Tag Archives: Navajo Nation Department Of Justice

9/28/2011 Navajo Times: New special prosecutor to replace Balaran

9/28/2011 Navajo Times: New special prosecutor to replace Balaran By Bill Donovan, Special to the Times: A new special prosecutor for the Navajo Nation is expected to be named within the next 10 days. Dana Bobroff, deputy attorney general for the Navajo Nation’s Department of Justice, told Window Rock District Court Judge Carol Perry on Monday that the Special Division of Window Rock District Court overseeing the special prosecutor’s assignments was discussing the selection of someone to replace Alan Balaran.

Balaran was hired about 18 months ago by DOJ after members of the Navajo Nation Council decided that a special prosecutor was needed to investigate then President Joe Shirley Jr. because of alleged misconduct in two failed business deals that cost the tribe millions.

Then Attorney General Louis Denetsosie later asked the court to extend the scope of Balaran’s authority to include investigation into alleged misuse of tribal discretionary funds by Council members. Balaran would later file criminal cases against 77 of the 88 members then serving.

Most of the cases were later dropped in favor of civil suits against the same people, plus additional officials including Denetsosie, Shirley, and the tribe’s current attorney general, Harrison Tsosie, and the controller, Mark Grant.

Bobroff, who works for Tsosie, said she met with Special Division officials Monday morning but did not go into detail about what was discussed or whether the court will look in-house for the next special prosecutor or bring someone in from outside the tribe, as with Balaran.

Balaran’s last day is Friday, Sept. 30, but he said he is continuing to work on the cases up to the end, and is making arrangements so that when a new prosecutor is named, that person will be able to pick up where he left off.

9/28/2011 Navajo Times: Rehab fund spending report released

Rehab fund spending report released Report details how money intended for victims of the Bennett Freeze, in the Navajo-Hopi land dispute, was spent. 9/28/2011 Navajo Times: Rehab fund spending report release By Noel Lyn Smith: WINDOW ROCK: The Navajo Nation’s Department of Justice has finally produced a draft summary of the accounting record for the Navajo Rehabilitation Trust Fund. Nine months after being ordered to do so, DOJ submitted the document during a Sept. 21 hearing for the lawsuit filed by the Forgotten People and 12 other individuals who are suing the Navajo-Hopi Land Commission to learn how money has been spent from the fund, which was established by Congress to benefit residents of the former Bennett Freeze and Hopi Partitioned Land.

As their name suggests, the Forgotten People contend that the assistance their region was promised in the Navajo-Hopi Land Dispute settlement has failed to materialize, and they suspect the money may have been misspent.

Henry Howe, a DOJ attorney representing the Navajo-Hopi Land Commission, submitted an eight-page report that shows trust fund expenditures from 1990 to 2009 that went toward projects on the former Bennett Freeze area, New Lands, Navajo Partitioned Land and Hopi Partitioned Land.

The report also shows amounts Congress appropriated for land purchases and federal appropriation amounts from 1990 to 1995.

“This information provided to plaintiffs demonstrates good faith on behalf of the Navajo-Hopi Land Commission Office,” Howe said, speaking before a courtroom packed with spectators.

When plaintiffs filed their civil complaint in 2010, they asked for a full account of all income, expenses, profits, losses, assets and other financial matters for which the tribe, the Navajo-Hopi Land Commission and the Navajo-Hopi Land Commission Office have responsibility.

Window Rock District Court Judge T.J. Holgate asked Howe why it took months to produce the report after the court issued an order in January.

Howe explained that it took time to locate accounting documents and it was especially difficult for the office to locate the first five years of records.

Sitting with Howe were Navajo-Hopi Land Commission Chair Lorenzo Curley (Houck/Klagetoh/Nahata Dziil/Tsé si’án’/Wide Ruins) and Navajo-Hopi Land Commission Office Director Raymond Maxx and Deputy Director Thomas Benally.

James Zion, attorney for the Forgotten People, asked Holgate for time to examine the record since it was handed to him shortly before the hearing started.

Holgate granted Zion 30 days to review the document and to submit any written responses or questions.

The judge also ordered both parties to continue discussing the issue before the next hearing date in January.

In an impromptu meeting at Veterans Memorial Park after the hearing, Zion told the group that this was just a start.

“Today we had a victory for the Forgotten People,” Zion said to the group of about 30 people.

This document is a start in addressing the issue of when the money was received, how much was received and how it was spent, he said.

Forgotten People member Grace Smith Yellowhammer said it took a long time to obtain this financial record but the group will continue fighting until the issue is completely resolved.

“I want to see these elders win,” she said.