IN THE DISTRICT COURT OF THE NAVAJO NATION
JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO
IN THE MATTER OF THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY
STATE TRAFFIC TICKET AND
COMPLAINT FORM
NO.: SR-[Category]-[AutoNumber]-[Year]
ORDER
THIS MATTER COMES before the Shiprock District Court upon the filing of Arizona
Traffic Ticket and Complaint on behalf of the Navajo Division of Public Safety. The Court reviewed
the matter, and being advised in the premise, the Court hereby FINDS that:
1.
On May 30, 2006, the Navajo Nation Department of Law Enforcement filed an Arizona
Traffic Ticket and Complaint on behalf of Navajo Division of Public Safety. The traffic complaint
contains allegation of defendant driving under the influence of intoxicating liquor and No state valid
driver’s license against a member of the Navajo Nation.
2.
The Arizona ticket does not conform to the Navajo Nation’s rules regarding traffic
ticket and complaint forms:
a.
The Navajo Nation Law Enforcement must use on uniform traffic ticket and
complaint form. Navajo Nation Traffic Code, 14 N.N.C. subsection 806(A).
b.
The Arizona ticket does not have a caption identifying the Navajo Nation Court
as required by Rule 10(e), Navajo Rules of Civil Procedures; Rule 5(a), Navajo Rules of
Criminal Procedures.
c.
The Arizona ticket does not have a box for the defendant’s census number, nor
space for the essential facts constituting the offense, nor a signature box for the prosecutor in
criminal complaints as required by Rule 10(b), Navajo Rules of Criminal Procedure.
3.
The Court may reject complaint forms that do not comply with the Navajo Rules of
Pleadings. Rule 10, Navajo Rule of Civil Procedures; Rule 8(d), Navajo Rules of Criminal Procedure.
4.
Further, the Navajo Nation Law Enforcement citing its own tribal tickets and citation
forms, and enforcing these citations through the tribal Courts is act of tribal self-government. Tribal
self-government is a attribute of tribal inherent sovereignty. United States vs. Wheeler, 435 U.S.313,
322(1978).
5.
Because the Arizona ticket does not conform to the Navajo Rules, the Arizona ticket is
an infringement onto Navajo Inherent sovereignty when the Navajo Nation is required to conform to
the state traffic ticket standards.
6.
This Court is not aware of any agreements between the Navajo Nation and the State of
Arizona regarding the use of traffic tickets on state right-of-ways passing through the Navajo
reservation.
7.
The Navajo Nation should protect its inherent sovereignty and should not unnecessarily
give up tribal authority. Nelson v. Pfizer, Inc., teal., No.SR-CV-01-02(November 17, 2003).
Based on the foregoing, IT IS FURTHER ORDERED that the Arizona Traffic Ticket and
Citation Form filed by the Navajo Nation Department of Law Enforcement is hereby not recognized by
the Shiprock District Court.
SO ORDERED this _____________ day of ________________________, 2010.
________________________________________________
JUDGE, DISTRICT COURT OF THE NAVAJO NATION
Certificate of Mailing
I received on this _______ day of _______________________, 2010 provided a copy of the foregoing
to ______________________________________________________________________________________
through U.S.Postal Service.
________________________________________________
Clerk of the Court