here at Navajo Nation Chinle District Court where the Navajo Nation Supreme Court is now hearing legal arguments regarding the payment of the legal costs and fees of former presidential candidates Dale Tsosie and Hank Whitethorne by disqualified presidential candidate Chris Deschene in the election complaints filed against Deschene by Tsosie and Whitethorne with the Navajo Nation Office of Hearings & / Appeals, which issued a default judgment against Deschene that found that Deschene lied on his affidavit of candidacy regarding
his/ ability to speak the Navajo language fluently.

CHRIS DESCHENE’S ATTODAVID JORDAN FOR HANK WHITETHORNE
The legal costs/fees are justified because they are not for personal gain. Mr. Whitethorne came in tenth in the primary election. He filed the election complaint against Deschene for the collective rights of the Navajo people to protect their language. and that collective right is the Dine’ Fundamental Law, which is higher than individual rights. and sometimes the will of the people will turn against the collective rights of the people. Sometimes the court must rule against “mob rule.” The election complaint started because Deschene lied on his candidacy oath that he spoke the Navajo language fluently.

ED HERMES, DESCHENE’S ATTORNEY
fees shifted against Deschene will be hardship on himself and family unlike Shirley and Morgan which was shifted to government. There is public policy but Tsosie and Whitethorne have not brot any public policy. there is already enough political incentives for election complaints to be filed against candidates. Shifting fees would add to campaign costs and create barrier to running for president. up to court to weigh totality. deschene has been removed and deschene accepts. deschene has not objected. and adding fees would be unnecessarily punitives. our position is not warranted and don’t fit into narrow circumstances. Jones case, there is phamtom $5,000 completely unaccounted, no itemization. both attorney haven’t given justification for legal costs/fees, including block fees. for example – review, research, preparation of brief. there are nonlegal entries, prepare legal documents for filing and what does that mean and that is administrative and charges are duplicates. and we are talking only about one case. there are no special circumstances to allow and disagree with Tsosie and Whitethorne claim that they are disinterested parties.

NAVAJO SUPREME COURT CHIEF JUSTICE HERB YAZZIE
can u point to place in bill about phamtom $5,000

DESCHENE’S ATTORNEY
Subtotal, $875, and then $972 mileage total with no justification for about $4,000.

DAVID JORDAN
Chris Deschene put on his FaceBook i am still on ballot. i’m told i’ll get in trouble for campaigining but you won’t. 47 minutes, you hve ten minutes to go to vote. It is false to have Deschene’s attorney say that his client, Deschene is accepting will of court. go to $5,000 and why Jones went to law school, horrible mathamatician, $5,847 is correct.

And this all stated with Deschene’s false statement and Tsosie and Whitethorne and we have included depostion. this is only appeal. but to say punitive when he has refused to follow court decisions. we ask that the fees be recovered.

ED HERMES, DESCHENE’S ATTORNEY
My client has followed all rules of this court.

SUPREME COURT ASSOCIATE JUSTICE ELEANOR SHIRLEY
please explain that statement.

ED HERMES, ATTORNEY FOR DESCHENE
my client, althougH argued appeal, he accepts decision of that court and this court and to remand back to Office of Hearings and Appeals. he accepts that there has been a final ruling.

CHIEF JUSTICE YAZZIE
court will recess and make an effort to bring decision this morning.

DAVID JORDAN
will we wait for ruling before other hearing begins?

CHIEF JUSTICE YAZZIE
that is why the court will attempt to make a decision as soon as possible.

CHIEF JUSTICE
we have rule 18 C that sets 18 B that requires bill for actual amount. we heard of phamtom figure. and decision is award of costs and fees to petitioners in the amount for services and lawsuit by Mr. Jones and his client, $2,923.50. the award for Jodan and client is $3,207.33. that is decision of court and written order on Mondy. we have two other hearings today. court adjourns at 10:52 a.m.