FLAGSTAFF, Ariz. (AP) — Hopi lawmakers have voted to suspend the tribe's appellate court, leaving tribal members without an avenue to dispute decisions of the lower court.
The Hopi Tribal Council voted 10-1 in favor of suspending Hopi Justice Fred Lomayesva and placing him on paid administrative leave this week. The council determined that Pro Tem Justices Patricia Sekaquaptewa and Justin Richland were not properly seated on the bench, because their appointments lacked confirmation by lawmakers.
The council contended the justices failed to act objectively and impartially in a case involving Tribal Chairman Ben Nuvamsa.
It's the latest move in what has been political chaos on the reservation, with supporters of Nuvamsa and of Vice Chairman Todd Honyaoma each accusing the other of trying to create a dictatorship on the northern Arizona reservation.
Court had overruled council decision on ouster
Less than a month after Nuvamsa was sworn into office in March 2007, the Tribal Council ousted him, saying he didn't meet the residency requirements. The appellate court later ruled the council's action unconstitutional.
Among other tribal officials ousted by the council were election board members, whom lawmakers contended didn't adequately address the residency issue. In September, the council fired the tribal prosecutor shortly after it voted to suspend Nuvamsa's authority as chairman at the request of religious leaders who said Nuvamsa had disrespected them. The council contended the prosecutor breached her contract by issuing a statement to the media.
Honyaoma gave the appellate court justices a heads-up that the Tribal Council would consider suspending them a day before the court was to take up a challenge by Nuvamsa regarding the legality of the resolution that suspended his authorities as chairman.
Court accused of fast-tracking critical cases
The appellate court earlier ruled to quash an arrest warrant for Nuvamsa that charged him with violating the resolution that called for him to turn over tribal property issued to him.
Ivan Sidney, who preceded Nuvamsa as chairman and now serves as a staff assistant to Honyaoma, said the appellate court should have let the trial court decide the matter and suggested it was fast-tracking Nuvamsa's cases when others have been pending for months or years.
"I think some people will view this as retaliation against Nuvamsa, but what do you do in this kind of case? Sit back and do nothing?" he said.
The Tribal Council removed the justices Wednesday as they took up a question from the village of Bacavi over whether Hopi villages have the right to remove their council representatives.