The Process of Decision Making in Tribal Courts

This chapter discusses the process of decision making in tribal courts. The history of the Navajo Nation and of the Navajo Tribal Courts is one of challenges. The jurisdiction statutes of the Navajo Nation provide that the tribal courts have jurisdiction over all civil causes of action where the defendant resides within the Navajo Indian Country or, regardless of residence, has caused an action to occur within the territorial jurisdiction of the Navajo Nation. The chiefs and councils of Navajo oral history made decisions for the larger group and regulated the clans. The oral traditions indicate that there was a separation of functions between war leaders and peace leaders. Navajo judges and justices are chosen through a process designed to insulate them from politics. The law the Navajo courts must use consists of any applicable federal laws, tribal laws and customs. Once a court makes a decision, that decision is subject to change only through judicial processes.