Author Archives: Indian Legal Program

Job Opportunity – Paid Law Clerkship

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Fall Law Clerks – Taylor & Gomez LLP

Paid Law Clerkship.  Seeking two law clerks for Fall Semester 2021.  Typically, it is 4 to 10 hours of work per week, depending on need and availaiblity, for each law clerk.  Please e-mail Resume and Writing Sample.  Looking for two law clerks interested in Civil Cases/Litigation and/or Indian Law.  We have high expectations for our law clerks, so please only apply if you have serious interest in working hard, learning, and getting legitmate, real-life work experience. 

Interviews will be via Zoom.  It is anticipated that some work for the Fall 2021 Semester will be in person in the Office. So, if that would be a problem or issue for you, then please consider whether you should apply.

Eligibility: 2L and 3L

Apply via Email: dg@taylorgomezlaw.com

Application Documents:

  • Resume (Required)
  • Cover Letter (Optional)Transcript (Optional)
  • Writing Sample (Required)
  • References (Optional)
  • Other (Optional)

Contact:
Dominic Gomez
Partner/Attorney
dg@taylorgomezlaw.com
6023948930
4022 East Broadway Road, Suite 113, Phoenix – AZ, United States (USA), 85040

Job Opportunity – Full-time Staff Attorney

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Location:
Alaska Legal Services Corporation (“ALSC”),
The Bethel ICWA attorney will be serving clients in cases primarily heard in Bethel, Alaska courts, serving clients in the YukonKuskokwim Delta.

Summary:
Alaska Legal Services Corporation (“ALSC”) is seeking a full-time staff attorney to provide legal services to Association of Village Council Presidents (“AVCP”) member Tribes and tribal members. This position primarily involves representation of tribal clients in state child welfare proceedings and enforcing the Indian Child Welfare Act, and may also involve litigating other Native law matters on behalf of AVCP Tribes and tribal members.

To learn detailed information about this position please contact:
Pearl Pickett
Native Law Supervising Attorney
ppickett@alsc-law.org
907-222-4523
1016 W 6th Ave, Suite 200, Anchorage – AK, United States (USA), 99501

Interested applicants can send the needed documents to:
Resume (Required)
Cover Letter (Required)
Transcript (Optional)
Writing Sample (Required)
References (Required)
Other (Optional)
Send to: ppickett@alsc-law.org

Job Opportunity – Associate Attorney -Sacks Tierney PA

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Location:
Scottsdale, AZ

Summary:
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.

Requirements: 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 – Attorney-Advisor (General)

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DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel

Location:
Washington, DC

Summary:
This position is located in the Department of Homeland Security (DHS), Office of the General Counsel (OGC), Technology Programs Law Division (TPD).
The primary purpose of this position is to provide legal advice for Government contracts, inter-agency acquisitions, and grants/cooperative agreements entered into by DHS’s Science and Technology Directorate (“S&T”) in the areas of research, development, test, and evaluation (“RDT&E”).

Responsibilities:
As an Attorney-Advisor (General) GS 0905 14/15, your typical work assignments may include the following:
• Provide legal advice to contracting officers, program managers, and senior officials concerning the laws applicable to all phases of the research and development contracting process, including acquisition planning, solicitation and award, contract administration, and the resolution of bid protests/disputes.
• Provide legal advice in the development and negotiation of innovative and R&D centric solicitation and award instruments (e.g., Other Transaction Agreements with consortia, contracts under S&T’s Small Business Innovation Research Program, and Partnership Intermediary Agreements).
• Provide legal advice to grants officers, program managers, and senior officials concerning the laws applicable to all phases of the research and development grants/cooperative agreements process, including solicitation and award, administration, and the resolution of disputes.

Basic Requirements:
You as an applicant must be an active member in good standing of the bar of a State, U.S. Commonwealth, U.S. territory, the District of Columbia, or the Commonwealth of Puerto Rico, and be a graduate of a law school accredited by the American Bar Association; and


GS-14 or GS-15:

  • The first professional law degree (LL.B. or JD); or
  • The second professional law degree (LL.M.) AND
  • Specialized professional legal experience in excess of three (3) years that is commensurate with the duties and responsibilities of the position. The quality of the individual’s background may be evidenced by the relatedness of his or her specialization.

To see full job description, click on the link below:
https://www.usajobs.gov/GetJob/PrintPreview/608852500

Judicial Vacancy Announcement – Tohono O’odham Legislative Branch

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Sells, Arizona
Tohono O’odham Judicial Court

Closing date: Monday, August 2, 2021
Position: Judge (one position)
Term: One term ending January 31, 2023

Length of Employment:
The Nation’s judges are appointed by the Tohono O’odham Legislative Council and serve six-year terms until a successor is appointed and sworn in. A Nation’s judge is eligible for reappointment to additional terms in office.

Qualifications:
1) Possess a juris doctorate degree and be licensed to practice in any state, be a member in good standing with a state bar association, and have at least three years of experience as a practicing attorney;
2) Possess an associate’s degree and be an enrolled member of the Nation, and have served as a judge for at least six years or have at least ten years of work experience and training in a judicial or law-related field.
NOTE: See 6 T.O.C. Chapter 1, Subsection 1103(C) at http://tolc-nsn.gov/docs/Title6Ch1.pdf for additional requirements and disqualifications.

See full vacancy description here.

Application requirements:
Applicants are strongly encouraged to submit materials electronically.
Interested applicants should submit a letter of interest, resume, three writing samples, and three reference letters along with the completed application forms available at http://tolc-nsn.gov/ to:

ATTN: Leander V. Mase, Chairperson
Judiciary Committee
Tohono O’odham Legislative Branch
Post Office Box 837
Sells, Arizona 85634
(520) 383-5260 leander.mase@tonation-nsn.gov

Indian Legal Clinic: Year in Review

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The ILC was one of the only clinics at ASU offered to law students to work in-person, which adapted to work remotely with clients during the pandemic. If there is one thing thing to take away from this last year, it is that the ILC takes nothing for granted. Ten student attorneys, including two students that returned for a second semester, billed over 3,000 hours. 

The ILC worked on 18 cases plus offered two wills clinics. Overall case subject matters included: civil, criminal, family, probate, civil rights, enrollment, land, and federal recognition. The ILC represented clients in tribal, state and federal courts, including filing a brief in the 9th U.S. Circuit Court of Appeals.

Student attorneys continued the Indian Wills Clinic partnerships with the Pechanga Band of Luiseño Indians and the Quechan Indian Tribe to draft estate planning documents under the direction of Professor Helen Burtis (’07). In October, 3L’s Mariah Black Bird, Jens Camp, Brendan Clark, Aspen M. Jensen, Dustin Rector and MacArthur Stant II executed 19 wills, financial powers of attorney, and health care powers of attorney for 14 members of the Pechanga Band of Luiseño Indians. In March, Brianna Minjarez (2L), Cierra Moore (2L), Vinnie Amato (2L) and Camp created 16 wills for members of the Quechan Indian Tribe.

“With online learning and not seeing as many people in person, it has been hard to stay cause-connected,” said Amato, one of the participating students. “Being able to help draft wills for tribal members over Zoom was a great experience because it refocused me on why I joined the Indian Legal Program. I also gained valuable skills I never would have received otherwise.”

“It was fun to get to know and offer guidance to the student attorneys, whose shoes I was in in the not-so-distant past,” said Simon Gertler (’18) attorney at Rosette, LLP who assisted as a supervising attorney. “It also served as continuing education for me in an area of law that I don’t normally practice. The best part was seeing the clients so appreciative of the students for helping them with their wills! I hope to continue being part of this special program.”

These wills clinics are designed to provide allotment owners with wills that conform to the provisions of American Indian Probate Reform Act.

2020 was a pivotal election year, especially for Arizona and Native voters! The Arizona Native Vote Election Protection Project (AZNVEP) worked tirelessly with partners—the Arizona Election Protection Coalition, the Inter Tribal Council of Arizona (ITCA), All Voting is Local, and the Native American Bar Association of Arizona (NABA-AZ)—to encourage and assist Native voters in the months leading up to the general election despite pandemic challenges. The ILC team included Native Vote Fellow Torey Dolan (’19), and 3L student attorney leads Clark and Rector, and 3L attorneys Camp, Jensen, Stant and Tarman under the supervision of Professor Patty Ferguson-Bohnee. Students even advocated for voting rights through litigation. 

The ILC worked with outside counsel to prepare an affidavit that was filed on election day to extend polling place hours and require polling locations on the Navajo Nation that opened late to also remain open late.

“Working in Chinle, Arizona with Native Vote during the 2020 election was my favorite memory in the ILC,” said Jensen. “It was touching to see many Native voters exercising their right to vote. I saw voters from before sunrise to after sunset. Some of my favorite memories of that day were seeing grandmas and grandpas wrapped up in blankets standing in line before the polls opened, helping a man who biked five miles and asked me to watch his bike while he voted, and helping a woman who stood firm after she was told the polls had closed but steadfastly held her rightful place in line until she eventually voted.”

On Election Day 2020, 100 Election Protection volunteers assisted voters at over 60 polling sites across Arizona and answered over 250 calls through the Native Vote Election Protection hotline. The ILC also worked with the Pascua Yaqui Tribe, the Campaign Legal Center, and Osborn Maledon to bring suit against the Pima County Recorder to restore early voting access. 

Student attorneys researched and wrote “Decolonizing the Mindset,” a white paper on the inherent sovereignty of non-BIA listed Tribes. During their 2L year, Nathan Frischkorn and Tarman began drafting the paper in Spring 2020 and Tarman continued to work on it this year. Clark and Jensen prepared a brochure to accompany the white paper that can be used for educational purposes. 

Last autumn, Jensen presented on “Decolonizing the Mindset” to the NCAI Federal Recognition Taskforce during the NCAI Annual Meeting. This spring, Tarman presented her paper to the Alliance of Colonial Era Tribes (ACET). ACET issued a certificate of appreciation to the Indian Legal Clinic for “Outstanding Service to the Cause of Justice for all Indigenous nations and working to decolonize the minds of Indigenous and non-indigenous Americans.”

Frischkorn (3L) and Jasmine Blackwater-Nygren (’20) with the guidance of April Olson (’06) assisted in drafting NABA-AZ’s comment in support of the Arizona Supreme Court amending its pro hac vice rules to allow nonmember attorneys representing Indian Tribes in Indian Child Welfare Act cases to appear without paying the pro hac vice fees or associating with local counsel. The amended Rule 39(a) went into effect January 1, 2021.

The ILC recently filed a brief in the Ninth Circuit Court of Appeals regarding the overreach of federal court jurisdiction in tribal affairs. Camp was the lead student attorney on the brief. During the semester, he and Amato assisted with pleadings filed with the District of Alaska in support of a motion to set aside a default judgment for lack of subject matter jurisdiction.

“The ILC gave me confidence in my abilities to work in the legal profession,” said Camp. “Thank you for being such an amazing teacher and mentor, Professor Ferguson-Bohnee! I will always appreciate how you treated the ILC student attorneys as colleagues and pushed us beyond our comfort zones. Clinic taught me more than any other course I took in law school, and I largely attribute this experience to your leadership.”

Returning student Camp received the International Academy of Trial Lawyers Award in recognition of his outstanding trial advocacy and clinical work. Earlier in the year, Camp helped draft a public comment for the National Congress of American Indians to proposed regulatory changes to the definition of habitat under the Endangered Species Act.

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

Torey Dolan (’19)
Native Vote Fellow, Indian Legal Clinic, ASU Law

Danielle Williams
Program Coordinator Sr, Indian Legal Program, ASU Law

Job Opportunity – Navajo Superior Court Position

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The Office of the Governor will review applications and interview selected applicants for the vacancy, and Governor Doug Ducey will appoint the new judge pursuant to Article VI, Section 12 of the Arizona Constitution.

Requirements: Applicants must be at least 30 years of age and less than 65 years of age, of good moral character, admitted to the practice of law in Arizona, a resident of Arizona for the past five years, and a resident of Navajo County for the past year pursuant to Article VI, Sections 22 and 37 of the Arizona Constitution

The judicial application form can be downloaded online at the Office of the Governor’s website: https://azgovernor.gov/judges.

McGirt v. Oklahoma Supreme Court Decision: Treaties Upheld

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On July 9, 2020, the Supreme Court issued its decision in McGirt v. Oklahoma and affirmed that the Muscogee Creek Nation’s reservation was never disestablished. The majority opinion strongly affirmed what Native people have known: Treaty rights are the Supreme Law of the land and do not fade with time. This historic decision is a strong vindication of the Muscogee Creek Nation’s treaty and a promising decision for all treaties. 

In their 2L year, Dylan West (Choctaw) and Blair Tarman (Chickasaw) assisted Professor Stacy Leeds (Cherokee) on the Cherokee Nation’s amicus brief.  Read the amicus brief on behalf of Cherokee here. Professor Leeds was the Salt River Pima-Maricopa Indian Community distinguished visiting Indian Law professor at ASU Law during Fall 2019 semester and taught Federal Indian law. 

From this monumental and victorious decision, people of the ILP quickly took action and poured their energy into their work.

In his interview with the Voice of America (VOA) News, Professor Robert Miller (Eastern Shawnee) stated, “The Court is upholding this 1832 treaty that the Creek Nation signed with the United States, and is holding the United States to those promises.” Watch full video here. Miller also presented, “McGirt v. Oklahoma: Understanding the Decision and its Implications for Indian Country” for the Oregon Historical Society. Watch Miller’s presentation  here.

Professor Larry Roberts (Oneida) said, “today’s decision is a significant win for the Muscogee (Creek) Nation and for Tribal Nations across the country. With the Muscogee (Creek) Nation facing opposition from the Trump Administration, this Court made clear that treaties mean something – that they are the supreme law of the land,” in his article for ASU’s American Indian Policy Institute blog. Read blog more here.

“This opinion was not given without opposition, nor does it bar Congress from breaking the treaties in the future,” said rising 2L Taylor Norman (Muscogee Creek). “What it does mean, however, is that rather than kneel to lazy reasoning or racist objection, the Supreme Court of the United States did not break any treaties today.” Read Norman’s full piece here. 

Joe Keene (’12) (Osage) and Candace French (’17) (Wichita and Affiliated Tribes) recently published an article for Sacks Tierney P.A. summarizing the McGirt case. Read the article here.

The McGirt decision sparked many conversations across Indian Country and to help bring further awareness and understanding, the Indian Legal Program hosted a case overview. “The most significant Indian Law case of the century: McGirt v. Oklahoma” webinar was held on Thursday, July 23.

  • Professor Larry Roberts (Oneida) – Moderator, Executive Director of the Indian Gaming and Tribal Self-Governance Program and Professor of Practice at the Sandra Day O’Connor College of Law 
  • Stacy Leeds (Cherokee) – Vice Chancellor for Economic Development, Dean Emeritus and Professor of Law at the University of Arkansas 
  • Professor Robert Miller (Eastern Shawnee) – Faculty Director, Rosette LLP American Indian Economic Development Program and Pedrick Distinguished Research Scholar at the Sandra Day O’Connor College of Law 
  • Jonodev Chaudhuri (Muscogee Creek Nation) – Ambassador, Muscogee Creek Nation, Partner, Quarles & Brady 
  • Derrick Beetso (’10) (Navajo) – General Counsel, National Congress of American Indian

In November, 1L Ashleigh Fixico (Muscogee Creek Nation) presented on a panel “We Hold the Government to Its Word: A Conversation about McGirt v. Oklahoma.” 

Since the McGirt decision, ILP’s Federal Indian law experts Professor Leeds and Professor Miller have been called for consultation. 

Three weeks after the McGirt decision, Leeds was appointed a judge for the Muscogee (Creek) Nation—the tribe whose boundaries were affirmed in the decision—and continues to hear cases there throughout the year. She also published two articles about the McGirt decision, one dealing with Supreme Court trends and one dealing with Indian taxation.

Professor Miller who not only published his articles, also presented multiple times. Review the full list of his participation here.

This opinion was released during great strife due to the COVID-19 pandemic and continuing racial injustice, but it has brought renewed hope that in this modern era of self-determination for Indian Country the courts will continue to vindicate the rights our ancestors thoughtfully secured for us.  

____
Torey Dolan (’19)
Native Vote Fellow, Indian Legal Clinic, ASU Law

Danielle Williams
Program Coordinator Sr, Indian Legal Program, ASU Law

Professor Miller and the McGirt case

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It’s almost been a year since the Supreme Court issued its decision in McGirt v. Oklahoma on July 9, 2020 and affirmed that the Muscogee Creek Nation’s reservation was never disestablished. The majority opinion strongly affirmed what Native people have known: Treaty rights are the Supreme Law of the land and do not fade with time. This historic decision created dialogue and research for Indian Country, especially for Federal Indian Law experts like Professor Robert J. Miller. It’s been “all McGirt, all the time,” he says.

2020

On July 12, 2020 Professor Miller was quoted in the Arizona Republic article on the McGirt case. Read article here.

On July 14, Professor Miller along with Professor Larry Roberts, presented on McGirt case to the ILP students.

On July 23, the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU hosted, “The Most Significant Indian law Case of the Century: McGirt v. Oklahoma,” webinar that offered an in-depth case overview, ” which included presenters: Professor Miller, Professor Stacy Leeds, Derrick Beetso (’10), Ambassador, Muscogee Creek Nation Ambassador Jonodev Chaudhuri and moderated by Professor Roberts. View the recording here.

On July 30, Professor Miller gave a two-hour Indian law training for the U.S. DOE Bonneville Power Administration and discussed McGirt case at length.

In July,  Professor Miller stated, “The Court is upholding this 1832 treaty that the Creek Nation signed with the United States, and is holding the United States to those promises” during his interview with the Voice of America (VOA) News. Watch full video here.

Professor Miller also presented, “McGirt v. Oklahoma: Understanding the Decision and its Implications for Indian Country” for the Oregon Historical Society. Watch Miller’s presentation here.

On August 4, Professor Miller co-presented a McGirt webinar for the American Indian Community House in New York City.

On August 31, Professor Miller presented on his upcoming paper “The Indian Law Bombshell: McGirt v. Oklahoma” to law school faculty. Co-author Native Vote Fellow Torey Dolan (’19) joined the discussion. Miller and Dolan published their law review draft article, “The Indian Law Bombshell: McGirt v. Oklahoma” in the SSRN. Read the draft article here.

Professor Miller drafted an 800-word blurb on the McGirt decision for the American Association of Law Schools’ (AALS) Indigenous Nations section newsletter.

On September 15, Professor Miller was a guest on the daily radio program Native America Calling to speak about the McGirt case. Listen here.

On September 17, Professor Miller was a panelist on a 90-minute Zoom conference for the Northeast Corporate Counsel Organization Diversity & Equity Committee and he spoke about the McGirt decision and its impact on corporate clients in Oklahoma. 

On October 26, Professor Miller spoke on a panel session about McGirt for Boston College Law School.

On November 4, Professor Miller gave a keynote speech on McGirt for the “American Society for Ethnohistory Annual Conference” at University of North Carolina. 

On November 13, Professor Miller participated in the Oregon State Bar CLE panel and discussed the McGirt case.

On November 19, Professor Miller presented a one-hour speech for the American Philosophical Society on the McGirt case. Watch the recording here.

On December 11, Professor Miller gave a presentation on his current research on the landmark Supreme Court decision in McGirt v. Oklahoma for ASU’s Indigenous Research Roundtable (IRR).

2021

On Febuary 26, 2021, Professor Miller and Dean Elizabeth Kronk-Warner gave a luncheon talk on McGirt at the George Washington School of Law.

Professor Miller and Professor Robbie Ethridge from University of Mississippi signed a contract to write a book on McGirt for the University of Oklahoma Press.

In April, Professor Miller and Torey Dolan (’19) published their law review draft article, “The Indian Law Bombshell: McGirt v. Oklahoma” in the SSRN. Read the draft article here.

Professor Miller published two short essays for the University of Pennsylvania School of Law’s Regulatory Review journal on the McGirt case and private sector economic development on reservations. 

Professor Miller published the 5,500 word cover article “McGirt v. Oklahoma: The Indian Law Bombshell.” in the April edition of the Federal Lawyer magazine for the Federal Bar Association.

Professor Miller and Torey Dolan (’19) accepted an offer to publish their article “The Indian Law Bombshell: McGirt v. Oklahoma” in 101 Boston University Law Review (2021).