Nuvamsa still in president's office
Hopi judge orders tribal secretary to be jailed

By Kathy Helms
Staff Writer

KEAMS CANYON, Ariz. — Judge Pro Tem Geoffrey Tager extended an Extraordinary Writ and temporary restraining order Wednesday for Hopi Tribal Chairman Benjamin Nuvamsa, allowing him to remain in office until June 22, when a new hearing is set.

Nuvamsa did not appear for the hearing, according to his attorneys, because of his participation in a religious Katsina ceremony. In a statement to the court, Nuvamsa said, that during this period he must refrain from engaging "in activities that would be contentious or contrary to our prayers and for the purposes of the Katsina ceremony."

Tager, a tribal court judge with the Pueblo of Tesuque in Santa Fe, also ruled to consolidate two cases: CV-0017, filed by Jerry Sekayumptewa Sr., and CV-0035, filed by Sekayumptewa, Caleb Johnson, Clifford Qotsaquahu, John Poleahla Sr., and Leon Koruh.

Both cases name the Hopi Election Board as the defendant and challenge whether the board properly determined that Nuvamsa was eligible to be a candidate in the 2007 Special Election for Hopi Tribal Chairman.

However, Judge Tager refused to include a third case, CV-0068, Nuvamsa vs. Honyaoma, et. al., which also arises out of the actions taken by the Tribal Council and Election Board regarding Nuvamsa's candidacy and election.

"I'm holding the 'Nuvamsa' case in abeyance until we hear from Council," Tager said. He also refused to allow Lynelle Hartway, legal counsel for the Hopi Tribe, to withdraw as attorney for the Election Board, but added that if Hartway wanted to file a motion to withdraw, with points to be considered, "I'll take a look at it."

The court will reconvene June 22 to consider those cases as well.

Judge Tager said he felt it necessary to extend the May 17 restraining order, even though it has personally impacted Vice Chairman Todd Honyaoma Sr. and Tribal Secretary Mary Felter.

Honyaoma was found by the Appellate Court to be in contempt of the order after he and Felter delivered a letter to Nuvamsa May 18 on behalf of the Tribal Council stating that Council would not process any payment to Nuvamsa or his staff and would not allow them "to unlawfully occupy tribal offices."

Honyaoma was arrested during a May 21 Council session and jailed on a contempt charge by Hopi-BIA Police. A warrant was issued later for Felter, who also was charged with contempt.

Felter turned herself in to police Wednesday and was jailed pending arraignment. Judge Tager granted a brief recess at 4:30 p.m. during presentations regarding the restraining order for Nuvamsa so that attorneys for the defendants, Erin Byrnes and Kelly Shira of Phoenix, could represent Felter at the arraignment in Appellate Court, after which she was released from custody.

The trial court reconvened at 5 p.m. at which time Tager said he was granting the extension for several reasons, including that council decided to take matters into its own hands, and regardless of the judicial process, issue its own ruling, despite specific procedures regarding removal from office.

"But the fact of the matter is there was an election and the people did speak about who they want in that capacity. Granted, there are some rules and requirements that must be followed for an individual to be in that capacity, and that's a matter for another case.

"But in this case, I have a strong concern for the welfare of the people here. I would just encourage everyone to follow the orders. Do not put me in that position of enforcing this order. I do not want to do that and I will do that if necessary," Tager said.

Co-attorneys for Nuvamsa, George Hess of Higgins Law Firm in Pinetop and Laura Berglan of The Shanker Law Firm in Flagstaff, said they were very pleased with the judge's ruling.

"Now we get to the next stage, which is the hearing," Hess said. "This is really what we've been wanting all along, which is to be able to get the issues out before the court. It's very gratifying."

The next hearing will take up the issue of the Council's "authority or lack of authority" for Nuvamsa's removal, Hess said.