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Navajo County Attorney Civil and criminal filings by Navajo. The judge found that the Navajo Nation is a "state" or "territory" within the meaning of the Uniform Act, that the Navajo Nation had enacted a reciprocal provision of the Uniform Act, and that the courts of the Navajo Nation are "courts of record" within the meaning of the Uniform Act.
Tracy then sought special action relief in the court of appeals. The court declined to accept jurisdiction, a majority of the panel finding that the Navajo Nation may be considered a state or territory whose courts are covered by the Uniform Act:. Tracy then filed a special action in this court, seeking to quash the superior court's orders.
He presented the following issues for our consideration:. Whether the moving papers that the Navajo Nation presented to the superior court judge were defective. Whether Tracy can be considered a "necessary and material witness," for purposes of the Uniform Act, in light of his intent to refuse to testify before the Navajo District Court. Whether the superior court judge erred in ruling that the Navajo Nation is a state or territory within the meaning of the Uniform Act. Whether Tracy and the other petitioners face undue hardship under A. We find no basis to question the superior court judge's finding that the moving papers were adequately presented.
We address the remaining three issues. Tracy argues that he cannot be a necessary and material witness given his intention to invoke the privilege against self-incrimination. The superior court judge disagreed. He correctly held Tracy's testimony necessary and material. A witness cannot circumvent the Uniform Act by claiming his intent to assert the privilege before the questions are actually posed in the proceeding to which the privilege will pertain.
See State v. Schreuder, P. The privilege is a matter to be ruled on by the court conducting the trial. In re Pitman, 26 Misc. See generally Thoresen v. Superior Court, 11 Ariz.
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The role of the court issuing the subpoena is only to determine that the testimony of the witness, if given, would be material and necessary to the proceedings. See A. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
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Accordingly, Tracy is a necessary and material witness despite his stated intention to invoke his privilege against self-incrimination. The definitional section of the Uniform Act reads as follows:. Thus, the validity of the superior court's order turns on whether the Navajo District Court is a court of record[4] of "any territory of the United States. In People v. Superior Court Jans , the California Court of Appeal became the first and only court thus far to consider whether the Navajo Nation is a territory for purposes of the Uniform Act. In a well-reasoned opinion that examined the purpose and policy behind the statute and the jurisdictional relationship between the tribes and the states, the court concluded that the Navajo Nation constitutes a territory for purposes of California's Uniform Act and that the superior court had jurisdiction to summon a California resident to appear as a witness in a criminal proceeding before the Navajo District Court.
California's Uniform Act is substantially identical to Arizona's. Because we must construe Arizona's Uniform Act in light of our own state policies, however, and because Tracy has pointed to the fact that on a different issue a panel of our court of appeals concluded that the term "territory" did not include Indian tribes, we undertake a thorough analysis of statute and case law to determine whether the Navajo Nation constitutes a territory for purposes of the Uniform Act. Arizona's Uniform Act defines state to include "any territory of the United States.
See, e. Kopel v. Bingham, U. The Bingham-Lane definition of territory encompasses only organized territories that derive their power from Congress and is but one definition courts have given to territory.
Significantly, this narrow and technical definition of territory originated at a time in this nation's history when the United States did not have the same relationship with various quasi-sovereign entities i. Standard Oil, U. Shell Co. Kaplus, F. Comm'n v. Capital Growth Co. Au, 67 Haw. Garcia v. Friesecke, F. From the authorities cited, it is clear that the term territory is susceptible of interpretation because it does not have a "fixed and technical meaning that must be accorded to it in all circumstances. Therefore, we must determine whether the Navajo Nation may properly be considered a territory within the meaning of Arizona's Uniform Act.
Tracy cites Kriz v. Buckeye Petroleum Co. Accordingly, Tracy argues that because the Arizona legislature that adopted the Uniform Act could not have contemplated tribes as territories for purposes of the Act, we cannot now interpret the Uniform Act to include the Navajo Nation. We do not find this argument persuasive. In Kriz, we also stated that where the statutory language does not indicate the legislature's intent as to a particular application of the statute, we must "read the Act as a whole, looking to its subject matter, effects and consequences, reason, and spirit.
Farmers Ins. Arizona's Uniform Act was adopted by the legislature without indication as to its prospective scope. Laws, ch. Essentially, Tracy and the dissent argue that because the legislature did not contemplate applying the Act to the Navajo Nation, we may not now make such an application.
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Under this view of statutory construction, Arizona would also be unable to recognize the Virgin Islands and Puerto Rico as territories for purposes of the Uniform Act. We believe that sound principles of statutory construction preclude such a narrow reading of the Uniform Act. Circumstances constantly arise presenting factual situations that were unforeseen at the time a statute was adopted. Consequently, the interpretation of general remedial statutes cannot fairly be limited to only those specific applications clearly contemplated by the legislature at the time of enactment.
Such a limitation would impose an impossible burden on legislatures. We note that the framers gave Congress power only to raise and maintain an army and navy.
Unless they were as prescient as Tennyson,[8] neither those who framed nor those who ratified the Constitution could have contemplated that this language would include an air force.