Council approves referendum on electing judges
By Noel Lyn Smith
Navajo Times
WINDOW ROCK, July 29, 2010
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Delegate Thomas Walker (Birdsprings/Leupp/Tolani Lake) sponsored the referendum bill, which the council discussed July 21 during the summer session. It passed 60-15.
"People requested this legislation and we will put it out in the general election that is coming up," Walker told the council. "Even though as a council we are empowered to make laws, the people are empowered to as well."
The Judicial Elections Referendum Act of 2010 asks voters to decide if district court judges and the Supreme Court should be elective positions. If voters approve it, the first election of judges would take place in the 2012 election for chapter officials.
Under current law, judges and justices go through a prolonged application process. Successful applicants are appointed to the bench by the president and confirmed by the council, in a process similar to the federal system. They serve for life unless they are removed for a reason or step down voluntarily.
Navajo Election Administration Director Edison Wauneka said Wednesday the referendum would appear on the Nov. 2 ballot.
"Without question, I feel it will be on the ballot," Wauneka said.
The referendum would need a simple majority to pass, unless otherwise specified in the legislation, he said.
According to the law, the council may refer referendum measures to the people.
The law also states that a referendum shall pass if a majority, or other identified amount greater than a majority, of all eligible registered voters who cast a vote, vote for the proposed measure.
The legislation had not been reviewed by President Joe Shirley Jr. as of press time Wednesday.
During the council's discussion last week, Leonard Tsosie (Pueblo Pintado/Torreon/Whitehorse Lake) questioned the motive for changing the existing system. He pointed out that the bill was drafted after the Supreme Court issued its May 28 opinion upholding the Dec. 15, 2009, election to reduce the council and said it could be viewed as retaliation against the court for its decision.
Tsosie, echoing the position on elective judgeships taken by most legal scholars and the American Bar Association, also questioned the ability to get qualified individuals to campaign for positions.
"Having served on the Judiciary Committee, we have a hard time getting judges under the current system," Tsosie said. "What are you going to do if you do not have qualified candidates applying to run?"
He added that the judicial branch has been honored by many organizations and is recognized as the leader among tribal legal systems.
"This will cause our flagship to sink," Tsosie said of the prospect of making the judiciary a political office.
Raymond Maxx (Coalmine Canyon/Tóh Nanees Dizí) echoed Tsosie's opinion that the bill was based on retaliation.
"The intent is to get away from politics but actually we're going straight into politics when we elect judges," he said.
In addition to that, Maxx worried that judges would start making decisions based on the amount of votes they can generate.
"Their boss should be the law, instead of the voters," Maxx said.
LoRenzo Bates (Upper Fruitland) and Lorenzo Curley (Houck/Lupton/Nahata Dziil) were concerned with the impact on the tribe's budget.
The legislation proposes salaries at $80,000 per year for judges, $90,000 per year for justices, and $100,000 per year for the chief justice.
"The salaries and costs of running our judicial system will increase," Curley said. "I would like to see how this would translate in terms of increase for the judicial branch budget."
Other parts of the government might have to be cut in order to pay for the additional cost, Curley said.
Bates said he would not support the measure because a budget impact analysis was not attached.
"The people need to know the financial impact on the Navajo Nation aside from everything else in here," he said.
Both Bates and Curley are members of the Budget and Finance Committee.
Kee Allen Begay (Many Farms/Round Rock), Kee Yazzie Mann (K'ai'bii'tó) and Edmund Yazzie (Thoreau) spoke in support of the legislation.
"If we are not happy with the judges' performance, then we'll have the power to do re-elections," Yazzie said.
Mann was critical of the current judicial system, stating in Navajo that the current judges do not respect tradition.
"They say the people are in charge and in control," Mann said. "This is a good way for them to show it."
Begay said the change would help fill positions on the bench.
"Right now, all we are saying is let's put this referendum to the people," Begay said.
(7.5 out of 10)
LET THE PEOPLE DECIDE committee
He is a public official and open to speculation and I have every right to express myself about him. It's my 1st Amendment!
but, no matter what navajo nation govt does, its still a structure made by nonNavajo people and represents nonNavajo interests,often against the welfare of navajo people.