The Navajo Nation District Court in Window Rock, Arizona. Photo from Navajo Nation Courts
The Navajo Nation is defending its court system from an "attack" by The Church of Jesus Christ of Latter-day Saints. Four Navajo citizens have sued the Mormon Church, alleging they were sexually and physically abused during their participation in the Indian Student Placement Program. Their lawsuits were filed in the Navajo court system. The Mormon Church, though, is asking a federal judge in Utah to prevent the tribe's court from hearing the cases. Church attorneys claim the tribe lacks jurisdiction over non-Indians and over activities that occurred off the reservation. The Navajo Nation is fighting back and wants the Mormon Church to exhaust its remedies in the Navajo court system before going to federal court. The exhaustion doctrine gives a tribal court "a full opportunity" to determine its own jurisdiction, the U.S. Supreme Court wrote in the Iowa Mutual Insurance Company v. LaPlante decision from 1987. "The Nation has an interest in seeing that all Plaintiffs, including religious organizations, respect the jurisdiction of its courts," the tribe's motion to intervene reads. "If Plaintiffs are allowed to operate on the Navajo Reservation without being “subjected” to the jurisdiction of the Nation then the Nation’s interest clearly will be harmed." A hearing on the tribe's motion took place on Monday afternoon, The Salt Lake Tribune reported. Thousands of tribal youth took part in the Indian Student Placement Program between 1947 and 2000, when it was officially disbanded. They were placed by the Mormon Church in homes while they attended schools, typically off the reservation. Read More on the Story:
Navajo Nation seeks to intervene in abuse lawsuit against Mormon church (The Salt Lake Tribune 8/20)
Lawyers in sex abuse lawsuits push judge to order deposition of LDS Church president (FOX12 8/16)
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