Chief Justice Herb Yazzie
There was motion by private citizens to file amicus brief and there was brief submitted. There will be no oral argument from that party and they did not request one.
And i forgot to say that there was a Majority decision on jurisdiction.
The government thru Navajo Justice Department files as amicus. Court has reviewed that request. And court denies request. This is a mandamus action to enforce a final decision of this court. At no time during this process, did the government ever challenge the law. When we read proposed amicus brief, it is about policy behind law. The department of justice is in wrong place. Their argument goes to council and the people.
To express court’s concern, the other part of government, OHA, intimately involved in this process was not represented by government. We invited OHA to make arguments and they didn’t. court assumed that department of justice would represent or find counsel for OHA and they didn’t do that so we will go to arguments.
Because of lateness in day and time constraints, we allow parties ten minutes for rebuttal.
Petitioners: David Jordan
Very simple argument. Law very obvious and mandatory. If candidate disqualified, immediate act by election board and office to remove Chris Deschene from ballot and delay election. But instead they announced they were independent and defied OHA order which was not in their discretion.
We ask court to overrule their decision.
Deschene could have filed for stay of OHA order and he didn’t
That order is being ignored by election board and office. Order that third place finisher be placed on ballot.
Chief justice Yazzie
Not only no stay requested but no effort for asking OHA to reconsider decision.