Delayed again
Judge sets evidentiary hearing in Shirley case

Copyright © 2009
Gallup Independent
By Kathy Helms
Diné Bureau

WINDOW ROCK — District Court Judge Geraldine Benally has set an evidentiary hearing for 1 p.m. Monday to determine whether the Navajo Nation Council and Speaker Lawrence T. Morgan acted outside the scope of their authority when placing President Joe Shirley Jr. on administrative leave.

In a six-page order issued Friday, Benally said the court finds that it cannot proceed with the hearing on the president’s request for a temporary restraining order, which under the Sovereign Immunity Act requires at least 20 days notice, since the required time period has not elapsed.

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