HOUSE JOINT MEMORIAL 33

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Ray Begaye

A JOINT MEMORIAL

URGING THE UNITED STATES CONGRESS TO AUTHORIZE NAVAJO NATION PEACE OFFICERS TO INVESTIGATE ALL CRIMES COMMITTED WITHIN THE BOUNDARIES OF NAVAJO RESERVATIONS AND TO AUTHORIZE NAVAJO COURTS TO TRY AND TO PUNISH ALL OFFENDERS.

     WHEREAS, the New Mexico legislature has heard the call of its constituents, the Navajo people, who endure a high crime rate, including felonies that are not prosecuted; and

     WHEREAS, the criminal atmosphere surrounding the Navajo people is causing a state of fear and sincere concern for the public safety; and

     WHEREAS, lack of knowledge and trust as well as cultural, language and geographical barriers and limited human resources have been obstacles to the adequate investigation and prosecution of crimes committed within the Navajo reservation; and

     WHEREAS, federal investigators and prosecutors have been reported to be indifferent to Navajo people and communities, and this alarms and concerns New Mexico state legislators; and

     WHEREAS, the state of New Mexico and the Navajo Nation have been engaged in a respectable government-to-government relationship for many years and have solidified trust in each other; and

     WHEREAS, Section 29-1-11 NMSA 1978 authorizes tribal peace officers to make arrests for violation of state law, which allows tribal officers to gain considerable knowledge about state and federal laws; and

     WHEREAS, the New Mexico and Navajo attorneys general regularly consult each other on law enforcement and other legal matters; and

     WHEREAS, the state of New Mexico no longer holds racial attitudes that once placed a limitation on the duty of Navajo peace officers; and 

     WHEREAS, the state of New Mexico calls upon the United States to live up to its trust responsibility for Indian tribes, the Navajo people and shared constituents;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress be requested to authorize Navajo Nation peace officers to investigate crimes and to file complaints diligently in the Navajo tribal court; and

     BE IT FURTHER RESOLVED that Navajo peace officers be granted the power to cooperate with agencies of the state and the United States to develop and carry on a complete interstate, national and international system of criminal identification and investigation and to furnish information about offenders to any court, district attorney or police officer of the state; and

     BE IT FURTHER RESOLVED that the United States congress revisit and review the jurisdictional limitations imposed upon Native American law enforcement by the Indian Crimes Act, 18 U.S.C. 1151; and

     BE IT FURTHER RESOLVED that the United States congress provide funding for additional training for Navajo peace officers and Navajo courts in microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and other sciences and skills relating to crime control and the detection, apprehension, identification and prosecution of criminals; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation, to the president and attorney general of the Navajo Nation, to the speaker of the Navajo Nation council, to the Navajo public safety committee of the Navajo Nation council and to the interim Indian affairs committee of the New Mexico legislature.

- 4 -