Council wants citizen input on making AG an elected position

The Navajo Nation Council would like public input on its own government reform plan.

On Wednesday the council voted 41-33 against a bill that would have made the attorney general an elected position, with delegates saying they need to hear how Navajos feel about the idea.

The council hinted it might even put the question into a ballot referendum so that voters could decide the question directly.

The bill required a supermajority of 59 votes in order to pass, because it would have amended the Navajo Nation Code.

Currently the attorney general is appointed by the president and confirmed by the council, which also can vote to remove the office holder with or without cause.

"It's up to the constituents to make that determination if they want to have this as an elected position," said Ervin Keeswood (Tsé Daa K'aan). "This should go to a referendum, at least public hearings in the communities."

The bill, as sponsored by Willie Tracey (Ganado/Kinlichee), would have allowed voters to select the attorney general, as is done in all four states surrounding the Navajo Nation.

The bill would require candidates to be at least 35 years old, have 10 years of law experience, and be certified to practice law in New Mexico, Arizona and Utah.

"Since 1989 there was an initiative to begin looking at reforming the Navajo Nation government with regard to the attorney general," Tracey said. "This is a move toward reforming our tribal government."

The AG would serve a four-year term under Tracey's bill.

However, delegates quickly voiced concerns.

An elected attorney general would have more freedom, meaning the three branches would lose at least some of the legal resources now available to them, some delegates worried.

"We depend highly on the attorney general to do work for us," said Lorenzo Curley (Houck/Lupton/Nahata Dziil). "If we make (the AG) an elected position, there's going to be a difference in policy, we won't have that control over policy direction."

Delegates were also concerned over the pool of candidates that the position might attract.

"In some cases, it ends up being a popular vote rather than (based on) knowledge and understanding of laws," said Harold Wauneka (Fort Defiance).

Wauneka was also concerned that the position could be undesirable "because of what the legislative body has done to the former attorney general," he said, apparently referring to the occasional clashes that have marked relations between the council and Denetsosie.

At one time there was a move within the council to fire Denetsosie, but it was quickly defeated by delegates who felt he'd done nothing to deserve termination.

Edward Jim (Greyhills/Newcomb/Sheepsprings) urged stricter qualifications for candidates, offering amendments to increase the minimum age to 45 and the minimum years of experience to 20.

"This is a very serious position," Jim said. "We need to make sure this position has good qualifications."

The council voted down his amendment, saying it would exclude a large pool of talented younger candidates.

It also declined to endorse an amendment proposed by Benjamin Curley (Ganado/Kinlichee) that would require candidates to be well versed in traditional Navajo creation stories.

"This would discriminate against our young people who do not have the proper background," said Jerry Bodie (Sanostee).

In the end, the council decided Tracey's bill could use more public input.

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