will soon begin advertising for candidates for the two district judge positions that will be left vacant when the two move up as well as the vacancy that exists in Kayenta.

He said that while these are the district court positions that will be vacant, it will be up to Yazzie as to where to assign the judges since he may decide to transfer one of the other district court judges to replace either Grant or Elearnor Shirley.

As for Yazzie, Martin said the chief justice is "glad that the Navajo Nation is going to have a fully constituted Supreme Court."

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