LaRance files complaint
14-count complaint filed against Hopi Tribal Council

By Kathy Helms
Staff Writer

KEAMS CANYON, Ariz. — Former Hopi Tribal Court Chief Judge Gary LaRance has filed a complaint against the Hopi Tribal Council and 12 members who voted May 1 to terminate his employment as chief judge "for cause."

LaRance filed the 14-count complaint Monday in Hopi Tribal Court alleging that the action item approved by council to remove him violated the due process of law clause under the Indian Civil Rights Act. The former chief judge is facing charges of disorderly conduct and assault and battery following an April 14 altercation.

LaRance said he entered into a written employment contract Nov. 9, 2000, with the tribe and was appointed and hired as chief judge. He is alleging that on May 1, the council and the 12 defendants did not provide him with proper written notice of the charges and conduct which he is accused of violating, nor did they provide him with an opportunity to answer the charges in a meaningful way and at a meaningful time. The former chief judge also alleges that he was not advised of his right to be represented by legal counsel, and that he also was not provided the right to confront and cross-examine witnesses against him.

LaRance stated in the complaint that council did not have a neutral person present the charges against him or afford him the right to call witnesses and present evidence on his own behalf, that he was not given sufficient time to prepare a defense to the charges and that there is no clear and convincing evidence that the allegations contained in the written charges are true.

LaRance also alleges that his dismissal is in violation of Hopi Ordinance 21, Section 1.5.1, which states that trial judges may be removed for cause by the tribal council, but only after a hearing before council on written charges delivered to the judge at least five days before the hearing.

During the May 1 hearing, Vice Chairman Todd Honyaoma Sr. said that LaRance had had eight days to respond but had made no effort to do so. Honyaoma said the cause to remove LaRance was a legislative matter and independent of the results of any future criminal proceeding in Hopi Tribal Court.

Among the allegations in the complaint filed by LaRance are claims of breach of contract, violation of the implied contractual right to a fair hearing and due process, violation of the dispute resolution provision of the employment contract, violation of the personnel policies and procedure manual, violation of Hopi Ordinance 21 pertaining to removal for cause, and violation of the termination provision of the employment contract, among others.

LaRance is asking that the action item to remove him be declared null and void, that he be allowed to resume his duties as chief judge, and that the court award him the amount of salary due under his employment contract retroactive to May 1.

Named as defendants in the complaint are the Hopi Tribal Council and Vice Chairman Honyaoma, along with council representatives Clifford B. Quotsaquahu, Anita Bahnimptewa, Cedric Kuwaninvaya, Phillip R. Quochytewa Sr., Nada Talayumptewa, Leon Koruh, Archie Dawahoyeoma, Anna M. Silas, Gary Hayah, Lyman W. Polacca, and Eugene Kaye.