WINDOW ROCK, Ariz. (AP) – The Navajo Nation's high court has ordered the top attorney for the tribe's legislative branch to explain why he shouldn't be disciplined for defying court opinions.
The court said Frank Seanez has a duty not to obstruct, interfere or influence the functions of the court. He is scheduled to appear before the tribe's Supreme Court justices Friday morning.
The court already has commanded Seanez to refrain from legally advising lawmakers or issuing opinions and memos if that advisement disclaims, refutes or defies any Navajo Nation court judgment or order.
The Navajo Nation Bar Association usually reviews complaints about its members. But the high court says it can discipline a bar member when he or she interferes with the operation or proceedings of a tribal court.
Chief Justice Herb Yazzie and Associate Justice Eleanor Shirley pointed to two instances in which they said Seanez's legal advice has countered Navajo Nation law.
The first was in May when Seanez advised lawmakers that “it is unquestionable” that they have the authority to change a tribal law that outlines the structure of the government. The court previously ruled that only the Navajo people may amend that law.
Then in August, Seanez told the Tribal Council speaker that the high court exceeded its jurisdiction by restoring a government reform commission. The council abolished the quasi-independent commission in 2007 and re-established a similar body under the legislative branch.
The court ordered that the commission be restored and funded at its original level or be given enough money to fulfill its duties. Seanez said the high court does not have the authority to appropriate or reallocate funds for a nonexistent commission.