NALSA Moot Court Teams

The NALSA students just returned from the National NALSA Moot Court in Colorado. Both of our teams (Nikki Borchardt & Brian Lewis and Dan Lewis & Liz Nazari) did well during their first two rounds, but unfortunately, neither team advanced to the Sweet Sixteen Round. Dan Lewis, 2L, took home an award for 3rd Place in the Best Oralist Category. I’m very proud of the competitors! They all worked very hard and represented us well.

JOB: Ak-Chin Chief Judge position

Job Announcement

Job Title: Chief Judge
Salary: $87,988 – $100,557 per annum
Reports to: Community Council
Supervises: Clerk of the Court, Bailiff, Probation Officers, Deputy Court Clerk, Secretary

Summary: Under general direction, presides over the Ak-Chin Indian Community Court and administers its overall functions. This is treated as FLSA exempt position.

Minimum Qualifications: Prior experience as a Judge preferred. Experience equivalent to seven years full time criminal justice, law enforcement, or closely related work, at least two years of which included supervisory/managerial responsibilities. Juris Doctorate degree from an ABA accredited university. Must be licensed to practice law in the State of Arizona, or the ability to acquire Arizona Bar Certification within one (1) year from date of hire. Must possess a valid Arizona driver’s license and be insurable under the Community’s insurance carrier (no DUI/DWI convictions within the last three years.) Must successfully complete and pass a background check.

Preference will be given to qualified Community members, then to qualified Native Americans, and then other qualified candidates. Within the scope of Indian Preference, all candidates will receive consideration without regard to race, color, sex, age, disability, religion, national origin, or other non-merit factor. Applicants wishing to claim Indian Preference must submit a Certificate of Indian Blood or proof of tribal enrollment at the time of application.

Duties and Responsibilities:
1. Presides over trials, arraignments, and sentencing’s at the Ak-Chin Indian Community Court, including informing defendants of their rights, charges, and penalties, hearing pleas/motions, setting trial dates, hearing testimony, evaluating the facts of the case to determine guilt/innocence, determining the legal disposition of the case, and imposing the appropriate sentence.
2. Reviews/approves pre-trial settlements/agreements.
3. Adopts and amends local rules of practice to facilitate the orderly operation of the Court, so long as the rules are consistent with applicable law.
4. Creates, reviews and issues a variety of Court orders/documents, including bench warrants, subpoenas, orders to show cause, and formal decisions.
5. Identifies and develops programs that provide alternative methods for the resolution of civil disputes and adopt such rules to govern the alternative dispute resolution programs so developed.
6. Identifies and develops diversion programs for adult and juvenile offenders, for purposes of rehabilitation, and adopts rules to govern the diversion programs.
7. Trains/coordinates professional development of subordinate staff.
8. Reviews/evaluates staff annually.
9. Develops/administers the Judicial Tribal Court Services Department budget.
10. Reviews/revises policies/procedures to ensure the efficient operation of the Ak-Chin Indian Community Court.
11. Makes regular and special assignments of the pro tem judges, including the assignments of cases.
12. Exercises general supervision over all Court personnel.
13. Prescribes the powers and duties of the Clerk of the Court, in addition to those as may be prescribed by law.
14. Other job related duties as assigned.

Other Requirements:
· Must adhere to the Ak-Chin Indian Community Law & Order Code.
· Knowledge of the Arizona Revised Statutes and other State, County, and Federal laws/ordinances, and Indian case law.
· Knowledge of legal reference resource materials.
· Ability to quickly acquire knowledge of the culture, customs and traditions of the Ak-Chin Indian Community.
· Knowledge of general judicial proceedings and processes, including arraignment, conducting trials, deciding points of law, and determining appropriate sentences.
· Knowledge of general Court operations, policies, and procedures.
· Knowledge of general criminal justice system operations.
· Knowledge of general office administration/management principles and practices, including budgeting and employee supervision and training.
· Knowledge of the information/documents to be contained in Court records/case files.
· Skill in establishing and maintaining effective working relationships with other criminal justice system staff, Community officials, offenders from all socio-economic backgrounds, other Court staff, attorneys, and the public.
· Skill in evaluating the facts of a case and determining the appropriate actions to be taken.
· Skill in preparing a variety of narrative and statistical reports, including summaries of Court activities.
· Skill in interpreting and applying complex laws, statutes, ordinances of the Ak-Chin Indian Community, State, County, and Federal governments and agencies.
· Skill in listening to a variety of court cases with impartiality.
· Skill in planning, coordinating, and reviewing the work of subordinate staff.
· Skill in preparing a variety of narrative and statistical reports, including budgets and summaries of Court activities.

Closing Date: Open Until Filled. To be considered for this position, please submit a complete and signed Ak-Chin Indian Community job application (additional resume optional), a 39-month driving record from the Department of Motor Vehicles, proof of tribal enrollment if claiming Indian Preference and copy of DD214 if claiming Veteran’s Preference to:

Human Resources Director
Ak-Chin Indian Community
42507 W. Peters and Nall Road
Maricopa, AZ 85238


Faxed and incomplete applications will not be considered.

The Ak-Chin Indian Community is a smoke-free and drug-free workplace

Speaker Morgan Thanks Nakai (’03) for Services

Speaker Morgan thanks Katosha Nakai for services to the Navajo Nation

Nakai becomes policy advisor to Arizona Gov. Jan Brewer

PHOENIX — The Honorable Speaker Lawrence T. Morgan thanked Katosha Nakai, lobbyist for the Navajo Nation, during a special recognition gathering held in her honor at the Lewis & Roca LLC law firm on March 4. Nakai, an attorney, was recently selected by Arizona Gov. Jan Brewer as her policy advisor for tribal affairs — a position previously held by Marnie Hodahkwen under former Gov. Janet Napolitano’s administration. Nakai (NAAH-KYE), Choctaw from Oklahoma, has been working with the Navajo Nation since 2005 as the lobbyist and liaison between the Navajo Nation and the state of Arizona, including the governor’s office. One hallmark project she was instrumental with was the $2 million appropriation for Dilkon District Court. The $2 million was split into two appropriations — $1 million in 2006 and another in 2007. It was nearly a year ago that the Judiciary Committee held a groundbreaking ceremony for the new multi-purpose building. The building was made possible through a collaborative effort between the state of Arizona, the Judiciary Committee, the legislative, judicial and executive branches of the Navajo Nation — a project that received matching funding from the tribe. Construction is currently in progress for the facility and will be ready by this summer. The 14,000 square-foot facility, designed to reflect Navajo customs, is being constructed on 2.3 acres on the corner of milepost 55 on Navajo Route 15 in Dilkon, Ariz. Nakai was very influential in securing funds for the facility with Arizona Sen. Albert Hale (D-Window Rock) and former State Rep. Albert Tom (D-Chambers) spearheading the funding request from the state of Arizona. Speaker Morgan said, “Mrs. Nakai has been extremely influential in securing vitally needed funding for the Navajo Nation — we are thankful for her services. The Navajo Nation will look forward to continuing its working relationship with Nakai and Governor Brewer’s administration.” Kee Allen Begay Jr. (Many Farms/Round Rock), appointed by Speaker Morgan to serve on the Intergovernmental Relations Committee task force on state affairs, worked with Nakai on various issues affecting the Arizona portion of the Navajo Nation. “I express my sincere appreciation for Mrs. Nakai’s tireless work on behalf of the Navajo Nation, especially our Legislative Branch,” Begay said. “Nakai advocated for the Nation on all issues with the Arizona State Legislature and with the governor’s office. She served Navajo unquestionably above what was requested of her — she helped to make our Dilkon District Court a reality.” Nakai is a graduate of Arizona State University College of Law and currently resides in Phoenix with her husband Errol Nakai (Navajo) and their two daughters.

ASU Law Journal publishes most Indian Law articles

From Professor Fletcher’s Blog – Turtletalk. Arizona State University Law Review has best Indian Law publishing record.

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Wanna know who publishes Federal Indian Law papers, and who doesn’t? Bet you probably already knew….


Matthew L.M. FletcherAssociate Professor, MSU College of LawDirector, MSU Indigenous Law Centerssrn: hosted by the University of Arizona’s IPLP Program since 2009

Gathering of Visions

Good afternoon,

The Native American Heritage Preservation Coalition has organized an event this Saturday to honor my mother, the late Jean Chaudhuri. While I have not been directly involved in the organization, the family is very appreciate of the efforts of the volunteers of this event and I would like to invite you to share the day with us. The honoring ceremony will be a part of a larger agenda for Indigenous Peoples Day, of which is also attached. Please feel free to forward this invitation to any individuals or community organizations that may be interested.

The event has been named the GATHERING OF VISIONS. This event will recognize her major contribution toward preserving the former PhoenixIndianSchool for the Native Community. It will be held in the Historic Memorial Hall at the new Steele Indian School Park from noon until 3:30 on Saturday, March 14, 2009 (enter on Indian School Road just East of Central Avenue, Phoenix).

Please see the attached letter from the chairman of the Native American Heritage Preservation Coalition, Benjamin Chee, for more information about the day.

I hope to see you there.


Jonodev Chaudhuri

Jonodev O. Chaudhuri
The Chaudhuri Law Office, PLLC
405 W. Southern Ave., Suite 2
Tempe, AZ 85282
Office: (480) 264-3315
Direct: (480) 264-3321
Fax: (480) 264-3319
Mobile: (480) 216-9483

NABA-AZ Golf Tournament


I would like to thank everyone for the great show of support to make this year’s Native American Bar Association of Arizona Golf Tournament a success. I want to remind everyone that the tournament is this Sunday March 22, 2009 at the Whirlwind Golf Club in Chandler starting at 1pm. This event is sponsored by the Gila River Indian Community, with support from the Salt River Pima Maricopa Indian Community and Fennemore Craig.

I have attached a registration form for anyone who would like to come out and support our organization that has not already registered for the event. This year’s event contests and prizes include:

1. A long drive contest with 2 tickets to a major sporting event (MLB, NFL, NHL, NASCAR, PGA or NBA).

2. A closest-to-the-pin contest with a prize of 2 tickets to an MLB, NFL, NHL, NASCAR, PGA or NBA event.

3. Four first place prizes consisting of a 4 day/3 night vacation package including Vegas, Orlando and Hawaii.

4. Four second place prizes consisting of a 3 Day/2 Night Vacation Package including Hawaii, Orlando and Vegas.

5. A fully-insured $50,000 Shootout. If a player makes the shot, we pay the $50,000 prize. (FOR THE 1ST 4 GOLFERS THAT REGISTER FOR THE SHOOTOUT)

6. A “Guaranteed Winner” Putting Contest with a 5-Day Carnival Cruise for 2 as the prize.

7. An “Outdoorsman” Hole-in-One Prize Package. (ON EACH PAR 3)

Please feel free to call me if you have any questions or concerns, I look forward to seeing you all out there and having a great tournament!



Steve M. Bodmer
Rosette & Associates, PC
565 W. Chandler Blvd., Suite 212
Chandler, AZ 85225
Phone: 480.889.8990
Mobile: 480.241.4701
Fax: 480.889.8997

Indian Legal Clinic Assists ACLU of Texas

The ASU Indian Legal Clinic, lead by Professor Patty Ferguson Bohnee, assisted the ACLU of Texas in its effort to enjoin a Texas school district from enforcing a regulation that would prevent a Native American kindergartner from wearing his hair in braids at school in violation of his constitutional rights. The policy prohibits boys from wearing long hair so the family applied for a religious exemption, which the school district denied. Because of the policy, the student was placed in in-school suspension. The student believes “that his long hair is not only an expression of his ancestry and heritage, but also a sacred symbol of his life and experience in this world,” and the requirement that boys’ hair “shall not cover any part of the ear or touch the top of the standard collar in the back” violates his sincerely held religious belief.

Last semester, Student-Attorneys Joe Sarcinella and Mike Carter assisted in drafting the complaint to include provisions regarding the importance of hair and hair’s religious significance to Native Americans. The Student-Attorneys also helped to identify ASU Professor James Riding In as an expert witness for the preliminary injunction hearing. On January 20, 2009, the Southern District of Texas permanently enjoined the School District’s dress code exemption policy, and the student is allowed to attend and participate in regular classroom activities.

Indian Legal Clinic Recognized by President Crow

President Crow today notified us that Patty Ferguson Bohnee has been selected to receive the 2009 President’s Medal for Social Embeddedness for the Arizona Native Vote — Election Protection Project. This honor recognizes the Indian Legal Clinic, Arizona Indian Gaming Association and the Inter Tribal Council of Arizona project’s superior accomplishment in identifying a community need or issue and developing mutually-supportive partnerships between ASU and Arizona communities to advance successful solutions.

The Arizona Native Vote — Election Protection Project helped strengthen the ties between the Sandra Day O’Connor College of Law and ASU with tribal communities. The Indian Legal Clinic was able to bring ASU, the College of Law, and the Indian Legal Program students, faculty, staff and alumni to tribes across Arizona by setting up volunteers on numerous reservations, a direct response to a need identified by the tribes. Throughout the election season, the Native communities of Arizona knew that the ASU Indian Legal Clinic was the principal resource for voting questions and assistance.