Hopis remove chief judge
Fight during softball game cited as cause

By Kathy Helms
Staff Writer

KYKOTSMOVI, Ariz. — The Hopi Tribal Council met in special session Tuesday and voted 11-6-3 to terminate the employment of Hopi Tribal Court Chief Judge Gary LaRance for cause following his arrest April 14 on disorderly conduct and assault and battery charges.

LaRance's removal comes a day after Council voted 9-8 not to rescind a March 27 action item which nullified the election of Hopi Tribal Chairman Benjamin Nuvamsa, who Council alleged did not meet the two-year residency requirement mandated by the Hopi Constitution.

Representatives of the Village of Bacavi walked out of Monday's meeting, saying they had been instructed by the governor of Bacavi not to participate in the vote due to pending court action.

Nuvamsa filed suit in Hopi Tribal Court in April, alleging his removal was illegal. LaRance would have been the judge to hear the case.

Action
The action to remove LaRance was filed by Vice Chairman Todd Honyaoma Sr., who said the judge's removal was in accordance with procedures contained in Ordinance 21, Chapter 1, Section 1.5.1.

That particular section provides in part that appellate and trial judges may be removed for cause by the Hopi Tribal Council after a hearing before the Council on written charges delivered to the judge sought to be removed at least five days before the hearing.

Honyaoma said LaRance had had eight days to respond, but as of Tuesday had made no effort to do so.

LaRance argued that the charges against him, which stemmed from an April 14 incident at a Hopi High School girl's softball game, had yet to go to court, thus, he had not been convicted of any wrongdoing and Council had no cause to remove him.

LaRance was appointed in July 2002 by Council resolution.

Honyaoma said the cause to remove LaRance was a legislative matter and independent of the results of any future criminal proceedings in Hopi Tribal Court. In his capacity as Hopi vice chairman, Honyaoma said he is immediate supervisor of the tribal court and LaRance, and is thereby vested with the authority to request the judge's removal.

According to the statement of charges constituting cause for removal, it was alleged by local law enforcement officials that LaRance engaged in an altercation with Jacob Koopee Jr. in full public view at a girl's softball game between the Hopi High Bruins and Window Rock Scouts.

Altercation
The altercation and assault consisted of yelling and a physical fight, which reportedly caused both teams to lose concentration and resulted in spectators who witnessed the confrontation stepping in to break up the fight, the complaint states.

It was further alleged that LaRance grabbed Koopee from behind as he sat on the top bleachers watching the game, pulling him backward with such force that Koopee had to hold onto the bleachers with his feet in order to keep from being pulled off the bleachers and thrown to the ground.

LaRance then allegedly struck Koopee on the right cheek with a closed fist, causing swelling and bruises. Koopee also suffered swelling, pain and redness around his ankle area as a result of having to hold onto the bleachers with his feet, according to the statement.

The altercation occurred after Koopee allegedly made a remark about LaRance's daughter, who was pitching, according to spectators. LaRance was arrested later by the Hopi-BIA Police at the Hopi Tribal Court, where he had gone following the incident.

He was released from Keams Canyon Jail around 11 p.m. April 14 after signing an agreement to appear in court at 10 a.m. April 16. However, a motion to continue his arraignment, stamped at exactly 10 a.m. April 16, was filed with the court requesting an additional 14 days so that LaRance could hire an attorney to represent him.

Honyaoma said that he and LaRance are both members of the Hopi Tribe's Detention Steering Committee, and that on that date they were in Phoenix attending a meeting on Hopi Detention issues.

LaRance did not appear for his arraignment, leaving Judge Delfred Leslie no option but to deny LaRance s motion to continue and motion to disqualify the judge assigned to the case.

Instead, Judge Leslie issued a bench warrant for LaRance's arrest for failure to appear and set bail at $3,000.

Warrant
Police Officer Gibson Namoki served the warrant on Judge LaRance at 9:12 a.m. April 17. He was ordered released April 18 on his own recognizance, with the condition that he not have any contact with Koopee until final disposition of the case or until further orders are issued by the court.

LaRance is scheduled for arraignment at 1:30 p.m. May 7 in Hopi Tribal Court.

The statement of charges calling for removal of the judge, filed by Honyaoma, allege harm to the public trust in the Hopi judicial system.

Judges should maintain the dignity of their judicial offices at all times, whether in the office or on private time and avoid both impropriety and the appearance of impropriety in their professional and personal lives, according to the statement.

Judges of the Hopi Tribal Court should aspire at all times to conduct themselves in their public and private dealings in a manner that ensures the greatest possible public confidence in their independence, impartiality, integrity, and respect for the law.

"Judge LaRance has lost the trust and confidence of the Hopi public in his ability to act impartially in the furtherance of his judicial duties and to enforce the laws of the Hopi Tribe.

"The fact that Judge LaRance engaged in a public brawl and was thereafter arrested, incarcerated, and is now proceeding through the criminal court system as a defendant is alone sufficient cause for his immediate removal from his position as Chief Judge of the Hopi Tribal Court," Honyaoma stated.

The vice chairman said there is a public outcry among the Hopi concerning the extreme impropriety of an officer at the highest level of the Hopi judicial system engaging in conduct warranting his arrest, especially in a public place.

The obvious question in the minds of the public is how LaRance can continue to make decisions on criminal matters pending in the Hopi Tribal Court and sentence defendants when he himself has allegedly violated the laws of the tribe, Honyaoma said.

He added that LaRance has shown disregard and disrespect for the Hopi judicial system and brought embarrassment upon the Hopi Tribe as a result of the broad public knowledge of his conduct.

Voting in favor of Judge LaRance s removal were: Leon Koruh, Nita Talayumptewa, Phillip Quotchytewa, Cedric Kuwaninvaya, Anita Bahrimptewa, Clifford Qotsaquahu, Eugene Kaye, Lyman Polacca, Gary Hayah, Anna Silas and Archie Duwahoema.

Voting against the judge's removal were: Jack Harding Jr., Caleb Johnson, Alph Secakuku, Henry Seweyestewa, Alene Garcia and Diana Shebala. Abstaining were: Davis Fred Pecusa, Kingston Honahni Sr., and Alvin Chaca.