Tribe fires back at ex-judge

FORT DUCHESNE, Uintah County — The leadership of the Ute Indian Tribe says it plans to fight a lawsuit filed by the nation's former chief judge.

Larry Kee Yazzie alleges that he was terminated without cause by the tribe's Business Committee in February and that he wasn't given the required 60-days notice specified in his contract. He contends that he was fired because of a sentence he handed down in a case where a Business Committee member's relative was the victim.

Tribal leaders said in a news release that they will defend themselves against what they called Yazzie's "unlawful lawsuit." The release said the Business Committee determined it would not renew Yazzie's contract because it discovered he had engaged in "conduct unbecoming a member of the judiciary."

"Mr. Yazzie had numerous convictions for DUI and other related offenses," Irene C. Cuch, vice chairwoman of the Business Committee, said. "In addition, he had misinformed the Business Committee that he was a fully licensed member in good standing of the state bar, when in fact this was not the case."

A check of the Utah State Bar's Web site on Thursday showed Yazzie's status listed as "active."

Cuch also disputed the former judge's claim that he was fired because of a sentence he had handed down.

"The tribe is appalled that Mr. Yazzie would allege he was released for his sentencing practices while on the bench for cases that had involved individuals related to the Business Committee," she said. "The Business Committee has never interfered with the role and function of the Ute Indian Tribal Court."

Instead, Cuch said, Yazzie was only appointed to a one-year contract, not a permanent term as he contends. She said tribal leaders chose not to renew his contract once they had "determined that Mr. Yazzie's criminal background and misrepresentations to the tribe did not meet the ethical standards of conduct expected of an officer of the court."

Yazzie's claim of a permanent appointment appears to be supported by a copy of the contract he provided to the Uintah Basin Standard in April. That contract, and a copy of a subsequent Business Committee resolution ratifying it, makes no mention of a one-year term limit or steps for renewal of the contract.

In its news release, the Business Committee said it had reached a severance agreement with Yazzie before he filed his lawsuit in early April. Under that agreement, tribal leaders said they paid Yazzie for work that would have occurred within 60 days, with payment made in lieu of the 60-day notice required in his contract.

The release said the tribe also provided the former judge with a letter of reference to help him secure future employment.

"Mr. Yazzie accepted the letter and payments that the tribe had given to him in good faith, and then came back to the tribe demanding more money, which we refused to provide," Cuch said. "We believe Mr. Yazzie was treated fairly and justly by the tribe in this matter."

Cuch added: "Honorable people do not bring a lawsuit against the tribe only so that they can get more money after they have accepted a settlement that was offered in good faith."

E-MAIL: geoff@ubstandard.com