NNBA Bylaws

Table of Contents

1. Membership
2. Fees
3. Qualifications for Admission to NNBA
4. Bar Examination
5. Board of Bar Commissioners
6. Officers
7. Committees
8. Amendments

I.    Membership

There shall be the following classes of membership:

1. REGULAR MEMBERS are all active members residing within or outside the Navajo Nation. Except as provided in Subsection D. and E. hereof, only regular members in good standing may appear in the Courts of the Navajo Nation or before boards, agencies, committees, commissions or agencies of the Navajo Nation, or may engage in the practice of law within the Navajo Nation.
2. JUDICIAL MEMBERS are members who are active or retired judges of the Navajo Nation Courts. Judicial members shall also include members in good standing of the Navajo Nation Bar Association who are active and full time judges of any state, federal or non-Navajo tribal court during their tenure as judges. Such members shall be non-voting judicial members.
3. INACTIVE MEMBERS are those members not actively practicing law in the Courts of the Navajo Nation but who wish to maintain their membership. Inactive status members are non-voting members.
4. Non-resident Attorneys who are not members of the Association, but are members in good standing of the bar of any state, may participate in one case per year before the Courts or any quasi-judicial, administrative or legislative body of the Navajo Nation. A non-resident attorney desiring to practice law within the Navajo Nation shall associate with a regular member of the Association in good standing, upon whom notice may be served, who shall sign the first motion or pleading and who shall continue in the case unless another regular member is substituted. The unauthorized practice of law is prohibited on the Navajo Nation by 7 N.N.C. § 606 (CAP-38-00) and 17 N.N.C. § 377 (CJA-08-00).
5. Members wishing to change membership status or to withdraw from membership altogether shall file a request with the Vice President of the Association for action by the Admissions Committee. Members wishing to change their membership status will be assessed a $25.00 fee.

II.    Fees

Annual membership dues shall be assessed according to the following schedule:

Regular             $130.00
Judicial                $65.00
Inactive               $75.00

Members may pay their dues in two installments with a $5.00 service charge. The first payment of at least half the dues must be made by February 1st.

Annual membership fees for first year admittee's shall be as follows:

Successful March Applicants  $75.00

Successful August Applicants $35.00

Status for purposes of assessing dues shall be determined as of January 1st of each year. The Treasurer of the Association shall collect dues from each member by the first Saturday in February.

Failure to pay dues is grounds for suspension from the Association. The Secretary shall report to the President the names and addresses of those members who have failed to pay their annual dues. The President shall then file a Motion for Suspension with an Order with the Navajo Nation Supreme Court. Those members shall have thirty (30) days after the motion is filed to pay the annual dues and a $30.00 penalty fee. A copy of the motion shall be mailed to those affected, after it is filed. Once the order is signed, a member may be reinstated within one year upon payment of a $150.00 reinstatement fee, in addition to the membership dues.

If a member has been suspended for more than one year, he/she must reapply to the Navajo Nation Bar Association, Inc. for membership and take the regularly scheduled Navajo Nation Bar Examination.

III.    Qualifications

1. QUALIFICATIONS REQUIRED OF ALL APPLICANTS

In order to take the Navajo Nation Bar Examination and subsequently be admitted to membership, a person must:

·    Be at least 21 years of age as of the date when the application is submitted; and

·    Submit an application for membership in the Association which is approved by the Admissions Committee of the Association; and

·    Be of good moral character, and have personal qualities with which to abide by the oath of office and ethical standards of the Navajo Nation; and

·    Have no conviction of a felony, or equivalent criminal offense, in any jurisdiction; and

·    Have no conviction of a misdemeanor offense, or equivalent criminal offense, involving moral turpitude in any jurisdiction; and

·    Not have been disbarred by any bar association for criminal activity, violation of ethical standards, malpractice, or any other matter concerning personal integrity or violation of standards of practice for the protection of the public.

2. QUALIFICATIONS REQUIRED OF PERSONS WHO ARE NOT ENROLLED MEMBERS OF ANY INDIAN TRIBE

In order to take the Navajo Nation Bar Examination, a person who is not an enrolled member of any Indian tribe must:

1. Reside and be employed full time within the State of Arizona, Colorado, New Mexico or Utah; and

2. Be a member in good standing of the bar of Arizona, Colorado, New Mexico or Utah or have taken a bar examination of such state and be awaiting the results of that examination; or

3. Be a graduate of a law school.

 

3. QUALIFICATIONS REQUIRED OF PERSONS WHO ARE ENROLLED MEMBERS OF ANY INDIAN TRIBE

In order to take the Navajo Nation Bar Examination, an enrolled member of any Indian tribe must:

1.    Present proof that he or she is enrolled in a federally recognized Indian tribe of the United States; and

2.    Be a graduate of one of the following:

a.    A law school; or

b.    An accredited four-year institution (Bachelor's Degree); or

c.    A course of studies approved by the Navajo Nation Bar Association, Inc.; or

d.    A paralegal training program, advocacy program, apprenticeship program, or equivalent, which is certified by the NNBA, Inc.

3.    All non-law school graduate applicants under this subsection C shall take the NNBA Bar Review course prior to taking the NNBA Bar Examination.

D.   REQUIREMENTS FOR ADMISSION TO MEMBERSHIP IN THE NAVAJO NATION BAR ASSOCIATION, INC.

In order to be eligible for admission to membership in the Navajo Nation Bar Association, Inc., a person must:

1. Take and pass the Navajo Nation Bar Examination, and any included or separate examination on ethics; and
    
2. Provide updated or additional application information, including background information and consent for a background check, as required by the Admissions Committee of the Association; and
    
3. If permitted to take the Navajo Nation Bar Examination pursuant to Section III.B.2, then have been admitted to practice by such state; and
    
4. Complete a prescribed course in Navajo law, culture, traditions and history, prior to or subsequent to the bar examination; and
    
5. Execute a written pledge and certificate that the applicant, if admitted to the privileges of membership, shall at all times comply with pro bono public requirements at the call of the Courts of the Navajo Nation; and

 

6. Have membership moved by the Association before the Supreme Court of the Navajo Nation, subject to objection by any person, with such motion granted by the Court.

IV.    Bar Admission

 

1. The Admissions Committee shall administer a Bar Examination to qualified applicants twice yearly, in March and August, at such times and places as the Committee may designate. Announcement of the date and place of any Examination shall be made, throughout the Navajo Nation, no less than sixty (60) days prior to the date set.
2. Any person desiring to take the Bar Examination shall submit a complete application and a non-refundable application fee in the amount of $75.00, no less than thirty (30) days prior to the date of the Bar Examination.
3. Applicants shall be informed of their eligibility to take the Examination no less than twenty (20) days prior to the date of the Examination. A determination of ineligibility to take the Examination may be appealed to the Admissions Committee.
4. The Bar Examination shall be a written test emphasizing Navajo Common Law, the Navajo Nation Code and Navajo Nation Supreme Court decisions, including the skills required to practice in the Courts of the Navajo Nation. It shall consist of questions, either short answers or essays or a combination of both, covering aspects of the following subjects:

·         Torts

·         Contracts

·         Domestic Relations (9 N.N.C.)

·         Criminal Law

·         Federal Indian Law

·         Indian Child Welfare Act

·         Navajo Nation Children's Code (9 N.N.C. § 1001, et seq.)

·         District Court Rules of Civil and Criminal Procedure

·         Business Associations, Including Corporations and Partnerships

·         Model Rules of Professional Conduct

·         Navajo Nation Jurisdiction

·         Navajo Uniform Commercial Code (5A N.N.C.)

·         Navajo Nation Government (2 N.N.C.)

·         Navajo Rules of Evidence

·         Indian Civil Rights Act

·         Navajo Property Law-Personal/Real Property

·         Navajo Employment and Business Preference Laws

·         Navajo Nation Bill of Rights

·         Decedents' Estates (8 N.N.C.) and Rules of Probate Procedure

·         Treaty of 1868

·         Administrative Law

·         Navajo Rules of Civil and Criminal Appellate Procedure

·         Navajo Sovereign Immunity Act (1 N.N.C. § 551 et seq.)

·         Navajo Peacemaking

5. A passing score for the bar examination shall be seventy percent (70%) of all possible points for that examination.
6. Results of the Examination shall be certified to the Board by the Committee no more than thirty (30) days after the Examination.

Within ten (10) days after certification of the results of the Examination by the Committee, the Board, through the President or Vice-President of the Association, shall notify the Supreme Court of the identity of persons passing the Examination and shall petition the Supreme Court for the admission of all eligible applicants.

7. The Committee shall notify all applicants of their score at the same time the Committee notifies the Board.
8. Any person who does not receive a passing score on the Examination shall have the right to review the Examination; his or her Examination answers; the model answers; and the score sheet for his or her Examination.
9. Within fifteen (15) days after the date of notification of the results of the Examination, any person who did not pass the Examination and who wishes to contest the Committee's determination shall file a Petition with the Admissions Committee setting forth in specific detail and with appropriate citation to authority the claimed errors of the Committee, and how the errors, if corrected, would result in the person receiving a passing score.

1.    Within three (3) working days of the filing of the Petition, the Chairperson of the Committee shall designate two (2) members of the Association to review the Petition.

2.    Within fifteen (15) days of such designation, the designated members of the Association shall review the Petition and report back to the Committee with their recommendations.

3.    Within ten (10) days of receipt of the Report of the Association members concerning the Petition, the Committee, either at a regular or special meeting shall consider the Petition and Report and take action thereon, notifying the applicant of the Committee’s decision within five (5) days.

4.    Any person whose Petition is not acted on favorably by the Committee may appeal, by Petition, the Committee’s determination to the Supreme Court within fifteen (15) days after the date of notification of the Committee's decision. A copy of the petition shall be served on the Association and the Association shall have five (5) days thereafter to submit the entire record to the Supreme Court. The Association shall have fifteen (15) days after service of the Petition to file a response with the Supreme Court. Further pleading will only be permitted by leave of the Court.

5.    Within ten (10) days after granting the relief sought by any person petitioning the Committee for review of the results of the Examination, the Board, through the President or Vice-President of the Association shall notify the Supreme Court of the identity of persons passing the Examination and shall petition the Supreme Court for the admission of all eligible applicants.

V.    Board of Bar Commissioners

1. The Board of Bar Commissioners (Board) shall consist of one (1) member from each Judicial District of the Navajo Nation, with the exception that the Judicial District of Ramah shall also include the Circuit Courts of Alamo and Tóhajiilee. Any district having more than twenty-five (25) regular members shall have one (1) additional Board member for each twenty-five (25) regular members or part thereof. Each regular member shall declare a district to which he or she shall be assigned for purposes of Board distribution and voting. Board members must be regular members of the Association in good standing, from the district which they represent.
2. Upon the election of the first Board, the members shall draw straws to determine which third shall serve one-year terms, which third shall serve two year terms, and which third shall serve full three year terms. Thereafter, all future members shall be elected for three-year terms.
3. Election of the Board members shall be by mail, and shall be conducted no more than sixty (60) days following the Annual Meeting. Any member desiring to run for a seat on the Board may nominate himself/herself, or may be nominated by another member, by letter to the President, no more than thirty (30) days after the Annual Meeting. Each voting member of the Association shall vote for the commissioner(s) representing the district where the member is listed on the Association membership roster. Elections shall be by plurality vote.
4. In the event a board member is unable to complete his/her term, the President, with the approval of the Board, shall appoint an interim Board member to sit until the next regularly scheduled election, at which time a board member shall be elected to serve the uncompleted term, if any. The President may appoint the interim board member based upon the recommendation of the resigning board member.
5. Members of the Board of Bar Commissioners who are unable to be in actual attendance at a meeting of the Board may vote at such meeting by proxy, and such proxy shall be counted for purposes of constituting a quorum. No member shall vote by proxy at more than three (3) meetings of the Board in one calendar year. Voting by proxy at any meeting of the Board does not constitute actual attendance at the meeting. Failure of a member of the Board of Bar Commissioners to actually attend three consecutive meetings of the Board in one calendar year may result in the removal of the member from the Board of Bar Commissioners by the Board.

VI.    Officers

1. The President shall be a regular member of the Association in good standing. He/she shall be elected for a term of two years, at the same time and in the same manner as the Board elections are held, and must be elected by a plurality vote of those casting a vote. The President shall appoint and may remove committee chairpersons, with the approval of the Board, preside at all meetings, represent the Association at all official functions, hire and supervise any employees of the Association, and perform such other duties as the Board may direct.
2. The Vice-President shall be a regular member of the Association in good standing, who shall be selected by the President annually, with the approval of the Board. He/she shall act as Chairperson of the Admissions Committee, shall act on behalf of the President in the latter's absence, and shall perform such other duties as the President of the Board shall direct.
3. The Secretary shall be a regular member of the Association in good standing, who shall be selected by the President annually, with the approval of the Board. He/she shall record and maintain official actions of the Board and the Association and perform such other duties as the President of the Board may direct.  He/she may delegate any of the above-specified functions to any employees of the Association, with the written approval of the President.
4. The Treasurer shall be a regular member of the Association in good standing, who shall be selected by the President annually, with the approval of the Board. He/she shall handle all of the finances of the Association, maintain accurate records thereof, report regularly to the Board thereon, and perform such other duties as the President of the Board may direct.  He/she may delegate any of the above-specified functions to any employees of the Association, with the written approval of the President.

VII.    Committees

There shall be the following standing committees of the Association:

1. The Admissions Committee shall be chaired by the Vice-President, and its members must be approved by the Board. It shall have seven (7) members. This committee shall be responsible for determining the qualification of applicants for the Bar, and administering the Bar Examination, as set out by the Bylaws. The Committee may propose appropriate changes in or revisions of the qualifications for admission.
2. The Disciplinary Committee shall consist of seven (7) members. The Committee shall hear and decide subject to appeal to the Board, complaints of violations of ethical or other rules and regulations of the Association by members, shall regulate the unauthorized practice of law, and shall set appropriate penalties. The Committee shall establish written procedures to govern itself, and recommend appropriate changes in the rules of ethics and other rules of the Association, subject to approval by the Board.
3. The Rules Committee shall consist of five (5) members. The Committee shall regularly review the various rules of the Navajo Nation Courts, and shall propose to the Association improvements in such rules, which, upon approval by the Association, shall be forwarded to the Chief Justice of the Navajo Nation Supreme Court. The Committee may also prepare commentaries for all members of the Association.
4. The Training Committee shall consist of eight (8) members at least five (5) of whom shall be regular members of the NNBA. Members of the Training Committee shall be selected by the President of the NNBA and shall be confirmed by the Board. The Training Committee shall have the following duties and powers:

1.    To recommend to the Board of Bar Commissioners minimum standards for Advocacy Training Programs and Navajo Culture, History and Law Courses.

2.    To approve courses which meet said approved minimum standards and to certify entities offering such courses and, for good cause shown, to suspend or de-certify such entities. The Training Committee may require any person or entity providing such program or courses to furnish such information as the Training Committee deems appropriate in order to carry out the Committee's duties.

3.    To coordinate or offer other courses providing training to members of the NNBA, Inc. or persons seeking to become members of the NNBA, Inc. (such as Bar Review Courses) or who provide support services for NNBA, Inc. members.

4.    To approve or disapprove on a case-by-case basis requests submitted by NNBA members or persons seeking NNBA membership with respect to approval of advocacy training programs, Navajo culture or History and Law Courses.

5.    To establish a budget subject to approval by the Board, and to make expenditures within this budget.

6.    To establish and collect fees for services provided.

7.    To establish such policies and procedures and documents which may be necessary or appropriate to carry out the duties of the Committee.

8.    To enter into agreements with entities and individuals providing training services or support for training activities (such as facilities where training is conducted to entities making copies of training material).

9.    To hold meetings in places and at times designated by the Training Committee.

10.  To report to the membership and Board on the activities of the Committee.

5. The Judicial Evaluation Committee shall consist of five (5) members. The Committee shall act as the Association's liaison with the Judiciary Committee of the Navajo Nation Council and the Courts of the Navajo Nation for purposes of evaluating Judge candidates and Judges.
6. The Continuing Legal Education ("CLE") Committee shall consist of five (5) members. The Committee shall have all necessary authority over implementing and supervising the MCLE policy for the NNBA, Inc., including, but not limited to: (1) regularly reviewing and, if necessary, proposing appropriate changes in or revisions to the NNBA, Inc. MCLE Standards to the Board; (2) certifying programs for continuing legal education credit; (3) approving continuing legal education credit for persons who prepare articles or make presentations at programs; (4) monitoring members' compliance with the continuing legal education requirements; and (5) encouraging the provision of low-cost or no-cost CLE programs.

VIII.  Amendments

These Bylaws may be amended by majority vote of the Board at any regularly called meeting of the Board.

Approved by Navajo Nation Supreme Court Order SC-NB-04-01, December 5, 2001.

Return to Top

 

Window Rock, Navajo Nation (AZ) - Winter 2008