Decision on Tsosie still out
Navajo Supreme Court to rule on senator's status as a delegate

By Sararesa Begay
Diné Bureau

TSE BONITO — No decision on New Mexico Sen. Leonard's appeal to the Navajo Nation Supreme Court was issued as of Wednesday night.

The hearing was scheduled for Wednesday afternoon at the Pueblo Pintado Chapter House.

During the morning, Tsosie supporters were scheduled to march beginning at Whitehorse Lake Chapter House, and ending at the Pueblo Pintado Chapter, according to Tsosie.

Tsosie is appealing a decision made by Marcella King, Navajo Nation Office of Hearings and Appeals Officer, that he can't serve as a state senator and as a council delegate at the same time.

He said he will use the argument that "Navajo people have a right to freely choose their leaders, as prescribed for by Din Fundamental Laws" in his appeal to the NNSC.

King released her decision Jan. 3 in the election grievance filed by delegate LaVern Wagner (Whitehorse Lake/Pueblo Pintado/Torreon) who wasn't returned to office by voters.

Unfair decision
Tsosie said he was "disappointed with her decision, but not surprised," and King made an "unfair decision" because she "did not understand the modesty of a tribal elder leader when he stated that he prefers not to be called 'an expert' and, on that basis, refused him to testify about the local customs or practices of my people at Whitehorse Lake/Pueblo Pintado and Torreon Chapters."

Wagner said her goal "is in protecting and preserving the Navajo people's interest and its government."

Tsosie secured a brief known as amicus curiae ("A friend of the court") to be filed. The amicus curiae representing Annette Brown is allowed by the NNSC.

He said Brown is a Torreon Chapter voter who works in Phoenix.

"She was going to represent others, but in the NNSC (for) legal reasons decided to have her represent herself only," Tsosie said. "(In her brief) , she attached a list of Navajo persons who wanted to be involved in the case as a 'friend of court.' Should be interesting."

'Great concern'
Brown's brief states that she submits the document "to help the Supreme Court of the Navajo Nation understand the perspective of a voter in the affected community."

"This matter has become one of great concern and discussion to the communities of the affected chapters since the grievant-appelle (LaVern Wagner) commenced her challenges to the election results and the decision of the Torreon, Whitehorse Lake (and) Pueblo Pintado registered voters," Brown's brief stated.

"This brief will attempt to speak for the one affected voters, but it also stands for the voices of other voters who rely on a member of the community to at least present their shared concerns to the court. As ordered by the court, this brief will provide a Navajo voter's perspective and not repeat the legal arguments presented by the parties in this matter."

The brief stated that "there are three issues relevant to this affected voter to assist the court in understanding the perspective of the voter," and asked the NNSC to overturn King's decision.

Brown's points are:

• First, it was with full awareness and knowledge that Leonard Tsosie is a Senator in the New Mexico legislature when I cast my vote in the primary and general Navajo Nation elections.
  
  
• Secondly, that the invalidation of my vote by a non-elected employee of the Navajo Nation is improper.
  
  
• Finally, that the Hearing Officer erred by not hearing the testimony of Frank Chee Willetto Sr.

"The voice of Navajo communities are heard through the adopted western practice of elections," Brown said in her brief. "Our traditional practice requires a person to demonstrate the leadership qualities of effectiveness and humility before the community will recognize that person as a leader. Should that person lost the respect of the community by acting poorly of becoming ineffective, the community will no longer recognize or respect that person as leader."

'Highly qualified'
She said that "this voter, and the voters of Whitehorse Lake, Pueblo Pintado and Torreon Chapters have selected Leonard Tsosie to represent us to the Navajo Nation council. Mr. Tsosie has shown himself to be a highly qualified leader who brings needed resources to our communities. It is with full knowledge and awareness of Mr. Tsosie's status as a New Mexico state senator that Mr. Tsosie received the most votes."

Lastly, Brown stated that she relied on the Navajo Election Board to certify Mr. Tsosie was eligible and qualified for her consideration.

"The hearing officers erred by not hearing the testimony of a long-standing community leader (Willetto), but rather preferred the testimony of witness not from our communities."

The case has turned into a clash between Title 2 and Title 11 laws, versus Din Fundamental Laws (Title 1) created by the Navajo people. The laws being used against we were created as part of the 1938 Rules for Navajo Tribal Council when the U.S. Department of Interior had almost total control of Navajo governmental operation, according to Tsosie.

Tsosie added that King is "the same hearing officer who said on Dec. 1 that she will rule against me if I insisted on hearing the case that day, and who threatened to prolong the case to February 2007 if I disqualify her."

"I have faith that the Navajo Nation Supreme Court will see the errs of the Hearing Officer and, eventually, rule for the rights of the Navajo people to freely choose their leaders," Tsosie said.

Tsosie is the only council delegate-elect not to be certified by the Navajo Board of Election Supervisors. Council delegates-elect took the oath of office on Jan. 9, 2007. Navajo Nation council is scheduled to go into session on Jan. 22, 2007.

Sararesa Begay can be reached at venisondine@hotmail.com or by calling 505-371-5443.