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10/14/2011 Gallup Independent: Law firm selected as special prosecutor

10/14/2011 Law firm selected as special prosecutor By Kathy Helms, Dine Bureau, Gallup Independent: WINDOW ROCK – The law firm that successfully prosecuted former Navajo Nation Chairman Peter MacDonald and other tribal officials 20 years ago has been named to succeed Alan Balaran as the Nation’s special prosecutor. Deputy Attorney General Dana Bobroff announced Thursday that the Special Division of Window Rock District Court appointed the nationally prominent Rothstein Law Firm to continue the investigations into Navajo Nation Council delegates’ use of discretionary funds, alleged crimes by tribal officials involved in contracts or payments to OnSat Network Communications and BCDS Manufacturing, the tribal ranch program and other matters assigned to the Special Division.

US News & World Report, in its 2010 ranking of “Best Law Firms,” gave the Rothstein Law Firm (Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu LLP) the highest possible ratings both nationally and regionally.

Though Bobroff was not at liberty to release the name of Balaran’s successor when asked Wednesday, she said she thought the Navajo people would be reassured by the Special Division’s choice.

The Rothstein Law Firm was the first firm ever retained by the Special Division as special prosecutor. Balaran was notified a little more than a month ago by the three-judge Special Division that his contract would not be renewed.

“Mr. Balaran has graciously agreed to assist with the transition of the special prosecutor cases prior to beginning his new assignment with the federal court,” Bobroff stated in the press release. Balaran received his sixth appointment in August to serve as U.S. District Court special master for victims of the 1983 Beirut Marine barracks bombing.

Asked Thursday about his successor, Balaran said, “The firm comes with a superlative reputation.”

The firm’s Richard W. Hughes and Eric N. Dahlstrom, both of whom have been members of the Navajo Nation Bar Association for at least 30 years, will lead the special prosecutor investigations.

Hughes, whose office is in Santa Fe, started the firm’s Indian law practice. Prior to becoming a partner in September 1988, he spent eight years in legal service on the Navajo Nation and was a lead attorney in the MacDonald prosecutions, according to the firm’s website. His areas of practice include Indian law and civil litigation.

Dalhstrom, whose office is in Tempe, was Navajo Nation Deputy Attorney General from 1987 through 1991 and has practiced Indian law for more than 30 years, representing tribes in Arizona and Wisconsin. His areas of practice include Indian law, natural resources and civil litigation.

“The Office of the Attorney General is fully supportive of the appointment of the Rothstein Law Firm and stays fully committed to the resolution of these matters pursuant to Navajo laws, principles and cultural values – which requires that those who are proven to have engaged in wrongdoing are held accountable,” Bobroff stated.

“The Office of the Attorney General has the utmost confidence in the Navajo Nation’s system of justice that those who have not engaged in wrongdoing will have their names cleared,” she said.

Nearly a year ago, on Oct. 20, 2010, former Navajo Nation Attorney General Louis Denetsosie announced that Balaran had filed criminal charges against more than 70 of the 88 delegates from the 21st Navajo Nation Council. The charges alleged conspiracy, fraud, forgery, abuse of office and theft of funds ranging from a low of $650 to a high of $279,175.

This past May, after being stymied in his efforts to prosecute the cases, Balaran filed a plan with the Navajo Nation Supreme Court to streamline the court process by withdrawing the outstanding criminal complaints without prejudice – meaning they can be refiled – against all but a few defendants.

In place of the criminal complaints, around the end of July Balaran filed a single civil complaint charging more than 80 current and former Navajo Nation officials with breach of fiduciary duty, including Denetsosie and current Attorney General Harrison Tsosie, who has formally delegated all his responsibilities concerning the special prosecutor to Bobroff.