Indian Voices • May 2009
16
Ute Indian tribe defends lawsuit filed against tribe by former chief tribal judge
Non-renewal of Former Tribal Judge’s mined that it would not renew Mr. Court, and Mr. Yazzie had always been payment made in lieu of the sixty day
Contract Prompts Unlawful Lawsuit Yazzie’s contract because the Tribe had given full support and autonomy to oper- notice that would have otherwise applied
against the Ute Indian Tribe recently discovered in a background ate the Tribe’s Court system as he saw fit.” had his contract remained in effect. The
check that the former Judge had been “The Ute Tribal Business Committee had Tribe also provided Mr. Yazzie with a let-
Uintah and Ouray Reservation — The convicted of conduct unbecoming a
determined that Mr. Yazzie’s criminal ter of reference to help him secure future
Ute Indian Tribe Business Committee of member of the judiciary. “Mr. Yazzie had
background and misrepresentations to the employment. “Mr. Yazzie accepted the
the Uintah and Ouray Reservation of numerous convictions for DUI and other
Tribe did not meet the ethical standards of letter and payments that the Tribe had
Northern Utah (the “Ute Tribe” or “Tribe”) related offenses.” Irene C. Cuch, Vice
conduct expected of an officer of the given to him in good faith, and then came
announced today that it will defend the Chairperson of the Tribal Business
Court, especially for someone serving as back to the Tribe demanding more money,
Tribe against a lawsuit filed by the Former Committee, said. “In addition, he had
Chief Judge of the Tribe’s Judiciary, and which we refused to provide” the Vice
Chief Judge of the Ute Indian Court, misinformed the Business Committee that
his contract was not renewed for a second Chairperson said. “We believe Mr. Yazzie
Larry Kee Yazzie. According to Mr. he was a fully licensed member in good
year.” was treated fairly and justly by the Tribe
Yazzie’s filing against the Tribe, the Tribe standing of the state bar, when in fact this
The Tribe had also entered into a stipu- in this matter….honorable people do not
had entered into a permanent contract was not the case.” An examination of the
lated severance agreement with the former bring a lawsuit against the Tribe only so
appointing Mr. Yazzie as the Chief Judge Utah State Bar Membership indicates that
Judge in which the Tribe had paid Mr. that they can get more money after they
of the Ute Indian Tribal Court for an at the time that Mr. Yazzie was hired as
Yazzie for work that would have occurred have accepted a settlement that was
indefinite period of time, and the Tribe Chief Judge and during his entire term of
within a sixty-day period of time, with offered in good faith.”
had allegedly breached this contract by appointment to the bench, he had been
not providing Mr. Yazzie with proper on inactive status with the bar and was
notice prior to termination. Mr. Yazzie, a not fully licensed. Mr. Yazzie’s contract
AFFORABLE SENIOR APARTMENTS
non-Tribal member, had in fact been clearly stated that “[t]he Judge stipulates
appointed to the bench to serve a one that he is a fully licensed member in good Lovely 100 – unit senior apartment building
year term, contrary to his claim to a per- standing of a state bar.”
will soon have apartments available.
manent contract. Yazzie had approached Mr. Yazzie also claims that he was ter-
the Business Committee at the end of that minated from his employment as Chief
Must be 62 or older or mobility impaired.
year seeking a renewal of his contract. Judge of the Tribe for political reasons. In
Income must be $28,900.00 or less for one person
Neither the Tribe’s Constitution nor response to such allegations, the Tribe’s
or $33,050.00 or less for two persons
Judicial Ordinance provides for perma- Vice Chairperson commented: “the Tribe
Rent includes utilities, laundry facilities and recreation area.
nent appointments to the Tribe’s Judiciary, is appalled that Mr. Yazzie would allege he
and there is no past precedent where the was released for his sentencing practices
Section 8 available.
Tribe has allowed for the permanent while on the bench for cases that had Equal Housing Opportunity
appointment of its Chief Judge or even for involved individuals related to the
For information, call:
Associate Judges that serve as members of Business Committee.” “The Business
the Tribe’s Judiciary. Committee has never interfered with the
619-575-3232
The Tribal Business Committee deter- role and function of the Ute Indian Tribal
An American
Indian Program
Temporary Assistance for Families in Need
Empowering American Indian
Call Families and Guardians of
for more
American Indian Children in
information
San Diego County
today!
Are you...
• A member of a household with an American
San Diego Office Indian from a federally recognized tribe
(866)
• The parent or guardian of a child under age
18 or in your third trimester of pregnancy?
913-3725
• Residing within San Diego County?
• Low income or guardian of an
American Indian minor in need?
Escondido Office
You can receive...
(866) • Cash Assistance
428-0901
• Educational Development
• Career Development
• Child Care
• Transportation Assistance
• K-12 Clothing Allowance
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16