Navajo Nation

Materials in Navajo Nation, et al. v. Reagan – Voting Rights Litigation

Matthew Campbell

Here are the materials in Navajo Nation, et al. v. Reagan, et al. No. CV-18-08329-PCT-DWL (Ariz. D. Ct. 2019).

The Amended Complaint sought:

[D]eclaratory and injunctive relief, compelling the Defendants to (a) allow early voters who do not sign their ballot affidavit to have the same opportunity to cure the ballot deficiency that is provided to voters with a mismatched signature, (b) allow early voters who do not sign their ballot affidavit to have the same chance to cure their ballot as voters who vote by conditional provisional ballots, (c) provide translators certified as proficient in the Navajo language for all future early voting and election-day polling sites, (d) provide translation of instructions for casting an early ballot in Navajo over the radio for the 30 days leading up to an election, (e) establish additional in-person voter registration sites, and (f) establish additional early voting sites on the Reservation for all future elections that are open for consistent hours (at a minimum, each Monday through Friday from 8 a.m. until 6 p.m. with no interruption during the lunch hour) during the 30 days leading up to the election. This relief is sought on the grounds that failure to provide the requested relief is a denial of the equal right to vote.

The lawsuit was settled, and the Settlements can be seen here:

Federal Court Appoints Bob Yazzie and Troy Eid as Mediators in Barboan Trespass/Condemnation Action

Matthew L.M. Fletcher

Here is the order in Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

ORD Appting Co-Mdtrs (219)

Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Matthew L.M. Fletcher

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs.

Briefs here.

Transfer to Tribal Court Case from Colorado [ICWA]

Kate Fort

Here is a case that continues to demonstrate the importance of ensuring a state ICWA law allows transfer of cases post-termination. Navajo Nation intervened and appealed the decision to deny transfer (and to move the children back to the former, non-ICWA compliant foster home, who opposed the transfer to tribal court).

Additional important issues in this case including the appealability of a final order, standing of former foster parents (they had none), and post-termination transfer to tribal court.

We acknowledge that ICWA only addresses a request to
transfer jurisdiction during foster care placement and termination of parental rights proceedings. 25 U.S.C. § 1911(b). It does not mention such a request during preadoptive or adoptive placement proceedings. See id. Even so, the Children’s Code, as it existed at the time the juvenile court denied transfer, permits a juvenile court to consider transfer of jurisdiction to a tribal court “[i]n any of the cases identified in subsection (1) of this section involving an Indian child.” § 19-1-126(1), (4)(a). The cases identified in subsection (1) include “pre-adoptive and adoption proceedings.” § 19-1-126(1).

Federal Court Dismisses Title VII Suit against Shiprock Schools (tribally controlled school)

Matthew L.M. Fletcher

Here are the materials in Jim v. Shiprock Associated Schools (D.N.M.):

23-shiprock-schools-motion-for-summary.pdf

27-response.pdf

28-reply.pdf

34-dct-order.pdf

Supreme Court Denies Cert in Carter v. Washburn (Sweeney) [ICWA Class Action]

Kate Fort

Here is the order. Here is the case page.

This should be the end of this litigation (the original 2015 “Goldwater case”), as the Ninth Circuit vacated and remanded the case below to have it dismissed as moot.