Chief justice reports on courts to LOC after complaints

WINDOW ROCK – Chief Justice JoAnn Jayne reported to the Law and Order Committee on the Navajo Nation courts and their caseload timeline.

Jayne’s report comes after the LOC received complaints that the Judicial Branch needs to report its state. LOC Chair Eugenia Charles-Newton said on March 25 that concerns were reported to the committee on probate cases, homesite leases, backlog of cases, and ARPA funding.

“This committee is constantly receiving complaints regarding what’s happening with the Judicial Branch,” Charles-Newton said, “which is why we asked you to come before us at this time to report to us.”

Karen Francis, the Judicial Branch’s acting administrative director, had reported to the LOC, but Charles-Newton said Francis could not provide answers.

Conundrum

The Judicial Branch filed a report to the Law and Order Committee, breaking down the 25,000 pending cases before the Navajo Nation courts for fiscal 2024: the first quarterly report from Oct. 1 to Dec. 31, 2023.

Although the number of cases is prevalently high, JoAnn Jayne said an initiative was in place to have the 18 district courts count the cases they have. After that, all the numbers were combined to see if they matched the amount in JustWare, a software for case management that the Judicial Branch uses.

As of February, Jayne indicated that 16,238 cases were reported in the JustWare system without Probation and Parole Services. She questions the number, and its accuracy, which is why the initiative plan was to have the 18 districts count within to see if it matched what was shown in JustWare.

Delegate Eugenia Charles-Newton asked why there are so many backlogged cases. Jayne mentioned a process change that is in various stages.

According to Jayne, the Judicial Branch is aware of the backlog of cases and probate cases involving homesite leases, and the process has arisen.

Charles-Newton said the LOC provided recommendations to the Judicial Branch to see if it would allow Peacemaking to push and assist with cases involving the Bureau of Indian Affairs.

She added that legally, BIA is still part of the process regarding probate cases regarding homesite leases.

Timeline, pending

Delegate Eugenia Charles-Newton asked what the timeline is with the pending cases, and she stated the reality of viewing the ARPA money: “There is no way that we’re able to spend that money.”

“This Council has been meeting weekly to discuss the funds that continue to exist,” Charles-Newton continued. “The funds that continue to sit in the division departments, business unit numbers, and chapters—we’re not seeing any of that money being spent.”

Charles-Newton has reiterated to the Law and Order Committee and the Council that they argue that the Navajo Nation cannot spend the ARPA money.

“We tried,” Charles-Newton said. Given the ARPA’s strict timeline, a suggested request was to “just give it to the people.”

Charles-Newton said there is a shortage of equipment and materials needed, and he needs to see the administration move faster to spend the money.

“We’re having to go back as a Council to look at the legislation to see how we can try to lift some of that red tape to make sure (these) case fundings are spent,” Charles-Newton said.

She implied that if the Judicial Branch could spend additional funding in two years, the LOC could move forward and ensure the request is met when the time comes.

JoAnn Jayne said the numbers regarding cases from all 18 district courts will need another look.

Karen Francis said she was able to compile numbers from the 18 districts’ shared data, but she stated they are time-consuming.

“They (districts) have to get the actual file and then compare it to what they have, make sure that all those documents are there, and check the status of each case,” Francis said. “You can imagine, one thousand or more cases, it takes quite a while.”
Jayne and Francis stated a follow-up report and expenditure plan will be provided to the LOC sometime soon.

Charles-Newton mentioned that Navajo Nation Bar members contacted the LOC to ask when they would be sworn in to practice law in the Navajo Nation.

“We (LOC) became aware of the incident that occurred back in November regarding the courts not moving forward to get these six bar members sworn in,” Charles-Newton said.

She added that the LOC constantly hears about the nationwide shortage of attorneys and requests that the six bar members be sworn in.

“These six individuals right now are not practicing on the Navajo Nation,” Charles-Newton said. “But they’ve been hired, and many of them are ready to leave because they’re not being sworn in, and they’re not practicing as licensed attorneys on the Navajo Nation.”

Charles-Newton asked Jayne for an update on the six bar members and when they will be sworn in.

Jayne said she could not answer that as it is a case with the Navajo Supreme Court and could not discuss it further.

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