Author Archives: dwilliams

ASU ILP’s Native Vote Recap

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This year, Professor Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) worked on a variety of voting rights issues. The goals of the Arizona Native Vote Election Protection Project at ASU Law for this year was to: analyze the 2020 election cycle, track democracy developments in the state legislature and with the Arizona Independent Redistricting Commission, and prepare for the upcoming midterm election.

Mapping & Redistricting
The U.S. Constitution requires states to redraw their congressional and state legislative district boundaries every 10 years following each decennial Census. The goal of redistricting is to protect the constitutional right to “one person, one vote” by ensuring that each district has approximately the same number of people. In Arizona, the Independent Redistricting Commission (IRC) is tasked with redrawing the State’s congressional and state legislative districts. 

Why It’s Important for Arizona Native Voters
Ensuring that the redistricting process remains fair is critical for Native American voters in Arizona, as it determines whether voters can elect their candidates of choice into state and federal offices. The redistricting process ultimately determines access to resources as well as a communities’ political representation.

ILC Redistricting Efforts
Tarman-Toner joined the Native Vote team as a Native Vote Fellow and hit the ground running by tracking the Arizona Independent Redistricting Commission as they redrew the State’s congressional and legislative districts. Tarman-Toner tracked the Commission’s deliberations over the course of its fourteen decision-making meetings as well as tracked the public comments made at thirty-two public hearings. The ILC created a redistricting guide, regularly presented to Tribes regarding the redistricting process, and assisted Tribes in drafting public comments. The ILC submitted oral and written testimony regarding compliance with the Voting Rights Act, maintenance of a strong Native American majority-minority district, and respecting reservation boundaries as communities of interest.

Tarman-Toner also created a redistricting summary from the 2021 redistricting cycle to share with Tribes.

Dolan was recently quoted in The Guardian’s article “Redrawn Arizona congressional map drains Native American voting power.”

Litigation
In September 2021, the Pascua Yaqui Tribe reached a settlement with Pima County to restore  an in-person early voting location on the reservation. This provides 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 at the time Aspen Miller (’21), Jens Camp (’21) worked with Ferguson-Bohnee and Dolan to prepare for the preliminary injunction hearing in Fall 2020. 

In April 2022, ILP legal team defends voting rights in Arizona. ILP advisory council member Judith Dworkin (JD ’86) and Ferguson-Bohnee represented the Inter Tribal Association of Arizona in an amicus brief regarding the constitutionality of early voting.  Dolan and Tarman-Toner assisted in drafting the brief.

Testimony and Reports
The Native Vote Election Protection Project actively to protect the rights of Native American voters in Arizona. On October 27,  Ferguson-Bohnee testified at the “Voting Matters in Native Communities Hearing” before the Senate Committee on Indian Affairs. Native Vote Fellows Dolan and Tarman helped prepare the testimony that was delivered to the Committee.

Dolan and Tarman-Toner co-authored an article discussing the Native American Voting Rights Act for the Daily Journal.

The team issued its 2018 Native Vote Election Protection Project Report, which details voter issues faced by Tribal voters in the 2018 election. 

Legislative Analysis
Throughout the 2022 Legislative Session, Dolan and Tarman-Toner tracked bills impacting the right to vote and identified 142 democracy-related bills in the Arizona State Legislature—72 in the Senate and 70 in the House of Representatives.

Outreach
The ILC coordinated with its voting partners, Tribes, and counties to address issues in anticipation of the 2022 election cycle. As members of the Arizona Native Vote Coalition, the ILC worked with ITCA and All Voting is Local to host and present at monthly Native Vote Strategy Sessions. In addition to strategic planning for 2022, Dolan and Tarman-Toner regularly provided legislative analysis and updates to Tribes at the sessions.

In September 2021, Ferguson-Bohnee emceed the Secretary of State’s first-ever Tribal Nations Conference. 

On May 4, the ILC joined the “May the Vote Be With You” event organized by Angela Salazar-Willeford (MLS ’22) and hosted by her tribe Salt River-Maricopa Indian Community and ITCA.

Our year for Indian Gaming & Tribal Self-Governance Programs

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The Indian Gaming and Tribal Self-Governance Programs (“Programs”) at ASU Law had a successful academic year and we congratulate all the 2022 Master of Laws (LLM) and Master of Legal Studies (MLS) graduates.

In August, the Programs welcomed its current director, Derrick Beetso, a 2010 graduate of the Indian Legal Program (ILP). Beetso is a member of the Navajo Nation who previously served as general counsel for the National Congress of American Indians where he co-directed the Tribal Supreme Court Project alongside colleagues at the Native American Rights Fund, and before that he served as attorney-advisor for the Western Region of the Bureau of Indian Affairs and the BIA’s San Carlos Irrigation Project. He brings with him a wealth of knowledge working in and around federal Indian law and policy and said, “the Indian Gaming and Tribal Self-Governance Programs provide practical learning opportunities for all law students, whether they seek a JD, LLM, or MLS degree, and I’m so proud to help guide how the Programs engage with and respond to Native communities in Arizona and throughout the Nation. It has been a pleasure to work with the ILP team to help realize the professional goals of such a dynamic cohort of students dedicated to improving the lives and well-being of Indian Country.”

Two faculty associates also joined ASU Law’s Indian Gaming and Tribal Self-Governance Programs: Jay Spaan, a citizen of the Cherokee Nation, taught Tribal Self-Governance I and Tribal Self-Governance II, and Michael Hoenig taught Indian Gaming I and Indian Gaming II. Faculty Associates Paul Spruhan taught Civil Jurisdiction in Indian Country and Helen Burtis (’07) taught American Indian Law.

MLS student Roicia Banks enjoyed Professor Spruhan’s class. “I appreciated Professor Spruhan’s extensive knowledge of Federal Indian Law,” Banks said. “But it was more important to me that as a man married to a tribal member, Professor Spruhan was very respectful, woke, and straight forward.”

“As a member of a federally recognized tribe, I took many of the deciding court cases that shaped federal Indian law personally in that I felt it was my duty to understand the past to better understand where we are today,” Richard Picard (MLS ’22) said. “Professor Burtis ensured that all relevant Indian law topics were covered thoroughly and that they were understood as clearly and easily as possible.”

Francisco Olea (LLM ’22) worked for Professor Hoenig in 2016 during his internship with the National Indian Gaming Commission in Washington, D.C. and six years later, Olea was glad to be enrolled in his online Indian Gaming II class.

In September, in partnership with ASU Law’s Allan “Bud” Selig Sports Law and Business Program, the Programs hosted a timely webinar entitled “Betting on Arizona: the Future of Indian Gaming and Sports Betting in Arizona.” The webinar was well attended and featured key attorneys that represented Arizona Indian tribes in negotiating recent compacts and state legislation allowing Arizona’s tribes to participate in the State’s recent sports wagering operation directed by the Arizona Gaming Commission. The rollout of sports wagering in Arizona last year has brought many instances of first impression and the Programs’ students and staff are at the forefront of thinking through various issues presented and helping envision what the future holds for tribes in this area nationally. Beetso has provided regular commentary to gaming publications on recent sports wagering developments; updated the Arizona Indian Gaming Association on current legal and policy issues; and helped moderate a sports betting panel for the Federal Bar Association’s D.C. Indian Law Conference and the ILP’s Wiring the Rez conference.

In October, Beetso taught his first course, Federal Advocacy for the Tribal Client, the ILP’s traveling class at ASU’s Washington, D.C. campus during the fall semester break. The course is designed to instruct students on the basic principles behind effective advocacy before federal agencies, Congress, and the Supreme Court.

Students had the opportunity to engage with professionals, congressional staff, and administrative officials to better understand how federal Indian law and policy is shaped and implemented. While in town, the students also had time to tour the Nation’s Capitol and make professional connections with practicing attorneys during networking opportunities.

In November, the Programs had the pleasure of attending the ribbon cutting ceremony for the newly opened Yuhaaviatam of San Manuel Event Center within ASU’s California Center in downtown Los Angeles at the historic Herald Examiner Building. The Programs accompanied ILP faculty, the ILP’s esteemed Salt River Scholars, law school leadership, and representatives from the office of ASU President Michael Crow to celebrate this momentous occasion and important partnership with the San Manuel Band of Mission Indians. The Band has donated generously to the law school’s endeavors to increase its impact in the Los Angeles area and to provide meaningful and practical education opportunities for Native students interested in furthering Indian gaming and tribal self-governance. The Programs are currently planning a community teaching event, to be held at the Yuhaaviatam of San Manuel Event Center this summer, which will showcase the exciting work our students are engaged in, the talent of the law school’s faculty, and the partnerships and community building efforts made possible by substantial investments from the San Manuel Band of Mission Indians, the Shakopee Mdewakanton Sioux Community, the Mohegan Tribe, and other important donors.

Finally, the Programs were honored to host a lunch lecture with Tribal leaders from the Alabama-Coushatta Tribe of Texas to share their unique history and the relevance of the Tribe’s bingo operation to its self-governance. The Alabama-Coushatta Tribe and its bingo operation await a decision from the Supreme Court on a case, Ysleta del Sur Pueblo v. Texas, that will have a direct impact on their self-governance.

The Tribe shared its role in the current litigation before the Court and spoke with students about their interest in Indian gaming and the case specifically. Oral arguments in Ysleta del Sur Pueblo v. Texas were held February 22, 2022 and a decision from the Court is expected soon. The Programs hope to invite tribal leadership from both the Alabama-Coushatta Tribe of Texas and Ysleta Del Sur Pueblo back once the Court’s opinion is published. 

Job Opportunity: Attorney

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DOJ Office of Tribal Justice (OTJ)
Attorney
Washington, DC

Application Deadline:
Friday, June 17, 2022

The Office of Tribal Justice (OTJ) is the primary point of contact for the Department of Justice with federally recognized Tribes, and advises the Department on legal and policy matters pertaining to American Indians and Alaska Natives. OTJ promotes internal uniformity of Department policies and litigating positions relating to Indian country and ensures that the Department clearly communicates policies and positions to Tribal leaders.

Our office places a high value on diversity of experiences and perspectives and encourages applications from individuals from all ethnic and racial backgrounds, veterans, LGBT individuals, and persons with disabilities.

Job Description:
OTJ is seeking an experienced attorney to serve as Attorney Advisor to provide counsel and assistance to the Director and Deputy Director. OTJ attorneys:
-Provide advice on significant tribal justice matters and assist in policy and legislative development and review.
-Provide advice to OTJ leadership on Department components litigating, protecting or otherwise addressing Native American rights and/or related issues.
-Review proposed legal actions submitted by divisions that require OTJ approval or coordination.
-Perform legal research on assigned questions or law or policy and prepare reports and memoranda.
-Assist in coordinating with attorneys and officials of the Department, other government agencies, and interested parties to provide guidance and advice to ensure compliance with statutory, regulatory and policy requirements.
-Assist in maintaining liaison with federally recognized tribes, and work with the appropriate federal, tribal, state, and local officials, professional associations, and public interest groups.
-Develop, coordinate and execute special projects as assigned by the Director or the Deputy Director.

Due to COVID-19, if selected, you may be expected to telework for an undefined period under the Department’s evacuation authority, even if your home is located outside the local commuting area. Employees in this status may be notified of a requirement to report in person to the component workplace with an advance notice of not less than 30 days. Prior to a requirement to report to the workplace, employees may be eligible to request to continue to telework one or more days a pay period depending upon the terms of the component’s telework policy.

Qualifications:
Applicants must possess a J.D. degree with at least two years of post J.D. experience, and be an active member of a bar (any jurisdiction). Applicants must be proficient in analyzing complex legal information, producing clear and thorough written work, effectively advocating for a legal position, and have excellent interpersonal skills. Experience with Federal Indian Law is required. Prosecution and/or litigation experience is strongly preferred but not required. The incumbent must be able to obtain a Secret-level security clearance.

For full job description and application, click following link: Attorney Vacancy

Job Opportunity: Associate Attorney

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Maier Pfeffer Kim Geary & Cohen LLP
San Francisco Bay Area
Associate Attorney

Maier Pfeffer Kim Geary & Cohen LLP is an established law firm located in the San Francisco Bay Area that represents American Indian tribes and tribal casinos on a
wide range of legal matters.

Maier Pfeffer Kim Geary & Cohen LLP is looking for an attorney who has five or more years experience representing
tribes and tribal entities. The firm’s five partners and four associates have nearly 200 years of collective experience representing California Indian tribes and tribal enterprises. We believe in collegiality, mutual respect and maintaining a level of
staffing that allows the firm to promptly respond to our tribal clients who utilize us as general counsel for their governmental and commercial entities while at the same time allowing us to maintain a healthy work-life balance. This is an excellent opportunity for an attorney seeking professional growth and stable employment in a practice that will fully utilize their training, knowledge, and experience in representing tribes and tribal enterprises.

Minimum qualifications include:

  • Juris Doctorate degree from an ABA accredited law school;
  • Status as an active member in good standing with the CA bar or willing to sit for the
    next CA bar exam;
  • Ability to relocate to the San Francisco Bay Area;
  • Five or more years of tribal/Indian law experience;
  • Proven skills in effectively communicating with tribal councils, gaming management, opposing counsel, and federal/state/local agencies;
  • Excellent analytical, research, and writing abilities;
  • Experience drafting transactional documents; and
  • Ability to work well independently and as a member of a team.

Duties and Responsibilities include all the duties that typically are required of experienced tribal counsel.

We offer very competitive compensation, relocation expenses and full benefits.

Interested candidates should send their resumes to: hiring@jmandmplaw.com.

Taking the Oath

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ILP alumni proved that this is no obstacle they can’t overcome.

Very recently, Candace Begody (’21) took her oath of admission to the State Bar of Arizona. Candace, who is from Ganado, AZ, is a member of the Navajo Nation and expressed her complete gratitude. “I am feeling incredibly blessed to have taken my attorney oath to practice law in the State of Arizona,” Candace said. “I want to send a special thank you to all my family, friends, my mentor Rob Rosette (’96) and my Rosette, LLP colleagues, the ASU Indian Legal Program and ASU Law, and all my mentors along the way, of of whom have shown me so much love and support through this journey. I also want to thank my mentors Tom Galbraith and Judge Randall Warner for making this ceremony so beautiful and special.” Maricopa Superior Court Judge Randall Administered the oath in Phoenix, AZ.

Across the ocean, another recent grad celebrated her big accomplishment. On April 29, the Commonwealth of the Northern Mariana Islands’ Supreme Court Chief Justice Alexandro C. Castro administered the attorney’s oath to Rellani Ogumoro (’20) at the Carolinian Utt. The Carolinian Utt is a traditional gathering place akin to the center of traditional Refaluwasch society – it is where important decisions were made, safeguards the canoes and fishing equipment, and the site for gathering members of respective clans. Rellani was joined by all judges of the Commonwealth’s Superior Court (where she is currently a law clerk), family, and friends.

“I am so thankful for all who helped me along this journey,” Rellani said. “I am so grateful for PLSI and the ILP’s investment in my legal education and bar exam preparation. I look forward to the work ahead and continuing the ILP tradition of alumni serving indigenous communities.”

In December 2021, Alexander Mallory (’19) was sworn into the United States District Court for the District of Arizona by Judge Diane Humetewa (’93). 

We are so proud of you all!

ILC Students at Ak-Chin Court

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On March 15, Gwendolyn Bell (2L) and David Streamer (3L) appeared in court for the first time as student attorneys. Bell and Streamer represented their clients at arraignment hearings at the Ak-Chin Indian Community Court in Maricopa, Arizona. Although both students had just returned from Nebraska where they participated in the ILP traveling class, “Contemporary Issues in Tribal Economic Development,” they entered the hearings with successfully negotiated plea agreements and their clients were released later that day after the judge accepted the plea agreements. 

The Indian Legal Clinic appreciates the guidance of Chief Judge Yancy Jencsok provides to clinic students during their formative career experiences.

Meeting Estate Planning Needs

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Over the past month, the Indian Legal Clinic (ILC) has continued to assist tribal members with their estate planning. On Feb. 25-26, Professor Helen Burtis (’07) and clinic students Gwendolyn Bell (2L), Ryan Maxey (2L), Lena Neuner (2L), Claire Newfeld (2L), Ravynn Nothstine (2L) and David Streamer (3L) travelled to Santa Rosa Rancheria, California to draft and execute wills for the Tachi Yokut Tribe.

Students enjoyed the opportunity to interact directly with tribal members and assist them with completing a challenging life step. This was the first Wills Clinic with the Tachi Yokut Tribe. The ILC thanks the Tachi Yokut Tribal Council, especially Councilman Bryce Baga, for organizing and sponsoring the Indian Wills Clinic. 

ILC presentation David Streamer, Gwendolyn Bell, Claire Newfeld

On March 2, Bell, Newfeld and Streamer presented live over Zoom to the Elders Council of the Mashantucket Pequot Tribal Nation in Connecticut. The students’ presentation included information on the importance of estate planning and how to prepare for the upcoming Wills Clinic. Members of the Elders Council were actively engaged in the presentation and prepared with many questions that students expertly fielded. 

The ILC is grateful to Chairperson Marjorie Colebut-Jackson and members of the Elders Council for joining the informational presentation and students look forward to meeting the Mashantucket Pequot elders again during the remote Indian Wills Clinic later this month. 

Students Resume Travel

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ILP Traveling Class in Nebraska

Nineteen ASU Law students spent their spring break at the headquarters of Ho-Chunk, Inc in Winnebago, Nebraska for the ILP traveling class, “Contemporary Issues in Tribal Economic Development,” taught by Professor Lance Morgan. Morgan is CEO of Ho-Chunk, Inc., an award-winning economic development corporation owned by the Winnebago Tribe of Nebraska.

In this ILP traveling class, students learned about practical political, legal and economic solutions to help tribes implement a broad range of economic development activities. Morgan helped students understand that federal Indian law is restrictive in nature but, to be a successful lawyer, they will have to use federal Indian law as a starting point, not an endpoint.

We’re proud to have Morgan on our team to share the success stories of Ho-Chunk, Inc.

ILP Students Advanced to Sweet 16

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Two ASU Law students in the National Native American Law Students Association (NALSA) – Autumn Shone (2L) and Chad Edwards (2L) – made ILP proud by advancing to the Sweet 16 in the Virtual 30th Annual National NALSA Moot Court Competition Feb. 26-27. 

Coached by Professor Stacy Leeds and Native Vote Fellow Torey Dolan (’19), Shone and Edwards briefed and argued important issues regarding Indian religious freedom, treaty rights and property interests. 

“It was a great experience to talk about Indian law with two women who have so much knowledge and experience,” Shone said. “They encouraged us when it got hard and challenged us when we needed it.”

The competition consisted of writing a brief and rounds of virtual oral arguments, of which Shone and Edwards participated in three rounds. 

“It was challenging, but I was able to practice my research, writing and oral skills on an important topic that affects Indian country,” Shone said. 

“The most valuable thing that I learned aside from a better understanding of the legal issues presented in our moot court problem, would be the amount of support that the ILP gives to its students,” Edwards said. “I don’t think I could have had any better coaches and I felt more than prepared for the competition at all times.”

For their final practice, the team held an online session with Judge David B. Gass (JD ’94) and Jens Camps (’21). 

“They helped us greatly in our last practice before the competition,” Shone said.

After the moot court competition, Shone and Edwards travelled down the street and visited with Judge Gass and Camp.

Thanks to ILP’s extensive network of professors, staff, alumni and friends, Shone and Edwards were able to participate in multiple practice rounds with a variety of lawyers and legal professionals before the competition. 

Please join us in congratulating this year’s team! 

ILP Alum Swearing In

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At the peak of the pandemic and ILP family refused to slow down! On Dec. 20, 2021, Alexander Mallory (’19) was sworn into the United States District Court for the District of Arizona by Judge Diane Humetewa (’93). Alexander is a member of the Winnebago Tribe of Nebraska.

“It was an honor to be sworn into the United States District Court for the District of Arizona by Judge Humetewa,” said Mallory.

“Clerking for Judge Humetewa has been such a privilege. She’s a brilliant jurist and a wonderful mentor, but even more, a kind person. Thank you, judge, for swearing me in. Thank you, family and friends, for inspiring and encouraging me. This achievement is as much yours as it is mine.”

Mallory also thanked Professor Patty Ferguson-Bohnee for sponsoring her application for admission.

Judge Humetewa also administered swearing-in ceremony for another fellow ILP alum, Jasmine Blackwater-Nygren (’20) in January 2021. Read more on our blogpost: Alumni: Taking the Oath in a Pandemic.

These ILP alumni represent a very powerful minority and when a member of the ILP family need support, strength or presence, ILP family is there to serve.