Judicial Conduct Commission Navajo Nation Bar Association June 9, 2016

Membership Hon. Robert Yazzie, Chief Justice (Ret.), Chairman Dr. Manley Begay, Vice Chairman Judy R. Apachee, Esq. Hon. Troy Eid, Esq., former U.S. Attorney Hon. William Thorne, Judge (Ret.)

Establishment of the Judicial Conduct Commission, 7 N.N.C. § 421 The Judicial Conduct Commission (JCC) is established as an independent commission receiving administrative support and assistance from the Judicial Branch of the Navajo Nation.

Purposes and powers of the JCC, 7 N.N.C. § 422 Enhance public confidence in the Navajo Nation Judiciary by providing a fair, impartial and expeditious forum to hear complaints and grievances against Navajo Nation Justices and Judges involving alleged violations of the Code of Judicial Conduct, personnel policies for Justices and Judges, and any other Navajo Nation laws or policies that set standards of ethics and conduct for Justices and Judges

Purposes and powers of the JCC, 7 N.N.C. § 422 Investigate or direct investigation of complaints Make findings and recommend sanctions Forward recommendations for suspension or removal of Justices or Judges to the LOC and to the Chief Justice

Purposes and powers of the JCC, 7 N.N.C. § 422, Continued Shall refer all complaints not properly before the JCC to the proper authorities, such as the Chief Prosecutor, the Ethics and Rules Office, or the Disciplinary Committee of the Navajo Nation Bar Association (NNBA) Shall develop and recommend its Plan of Operation, rules, policies and procedures, and operating budget, for approval by the LOC, the Budget and Finance Committee, and the Navajo Nation Council, (NNC) as necessary

Composition of the JCC, 7 N.N.C. § 423(A) Five members serving staggered four year terms 1 – retired or sitting federal or state court Justice or Judge in good standing in his or her respective jurisdiction, selected by the Justices and Judges of the Navajo Courts 1 – retired Navajo Nation Justice or Judge in good standing with the NNBA, selected by the Justices and Judges of the Navajo Courts

Composition of the JCC, 7 N.N.C. § 423(A) 2 – regular or inactive members of the NNBA in good standing with no pending disciplinary proceedings against them and who have not been formally reprimanded or suspended within four years prior to their selection, selected by the voting membership of the NNBA, and who shall not be a retired or removed Justice or Judge of the Navajo Courts 1 – member of the Navajo Nation public, selected by LOC, from among applicants submitting letters of interest and resumes to the LOC, cannot be a current member of the NNBA, nor a sitting retired, or removed Justice of Judge of the Navajo Courts

Meetings/work sessions Orientation/work session held February 11-12, 2016. Work session and organizational meeting held April 15-16, 2016. Received presentation by Peacemaking Program. Work session with 3 medicinemen and 1 medicinewoman held June 6, 2016. Work session and meeting held June 7, 2016. Work session with judges held June 8, 2016.

Work sessions Working on two documents Plan of Operations – required by Title 7 Rules and Procedures

Rules and Procedure Rules and Procedures were signed by Chief Justice Tom Tso in 1989. Needs to be updated.

Considerations by the Commission The importance of the role of a nataanii Traditional concepts of leadership, governance and discipline Accessibility by the public Transparency Preamble to be developed with assistance from Peacemaking Program Strengthening the Judicial Branch and Navajo Nation justice system