Where are they now? Feat. Keith Smith (’97)

Keith Smith (’97) is currently the senior partner and founder of Smith & Shellenberger, LLC in Colorado. He started the business over 15 years ago, seven years after he graduated from ASU Law. He also sits as an administrative law judge for the Office of Hearings and Appeals for the Navajo Nation hearing ethics violation matters.

Smith knew he wanted to be a lawyer since he was 15. Smith spent much of his childhood with his Navajo grandmother, who often talked to him about politics and law.

“About the age of 13, [my grandmother] showed me some pages my grandfather found in an old metal desk he acquired from a local BIA school that was closing,” Smith said. “He was going to throw them away, but my grandmother though they were important, so she kept them and asked me to read what she had saved and interpret the English words to Navajo. I did my best to explain the complicated discussions contained in the writings. It wasn’t until over 10 years later, while attending Rebecca Tsosie’s federal Indian law class, did I realize what my grandmother had in her possession. She had excerpts of Felix Cohen’s original ‘Handbook on Federal Indian Law.’ Although my grandmother knew no more than 10 English words, she was a very intelligent woman and would often share her thoughts with me, particularly as it related to the history of our Navajo people and laws that affected us. Later, I shared this amazing discovery with my grandmother, and after I graduated from ASU Law, she retrieved the old tattered pages of what remained of the ‘Handbook,’ and gave them to me. She simply said, ‘I think these belong to you.’ She would pass on only three years after I completed law school, but these pages are one of my most prized possessions that illustrate the journey of my legal education. Thank you shimásání .”

“Since graduation I’ve encountered many new experiences and met some exciting and influential people,” Smith said. “Overall, the journey has been very rewarding.”

After graduating, he served as a staff attorney for the Navajo Nation’s DNA Peoples’ Legal Service firm in New Mexico. He then worked as in-house counsel and senior administration director for the American Indian College Fund, provided contract supervision for 31 tribal college construction projects, and later was an adjunct professor of law at the University of Denver Sturm College of Law and the University of Colorado at Boulder, his undergraduate alma mater.

In the late 90s, Smith also served as director of the Indian Legal Program.

He now practices tribal and federal Indian law at his firm, in addition to domestic relations, land issues, business law, employment matters and general civil litigation practices.

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career?

A: Every question has an answer and every problem has a solution. We are trained to find a both, and do it well.

Q: Is there anything you’ve learned after graduating that you wished you learned in class?

A: Not to get lost in the minutia of the work. Take a step back to look at the big picture. Sometimes a solution to an issue requires you to work backwards, and sometimes you may development an innovative solution to a given problem.

Q: What originally made you choose ASU Law?

A: The Indian Law Program as my main attraction to ASU Law. The staff and faculty are top-tier and I learned so much from my experience while attending ASU, both academically and personally.

Q: What is your advice for current students?

A: I come from a background of sports, particularly as a football player and coach. In that regard, I often use metaphors from sports to convey a point to my kids and past students. Law school is a series of small steps that build on each other.

  1. The hardest thing in doing anything worthwhile is, beginning the process. Just start, take one step at a time. Focus on one play at time; one quarter at time; and one game at a time. Don’t get lost in what comes after, just focus on the task at hand, complete it well and move on to the next.
  2. Do your genuine best. This standard can only be set by the individual; if you know you can do better, then do it. Don’t settle for mediocrity. This will separate you from everyone else. There will be pain, sweat and tears to achieve what you want in law school, and in life. What separates you from others is if you are willing to ‘hurt’ to get what you want. If you do you genuine best, and deep down you know you have, don’t sweat the rest, it’ll take care of itself and your efforts will not go unnoticed.
  3. Very simply put: BELIEVE. Believe you can do it, and it will happen.

Job Opportunity – Tribal Public Defender

Havasupai Tribe

Closing Date: August 11, 2019

Job Description:
The Tribal Public Defender will perform professional legal work involved in representing defendants in the Havasupai Tribal Court.

The following examples of duties are intended to be illustrative only and are not intended to be all inclusive or restrictive.

  • Defend persons charged with offenses in the Tribal Court.

  • Practice extensively in the courtroom arguing motions, trying cases to judges and juries, as well as occasionally arguing special actions and appeals.

  • Review and evaluate evidence and prepare cases for trial. Consult with clients and advise them in legal matters.

  • Interview witnesses and potential witnesses, including police officers and expert witnesses.

  • Draft legal memorandum for the Tribal Court or legal counsel.

  • Participate in plea negotiations and pre-trial discovery with prosecutors.

Minimum Qualifications:

  • Required education, training or experience to effectively represent the defendants in court (position open to both licensed attorneys and tribal advocates).

  • Ability to pass pre-employment drug and health screening. EDUCATION

  • Must have practice experience in Tribal Advocacy in Tribal Courts, a minimum of three (3) years’ experience in adult criminal and/or juvenile court including trial experience

  • Must possess knowledge of Federal Indian Law, ICRA, ICWA, and Federal rules of evidence

  • Must have never been convicted of any felonies, and no misdemeanor in the past twelve (12) months

  • Must pass a criminal back ground check

For full job description and application detail, click here.

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Job Attorney – Legal Access Attorney

Under the general supervision of the Tribal Court Assistant Director/Chief Judge, the Legal Access Attorney will assist the Yurok Department of Health & Human Services, the Chief Judge and the Yurok Tribal Court in its client services and legal matters. The Legal Access Attorney will complete a variety of professional assignments. The Legal Access Attorney will work closely with the Social Workers, Staff Attorney, Chief Judge and other department staff.

Minimum Qualifications:

  • Must have computer knowledge sufficient to do legal research; ability to use the Internet and e-mail correspondence.
  • No convictions for misdemeanor offenses within the last twelve (12) months, no previous felony convictions, or bar ethics violations or on-going ethical violation investigations.
  • No findings of a breach of bar ethics. Candidate must disclose if one has occurred or is pending review.
  • Highly skilled, both orally and in writing.
  • Must have transactional experience i.e., drafting of legal opinions and legislative drafting, etc.
  • Experience in Administrative hearings, two (2) years preferred.
  • Indian law experience, Yurok Tribe preferred
  • Indian Child Welfare Act knowledge, preferred
  • Federal, State and local governmental experience

See full job description here.

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Job Opportunity – Native American Outreach Director

The Arizona Democratic Party (ADP) is seeking a passionate, outgoing Native
American Outreach Director. The Director will, in tandem with the Political
Director and Field Director, craft ADP outreach plans and oversee the implementation of the plans and management of deputy directors.

The Native American Outreach Director will be responsible for cultivating and maintaining excellent relationships with all recognized tribes to expand our
ability to compete in local, state, and national campaigns. Responsibilities will
include creating a strategy for increased voter registration, voter awareness campaigns, social media, press and media awareness for Democratic candidates.

As a new battleground state, the Arizona Democratic Party needs a robust
program to achieve its ambitious goals.

Minimum requirements and skills include:

  • Minimum of two to three years of related political experience with a state or
    national committee, political campaign, or non-profit organization;
  • Have a clear understanding of Arizona political landscape.
  • Ability and willingness to work long irregular hours including travel in state.
  • Demonstrated experience in leadership development, electoral campaign
    management, staff management, racial justice and/or social equity work.
  • Exceptional organizational, interpersonal, and presentation skills.
  • Outstanding written and verbal communication skills, and strong attention to detail.
  • Ability to thrive in a fast-paced environment where priorities change rapidly
  • Fearlessness in building relationships and unconventional alliances.

HOW TO APPLY: This is a full-time position. Please send brief cover letter and
resume to operations@azdem.org with subject line “Application: Native
American Outreach Director” by August 15, 2019.

Download full job description here.

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Job Opportunity – Assistant Attorney General

The Office of Attorney General represents the Tohono O’odham Nation in litigation and other legal matters.  The Office seeks two Attorneys with at least 1 year of experience to fill two (2) Assistant Attorney General positions. Specific areas of need for the Office of Attorney General are healthcare law and contracts.

Qualifications:
Graduate of accredited law school and admitted to practice in at least one state; licensed in Arizona or admitted within 18 months of employment; at least one year of experience in general Indian tribal law; experience in healthcare and contracts a plus.

Salary/Fringe Benefits:
Salary approximately $86,000 to $145,000 depending on experience; group health/life insurance, 401(k) retirement plan and other benefits provided.

Application/Information:
Submit resume, legal writing sample and names, addresses and telephone numbers of three references to Joshua Rees, Acting Attorney General at joshua.rees@tonation-nsn.gov.

Deadline:
Applications accepted until position filled.

Primary Contact:
Joshua Rees
Acting Attorney General
joshua.rees@tonation-nsn.gov
520-383-3410
PO Box 830 Sells, AZ 85634

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Job Opportunity – Attorney General

Tohono O’odham Nation
Sells, Arizona

Closing date: September 3, 2019

Position Summary: The attorney general provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation, a federally recognized Indian tribe with 2.8 million acres of reservation land in Southern Arizona. The attorney general represents the Nation in all legal proceedings, and in other matters that affect the legal interests of the Nation; advises senior management and tribal officials; and supervises assistant attorneys general and contract attorneys. (Job description available at http://tolc-nsn.org)

Minimum Qualifications: Juris doctorate from an accredited law school, a licensed attorney admitted to practice before the highest court of a state of the United States, three years of supervisory experience and ten years of experience in the practice of law. If appointed, must be admitted to State Bar of Arizona within 18 months. Subject to background investigation.

Indian Preference:
Preference in filling vacancies will be given to (1) enrolled members of the Tohono O’odham Nation, (2) enrolled members of other tribal nations or tribes, (3) other candidates.

Application Process:
Interested applicants should email a completed application form (available at http://tolc-nsn.org), resume, letter of interest, and three writing samples. Writing samples must include at least one pleading or substantive memorandum filed in court. Only electronic submissions will be accepted. Please provide all application materials to:
ATTN: Julianna Saraficio, Legislative Assistant
Tohono O’odham Legislative Branch
Julianna.Saraficio@tonation-nsn.gov
(520) 383-5260 (office)

Download job announcement: AttorneyGeneral_Job_Announcement.updated.

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Job Opportunity – Indian Law Attorney

Rosette LLP is a majority-Indian owned and operated law firm providing legal services to federally-recognized Indian tribes and their governmental entities and agencies nationwide.
We are currently seeking an attorney for the Firm’s Chandler office, in Chandler, Arizona, who has three to five years of relevant experience. Candidates must be a member in good standing of at least the Arizona Bar. Preference will be given to attorneys who are licensed in multiple jurisdictions, as well as those who have an established commitment to protecting the interests of federally-recognized Indian Tribes and matters involving Native American heritage, as well as a keen interest and experience in Federal Indian law including in the areas of litigation (in tribal, state and federal courts), transactional law, gaming law, internal tribal governance matters, lobbying, water law and/environmental law.

*We recognize we recently ran an ad but have since filled that position, and are hiring an additional Attorney.

The ideal candidate must be self-motivated and willing to work in a dynamic atmosphere with minimal supervision. Strong interpersonal, analytical, problem solving, organizational and communication skills are required. Must have the ability to build and maintain strong client relationships. Must be willing to travel and work on client matters throughout the United States.
We offer competitive salary and benefits, including health care, 401k, and vacation.

Application Information
Application Method(s)

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Job Opportunity – Law Fellow

Coyote Valley
Band of Pomo Indians

Job Summary:
The Coyote Valley Band of Pomo Indians is seeking a legal fellow that will assist the General Counsel with the provision of legal services to the Tribe, including the Tribal Council and various Tribal departments. The Tribe is willing to assist the successful applicant in obtaining student loan forgiveness through any available public service debt elimination programs.

Qualifications/Requirements:
The applicant must possess a Juris Doctor degree from an accredited law school, and must have graduated within the last five years. The applicant must also be willing to take the California Bar exam and pass such exam within six (6) months of hire. The applicant must also have the ability to work a flexible schedule including evenings, weekends, and holidays. The ideal candidate would have taken Indian Law classes, or have practiced in the Indian Law field. The candidate must have excellent written and oral communication skills, as well legal analysis and research
skills.

Essential Functions:
1. Perform related duties as determined by the Tribal Council, General Counsel, and Tribal Administrator.
2. Interpret and apply broad organizational policies and objectives into defined programs or services.
3. Appear in matters as assigned involving the Tribe in state, Tribal or federal court.
4. Work with outside specialists and consultants.
5. Attend required meetings and trainings.
6. Cultivate and maintain relations with Coyote Valley Tribal Court staff, Bureau of Indian Affairs, United States Attorney, Mendocino County District Attorney, Mendocino County Sheriff, Ukiah police department and contracted attorneys.

How to Apply:
Please email your resume, a cover letter, and two writing samples to Paul Fernandez at housingdirector@coyotevalley-nsn.gov. Please include “Coyote Valley Legal Fellowship” in the subject line of the email. At least one of the writing samples should be in the nature of a legal memorandum or scholarly legal article. They also must be written solely by the applicant. Applicants will not be considered without a cover letter and writing samples.

Other:
1. The Tribe is willing to assist the successful applicant in obtaining student loan forgiveness through any available public service debt elimination programs.
2. Preference in filling vacancies is given to qualified members of the Coyote Valley of Pomo Indian Tribe or qualified Native American candidates in accordance with the Indian Preference Act (Title 2, U. S Code). Coyote Valley of Pomo Indian Tribe and its enterprises are committed to achieving full equal opportunity without discrimination based on race, religion, color, sex, national origin, politics, marital status, physical disability, age or sexual orientation.
3. Must be sensitive to the needs of the Indian community, their culture and traditions.
4. Salary is negotiable based on experience.

For job announcement, click here.

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Job Opportunity – Director

Indigenous Initiatives
University of Toronto, Canada
Director

Deadline: July 3, 2019
Salary: 109,555-127,814

Faculty / Division: Human Resources and Equity  Department: Human Resources and Equity  Campus: St. George (downtown Toronto)    Description:     Reporting jointly to the Vice-President & Provost, and the Vice-President, HR & Equity, the Director of Indigenous Initiatives works in partnership with members of the University’s senior leadership team to effectively engage academic and shared service divisions, as well as faculty, staff, and students in supporting the University’s strategic vision coming out of the Truth and Reconciliation Committee report, and oversees successful implementation of the recommendations. The Director, Indigenous Initiatives will work with existing portfolios to review related structures and initiatives, and will make recommendations regarding changes to, and the creation of, new structures and processes to implement Indigenous initiatives in order to work towards reconciliation with Indigenous people and communities. 
The Director, Indigenous Initiatives manages the operations of the Office of Indigenous Initiatives, providing daily supervision of the staff as well as long-term operational resource planning for the unit. The Director, Indigenous Initiatives will also work closely with Indigenous faculty members who may be appointed as academic advisors in areas such as: mentorship of Indigenous faculty members; curriculum development related to Indigenous knowledge; and protocols for community-based research involving Indigenous peoples.

The Director, Indigenous Initiatives engages Indigenous people in and outside of the University in the mission of the University, broadly intersecting with such areas as teaching and learning, student experience, faculty and staff recruitment and engagement, and community-based research. In addition, the Director, Indigenous Initiatives will Co-Chair the Council of Aboriginal Initiatives and other related advisory bodies and committees.
  Qualifications:     (MINIMUM)
Education:
Graduate degree in a relevant field or equivalent combination of education and experience.

Experience:
Minimum 10 years’ experience working with complex issues related to Indigenous issues as well as equity and diversity as they relate to faculty issues, human resources, the student experience and the workplace. Demonstrated experience leading and implementing complex projects. Experience designing and delivering educational programs is required. Experience working with students, faculty, and staff, and an appreciation for the diverse backgrounds and experiences of the University’s community. Thorough understanding of the Ontario Human Rights Code and relevant legislation/case law. Experience working within a post-secondary context is strongly preferred. Demonstrated experience in creating and maintaining strong relationships with internal and external stakeholders and experience acting at the senior level as an ambassador for the needs of Indigenous communities. 
Skills:
Computer experience required, including use of Microsoft Word and Excel. 

Other:
Highly developed oral and written communication, analytical, relationship management and organizational skills. Demonstrated collaborative approach to problem solving. Ability to make sound decisions quickly based on available and sometimes limited information, and to take prompt, decisive action. Demonstrated ability to interact and collaborate with individuals at all levels within the University as well as externally, including students, staff, faculty and community partners. Demonstrated experience developing and leading staff. Ability to deal with senior University Officers in a manner which facilitates cooperation. High degree of political acuity and judgment. Flexible listener. Ability to work independently and as part of a multi-disciplinary team. Must embrace diversity and inclusion as an integral component of a quality university experience. Ability to produce detailed and comprehensive reports from a large volume of complex information. Ability to plan strategically, initiate action and achieve desired outcomes for multiple complex and multi-faceted institutional projects and initiatives in both political as well as culturally sensitive environments. Comprehensive knowledge of Indigenous culture, with an ability to leverage or develop a strong network of contacts within Indigenous communities.   Travel: None    Employee Group: Professional / Managerial    Appointment Type: Budget – Continuing Schedule: Full-time  Pay Scale Group and Hiring Rate: PM 6 — Hiring Zone: $109,555 – $127,814 — Broadband Salary Range: $109,555 – $182,591     Job Field: Administration  Job Posting: Jun 11, 2019  Job Closing: Jul 3, 2019, 11:59:00 PM

For more information, click here.

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