Clerking for the Supreme Court of the Navajo Nation

         This Court of last resort operates much like the Supreme Court of the United States. Taking appeals from the various lower courts, this three-judge panel interprets the many laws of the Navajo Nation. One clerk, representing the judges and writing their legal opinions, comprises the legal staff. Despite its apparent lack of funding (and dearth of legal training) this Court represents the highest priority of the legal system in the Navajo Nation; and does it with poise and confidence. Our superiors were incredibly intelligent and good-hearted in their efforts.

       Two of us spent our week working cases in the clerk’s chambers. Our first day included a brief discussion of Navajo Common Law. Shortly thereafter we were given two case files. Our instructions were simple: write a legal opinion worthy of publication in the Navajo Law Reporter. We were to write the initial draft of the legal findings of the Court on two issues of first impression. Needless to say, we were shocked.

       The Court is sorely over-burdened with incoming cases, a result of the role of the Court. The Supreme Court of the Navajo Nation operates more as a law-making body than as a simple interpreter of the laws. This comes as the Tribal Council (legislature) passes statutes charging the Court with defining the specific intentions of the law, no doubt an attempt at political duck-and-cover. This distinction–intentional law making–makes for a very different kind of judicial system from its counterpart in our constitutional government. Learning to write opinions declaring new law was a difficult challenge. It would seem that the debate between judicial activism and restraint was settled years ago.

       The incredible responsibility that ensues with an internship in this Court is nothing short of spectacular. In no other externship have I ever had such an impact on the law. Our legal opinions are now recorded in Navajo legal history (we were told our drafts would become the final opinion in both cases). The Clerk made sure to remind us of our University’s importance in the role of law-making on this reservation. Our interns have written dispositive opinions of great importance to the Navajos for years. I sincerely hope we continue this proud tradition in the future, benefitting the Navajo Nation and its people as a legal resource. 

       Jay Shannon