HOPI CHILDREN'S COURT, et al.,
For Respondents: Dorma L. Zahne, Presenting Officer,
Hopi Tribe, Keams Canyon, Ar.
SEKAQUAPTEWA, Chief Judge, and ABBEY and BENDER, Judges.
OPINION AND ORDER
the death of the child's brother. The Detention Hearing was held on July 10, at which time the Tribal Court Judge (Leslie, J.) ordered that the minor remain in detention until further order of the Court. The Judge also ordered that the minor be closely monitored periodically due to the seriousness of the charges pending against him.
Because the petition challenged the legality of ongoing pretrial custody of a minor child, we reached an immediate decision. Our denial of the petition was communicated to counsel and the Children's Court on August 28, 1999, along with our stated intention to issue an opinion at a later date giving the reasons for our decision.
Subsequently, we were informed that shortly after our denial of the Petition, the minor child was removed from Hopi tribal custody by federal authorities, who placed him in their custody at a location off the Hopi Reservation pending federal felony charges against him. So far as we are aware, the minor has not been returned to Hopi tribal custody.
The removal of the child from Hopi jurisdiction made the proceeding before us effectively moot. A detailed explanation of our reasons is therefore not warranted. In brief, our order denying the Petition was based primarily on petitioner's counsel's concession at the oral argument that reasonable grounds for continuing pretrial detention had been presented at the Detention Healing by the Juvenile Intake Officer. At this hearing, the Judge also interviewed the child's parents.
[Note: no signatures on this one, so i wonder if it's really the final order. i can compile a list of questions/issues like this throughout the whole editing process and get answers from the court clerks office. KL]