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Show Public notice Enc P Swenson, 03171 PO Boa 940 MuoUcrllo. IHUH587-2M- Utah 64535 Telephone (MOli Jensie L Anderson. 6467 Amencan Civil Liberties Union of Utah Foundation, Inc 9 Exchange Place. Suite 7 IS Salt Lake Cay, UuhMlll Telephone (HOli Attorneys for Plaintiff IN THE SEVENTH JUDICIAL DLSTRUT COURT. SAN JUAN COUNTY STATE OF UTAH Jensi L AivWsoo, 6467 American Cml Liberties Umoo of Uuh Foundation. Inc. 0 Exchange PUco. Suite 71S Suit Lake City, Uuh Mill Telephone Tha Master List is the merged list used by the Utah Judicial Council The District Court Questionnaire Last is Die for ths San Juan County Distnct juror-lis- t Court which is sent by the Judicial Council VIA the Court Administrators Office to the Clerk of Court The Clerk then sends qualification questionnaires to the persons on thst list The Qualified Last contains those San Juan jurors who are on the Master Last and the Distnct Court Questionnaire List and have been through the qualification process and found to be qualified to serve as tnal jurors in the San Juan County Distnct Court Tnal Juror Venire is the list of San Juan County Distnct Court jurors who are summoned to appear and participate in the jury selection process in individual Inals Tnal Venire is the final list of San Juan County juror who are selected to serve as tnal jurors in a specific case The foregoing facts and definitions are admissible only for the purpose of enforcing or modifying this agreement or for the purpose of enforcing or modifying the orderrs of this Court in Dus case 3 This case is maintained as a class action pursuant to Rule 23 taJ & bi (2) of the Uuh Rule of Cml Procedure The class is so numerous that all of lU members cannot be joined herein, there are common questions of law and fact applicable to the class, and the claims of Plaintiff are typical of the claims of the class Plaintiff has alleged that the Defendant has acted upon ground generally applicable to the class, which alleged facu, if true, would make appropriate final injunctive relief with respect to the class a a whole Separate actions by individual members of the class would create a nsk of inconsistent adjudications with respect to the individual members of the class and would, in turn. esUbhsh incompatible standards of conduct for the Defendant Plaintiff shall represent a class of present and prospective San Juan County native Amencan jurors Notice of this agreement shall be provided to the class as follows a The proposed decree, this agreement, and a statement that any member of the plaintiff class may file a written sutement of objections with Die Clerk of Court on or before a date set by the Court, which counsel recommend be approximately 45 days alter Dus agreement is filed with the eh Court, shall be posted within three davs after the Court so orders aa follows. i Plaintiff shall post the documents at the Navajo Chapter Houses for those units of Navajo local government serving the Utah Portion of the Navajo Reservation Plaintiff shall Public notice Enc P Swsnson, 3171 PO Bn MO Mantmllo, Utah 64536 i80U621-ti- Attorney for Plaintiff IN THE SEVENTH JUDICIAL DISTRICT COURT. SAN JUAN COUNTY STATE OF UTAH LOREN CRANK. JR, Plaintiff, LOREN CRANK. JR. Plaintiff, v v JUDICIAL COUNCIL. Defendant ORDER AND DECREE Cml No 9307-2Judge Roth The Court has reviewed the Agreement of Parlies and haa found that injunctive relief ahall be granted m accordance with it It i therefore ORDERED. ADJUDGED. UTAH AND DECREED 1 The Court approve and adopt the Agreement of Parties dated March 26. 196 hich u hereby incorporated by reference into thi Judgment and Decree 2 The parties have filed satisfactory proof bowing that they have provided appropriate aa required by the Agreenotice to the cl ment of Partiea 3 The Defendant Uuh Judicial Council, tta agent, officera, aucceaaora and all peraona acting in concert or participating with it, are hereby ordered to comply with the provision of the Agreement of ParUea 4 Defendanta Lyle R Anderson. Bruce K Halliday and Bryce K. Bryner are hereby dismissed from this action, with prejudice 5 The Court shall reUin jurisdiction over this action pursuant to Paragraph Thirteen of the Agreement iff Parties. DISTRICT COURT JUDGE Approved as to Form Enc P Swenson Jensie L Anderson Attorneys for Plaintiff Ellen Maycock aDavid C Wnght Attorneys For Defendant lubhshed June 19, 26, July 3 and 10, 1996 in the San Juan Record, Monticello, Utah JUDICIAL COUNCIL, Defendant AGREEMENT OF THE PARTIES UTAH Civil No 9307-3- Judge Roth The parties desire to settle Dus litigation by It is therefore entering into this agreement agreed and stipulated as follows 1 This is an actum brought pursuant to 42 USC 1983 alleging that the Defendant and others acting in concert with the Defendant have committed acta and omissions which have resulted in the improjier exclusion of Native Amencan juror in the Distnct Court for San Juan County, Utah Plaintiff maintains that these acts and omissions violate the Filth, Sixth and Fourteenth Amendments to the United States Constitution, comparable s of the Utah Constitution, and applicable laws and regulation of the State of Utah Defendant denies these allegations There is a real and actual controversy between the parties This Court in connection with such matters has jurisdiction over this action and the parties hereto 2 The following constitute agreed tacts a Mr Crank is an adult Native Amencan resident of Monlexuma Creek, San Juan County. Utah, and an enrolled member of the Navajo Tnbe of Indians b Navajo, Paiute, and Ute Native Amen-can- s in San Juan County constitute a cognizable group c Native Amencan have been represented on jury lists used in and for the Seventh Judicial Distnct Court in the numbers and in the disparities listed in the documents attached to this Order, Judgment, and Decree as Exhibit A d The following definitions rated into this Agreement are incorpo- Hollingsworth Construction fj EQUITABLE Life General Contractor New Home Construction 801-587-29- Additions Chartered Financial Consultant 181 S Main 587-221- Pest Control Jz x REDD WEED CONTROL & Ornamental Turf 587-321- TERMITE CONTROL Permanent Delivery System and Inspections ORGANIC Will not 5 also post said documents at a suitable community meeting place located within the Ute Mountain Ute Reservation at White Meat, San Juan County, Utah. (ill Plaintiff ahall also provide notice by causing the terms of this Agreement and the propoeed Order of the Court to be presented at meeting of the aforementioned Chapter. (lu) The Defendant ahall provide notice by posting a copy iff Dus Agreement, the proposed decree, and the Notice to Class at the office of the Clerk of the Seventh District Court for San Juan County, and at the other office of the Clerk of Court in the Seventh Distnct. and the San Juan County Attorneys Office Defendant shall also post notice of Dus settlement by advertising Dus Agreement, Notice to Class and the proposed decree tn a newspaper of general circulation in San Juan County for a period iff one month Notice shall also be accomplished by advertising in the Navjo tnbal newspaper, The Navajo Tunes (iv) Plaintiff and Defendant shall file proof with the Court that they have done the foregoing in affidavit form within 10 days after said acta have been completed. Any objections should be heard by the Court on a date to be set by the Court, which counsel recommend by 60 days after Dus Agreement is filed with the Court 4 Defendant shall formulate and implement a plan to assure that Seventh Distnct Court jurors are chosen from sources reflective of a cross section of the community of San Juan County Defendant and those acting for and in its behalf will have reasonable discretion to undertake actions and implement policies which will complv with the goals of this paragraph and any plan filed pursuant to this The plan, inter aha, shall include paragraph the following a The names on the Distnct Questionnaire Lists provided to the Seventh Distnct Court pursuant to the plan shall be within on average, plus or minus, 5 per cent of the estimated percentage of adult Native Amencans in San Juan County in any given year This requirement shall be implemented as soon as is reasonably practicable, and no later than January 31, 1997 The parties recognize that there may be administrative difficulties in implementing and that the provisions of this the Defendant may for good cause petition the court for an extension of time tn which to bnng the jury lists into compliance Prior to resorting to further litigation, the parties shall engage in reasonable discussions to resolve their differences infurnially b The plan shall provide for the use of a questionnaire which shall be adequate to determine the qualifications of the jurors c The plan shall provide for the collection and proper use of demographic data sufficient to comply with applicable statues and regulations d The plan shall provide for the identification of jurors on the Qualified Lists by name, address, and race e. The plan shall also provide for the routine use of compulsory process and sanctions which are available under Utah state law or as may be available pursuant to any agreement with the Navajo or Ute tribes to encourage compliance by jurors with jury selection procedures The parties recognize, however, that compulsory process is not currently available f. Nothing in the plan or this agreement shall be construed to prevent litigants and jurors from raising in a criminal case or in a separate action the question of improper peremptory-juro- r challenges. g The plan shall be filed with the Court within six months of this Courts entry of the permanent injunction and decree. Plaintiff may within 60 days following submission of the plan file with the Court their position regarding any such proposed plan Pnor to doing so, the parties shall take reasonable measures to informally resolve any differences. The Court may then schedule a heanng on the proposed plan At such heanng, the Court may approve the plan, modify the plan, or direct that Defendant submit a new plan If no comments are received, the plan shall go into immediate effect. h Defendant may submit new or supplemental plans in the manner set forth in this paragraph as may be needed to implement the purpose and goals of this agreement 5 The Defendant shall maintain at its office and in the office of the Clerk of the Seventh Distnct Court for San Juan County, the following records: Wednesday June 19, 1996 Page 17 a Th Distnct Court Questionnaire Lai used for the Seventh Distnct Court for Sen Juan County for the ume penod in which Du Court retains jurisdiction over Du action b The Tnal Juror Venire lists and Tnal Venire lists fur each case in which such list are generated for the penod of time in which Dus Court retains jurisdiction over Dus at Uon c A record of all compulsory proem uwd to summons juror to jury duty or to complete juror qualification questionnaires d A record adequately explaining Die basia for all excused and disqualified jurors during the penod in which Dus Court retains junsdic-Uoe Each plan furmulated pursuant to Du Agreement f Plaintiff, members of the class, and class counsel shall be provided with reasonable access to mformaUon pertaining to Defendant's compliance with this agreement and the court's decree For the first three years that this g Agreement and the Court's Decree is in effect. Defendant shall file an annual report wiDi this Court stating, with specificity, the acta and procedures undertaken to ensure compliance with this Agreement and the plan or plans submitted pursuant thereto If Defendant cannot comply with this 6 agreement, the Courts decree, or any plan it submita pursuant to this agreement, then Defendant shall noufy Plaintiff and class counsel, and the Court within 60 days of such occurrence 7 Upon the expiration of a reasonable period of time following the provision of noUce to the class, and alter resolving all objection of the class to this Agreement and the proposed decree, the Court shall enter a decree incorporating this Agreement therein and restraining and enjoining the parties to abide by the terms amd provisions of this Agreement The Court's order will specify that the defendant-judge- s are dismissed from this action 8 Defendant, and all those acting in concert with it, shall, tn regards to jury selection procedures and activities in the Seventh Judicial Distnct Court for San Juan County, abide bv all applicable laws, regulations, and constitutional provisions 9 The requirements of this decree may be modified upon a showing of a significant change in law or fact If at the time modification is sought the foregoing entena does not reflect the current rule, then the parties shall coniplv with contemporary standards for the modification of consent decrees under the rules of civil procedure 10 The parties have made a separate settlement as to the payment of the costs and attorneys fees incurred by Plaintiff in bringing this action for the penod up to and including the date of the Court's entry of the permanent injunction and decree If the parties cannot agree as to Plaintiffs costs and fees, the matter shall be submitted to the Court for resolution 11 The parties, or any member of the plaintiff-ciaas- , may petition the Court for enforcement of this agreement, the Decree, or any order or subsequent orders issued by the Court Pnor to petitioning the Court, the parties shall undertake reasonable efforts to resolve such agreements informally 12 This Agreement of Parties, and any Order of the Court, shall be binding on the heirs, successors, and assigns of the parties hereto, including any courts of general junsdiction that may succeed the present Seventh Distnct Court for San Juan County The parties recognize that there are discussions underway concerning the division of San Juan County into two counties. Should San Juan County be divided, the Defendant shall be afforded a reasonable opportunity to formulate a new plan, if necessary. 13 This Court shall retain junsdiction over this action to enforce the parties' compliance with the terms of this Agreement and all orders of the Court. Should the Courts retention of jurisdiction terminate. Defendant's obligation to abide by the permanent injunction of the Court shall continue. 14 Nothing in this Agreement constitutes, or shall be construed as, an admission by Defendants of any of Plaintiff s allegations Dated this 26th day of March, 1996. sEnc P Swenson Jensie L. Anderson Attorneys for Plaintiff Ellen Maycock sDavid Wnght for Defendants Attorneys Published June 19, 26, July 3 and 10, 1996 in the San Juan Record, Monticello, Utah. PLUMBING AND HEATING FURNACES FIREPLACE INSERTS WATER HEATERS BOILERS SPRAYING contaminate fruit TREE Owned and Operated Ucensed in Utah & Arizona Family 587-277- & Associates 317 South Main, Monticello Landscaping SERVICE BRITT BARTON statements Commercial TREE Retirement & Estate Plans Insurance & Investments 'S2B0EfffiE5HS' PEST CONTROL LAWN FERTILIZING Group 6JJ1J Company COMPLETE Monticello, Utah 7 Barton Financial San Juan Residential Health Insurance Investment Plans JOHN K. BLACK Remodeling 'Monticello 81 and THE SAN JUAN RECORD 801-678-29- 61 YOUR NATURAL GAS CONNECTION 8 GRANDAtXEy ALAN S BODY SHOP OXYGEtONC zn Complete auto body & frame Most advanced paint system Windshield repair & replacement Column II is the number of Native Americans on San Juan County jury lists, identified in the Agreement of Parties as the District Court Questionnaire List, as counted by Irene Black for the For the years 1932 to 1970, there were no Native Americans on any jury lists. years Column III is the percentage of Native Americans on the San Juan District Court Questionnaire Lists as counted by Irene Black Column IV is the percentage of Native Americans aged 18 years and older, in San Juan County, recorded in the 1990 U.S. Census. The figure, 51.68, does not take into account any census under count, nor does it reflect the growth of the Native Amencan population in San Juan County relative Amencan population. to the Column V contains the absolute disparities for Native Americans. The absolute disparities are calculated by subtracting Column 111 from Column IV. Column VI contains the comparative disparities for Native Americans. The comparative dispanties are calculated by dividing column V by column IV and multiply by 100. Published June 19, 26, and July 3 and 10, 1996 in the Sn Juan Record, Monticello, Utah. 1 1480 East Central Monticello 587-262- 3 m Children stand more in need of example than criticism. |