AP-005-89*
No. J-0058-89
Amos Poocha,
vs.
HOPI CHILDREN'S COURT, et al.,
Respondents.
For Respondents: Dorma L. Zahne, Presenting Officer,
Hopi Tribe, Keams Canyon, Ar.
Before
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]