High court dismisses McLaughlin appeal for another OHA hearing

Posted by Bill Donovan | Dec 5, 2014 | Election 2014 |

WINDOW ROCK

The Navajo Supreme Court Friday issued a decision dismissing an appeal filed by Myron McLaughlin trying to have another hearing before the Navajo Nation Office of Hearings and Appeals.

McLaughlin had field the appeal arguing that the hearing officer, Richie Nez, did not meet the requirements set by the tribe to hear the case because he was not a member of a state bar, which is required by tribal law.

The supreme court ruled, however, that a de facto judge, which Nez is, is not subject to attack in an appeals hearing and decisions of de facto judges are binding.

For that reason, the ruling rejected the challenge to Nez and said his decision was accepted as filed.

The court also issued a timetable for McLaughlin’s appeal of Nez’s decision upholding the right of Russell Begaye to run for tribal president.

McLaughlin has been directed to file his brief by Dec. 8 and Begaye by Dec. 12. The court indicated that it may make a ruling based solely on the appeals and not hold oral arguments.

If the supreme court rules in favor of Begaye, the fight over who should challenge Joe Shirley Jr. for the position of tribal president will be over and the Navajo election office will finally be able to set a date for the presidential election.

If the curt rules against Begaye, the court or the Navajo Nation Council will have to set up procedures to name another person to challenge Shirley.