David Jordan, attorney for Dale Tsosie
we had serious concerns about yesterday’s Navajo language test but the ladies said that they could fashion test to meet supreme court’s standards. and everyone, including deschene’s attorney, that there would be test and you entered order that test would be conducted. it didn’t say that the test was optional. your order was based on how this hearing would be conducted. then deschene shows up and says he won’t take test and he didn’t have the right to do that. he refused to take part in pre-trial procedure. here we are today, they will say it is our burder of proof and that is true but we have right to obtain evidence.
and in the navajo way, words of agrement are sacred. and in navajo way, when you do not honor words that there are consequences and there has to be.
we cite Lolly case, the navajo nation refused to participate in pretrial proceudres order by labor commision and supreme court said it would be unconscienable not to particpate or ignore court order and if anyone refused then default begins. we will not allow government to pick and choose without courtesty of explantaion, and it is trampling on rights of petitioneres. and petitioners acted in good faith. they are saying we picked and choose our buddies who say deschene speaks fluent navajo.
fine but when he refused to take test ordered by this body, he put us thru a complete waste of our resources to prepare for case. and now he sits there and says that he met this week with his buddies to test him. you cannot say that deschene had right to refuse test when his refusal was a flagrant ignorance of your order. you should hold deschene in contempt.
wedneday, deschene substituted legal counsel, and i advised deschene not to walk into test that this office in good faith was attempting to comply with supreme court order. deschene has no burden here. you come in and prove your claims.