Navajo Nation Supreme Court Decides Election Law Dispute

Here is the opinion in Sandoval v. Navajo Election Administration.

The court’s syllabus:

The Supreme Court issues its opinion on reconsideration in this appeal of an OHA dismissal on an election grievance. The Court reverses the OHA and orders Leo Johnson disqualified as school board member of the Shiprock Associated Schools Inc. (SASI). The Court emphasizes the duties of the NEA and candidates when conditions concerning qualifications change before an election has taken place. The Court states that the qualifications statute for school board members specifically require mandatory enforcement throughout the term of office. The vacancy shall be filled by special election pursuant to 11 N.N.C.  § 143.

Navajo SCT Issues Two Opinions (on School District Elections and Family Law)

Here they are:

Mae Y. Sandoval v. Navajo Election Administration and Concerning Leo Johnson, Jr., Real Party in Interest. Opinion. Reversing the OHA, the Court finds that Dr. Leo Johnson was not qualified to run for school board member in the Shiprock Associated Schools,. Inc. (SASI) as he was an employee of that organization, which disqualified him from running. The election statute regarding sworn qualifications must be read as mandatory whether a challenge is raised before or after an election because an unqualified candidate may not hold elected office. (December 18. 2012).

Glenyal Bahe v. Adam Platero. Opinion. The Court affirms the Crownpoint Family Court’s dismissal of plaintiff’s child custody and support action concerning a Navajo family in deference to a previously filed action in the Bernalillo district court. The Court emphasizes that inherent tribal sovereignty provides Navajo courts with exclusive jurisdiction over matters concerning internal relations between tribal members, and that the courts must be watchful that they do not unnecessarily concede concurrent jurisdiction in such matters. Nevertheless, 7 NNC 253a(E) enables our courts to defer to another forum in the interest of substantial justice and in the spirit of comity. (December 20. 2012).