FLAGSTAFF, Ariz. – A Navajo Nation judge has rejected a request by the tribe’s legislative leader to strike down a bill that placed him on paid administrative leave and chided lawmakers who walked out before a vote was taken.
The Navajo Nation Council stripped Speaker Johnny Naize of his administrative duties in April, months after he was charged with bribery and conspiracy in a criminal case. Naize challenged his colleagues’ decision, saying it was invalid and denied him due process.
Window Rock District Judge Carol Perry disagreed. She wrote in an order Friday that due process was afforded when the Tribal Council discussed a bill to remove Naize from the post in executive session. It was amended to place him on indefinite leave as a compromise, some lawmakers said, because Naize’s criminal case is pending in tribal court.
Nothing in Navajo statutory law speaks directly to placing the speaker on leave, but Perry said the council is able to draw from a traditional set of laws to balance its interest of having a speaker in good standing with the Navajo Nation as a whole.
Perry’s ruling can be appealed to the Navajo Nation Supreme Court.
In her eight-page ruling, Perry also said she was concerned that some lawmakers walked out of the council chambers without deciding on Naize’s future as speaker. She cited legislative history that states absenteeism is disrespectful. Lawmakers have a duty to represent their constituents and part on a positive note, she said.
Naize has denied wrongdoing in the criminal case. Prosecutors have accused him of engaging in a scheme to divert public money to the families of his colleagues in exchange for his family receiving tens of thousands of dollars.
