NABA-AZ Announcements

Please see below for the most recent news and events.
Thanks to everyone for participating in the NABA-AZ Golf Tournament on Saturday. Many thanks to Steve Heeley for organizing the event and to all of the volunteers who helped make the event a success!
1. NABA-AZ Meeting

March Board Meeting
Date: March 25, 2011
Time: 12:00 — 1:30 PM
Location: ASU Law Library
10005 E Osborn, Scottsdale, AZ 85256-4019
RSVP: By March 23 to

Please use Visitor Parking at Rural Road and Terrace. There will be reserved spaces for NABA-AZ in this structure if you arrive between 11:45 and 12:15. Advise the attendant that you are there for the NABA-AZ meeting.

2. ILP Event: “Transforming Hopi Family Conflicts through Mediation with Pat Sekaquaptewa and Donna Humetewa

Date: March 23, 2011
Time: 12:15 — 1:15 PM
Location: ASU College of Law Room 114
Cost: Free, Pizza Provided

3. Leroy Little Bear “Native Science and Western Science: Possibilities for a Powerful Collaboration,” presented by the Simon Ortiz and Labriola Center Lecture on Indigenous Land, Culture, and Community

Leroy Little Bear is a member of the Small Robes Band of the Blood Indian Tribe of the Blackfoot Confederacy; attended and graduated from the College of Law, University of Utah, with a Juris Doctor Degree in 1975. From 1975 to the end of 1996, Mr. Little Bear was a professor in the Native American Studies Department at the University of Lethbridge. From January 1998 to June 1999, Mr. Little Bear was the Director of the Harvard University Native American Program.

Date: March 24, 2011
Time: 7 PM
Location: Heard Museum Downtown
2301 North Central Avenue, Phoenix, AZ 85004
Cost: Free

4. National Native American Bar Association Meeting

Date: April 6, 2011
Time: 1 PM – 5 PM
Location: Hilton Santa Fe, at Buffalo Thunder, Pueblo of Pojoaque
*Reception to follow

5. Federal Bar Association Indian Law Conference

Date: April 7-8, 2011
Location: Hilton Santa Fe, at Buffalo Thunder, Pueblo of Pojoaque
More Info:

If you are attending the FBA Indian Law Conference, you are welcome to attend the following event hosted by the ILP Program:

What: ILP Alumni and Friends Reception
Date: Thursday, April 7, 2011
Time: 5:30 PM
Place: Kids Camp – Buffalo Thunder Resort and Casino, Santa Fe, NM

6. Civil Rights Revisited: Minority Bar Convention 2011

Date: April 15, 2011
Location: Desert Willow Conference Center
4340 E Cotton Center Blvd Suite 100, AZ 85040
Contact: Diandra Benally at

NABA-AZ is a co-sponsor of this event.

NABA-AZ/Indian Law Section Panel: Friday, April 15 — 3:15 p.m. to 4:45 p.m.
The Ethical Responsibilities of Practicing in Indian Country and Before Arizona’s Tribal Courts **Pending approval for Navajo Law CLE.

Roger Owers, Owers Altshuler, PLLC
Judith Dworkin, Sacks Tierney P.A.
Patty Ferguson-Bohnee, Sandra Day O’Connor College of Law
Sheri Freemont, Salt River Pima-Maricopa Indian Community

7. Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE

Sponsor: ILP Economic Development Program
Date: April 28-29, 2011
Location: ASU Memorial Union
Contact: Darlene Lester at
More Info:
8. Black Women Lawyers Association Awards Dinner
Date: Friday, April 29, 2011
Location: University Club
39 East Monte Vista Road, Phoenix, Arizona
Time: 5:30 PM — 9:00 PM
Cost: $50.00
RSVP: by April 24 to Le Bertha Umbreit at
480.329.9292 or mail payment to BWLAA P.O. BOX 93935 Phoenix Arizona 85070.

Award recipients include:

– 2011 Joyce Holsey Award of Excellence: The Honorable Glenda E. Edmonds, United States Magistrate Judge, United States District Court
– Exemplary Public Servant Award: Frankie Jones of the Maricopa County Attorney Office Maricopa Superior Court Commissioner Phemonia Miller
– The Honorable Jean Williams Lifetime Achievement Award: Dr. Willie Jordan – Curtis, Assistant Dean of Student Affairs, James E. Rogers School of Law
– 2011 Champion of Diversity Award: Benjamin C. Thomas, Thomas, Thomas and Markson

Keynote speaker: Dr. Shirley Mays, Dean Phoenix School of Law.
9. Navajo Nation Bar Association Annual Conference
Date: June 9-10, 2011
Location: Gila River Wild Horse Pass Hotel,
5040 Wild Horse Pass Boulevard, Chandler, Arizona 85246
Cost: $200.00 before May 18/$250.00 after May 18/$275.00 on-site
RSVP: See attached registration form

10. Admission on Motion Materials

Many thanks to the Admission on Motion Joint Committee between the Indian Law Section and the Native American Bar Association. This Committee is led by Faith Klepper and sought to review and revise the Admission on Motion materials to include Indian law within the materials. The Committee has finished its review and will be presenting its recommended changes for consideration. The following individuals contributed to the revisions.

Professional Responsibility: Faith Klepper
Torts: Brad Bledsoe Downes
Contracts: Roger Owers
Civil Procedure: Faith Klepper
Real Property: Roger Owers
Family Law: April Olson
Criminal Law: Sheri Freemont

And special thanks to Mandy Cisneros and Darlene Lester at for fixing the link to the tribal court list that was included in the Professional Responsibility section.

11. GAO Report on Tribal Justice

The Government Accountability Office issued a report on Tribal Justice. For a copy of the report, click on

12. Legal Updates

Wapato Heritage v. US, No. 09-36150 (9th Cir, March 22, 2011).

The Ninth Circuit issued a decision today regarding lease renewals on federal trust land. Excerpt from the Opinion:

“Plaintiff-Appellant Wapato Heritage, L.L.C. (Wapato), appeals the district court’s order denying its motion for summary judgment and motion for reconsideration, and granting Defendants-Appellees’ motion for summary judgment and motion to dismiss. We address whether Wapato’s predecessor-in-interest, William Wapato Evans, Jr. (Evans), effectively exercised his option to renew a lease agreement (Lease) between Evans and certain Native American landowners(Landowners) covering real property known as Moses Allotment No. 8 (MA-8). The district court ruled that Evans did not comply with the Lease’s requirements that he notify all the Landowners that he intended to renew the Lease. Wapato, the current holder of all the Lessee’s rights under the Lease, timely appealed. We have jurisdiction under 28 U.S.C. § 1291.

Wapato argues on appeal that the terms of the Lease are ambiguous as to whether the Bureau of Indian Affairs (BIA) was a Lessor under the Lease, therefore precluding summary judgment. We hold that the Lease is not ambiguous and that the BIA was not a Lessor under the Lease. We also hold that Evans (and later Wapato) failed to provide the required notice to the Landowners and thus did not effectively exercise the option to renew the Lease. Wapato’s other claims of error are addressed in a memorandum disposition filed contemporaneously with this opinion. We affirm.”

Get the decision at

Indian Law Supreme Court Mid-Term Update

Check out Turtle Talk’s Supreme Court Mid-Term Update at

Spring FBA Indian Law Section Newsletter

See attached newsletter from the FBA Indian Law Section.

13. BOG Liaison Report

See attached BOG report filed by NABA-AZ’s liaison Ted Campagnolo.

14. Tribal Civil and Criminal Assistance Grants

BJA FY 11 Tribal Civil and Criminal Legal Assistance Grants, Training, and Technical Assistance, For more information:
Document Type: Grants Notice
Funding Opportunity Number: BJA-2011-2968
Opportunity Category: Discretionary
Posted Date: Mar 15, 2011
Creation Date: Mar 15, 2011
Original Closing Date for Applications: May 12, 2011
Current Closing Date for Applications: May 12, 2011
Archive Date: Jun 11, 2011
Funding Instrument Type: Grant
Category of Funding Activity: Law, Justice and Legal Services
Category Explanation:
Expected Number of Awards: 15
Estimated Total Program Funding:
Award Ceiling: $1,150,000
Award Floor: $0
CFDA Number(s): 16.815 — Tribal Civil and Criminal Legal Assistance Grants, Training and Technical Assistance
Cost Sharing or Matching Requirement: No
Eligible Applicants
Others (see text field entitled “Additional Information on Eligibility” for clarification)

Additional Information on Eligibility:
Applicants in Category 1 are limited to tribal and non-tribal non-profit (Internal Revenue Code (I.R.C.) § 501(c)(3)) entities that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines. Federal poverty guidelines are updated every year by the U.S. Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services ( Applicants in Category 2 are limited to tribal and non-tribal non-profit (I.R.C. §501(c)(3)) entities that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines, Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services ( Applicants in Category 3 are limited to national or regional membership organizations and associations whose membership or a membership section consists of judicial system personnel within tribal justice systems.
15. Jobs

A. NOAA Deputy General Counsel

Attached please find a Vacancy Announcement for a Deputy General Counsel position in the DC office of the General Counsel for the National Oceanic & Atmospheric Administration. I have included the document in both WORD and PDF format. This information may also be found at the website linked below ( We would appreciate your posting and/or distributing the details of this position to your membership.

B. Spokane Tribal Attorney Positions



C. Pima County Court Commissioner

Presiding Judge Hon. Jan E. Kearney announces that the Court’s Merit Selection Committee is accepting applications for the position of full-time Commissioner. This position will be vacated by the anticipated retirement of Hon. Deborah Ward.

The duties of this position include serving as a judicial officer primarily in areas including family law and child support, but with periodic responsibilities in cases involving probate, guardianship and conservancy, proceedings under Title 36 of the Arizona Revised Statutes, and such other areas as the Presiding Judge may require. This position operates under the legal authority granted in ARS 12-213 and serves at the pleasure of the Presiding Judge. Current annual salary is $130,500.

A commissioner of the superior court shall: Be a duly licensed member of the state bar of Arizona; Have engaged in active general practice of the law for a period of not less than five years next preceding their appointment; and Have substantial family law experience; probate law experience is also desirable.

Please submit resume with the Application. Applications are available on the 9th floor reception of the AZ Superior Court in Pima County, or may be downloaded from the Court’s website at ; direct link Submissions must be tendered to the Pima County Superior Court, Human Resources, 110 W Congress, 9th floor, Tucson, AZ 85701; faxed to (520) 740-4253 OR e-mailed to NO LATER THAN THURSDAY, MARCH 31, 2011, by 4:00 p.m.

The applications will be submitted to the Hon. Michael J. Cruikshank, Chairperson of the Merit Selection Committee. The Committee will review the applications, interview selected applicants, and recommend candidates to the Presiding Judge, who shall make the appointment. All applications will be a matter of public record. Questions may be directed to Human Resources: (520) 740-4217; TDY (520) 740-8887.

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