Arizona Supreme Court's Chief and Vice Chief Justices visit NHO

FLAGSTAFF – As part of their visit to Flagstaff last week, Chief Justice Charles E. Jones and Vice Chief Justice Ruth V. McGregor made a point of visiting the offices of the Navajo Hopi Observer.

On the afternoon of April 20, Jones, McGregor along with staff members Tom Augherton and Dave Byers, participated in an informal discussion about Native American issues.

Jones explained that while the cases the court was to hear the following day had nothing to do with Native American issues, the court had selected two that they hoped might be of interest to the people here in Coconino County.

The Supreme Court, dating back to when the state was still a territory, was formalized with the signing of the Arizona State Constitution in 1912.

Admitting that not a lot of the cases the court hears involve tribal members specifically, McGregor said that they have heard quite a few involving tribal water rights.

“We have cases pending with the Gila and San Carlos tribes,” McGregor said. These cases have gone on for many years, and involve rights to the Gila River and tributaries of the Little Colorado River, Jones added.

“These are known as stream adjudications,” Jones said.

When asked how the justices were able to educate themselves in such complex issues of great magnitude, McGregor explained that the lawyers on all sides file numerous briefs.

“They are very knowledgeable. The first step is reading the arguments produced by the attorneys,” McGregor continued. “We do some of our own research as well.”

Part of her research into the stream adjudications included obtaining a large map of all of the rivers in Arizona from the Arizona Department of Water Resources.

“We have also a water master who hears these cases and who makes factual findings about them,” McGregor said.

She admits that it is a challenge for the justices to educate themselves sufficiently.

One of the obstacles to the Arizona Supreme Court having the ability to make changes in the justice system regarding Native Americans is tribal sovereignty, according to Jones.

“We have cases involving tribal jurisdiction, as well as state and federal jurisdiction,” Jones said. “Our court adopted a rule giving full affect to judgments from tribal courts, making their rulings enforceable.”

Another category of cases brought before the Supreme Court from reservations includes family law judgments in matters such as child support and adoption.

Augherton, who serves the court as intergovernmental/public information officer, cited the Indian Child Welfare Act as an important source of law guaranteeing a different standard of care in matters involving Native American children.

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