ILP/NALSA Graduation – 5/16/9 at 5:00 p.m.

On behalf of the Indian Legal Program and the Native American Law Students Association, I would like to invite alumni and friends of the program to attend the ILP/NALSA graduation reception on Saturday, May 16th at 5:00 p.m.

The event will take place in the College of Law Rotunda. Dinner will be served. Please RSVP to Sunny Larson at by May 8th.

Amicus Brief in Northwest Austin Municipal Utility District No. 1 v. Holder

The Indian Legal Clinic and Sacks Tierney filed an amici brief in the above-reference case regarding the constitutionality of the Section 5 preclearance requirements. Indian Legal Clinic Student Attorney Nikki Borchardt (3L), Adjunct Professor and ASU Alum Judy Dworkin and Professor Patty Ferguson Bohnee prepared the brief.

Brief of the Navajo Nation, Anthony Wounded Head, et al. Amici are concerned that if the Court declares that the reauthorization of Section 5 is unconstitutional, American Indian voting rights will be significantly impacted and result in a reversal of the strides made in recent years to ensure greater Indian voter participation. This would negatively impact many American Indian voters who only recently secured the right to vote, continue to face discrimination in voting, and who cannot shoulder the financial burden to bring lawsuits under Section 2 of the VRA.

JOB: Tohono O’odham Judge (4 positions)

OPENING DATE: February 14, 2008
CLOSING DATE: Open till filled
LOCATION OF POSITION : This position is located within the Tohono O’odham Judicial Branch.

The Nation’s judges are appointed by the Tohono O’odham Legislative Council. The terms are as follows: Two judges will be appointed to six-year terms beginning February 1, 2007 and expiring on February 1, 2013. Two additional judges will be appointed to six-year terms beginning February 1, 2009 and expiring on February 1, 2015.

Under the general supervision of the Chief Judge.

A judge of the Tohono O’odham Nation, and shall have the duties/powers of the office in accordance with article VIII of the constitution of the Tohono O’odham Nation, and shall have such powers as provided herein:
(1) Hear and determine, when so assigned by the chief judge or the deputy chief judge, any matter arising under the law, ordinances and constitution of the Tohono O’odham Nation and grant, when otherwise required enter an order or judgment in favor of a party. Readvertised 10-29-08
(2) Hear and determine an uncontested or contested petition(s) for adoption, custody, dependency, guardianship of other similar proceeding the status of minors, and incompetence of incapacitated persons.
(3) Hear and enter judgment in criminal misdemeanor of juvenile/child/offender cases.
(4) Hear and determine any matters pertaining to evaluation, treatment and placement of mentally ill person(s).
(5) Hear and determine any matter pertaining to dissolution of marriage, probate of estate and any matter filed pursuant to the civil laws of ordinances of the Tohono O’odham Nation.
(6) Grant and order(s), judgment(s) or decree(s) on written stipulation in accordance with agreed terms and conditions.
(7) Hear and rule on any motion of application relative to an Order, Judgment or Decree granted or signed by a judge, provided that the motion or application is made in accordance with the applicable Rules of Court Procedure.
(8) Issue orders to show cause requiring any person(s) to appear before a judge of the Tohono O’odham Courts to show cause why the Court should not issue a contempt of court.
(9) Issue civil and criminal arrest warrants pursuant to the rules of civil and criminal procedure.
(10) Enter an ex parte order, provided a judge shall not make ex parte orders which would deprive a person from custody of a child of deprive a person of his liberty, or grant injunctive relief, without notice and opportunity to appear being given to each person who may be affected, expect in default hearings of for necessary, temporary matters preceding a hearing.
(11) Grant an order of judgment, provided there are uncontroversial facts to support such order of judgment of grant other ancillary or extraordinary relief as may be necessary to effectuate any term of condition heard and determined.
(12) Perform such other judicial duties as assigned.

(1) Admitted to, and a member in good standing with, a state bar and federal bar; possess a juris doctorate degree, and have at least three years of experience as a practicing attorney in the field of Indian law, or Readvertised 10-29-08
(2) Possess a bachelor’s degree and at least six years of work experience and training in judicial of law-related field which provides the desired knowledge, skills and abilities.

 Working knowledge of tribal laws and applicable state and federal laws.

 Working knowledge of applicable criminal, civil, traffic laws and regulations.

 Working knowledge of judicial practices and procedures within Indian country.

 Working knowledge of the organization, functions and legal limitations on the authority of Indian tribes.

 Skills in the preparation and argument of legal memoranda, orders, judgments, and decrees.

 Good writing and verbal skills.

 Ability to research, interpret and apply legal principles and precedents to matters or cases arising under the Nation’s laws or Constitution.

 Ability to perform the duties of the office impartially and diligently and to avoid any appearance of impropriety in all activities.

 Ability to uphold the integrity and independence of the judiciary.

 Ability to improve the law and the administration of justice either by speaking, writing, lecturing, teaching or participating in activities concerning the law of judicial services.

 Ability to regulate all extra judicial activities to minimize the risk of conflict with the judicial duties.

Requirements marked with a ** are preferred and requirements underlined are mandatory.
(1) Preference given to qualified, enrolled members of federally recognized Indian tribes with first preference to qualified, enrolled members of the Tohono O’odham Nation Readvertised 10-29-08
(2) ** Ability to speak or understand the O’odham language.
(3) Applicant will be required to go through an extensive nationwide background investigation check . Background check shall include criminal history, driving record litigation, past of pending, and may include financial information check and checks of other background information concerning the applicant.

NOTE: Conviction of a misdemeanor involving a serious crime or of any felony and/or conviction of a driving under the influence of major traffic offense within the past three years shall automatically disqualify the applicant. Serious crime is defined as any crime, which involves interference with the administration of justice, perjury, misrepresentation, theft or moral turpitude including a conspiracy, solicitation of attempt to commit a serious crime.
(4) Must be fingerprinted
(5) An application for employment must be submitted with a resume and three reference letters — applicant will not be considered if application, resume and reference letters are received of postmarked after the closing date.
(6) ** Valid Arizona driver’s license (must be able to obtain Arizona license upon beginning of employment).
(7) Must provide copies of college diploma(s) and bar certification if an attorney.
(8) Must take pass oral and written examination on legal questions and matters to illustrate knowledge of judicial and legal requirements.

SALARY: $70,070.94 to $76,485.48
– Group health and life insurance, 401(k) plan, and as well as other benefits are provided.
Applications for employment are available from the Tohono O’odham Legislative Branch and must be submitted to:

ATTN: Judiciary Committee Chairperson Application must be submitted to the
Tohono O’odham Legislative Branch Legislative Branch Administration
Post Office Box 837 During the hours of 8:00 A.M. –
Sells, Arizona 85634 5:00 P.M. Monday thru Friday
(520) 383-5260 EXCEPT HOLIDAYS

Pro Bono Winners!

Congrats to our students who earned Pro Bono Distinction!

Highest Pro Bono Distinction (150 hours or more) — Joe Sarcinella
Pro Bono Distinction (50 — 99 hours) — Nikki BorchardtCongratulations for Sarah Cedar Face for being selected for a Summer Fellowship!

Pro Bono Participants
Sarah Cedar Face
Dan Lewis
Brad Martin
Rebecca Ross
Naomi White
Mandy Cisneros
Michael-Corey Hinton
Pat Kincaid

JOB: Hoopa Valley Tribe – Tribal Attorney

Date: 4/23/2009 10:23:07 AM

Contact: Rosella Moon

Employer: Office of Tribal Attorney
Address1: Hoopa Valley Tribe
Address2: Post Office Box 188
CityStateZip: Hoopa, CA. 95546

Fax: 530-625-4847

AcceptingCalls: No

JobTitle: Attorney
Salary: 56K DOE
Hours: 40 HRS. A WK.

Description: Tribal Attorney, contractual, $56,000, Neg. DOE. The Hoopa Valley Tribe, a federally recognized Indian Tribe located in Hoopa, CA, seeks an attorney to fill the position of Tribal Attorney. The successful candidate will serve in the Office of Tribal Attorney under the supervision of the Hoopa Valley Tribal Council and the Tribal Chairman; Provides a broad range of legal services to the Hoopa Valley Tribe, including without limitation, advice, negotiation, drafting, research, lobbying, litigation in civil matters and representation in administrative proceedings as well as other duties as assigned. Attorney will not proved legal service to individual tribal members except upon the formal direction of the Hoopa Valley Tribal Council. The successful candidate will receive all benefits provided by the Tribe to its other employees including sick, bereavement, and annual leave, retirement plan, health, dental, vision, and life insurance. REQUIREMENTS: CA. bar membership; experience in Indian law and civil litigation as well as self-governance, gaming, contracts, environmental, water, economic development and employment law is preferred.

Experience: Graduate,Current Bar Members
Submit: Resume,Cover Letter,Writing Sample
SendBy: Fax,Email

Deadline: 09/30/2009

ILP Students co-author "Arizona Attorney" article

ILP students co-author ‘Arizona Attorney’ article

Indian law should be added to the Arizona State Bar Examination for practical and professional reasons, according to an article written by two students in the College of Law’s Indian Legal Program and published in the May issue of Arizona Attorney.

“State and tribal interactions are increasing at an exponential rate,” wrote authors Brian Lewis (Choctaw) and Raymond Campbell (Gila River Pima), third-year students at the College of Law who are working in its Indian Legal Clinic. “In Arizona today, attorneys need to have at least a modicum of Indian law knowledge to serve their clients competently. And learning at least some Indian law will ensure that Arizona’s attorneys meet the requirements of the Arizona Rules of Professional Conduct.”

Many Indian law issues may arise in Arizona, from the adoption of Indian children and probate of real property on tribal lands to auto accidents on reservations that may involve complex jurisdictional dilemmas, Lewis and Campbell wrote in the article, “Indian law: A needed addition to the Arizona Bar Exam.”

The magazine invited the students to write the article, because a proposed Arizona Supreme Court rule change would include Indian law as a topic to be tested on the Bar exam. The comment period on the proposal ends May 20.

In 2003, New Mexico became the first state to include Indian law on its Bar exam, followed by Washington state in 2004, and other states are working to add it, Lewis and Campbell wrote. Arizona, the state with the largest percentage of Indian lands in the country, should not fall behind, they wrote.

To read the full article, click here.

Taxation on Indian Reservations




Judge Irvine has been a judge of the Arizona Court of Appeals since 2002. He received his B.S. and J.D. from ASU, and an LL.M in Taxation from the University of San Diego. From 1989 to 2002, he served in the Arizona Attorney General’s Office in various capacities. During his tenure at the AG’s Office he chaired the Open Meeting Law Enforcement Team, Opinion Review Committee, Indian Law Working Group and Election Law Committee. He previously worked as an Assistant General Counsel to the Gila River Indian Community, a tax manager for an international accounting firm, and in private practice.


TIME: 11:45 — Registration/Lunch
NOON — Program

COST: $25.00 (Section Members) – $30.00 (Non-Members) — Lunch Provided

4201 N. 24th Street, Phoenix, AZ
(East side of 24th Street, a half block north of Indian School
Front of building faces east — plenty of parking)

May Qualify for MCLE Credit

REGISTRATION/RSVP FORM — Please Respond by Friday, April 24, 2009.

____ I will attend the Tax Law Section Educational Luncheon on TUESDAY, April 28.

___ I am bringing _____guest(s). Name(s) _________________________________

My payment in the amount of $_____________

______is enclosed ______will be paid at the door.

(Tax Section Members ~ $25.00 each; Non-Members ~ $30.00 each)

You can RSVP by:

Mail: State Bar of Arizona, PO Box 53099, Phoenix, AZ 85072-3099
Fax: 602.416-7504

NAME_____________________________________BAR NUMBER _______________

_____ Check made payable to the State Bar of Arizona

_____ VISA ______MasterCard ______American Express ______Discover Card

I hereby authorize the State Bar of Arizona to charge the above amount to the following credit card.

CARD # ____________________________________EXP.DATE ________________

CVV2# (3-4 digit code on back front of card)________________

NAME ON CARD (if different from above)_____________________________________

CARD BILLING ADDRESS ___________________________________________________



For accounting only: Tax Section T617-4520-002

To facilitate participation in programs and events the State Bar of Arizona provides reasonable accommodation in accordance with the Americans with Disabilities Act. If you require accommodation, please indicate this on your RSVP form. Whenever possible accommodation requests should be made as far in advance of the program as possible.

Nancy L. Nichols
Administrator, Committees & Sections
State Bar of Arizona
4201 N. 24th St., Suite 200
Phoenix, AZ 85016-6288
Direct Phone: 602-340-7304
Direct Fax: 602-416-7504