Tsosie told to make a choice

By Sararesa Begay
Diné Bureau

WINDOW ROCK — New Mexico State Senator Leonard Tsosie has to decide by Monday if he wants to be a council delegate or continue to serve in the New Mexico state legislature.

The Navajo Nation Supreme Court ruled Wednesday during a hearing at the Pueblo Pintado chapter house that Tsosie has to either continue to serve in the capacity as a state senator or resign to be the council delegate for Pueblo Pintado/Torreon/Whitehorse Lake chapters.

The oral arguments by the lawyers representing Tsosie and Tsosie's opponent LaVern Wagner were made before Chief Justice Herb Yazzie, Associate Justice Lorne Ferguson and appointed Associate Justice Allen Sloan before a standing-room only room with numerous Tsosie supporters waiting outside in the cold, according to Tsosie.

Regina Holyan of the Navajo Nation Department of Justice who represents the Navajo Election Administration was allowed to argue against Tsosie.

After some questions from the panel, the court finished and recessed for almost an hour and returned to render an oral decision, Tsosie said.

Today, the Supreme Court by a written order asked Tsosie to make a decision by Monday morning.

"The court did not say that they will strike the election laws that we argued to be in conflict with Din Fundamental Law," Tsosie said. "That is when I knew that Collier-era laws had survived another day. I was surprised by the decision ... It will be interesting to read their explanation."

He said the case of Navajo Nation presidential candidate, Vern Lee, is an example of how the NNSC ruled that he could run for tribal president despite a tribal law requiring candidates to reside on the Navajo reservation. That ruling indicates that Fundamental Din Law prevails over the election code, according to the court.

Tsosie added that he was "disappointed to no see the court go into the biases of the OHA hearing officer and also how Wagner did not follow the law in contesting my certification back in May 2006. But the good thing is that the Court put the OHA decision aside because now they are allowing me a choice."

The court's decision will be issued in written form in the coming days.

Tsosie has been a New Mexico state senator for 15 years.

Chief Justice Herb Yazzie presented the court's decision.

Tsosie said his next step is "to meet with and contact many of my supporters and constituents one (in) the next few days. I am worried about my constituency and voters and I will accommodate their interests. A decision will be made Monday after consulting with my constituency."

Tsosie didn't say which political position he'll choose. Some reports indicate he'll resign his state senator position and choose to represent Pueblo Pintado/Torreon/Whitehorse Lake.

"I would have to talk with the people," he explained. "I would also need to talk with the governor to see what he wants to do."

"I appreciate the overwhelming support from my constituents who traveled or marched many miles to be at the hearing and for them to endure the cold weather to wait around for a decision," Tsosie said. "We tried to feed them after the hearing."

Henry Howe, the attorney representing Tsosie's opponent, LaVern Wagner, said that unlike Lee's case, Tsosie signed his candidacy application and agreed to resign from his state senator position if elected to the tribal council.

Edison Wauneka, Navajo Election Administration director, said if Tsosie chooses to continue his position as a state senator, the NEA could declare a vacancy for the position during its special meeting Monday.

A special election would be scheduled to fill the vacant council delegate seat, Wauneka added.

The case turned into a clash between Title 2 and Title 11 laws, versus Din Fundamental Laws (Title 1) created by the Navajo people. The laws being used against we were created as part of the 1938 Rules for Navajo Tribal Council when the U.S. Department of Interior had almost total control of Navajo governmental operation, according to Tsosie.

Title 1 and 11 of the Navajo tribal code prohibits a council delegate from being employed or holding an elected office in a state or federal government.

Sararesa Begay can be reached at venisondine@hotmail.com or by calling 505-371-5443.