In re Seanez

9 Am. Tribal Law 377
CourtNavajo Nation Supreme Court
DecidedJanuary 25, 2011
DocketNo. SC-CV-58-10
StatusPublished
Cited by5 cases

This text of 9 Am. Tribal Law 377 (In re Seanez) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Seanez, 9 Am. Tribal Law 377 (navajo 2011).

Opinion

ORDER OF CORRECTION

This matter comes before the Court on its own motion. Based upon our reread after the issuance of the opinion in this case, the Court made a few non-substantive changes and reissues the opinion as attached. The Court changed: 1) “six” to read “five” pay periods on pages 13 and 15, and 2) “CJA-06-10” to read “CF-12-10” on page 11. The corrected opinion, dated January 25, 2011, replaces the first opinion in its entirety.

OPINION

This matter is before the Court following a second Order to Show Cause hearing held on January 20, 2011 concerning the status of Frank M. Seanez as a member of the Navajo Nation bar. On October 22, [379]*3792010, Mr. Seanez was disbarred by this Court in a detailed opinion in which we found that his actions constituted gross misconduct. On November 24, 2010, we converted the disbarment to suspension upon Mr. Seanez’s request that we reconsider and take this opportunity “to bring the Nation together and restore the harmony so badly needed at this time” in light of “the struggles that have plagued the Navajo Nation over the past two years.” Respondent’s Petition for Reconsideration, p. 3, November 12, 2010. Applying the principle of baa hojoo bá’í yee\ we changed the disbarment to suspension solely on the bases of compassion and restoration. Opinion and Order on Reconsideration, No. SC-CV-58-10, slip op. at 14 (Nav.Sup.Ct. November 24, 2010). We considered the matter concluded.

The matter now returns to this Court with new allegations that Mr. Seanez has engaged in the unauthorized practice of law during his disbarment and subsequent suspension. Namely, he has continued to serve as and draw the full salary of Chief Legislative Counsel (CLC) of the Navajo Nation Council, signing documents and submitting draft resolutions under that title without attorney supervision.

Mr. Seanez appeared and filed his response through Counsel. Additionally, attorneys Mariana Kahn, Ron Haven, Ed McCool, Brian Quint, and Jennifer Skeet in the Office of Legislative Counsel (OLC Attorneys) filed a Response to the Order to Appear and Report on January 14, 2010 upon this Court’s summons for an OLC principal attorney to appear and explain Mr. Seanez’s employment status in that office. The OLC Attorneys have informed the Court that the office had advised the Speaker that Mr. Seanez may not serve as, nor sign documents and draft resolutions as CLC while suspended. Upon review of the response and Mr. Seanez’s reply and argument, the Court issued a verbal decision followed by a short order and now issues its detailed opinion.

I.

Upon the disbarment of Mr. Seanez on October 22, 2010, Mariana Kahn became the Acting Designated Chief Legislative Counsel (Acting CLC) of the Navajo Nation Council. We take judicial notice that when Mr, Seanez submitted his Petition for Reconsideration on November 14, 2010, it was generally understood that Ms. Kahn was the CLC and Mr. Seanez no longer served in that capacity. This was our understanding when we lifted Mr. Seanez’s disbarment and imposed suspension on November 24, 2010.

On January 7, 2011, the Chief Prosecutor of the Navajo Nation filed a Notice alleging that Mr. Seanez has continued to serve as and be paid the salary of the CLC of the Navajo Nation Council during the period following his October 22, 2010 disbarment and November 24, 2010 suspension; has signed as the CLC on documents; and has submitted a draft resolution setting forth the proper procedure for the Council’s selection of a Speaker Pro Tem in his capacity as CLC. On January 10, 2011, this Court issued a Second Order to Show Cause and Order to Cease and Desist in which we ordered Respondent to show cause at a January 20, 2011 hearing why he should not be held in contempt for unauthorized practice of law and violation of our prior orders. We further ordered that the principal attorney in the Office of Legislative Counsel (OLC) appear and explain the continued employment of Respondent as the CLC.

On January 14, 2011 we received a Response to the Order to Appear and Report, filed by the OLC Attorneys including Mariana Kahn, the Acting CLC. The OLC Attorneys provided to the Court copies of [380]*380legal memoranda that had been provided by Ms. Kahn to the Speaker and Mr. Seanez in her capacity as Acting CLC. In a December 14, 2010 Memorandum, Ms. Kahn had advised the Speaker “that having a Navajo license [is] a basic qualification of the position of Chief Legislative Counsel” and that Mr. Seanez’ conduct in signing documents and submitting draft resolutions as the CLC, “as if he has the active credentials to practice law in the Navajo Nation,” constituted the “unauthorized practice of law.” Memorandum to Lawrence T. Morgan, Speaker, by Mariana Kahn, Acting Designated Chief Legislative Counsel, December 14, 2010. At that time, Ms. Kahn obtained assurances from the Speaker that Mr. Seanez would be removed from the position and would cease to serve as CLC. However, the OLC Attorneys state that nothing was done, and Mr. Seanez continues to be on the payroll and hold himself out as CLC as of January 14, 2011. In a January 11, 2011 Memorandum to Mr. Seanez, Ms. Kahn instructed Mr. Seanez not to return to the Office of Legislative Counsel.

On January 19, 2011, Respondent filed a Reply in which he did not dispute any of the allegations in the Chief Prosecutor’s Notice. However, he stated that he disagreed with the legal conclusions of the Acting CLC and OLC Attorneys and further stated that they were not his supervisors. He contended that none of his actions constitute the practice of law nor has he violated any express order of this Court. He states that pursuant to 2 N.N.C. § 963, the CLC is not required to possess an active Navajo bar license. Contending that he has no duty to resign, he asserts that this Court cannot find him in contempt for continuing to serve as the CLC because there has been no express order issued by this Court for him to resign the position. He claims that only the Council may remove him because he serves at the pleasure of the Council. Finally, he states that drafting legislation and submitting them to the Council using the title of CLC during his suspension does not constitute unauthorized “legal services” under 7 N.N.C. § 606 or 17 N.N.C. § 377.1

Mr. Seanez attached to his Reply a Legal Memorandum he submitted to Speaker Morgan at the Speaker’s request which Mr. Seanez signed as “Attorney.” Reply, Exh. A. The Speaker had requested this memorandum for Mr. Seanez to explain the legal ramifications of this Court’s October 22, 2010 disbarment order. In the memorandum, Mr. Seanez provided the sought-for explanation and further, asked to continue as CLC pending the Court’s reconsideration, stating that he would self-regulate his job functions as CLC and refrain from performing functions that in his opinion constitute the practice of law. The Speaker signed his concurrence. Id.

We placed no time limit on Mr. Seanez’s oral argument at the Order to Show Cause hearing on January 20, 2011, which lasted one and one-half hours.

At the hearing, Mr. Seanez denied there was any impropriety in his serving as CLC and being paid the full salary of the CLC while Ms. Kahn was presented to the public as the Acting CLC. He stated that at some point, Mariana Kahn had been removed as Acting CLC and that he was legitimately the CLC. He further stated that none of the OLC Attorneys were his supervisors.

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Cite This Page — Counsel Stack

Bluebook (online)
9 Am. Tribal Law 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-seanez-navajo-2011.