News

Hopi Voters Reject the Proposed Hopi Constitution Amendment

The Hopi Tribe

For Immediate Release: January 27,2011

Hopi Voters Reject the Proposed Hopi Constitution Amendment

Kykotsmovi, AZ - - Hopi voters went to the polls today to decide if the proposed Hopi Constitution will be the future for the Hopi Tribe. The 11 Polling sites closed at 7 p.m. with Kykotsmovi Village being the first community to begin the canvassing process. Federal Regulations CFR 25 Part 81.7 requires that 30% of the total registered voters must cast a ballot to qualify the Hopi Secretarial Election. The Hopi Secretarial Election has met this requirement. Of the 1,496 registered voters, 1,066 ballots were cast.

Any qualified voter, within three days following the posting of the election results, may challenge the election results by filing with the Secretary of Interior through the Officer in Charge, the grounds for the challenge together with substantiating evidence. If in the opinion of the Secretary, the objections are valid and warrants a recount or new election, the Secretary shall order a recount or new election. The results of the recount or new election shall be final.

All canvass proceedings for the Hopi Secretarial Election was conducted in the Tribal Council Chamber located in Kykotsmovi. A Canvassing protocol was established by the Hopi Secretarial Election Board to assure that the canvass process during the Hopi Secretarial Election was orderly, due to space limitation and tribal facility use policy.

The Official Tally of Election Results will be posted January 28, 2011, at the following locations: the Hopi Tribal Headquarters/Legislative Building, Kykotsmovi, the BIA Hopi Agency – Keams Canyon, and at each Village Administration Office.

Official Results: YES, NO

Keams Canyon BIA Agency 5, 23

Ponsi Hall 3, 10

First Mesa Consolidated Villages office 26, 76

Tewa Administration Building 22, 20

Sipaulovi/Mishungnovi Building 18, 60

Shungopavi Community Building 24, 43

Kykotsmovi Community Building 33, 77

Bacavi Community Building 12, 24

Hotevilla Community Building 12, 22

Upper Village of Moenkopi Community Building 30, 31

Lower Village of Moenkopi Community Building 3, 24

TOTAL Absentee Ballots 468: 222, 246

TOTAL VOTES 410, 656

Hopi Tribal ProTem Judge Albert Flores had prior association with current Hopi Tribe’s Interim Counsel Robert Lyttle

Possible judicial ethical violations rumors abound

Special Feature by Rosanda Suetopka Thayer

Information obtained today revealed that current Hopi Tribal ProTem Judge Albert M. Flores, who is currently presiding over the case concerning an injunction on the new Hopi Draft 24A Constitution revision, in the Hamana-Nuvamsa v. Hopi Chairman LeRoy Shingoitewa and Hopi Vice Chairman Herman Honanie Case no. 2010 CV -0156 and the Todd Honyaoma v. Hopi Chairman Leroy Shingoitewa case, no. 2010 CV-0158 verifies that in fact Judge Flores had prior association with current Hopi interim legal counsel Robert Lyttle.

Judge Albert Flores on January 25, 2011, denied the motion for an injunction to the BIA secretarial election requested by Gary LaRance, representing attorney for Hamana-Nuvamsa and also by Todd Honyaoma, representing himself.

Robert Lyttle, who currently serves as interim counsel for Hopi Chairman Leroy Shingoitewa and the Hopi Council is the author and proponent of the new Hopi constitutional Draft 24A.

It was found in several published news article documents that Flores and Lyttle served as co-counsels for the Havasupai Tribe in a $25.0 million dollar lawsuit against Arizona State University, the Arizona Board of Regents and three ASU professors in 2004 concerning the collection of blood samples from Havasupai tribal members to study diabetes among the Havasupai people.

Published news sources reveal that current pro-tem Hopi judge Flores filed the suit on behalf of the Havasupai tribe in 2004 because Robert Lyttle was not a member of the Arizona Bar Association at that time.

The suit was settled in 2010 and sources disclosed that Flores and Lyttle collected their legal fees first and remaining funds were then distributed to the Havasupai members affected.

Sources also reveal that there is a current case still pending on behalf of the Havasupai members, so Flores and Lyttle could still possibly be serving as co-counsels for the Havasupai Tribe with their formal legal association going back as far as 10 years.

According the American Bar Association Code of Ethics, any attorney and judge are to disclose potential conflicts of interest and prior association with any attorneys prior to any and all litigation.

Pro Tem Judge Albert Flores failed to disclose his prior association with Robert Lyttle, during the Nuvamsa-Hamana and Todd Honyoama court case at Hopi Tribal Court regarding the January 27th BIA Secretarial Election during the court hearing on January 18th.

Flores was also witnessed by Hopi tribal members as being present at the federal court case in Phoenix, Arizona on January 20, 2010 in the Sekayumptewa v. Department of the Interior, where Chairman Leroy Shingoitewa was also seen in the galley along with his attorney Robert Lyttle, and one member of the BIA Secretarial Election Board, Marilyn Tewa.

Two members of Hopi Council were also seen at the federal hearing along with Tribal Operations Hopi tribal employee Alice Kewenvoyouma and Kim Secakuku who is acting as a Hopi tribal consultant to the BIA federal election process.

Though both Kewenvoyouma and Secakuku are listed as “Hopi tribal employees” there has been documented comingling of election activity and public notification duties by both Kewenvoyouma and Secakuku in what is normally a federally associated employee only-task assignments to such oversight management of a federal BIA election.

Hopi and Tewa tribal members have expressed in the past week, what they feel is a loss of public trust and integrity as well as public openness associated with this BIA Secretarial Election and the lack of public disclosure from Hopi Chairman LeRoy Shingoitewa.

Members are also are expressing what they feel is a possible conflict of interest and undue influence by interim Hopi attorney Robert Lyttle over his past associate Albert Flores by Chairman LeRoy Shingoitewa to the Hopi Tribal Court bench.

Efforts to Dismiss Treasurer Russell Mockta

The Hopi Tribal Council and Chairman LeRoy Shingoitewa are still pursuing efforts to dismiss Tribal Treasurer Russell Mockta in a “hearing” to determine whether or not he is in violation of neglect of duty. Since Mockta has been out of office, we have seen this administration spend funds in violation of financial procedures, so it is no surprise that the administration seeks to keep Mockta from doing his duty as Treasurer, managing the financial business of the Hopi Tribe.

Let’s support Mr. Mockta. Attend the council meeting Monday, January 24, 2011.

Complaint Heard in US District and Tribal Courts

On Tuesday, Judge Flores from Hopi Tribal Court heard the arguments to halt the election.

On Thursday our Complaint for Declaratory Injunction and Relief was heard in US District Court. Judge David G. Campbell heard the arguments and informed the court that he will issue his decision on Monday. Judge Flores was in the gallery.