Indian Legal Clinic offers rights restoration to the Hopi Tribe

On Nov. 30, the Indian Legal Clinic (ILC) partnered with the Hopi Tribe and hosted a Rights Restoration Workshop to offer free legal assistance with restoring civil rights after a felony conviction. Student attorneys Maryam Salazar (3L), Clayton Kinsey (3L) and Natalia Sells (3L) traveled with Director Patty Ferguson-Bohnee and Democracy Director Joel Edman to Kykotsmovi Village, Arizona on the Hopi Reservation to meet with the Hopi Chairman, Timothy Nuvangyaoma, and other tribal members to present information on rights restoration. During the workshop, the student attorneys presented information on the rights restoration process for single and multiple felonies, marijuana expungement and the set aside process.

“It was an enriching experience to go out to the Hopi reservation and have their tribal leaders really engage with the information we were sharing, including how they could implement it into their tribal community programs,” said Natalia.

In Arizona, if a person is convicted of a felony, they automatically lose certain civil rights. These include: the right to vote, to hold public office, to serve on a jury and to possess a firearm.

Native populations are disproportionately impacted by these punitive laws due to being overrepresented in the criminal justice system. Arizona has more restrictive felony disfranchisement laws than 40 other states, according to the American Civil Liberties Union of Arizona (ACLU) of Arizona. The Sentencing Project reported Arizona disenfranchised over 5% of the voting population in 2022, almost half of those disenfranchised had completely served their sentence.

The ILC remains dedicated to supporting citizens’ equal opportunity to vote.

“It’s insane to see how much rights restoration workshops are needed in the community and how many people would benefit from having their rights restored who may or may not know they need it,” said Natalia.

“This experience was great because it allowed us to apply what we learned in the classroom setting to the real world, especially in tribal communities. Working with real clients shows the impact our legal education can have in our own communities.”

We look forward to future community partnership events and appreciate the Hopi Tribe for hosting the Rights Restoration Workshop. 

ILC photographed with Hopi Tribe Elections Board

For more information, please contact Joel Edman at jedman@asu.edu. If you need your rights restored in Arizona, please submit this form.

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Honore Callingham (’18)
Law Fellow, Indian Legal Clinic, ASU Law

Student attorneys representing in Tribal Courts

 

In September, Professor Patty Ferguson-Bohnee and the Indian Legal Clinic students Autumn Adams (3L), Clayton Kinsey (3L), Maryam Salazar (3L), Natalia Sells (3L), Sophie Staires (3L) and Alexandra Trousdale (3L) traveled to the Gila River Indian Community Courthouse in Sacaton, Arizona and observed arraignments in person.

While at the Court, the Clinic student attorneys were sworn in to the Gila River Indian Community Court by Chief Judge Anthony Hill (’06). Judge Charles Aragon led an informative tour during which the students met other judges and staff. Before visiting the courthouse, the student attorneys met with members of the Gila River Prosecutor’s Office. ILC student attorneys work with the Gila River Prosecutor’s Office on traffic trials. Staires was prepared to represent the Gila River Indian Community in a civil traffic trial, but exercised prosecutorial discretion after investigating the facts.

On Sept. 29, Kinsey, Sells and Trousdale made their first appearance in the Ak-Chin Indian Community Court with supervising attorney Kate Rosier, to represent defendants at arraignment hearings.

Kinsey and Trousdale share their student perspective with the ASU Indian Legal Clinic.

Kinsey: Getting the opportunity to take on cases through the Ak-Chin Tribal Court, as a defense student attorney, is some of the most meaningful work I’ve done in law school. We get to work directly with real clients that are often facing substantial consequences if convicted. It’s a pleasure to provide them legal assistance while gaining real-world experience.

I would advise anyone considering a clinic to jump right in. In two months, I’ve learned so much about the courtroom, evidentiary proceedings, and working with actual clients. Working in Tribal Courts is something that so few law schools offer—I feel privileged to attend a law school that prioritizes such a connection to the surrounding Tribal communities.

Trousdale: Practicing in tribal court as a law student is a great experience. As someone who wants to be a litigator in tribal court, my experience in the clinic gives me time and experience to learn about the process, procedures and practice before entering my career. I enjoy having the opportunity to work with real clients. It helps prepare me for different situations I may face when I begin working. As well, it gives me a better understanding of applying the law to different cases.

My advice for future clinic students is to go in with an open mind. There are a lot of valuable learning experiences in the clinic. You may have an idea of the kind of work you want to do after school, but the clinic can show you other fields of work you may enjoy that you have otherwise not considered or ruled out completely.

On Oct. 5, Salazar made her first appearance with supervising attorney Ferguson-Bohnee, also to represent a defendant at an arraignment hearing. 

The Indian Legal Clinic appreciates the Gila River Indian Community and Ak-Chin Indian Community for providing clinic students formative career experiences.

Tribal Court Trial Skills 2023

After a multi-year postponement due to pandemic-related safety concerns, the Indian Legal Clinic was very excited to once again present its bi-annual Tribal Court Trial Skills College for tribal court practitioners.  
  
The Trial Skills College was an intensive, four-day session that provided practical, hands-on training for advocates to develop and refine the skills necessary to try cases in tribal court. The program culminated in a mock trial held on the last day. 
  
Held in May, twelve tribal court advocates from Arizona, New Mexico, Wyoming and Montana participated.  
  
Students praised the program for the guidance it provided them and the cameraderie experienced throughout the event. In addition to the classroom and simulated training received, the Trial Skills College provided the tribal court lay advocates with a rare opportunity to gather and share with others in similar positions at other tribal nations.  
  
ASU Law alumni served as trial consultants for the students and presented as members of the faculty on topics ranging from ethics to closing arguments including Landon Antelman (’11), Fernando J. Anzaldua (’13), Derrick Beetso(’10), Helen Burtis (’07), Jennifer Giff (’95), Ed Hermes (’13) and Ben Rundall(’14). The Honorable Anthony Hill (’06), Honorable Kaniatarí:io Jesse Gilbert(’07) and Kevin Pooley (’15) served as judges during the simulated trial.  
 
Other experienced litigators and judges who volunteered their service included Eric Dahlstrom, Louis Mallette, Sonia Martinez, Pilar Thomas, Jose Valles, and the Honorable Ida Wilber. 

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

Wills and Probate at Gila River

The Indian Legal Clinic students in the Wills & Probate section finished up there semester with a wills clinic at the Gila River Indian Community (GRIC) on March 30-April 1. The wills clinic was held at the District 4 Multi-Purpose Facility and was the first one held for the Community.  

The students’ services were appreciated by the GRIC elders. “I’m going to tell my sisters and brothers and my nieces and nephews they should do this because they need a will!” said one satisfied elder.

Great job to ILC students: Sukhleen Bal (3L), Christina Bustamente (3L), Hannah Dunham (3L), Devorah Kalani (LLM), Courtney Kamauoha (3L), Molly Lathrop (3L), and Sierra Porritt (2L).

We appreciate the Gila River Indian Community for their hospitality and hosting a wills clinic at their facilities.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

Repatriation of cultural objects

This year, the Indian Legal Clinic (ILC) student attorneys Brittany Habbart (3L) and Ruben Zendejas (3L) prepared a comment on the repatriation of cultural objects for a new Austrian repatriation project created by the Advisory Committee for Guidelines for Collections in Austrian Federal Museums from Colonial Contexts convened by the Federal Ministry of Arts, Culture, Civil Service and Sport (BMKÖS). BMKÖS requested comments and suggestions while Austria is considering new laws and policies about when to repatriate and the process of repatriation for a variety of materials. Certain items within Austria’s collections have a history of colonialism, violence, or otherwise did not have meaningful consent. The country has opened the important discussion about the way museums acquired their collections, including Austria’s federal museums, and how to address those items present-day. 

The ILC comment suggests, “that meaningful repatriation policy consider all cultural items from historically colonized communities to be subject to and open for repatriation; make considerations for formally recognized indigenous governments, as well as other smaller indigenous communities and even, if necessary, individual claimants; and, the burden of proof be not placed solely on Indigenous communities, but on the western institutions themselves. Further we advise the museum to consider the possibility of digital repatriation — the authorization of licenses, copyrights, etc. — where physical repatriation is not wanted, needed, or possible.” 

The Indian Legal Clinic worked with Professor Trevor Reed to prepare the comment.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

ENTRY LEVEL PROSECUTING ATTORNEY

FACTOR I: GENERAL DESCRIPTION OF WORK

This is a professional position for an entry level attorney with the primary responsibility, through specialized training and skill to represent the Confederated Salish and Kootenai Tribes and its governmental departments in the Tribal Court, alternative dispute resolution mechanisms and, when necessary, at public hearings. The position will independently present cases in the Tribal Court. The Incumbent shall, under the general direction of managing attorney, act as legal advisor and staff counselor to the Tribes for the Tribal Prosecutor’s Office with respect to the following matters which are not all inclusive:

  • Act as Tribal Prosecutor in Criminal and civil matters as required.
  • Act as counsel for the Tribes in Tribal Fish and Game cases;
  • The attorney will compose legal materials, conduct legal research, and effectively communicate with legal professionals and other interested parties in criminal matters and Tribal Fish and Game matters arising from duties assigned;
  • Represent Tribal interests routinely litigated in Tribal Court or Tribal Court alternative dispute resolution mechanisms;
  • Attorney shall conduct communications and liaison with federal, state and local governmental agencies and with private corporations, firms, or individuals in carrying out an authorized assignment, in conformity with practices necessary to property, conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned;
  • The Attorney will be expected to act as Tribal Prosecutor for and on behalf of the Tribes in Tribal Court proceedings, but may be required to appear as such before other courts, tribunals, departments, agencies and committees of Congress and the State legislatures as requested by Council;
  • Attorney shall provide technical assistance to Tribal Law and Order with regards to state, federal and local policies and regulations and the Tribal Law and Order Code;
  • Attorney must have working knowledge and competency with case management software (Advologix strongly preferred);
  • Perform all legal assignments designated by the Managing Attorney and/or Tribal Council.

o A primary responsibility of the position will be reviewing reports and drafting complaints

FACTOR II: DIRECTION RECEIVED

The position is under the general supervision of the Managing Attorney. The position uses experienced judgment and discretion to prioritize assignments and determines the best method to accomplish work within the deadlines established by the Prosecutors Office, the CSKT Laws Codified, Federal Law and Montana Code Annotated. In addition, the position performs work as instructed and seeks guidance from the supervisor as needed.

FACTOR III: SUPERVISION EXERCISED

None.

FACTOR IV: WORKING RELATIONSHIPS

This position interacts with various members of the judiciary, representing the Confederated Salish and Kootenai Tribes in Tribal Court matters and with internal and external defense attorneys and the Tribal Membership. The position persuades, defends, discusses and justifies decision before and from the Court. Decisions based on the work of the incumbent may impact or have potential impact on the Tribal government. The incumbent is authorized to conduct communications and liaisons with federal, state and local government agencies, and with private corporations, firms, or individuals in carry out authorized assignments, in conformity with practices necessary to properly conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned. The incumbents acts as an official representative of the Confederated Salish and Kootenai Tribes.

FACTOR V: WORKING CONDITIONS

Exposure to office and Court environments with normal effort required.

FACTOR VI: QUALIFICATION REQUIREMENTS

Training: This position requires specialized knowledge acquired through intensive academic preparation at college level and/or legal educational institution. Must be a graduate of an ABA approved law school with a juris doctor or equivalent degree and admitted to practice law in the State of Montana or must be admitted to practice law in the State of Montana within six months of hiring.

Knowledge: Must have knowledge of general legal principles, criminal law and procedures, court procedures, law enforcement procedures, Federal law, Tribal Court and Indian law. Must have knowledge of the social and cultural lifestyles of the reservation community; knowledge of legal research methods, knowledge of basic legal writing and document preparation. Knowledge and working experience with word processing and related computer programs such as Word, Microsoft Outlook, Microsoft Office, LexisNexis and Practice Panther or similar case management software.

Skills: Must have strong communication skills and ability to effectively communicate with and make arguments and presentations before the Tribal Court forum. Must have the ability to compose legal materials, conduct legal research, and have effective interview techniques. Must have the ability to present cases in the Tribal Court form independently.

Abilities: Applicant must have no criminal convictions other than minor traffic infractions for which the punishment does not include the possibility of a jail sentence. The successful applicant, if not already employed by the Tribes must pass a pre-hire drug test and serve a mandatory six (6) months probationary period.

Associate Job Announcement

The Santa Fe, New Mexico and Tempe, Arizona offices of Rothstein Donatelli, LLP are each seeking an associate for their Indian law practice. Rothstein Donatelli has offices in Santa Fe and Albuquerque, New Mexico, and Tempe, Arizona. The Indian law practice in Santa Fe specializes in federal Indian law, including gaming, economic development, water rights, land rights, civillitigation, and transactional matters. Tempe specializes in federal Indian law, including gaming, economic development, Indian Child Welfare Act, Indian health law, labor and employment law, and transactional matters. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes. More information about the firm is available at www.rothsteinlaw.com.
The ideal candidate will have three or more years of experience with a demonstrated commitment to the highest quality of legal practice, excellent research and writing skills, and an interest in representing tribal Nations. Experience in Indian law is not required. Interested candidates should send a cover letter, resume, references, and writing sample to Manya Snyder at info@rothsteinlaw.com. The positions will remain open until filled. Salary competitive in the Santa Fe and Tempe markets and depending on experience.
Rothstein Donatelli LLP provides equal employment opportunities to all employees and applicants for employment without regard to race, color, ancestry, national origin, gender, sexual orientation, marital status, religion, age, disability, sex or gender identity, results of genetic testing, or service in the military. Equal employment opportunity applies to all terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence,compensation, and training. The Firm expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Improperinterference with the ability of other employees to perform their expected job duties is absolutely not tolerated. The Firm is committed to achieving a diverse workforce and an inclusive environment.

Building Communication between Tribal & Federal Courts & the Agencies Administrating Justice in Indian Country

Friday, October 21, 2022
9:30 a.m. – 12:00 p.m.

Sandra Day O’Connor Courthouse, Jury Assembly Room
401 W. Washington St., Phoenix, AZ, and via Zoom

There is no charge for this event. Space is limited and registration is required.  CLE may be available.

Registration for In Person: rsvp.inperson@azd.uscourts.gov

Registration for Virtualrsvp.virtual@azd.uscourts.gov

Link to More Information

Questions: humetewa_chambers@azd.uscourts.gov

Firm seeks 2L for 2023 Summer Law Clerk

Maier Pfeffer Kim Geary & Cohen LLP is a well-established law firm in Indian country, with a particular focus on the California region and the more than 100 federally recognized Indian tribes located there. Our partners offer decades of experience representing tribal interests on all matters affecting tribal government and reservation communities. We provide general and special counsel services on a wide range of matters including tribal gaming, governance, employment, administrative, business transactions and economic development, environmental compliance, Indian Housing/NAHASDA, ICWA, tribal TANF, state and federal taxation and land-into-trust acquisitions. In furtherance of tribal sovereignty, we work closely with tribal leaders on strengthening tribal legal systems by updating core governance documents including tribal constitutions, membership and election statutes, and a wide range of other tribal laws and administrative policies and protocols. We have successfully advised tribal governments on establishing new or expanded tribal institutions and businesses as both an exercise of sovereignty and self-determination.

MPKGC is seeking applications from second-year law students for a 2023 Summer Law Clerk for its office in Oakland, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law is strongly preferred. Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced and fun environment. MPKGC offers a competitive salary for a 10-week summer position (exact length negotiable).

To apply: interested candidates should e-mail a cover letter, resume, writing sample, and unofficial law school transcript to Ms. Bethany Sullivan at bsullivan@jmandmplaw.com by November 4, 2022.

Tohono O’odham Gaming Office, Legal Counsel

Under general direction, provides legal advice and representation to the Gaming Office; representing the Gaming Office in all legal proceedings, and in other matters that affect the legal interests of the Nation’s Gaming Office. The major work activities are generally undefined except in terms of achieving overall organization/department goals. Specific policies, procedures and guidelines are virtually nonexistent except for executive directives and accepted professional standards.

Essential Duties and Responsibilities:

  • Prepares and reviews contracts, agreements, leases, rights of way and similar documents in order to maintain the best legal interests of the gaming operation.
  • Provides legal advice and services on legal issues.
  • Studies gaming federal legislation, federal regulations, statutes, ordinances and decisions of judicial bodies.
  • Examines legal data and conducts research on assigned legal matters, draft legal memorandums summarizing results and legal conclusions.
  • Maintains professional and technical knowledge by conducting research; reviewing case histories and rulings; attending workshops, conferences and seminars; establishing networks; conferring with representatives of contracting agencies and related organizations.
  • Maintains documentation and confidentiality of all privileged information.
  • Performs other job related duties as assigned and contributes to a team effort.

For more information and to apply, go to job posting.