Controversial judge survives public hearing

PIÑON, Ariz.

In spite of testimony that she is seldom in her office, has allowed cases to become backlogged, renders critical decisions by phone and at least once presided over a case involving a family member, the Navajo Nation Council’s Law and Order Committee Tuesday recommended Dzil Yijiin Judicial District Judge Victoria Yazzie for a permanent appointment.

The vote was 2-0, with both council delegates Otto Tso (To’ Nanees’ Dizi’) and Raymond Smith Jr. (Houck/Klagetoh/Lupton/Nahata Dziil/Wide Ruins) voting to recommend Yazzie’s appointment.

Chairman Edmund Yazzie (Smith Lake/Iyanbito/Mariano Lake/Pinedale/Thoreau/Church Rock), as is customary, did not vote and the two other committee members, Kee Allen Begay Jr. (Low Mountain/Tachee-Blue Gap/Nazlini/Tselani-Cottonwood/Many Farms) and Jonathan Perry (Whiterock/Lake Valley/Nahodishgish/Tse’ii’ahi’/Becenti/Nageezi/Crownpoint/Huerfano) were not present.

Victoria Yazzie recently completed her two-and-a-half-year probation period, and the committee’s decision came after a public hearing in the Piñon Chapter House. The recommendation will go on to the full council, which has final determination over whether she will become a full-fledged district judge.

Of the 14 people who spoke at the hearing, only two spoke in favor of giving Yazzie the permanent appointment. Those opposing her appointment included three chapter officials and a tribal court advocate.

But acting Navajo Nation Chief Justice Eleanor Shirley told the committee there is no reason not to appoint Yazzie, as she has completed all the necessary training and received good marks in reviews from her superiors and peers.

Being a judge, noted Yazzie herself, “is not a popularity contest.”

It does, however, involve being in the office, argued several community members.

“She leaves,” said Jimmy Yellowhair. “Where does she go?”

Others charged that Yazzie often presides over her improvised courtroom in Whippoorwill, Ariz., by phone.

“You can’t see eye-to-eye a person to see who he is or what he is over the phone,” declared Harold Fulton, who identified himself as a local silversmith.

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