Author Archives: Indian Legal Program

Job Opportunity: Assistant General Counsel – Salt River Pima-Maricopa Indian Community

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Definition: Under general supervision of the General Counsel, provides legal review and advice to the Salt River Pima-Maricopa Indian Community (SRPMIC or Community) government. Ensures that applicable laws are followed so that tribal sovereignty is protected and enhanced. Provides assistance to avoid or prevent expensive legal disputes and litigation and protects the Community’s legal interests. Assignments in this job may include legal work for specific departments (i.e. – SRPMIC Public Safety Departments – Fire, Police, Emergency Management, and Department of Corrections).

See more at: https://www.governmentjobs.com/careers/srpmic/jobs/3461235/assistant-general-counsel?pagetype=jobOpportunitiesJobs

Success at the Ninth Circuit Court of Appeals for the Indian Legal Clinic

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The Indian Legal Clinic represented the appellants in the United States Court of Appeals for the Ninth Circuit (Case no. 21-35230, Newtok Village v. Andy Patrick) in an appeal from the United States District Court for the District of Alaska that involved defending tribal sovereignty from unlawful intrusion by federal courts.

On behalf of their clients, the clinic appealed an adverse permanent injunction issued by the District Court of Alaska and argued that tribal sovereignty to resolve intratribal disputes prevents federal courts from intervening on such matters and that the District Court of Alaska lacked jurisdiction. On December 22, 2021, the Ninth Circuit unanimously agreed with the appellants’ arguments and vacated the district court’s orders. Judge Richard C. Tallman wrote the opinion, concluding, “Continuing to enforce the permanent injunction here risks the federal court’s impermissible involvement in interpreting the Tribe’s constitution and laws.” 

Indian Legal Clinic Director Patty Ferguson-Bohnee argued the case before the Ninth Circuit Court of Appeals on November 9, 2021. Watch the recording of the oral argument. Vinnie Amato (3L) assisted with research. Native Vote Fellow Torey Dolan (’19) and Jens Camp (’21) assisted in drafting the briefs before the Ninth Circuit. Dolan provided notes for the oral argument preparation, and Native Vote Fellow Blair Tarman-Toner (’21) and Dolan assisted in preparing and refining Ferguson-Bohnee’s oral argument. The ILC collaborated with co-counsel James J. Davis, Jr. of the Northern Justice Project LLC in Anchorage, Alaska.

Performing Estate Planning in Indian Country

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The Indian Legal Clinic successfully and safely completed two in-person Indian Wills Clinics with Quechan Indian Tribe and Pechanga Band of Luiseño Indians. Under the direction of Professor Helen Burtis (’07), 3L student attorneys Jacob Broussard, Liliana Elliot, Lindsay Ficklin, Zaine Ristau and Dwight Witherspoon drafted estate planning documents that are designed to provide allotment owners with wills that conform to the provisions of American Indian Probate Reform Act. The past few years have highlighted the need for elders especially to execute Indian wills.

In September, the clinic executed 14 wills for members of the Quechan Indian Tribe near Yuma, Arizona. In October, the clinic executed 16 wills for members of the Pechanga Band of Luiseño Indians in Temecula, California. 

Students appreciated the hands-on experience with Native American clients, especially being able to interact with clients in person again, albeit with safety precautions. “I find doing the Wills Clinic really rewarding,” said Elliott. “I learned a lot that I think will be helpful as a future Indian Law attorney.” 

Witherspoon added, “I appreciate working with Native American clients and assisting them with their allotments that pertain specifically to Native American clients in addressing their estate planning needs.” 

We appreciate the tribes for their generous hospitality and hosting the Indian Wills Clinic at their facilities. The clinic is planning additional Indian Wills Clinics for next semester. 

Innovative Traveling Class

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This year, 26 ILP students spent their fall break in Washington, D.C. for the “Federal Advocacy for the Tribal Client” traveling class. The class offers practical application of the government-to-government relationship, which was led by ASU Law’s Indian Gaming and Tribal Self-Governance Director Derrick Beetso (’10).

With the support and commitment from ASU Law and ILP alumni, and other innovative professionals volunteering their time, the students gained a valuable learning experience. The volunteers included Saba Bazzazieh (’08), Allison Binney (’00), Tana Fitzpatrick (’08), Charlie Galbraith (’06), Brian Gunn, Sam Hirsch, Krystalyn Kinsel (’15), Matthew Murdock (’13), Sarah Murray, Breann Swann Nu’uhiwa (LLM ’09), Rebecca Ross (’10), Stephanie Sfiridis (’16), Ryan Smith (’98), Joel West Williams, Rani Williams (’18), the Office of Tribal Justice at the Department of Justice, the Office of Regulatory Affairs at the Department of the Interior, the Office of the Assistant Secretary-Indian Affairs, the House Subcommittee for Indigenous Peoples, and the Senate Committee on Indian Affairs. 

In addition to participating in the class, students met with ILP partners and supportive law professionals. On Oct. 13, students, alumni, faculty and friends joined together at the Arizona State University Barrett and O’Connor Center for our D.C. Mixer. Thank you to everyone who was able to attend!

“The course could potentially open so many doors to exciting new possibilities,” said MLS Richard Picard. “While no one could ever replace Professors Ann Marie Bledsoe Downes and Larry Roberts, Professor Beetso is a wonderful addition to the ASU team as his dedication and excitement for the future of Indian Country truly reverberates through his instruction.”

For additional photos and student testimonials, take a look at our social media posts that include 3L Hilary Edwards and 2L Michael LaValley. 

We appreciate the following firms for taking time to talk with our students and hosting meals: Brownstein Hyatt Farber Schreck, Powers Pyles Sutter & Verville PC; Hobbs Straus Dean & Walker, LLP; Rosette, LLP; Jenner & Block; Sonosky, Chambers, Sachse, Endreson & Perry, LLP; and Akin Gump Strauss Hauer & Feld LLP.

Job Opportunity: Attorney

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Yavapai-Apache Nation

The Attorney position represents the Yavapai-Apache Nation on a wide range of legal issues including drafting of codes and policies, negotiation and review of contracts and other agreements, advising the Tribal Council and its departments and entities, and representing the Nation before the Tribal Courts of the Nation and other tribal, federal, and state courts and administrative tribunals under the direction of the Attorney General.

See full job description.

How to apply:  Please submit your resume and application to:
Yavapai-Apache Nation / Human Resources
2400 W. Datsi / Camp Verde, AZ  86322
P:  928-567-1062 / Fax:  928-567-1064
Or email to shall@yan-tribe.org or ppierce@yan-tribe.org
Applications can be located at: www.yavapai-apache.org

Job Opportunity: Mid-Level Associate

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Sacks Tierney

For over 60 years, Sacks Tierney has distinguished itself through cause-related volunteerism and legal involvement in local and national issues; offering litigation services and experience competitive with much larger firms; and pioneering expertise in legal areas of special value to Arizona clients. For more information about Sacks Tierney, visit www.sackstierney.com.

Sacks Tierney is currently seeking a mid-level associate with 2-4 years of experience to join our Indian Law practice. Applicants must have excellent research, analytical, and writing skills. In addition, the successful candidate must have strong academic credentials, and must be licensed to practice in Arizona. Qualified applicants should submit a cover letter, resume, law school transcript and a writing sample to Laura Nance by email at laura.nance@sackstierney.com.

Job Opportunity: Associate Attorney

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Rothstein Donatelli LLP

The Tempe, Arizona office of Rothstein Donatelli, LLP is seeking an associate attorney for its Indian law practice. Rothstein Donatelli has offices in Santa Fe and Albuquerque, New Mexico, as well as in Tempe, Arizona where we specialize in federal Indian law, including gaming, economic development, Indian Child Welfare Act, Indian health law, labor and employment law, civil litigation, 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.

Rothstein Donatelli is interested in an attorney with two or more years of experience with a demonstrated commitment to the highest quality of legal practice. The ideal candidate will have excellent research and writing skills and experience working with tribal communities. Familiarity with Indian law is preferred. Interested candidates should send a cover letter, resume, references, and writing sample to Firm Administrator Manya Snyder at info@rothsteinlaw.com. The position will remain open until filled.

Job Opportunity: Associate Attorneys

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National Majority-Indian Owned Law Firm Seeking Associate Attorneys
Rosette, LLP is a leading majority-Indian owned national law firm who’s dynamic approach and practice area diversity is unparalleled for our size firm. We specialize in federal law and it’s application to tribes, tribal business, complex litigation, government negotiations, financial transitions, tribal housing, land use and planning, Human Resources management, tribal energy development, and representation related to internal tribal governance matters. We are currently seeking ambitious and motivated Associate Attorneys to handle legal matters for tribal governments and tribal businesses across the United States with offices in Arizona, California, Michigan, Oklahoma, and Washington D.C.  Applicants must have a minimum of three years of experience. 

Nate Hendricks
CEO
nhendricks@rosettelaw.com
602-686-6654
565 W. Chandler Blvd. Suite 212 Chandler, AZ 85225

Apply via Email: nhendricks@rosettelaw.com

Job Opportunity: Staff Attorney + Fellowship

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Alaska Native Justice Center

Our mission is justice for Alaska Native People. We provide legal services to victims and survivors of crime. We also support and partner with Alaska Tribes to build capacity, implement cultural values and remedies, and access resources for Tribal Justice Systems. Finally, we represent Alaska Tribes in State Child of Need Aid cases where the Indian Child Welfare Act (“ICWA”) applies. The Staff Attorney manages a caseload of matters related to the above. A successful applicant will have a background in communicating and interacting effectively in cross-cultural situations, and a commitment to race equity work. Travel to both rural and urban areas may be required.

Staff Attorney | Anchorage, Alaska

Qualifications
Admission to the Alaska bar is required. Preferred experience includes family law and working with victims and survivors of domestic violence. Additional preferred experience includes Indian Child Welfare Act; Child in Need of Aid; Alaska Native Law and ANCSA.
Hiring preference given to qualified Alaska Native/American Indian applicants pursuant to P.L. 93-638 Indian Self-Determination Act.

Applying for the position
Visit ANJC website for the full job description and to apply. Applications will be accepted until the position is filled.

Fellowship | Anchorage, Alaska

About the Fellowship
The Fellowship offers a competitive salary, training, and the opportunity to work with experienced attorneys in an organization serving Alaska Tribes, tribal organizations and Native people. The Fellow will be located in Anchorage and, over the course of the fellowship, will work with attorneys in as many of our practice areas as possible. Fellows will engage in legal research and writing, litigation, communication with our clients, and administrative advocacy, among other kinds of work.

Qualifications and Selection Criteria
Applications are encouraged from recent law school graduates with a demonstrated commitment to Native law. Applicants must be eligible and qualified Alaska Native/American Indian as defined in P.L. 93-638 Indian Self-Determination Act. Preference is given to candidates who demonstrate personal or professional experience with Native communities. We seek Fellows who bring a variety of experiences to our clients and partners. Academic achievements are considered along with other factors: personal accomplishments and experience, resourcefulness, professional goals, and the capacity to work conscientiously and independently. Membership in the Alaska Bar, or willingness to obtain Alaska or other state bar membership, is preferred.


Applying for the Fellowship
Interested law school graduates and 3rd year law school students should apply here.

Native Vote Restoration

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Big win for the Pascua Yaqui Tribe

The Campaign Legal Center, Osborn Maledon and the Indian Legal Clinic represented the Pascua Yaqui Tribe in a lawsuit to restore the early voting location before the 2020 election. The Pascua Yaqui Tribe recently reached a settlement with Pima County to restore an in-person early voting location on the Pascua Yaqui Reservation. 

The right to vote for Native Americans in Arizona was only secured in 1948, and despite this right on paper, barriers to voting continue to persist and prevent Native American communities from fully participating. One such barrier was the closing of the early voting location on the Pascua Yaqui Tribe’s reservation in 2018 by then Pima County Recorder F. Ann Rodriguez. The Pascua Yaqui Tribe has been fighting to restore the site since it was originally closed in 2018 and have used every available tool to have the site restored. 

Now, the Pascua Yaqui Tribe’s efforts are finally coming to fruition with this settlement agreement, which will restore the in-person early voting location on the reservation and provide voters living on the reservation an opportunity to vote in-person early, safely, and in their community just as other Arizonans have voted across Pima County for the past four years. The settlement agreement also provides for cooperation on voter registration and outreach.  

Student attorneys Aspen Miller (’21), Jens Camp (’21) worked with Professor Ferguson-Bohnee and Native Vote Fellow Torey Dolan (’19) prepare for the preliminary injunction hearing last fall. We have been proud to stand alongside the Campaign Legal Center and Osborn Maledon in representing the Pascua Yaqui Tribe in their fight to protect their right to vote and are glad that the current Pima County Recorder Gabriella Cázares-Kelly recognizes the importance of this site and has worked with the Pascua Yaqui Tribe to reach this agreement.