Staff Reports
WINDOW ROCK, Ariz. — The Navajo Nation Supreme Court has denied the Navajo Nation Assistant Attorney General’s Petition for Writ of Certiorari or Clarifying Opinion concerning the Budget and Finance Committee’s investigatory hearing on housing and related matters as of Aug. 10.
The Petitioners sought review by the Supreme Court of an Order from the Window Rock District Court (Cause No. WR-CV-49-26) involving the validity of legislative subpoenas issued regarding the BFC’s housing investigation. The Petitioners failed to attach the Order to their filing, a simple procedural requirement, and the Supreme Court denied the Petition on procedural grounds.
“We thank the Supreme Court for upholding the law,” BFC Chairwoman Shaandiin Parrish said. “The decision upholds sections of the Navajo Nation Code that recognize the Council’s standing committees’ statutory authority to hold quasi-judicial investigatory hearings to identify facts that support future systemic reform. This is critical at a time when the Navajo Nation needs stronger fiscal policies.”
The Assistant Attorneys General’s Petition to the Supreme Court followed the Window Rock District Court’s June 18 dismissal of their Petition for Extraordinary Writ asking the court two questions pertaining to the subpoenas issued to the witnesses being called to testify at the BFC investigatory hearing. District Court Judge Malcolm Begay determined that the district court lacks jurisdiction and authority to manage BFC proceedings or quash its warrants and that the request for an advisory opinion was improper for several reasons.
The Supreme Court didn’t rule on the specifics of the District Court order because the Assistant Attorneys General failed to attach a copy of the order to their petition as required by the Court’s rules of procedure.
According to Chief Legislative Counsel Michelle Espino, the Supreme Court finished its Order by stating that, “[n]o further action will be taken by this Court on this matter.” Espino said the Supreme Court’s order leaves no pending appellate action that would prevent the BFC from proceeding with its investigatory hearing.
While the Petition was pending, the Committee was unable to proceed with its investigatory hearings. As there are no pending judicial obstacles, the Budget and Finance Committee may proceed with its investigatory hearing.
The Office of Legislative Counsel will continue its effort to obtain enforcement of the Committee’s previously issued subpoenas through the Window Rock District Court.
