Navajo Nation Bar Association June 9, 2016 Judicial Conduct Commission Aadahwiint’99 d00 Nihwiit’aah Bik’7y11tih Yik’id4ez’9’7g77 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.)

History and Establishment In 1989, former Chief Justice Tom Tso promulgated Rules and Procedure to govern a “Judicial Conduct Commission” that would assist him in hearing complaints against justices and judges and recommend corrective or disciplinary action when necessary. In 2003, the Judicial Conduct Commission (JCC) was established, by statute, as an independent commission receiving administrative support and assistance from the Judicial Branch of the Navajo Nation. 7 N.N.C. § 421. Although dormant for several years sometime thereafter, the Commission had a re-organizational meeting in April 2016.

Meetings/Work Sessions Six (6) work sessions have been held with the primary purpose of developing a model of operation consistent with Diné Life Way. Commission Members Judicial Branch Staff, including Staff Attorneys, Human Resources and Judges Former Judges and Justices of the Navajo Nation Peacemaking Program Staff Members Law and Order Committee Members Medicine men and women Developed a Plan of Operation Revised the Rules and Procedures

Plan of Operations and Rules and Procedures The Judicial Conduct Commission proposed Plan of Operations and Rules and Procedures have been submitted to the Law and Order Committee. The legislation to approve each document has been drafted and will be introduced to the legislative process for approval by the Law and Order Committee.

Plan of Operation: Purposes Recognize that the leaders of the Judicial Branch (Aląąjį' Hashkééjí Nahat'á) shall uphold the values and principles of Diné bi beenahaz'áanii in the practice of peacemaking, obedience, discipline, punishment, interpreting laws and rendering decisions and judgments pursuant to 1 N.N.C. § 203(E). Enhance and earn public trust and confidence in the Navajo Nation Judiciary by providing education, cultural teachings, and expertise on the responsibilities and significance of ‘ánihwíí’ahii as naat’áanii in Navajo society. Educate the public that the Navajo Nation Judiciary plays a vital role in the protection, preservation, and maintenance of Navajo Nation sovereignty and nahat’á.

Plan of Operation: Purposes (cont’d) Provide a forum for fair and impartial dispute resolution and the interpretation of laws, rules and regulations in a manner consistent with the values, customs and traditions of Diné. Advise the Chief Justice of the Judicial Branch, when requested to do so, to ensure that judges continue to fulfill their duties and obligations as naat’áanii consistent with the goal of upholding, restoring and strengthening hózhó na’hoodeeł for Diné and those who have dealings with Diné.

Plan of Operation: Powers Provide public education on the role of the ‘ánihwíí’ahii as naat’áanii and its significance in Navajo society; Develop methodologies, tools and professional education for assessing and improving judicial performance; Engage in dialogue with justices and judges on the ethical standards and responsibilities of ‘ánihwíí’ahii as naat’áanii;

Plan of Operation: Powers (cont’d) Accept referrals from the Chief Justice or the Law and Order Committee when the law requires for the investigation of complaints or grievances against justices and judges, including probationary justices and judges; Make findings and recommend corrective action concerning justices and judges; and If the Commission concludes that a recommendation for suspension or removal of justice or judge is appropriate, such recommendation shall be conveyed to the Chief Justice and others consistent with applicable law.

Rules and Procedures Preamble developed by Peacemaking Program The importance of the role of a nataanii Traditional concepts of leadership, governance and discipline Accessibility by the public Transparency Strengthening the Judicial Branch and Navajo Nation justice system

Flow Chart

Future Role of JCC Working on proposing amendments to the Navajo Nation Code regarding the selection and appointment process. The Judicial Conduct Commission will have a role in educating the public on the judiciary and the role of judges.

JUDICIAL CONDUCT COMMISSION P.O. BOX 520 WINDOW ROCK, ARIZONA 86515 Ahe’hee JUDICIAL CONDUCT COMMISSION P.O. BOX 520 WINDOW ROCK, ARIZONA 86515