For those of you who missed the Indian Legal Program lectures by Pat Sekaquaptewa and Donna Humetewa entitled: Transforming Hopi Family Conflicts Through Mediation on March 23rd, you can now access the audio recording and read along with the PowerPoint presentations available on the ILP website under Past Events. Click here to access ILP Past Events.
Author Archives: Indian Legal Program
NABA-AZ Announcements
Please see below for the most recent news and events.
Thanks to everyone for participating in the NABA-AZ Golf Tournament on Saturday. Many thanks to Steve Heeley for organizing the event and to all of the volunteers who helped make the event a success!
1. NABA-AZ Meeting
March Board Meeting
Date: March 25, 2011
Time: 12:00 — 1:30 PM
Location: ASU Law Library
10005 E Osborn, Scottsdale, AZ 85256-4019
RSVP: By March 23 to pafergus@asu.edu
Please use Visitor Parking at Rural Road and Terrace. There will be reserved spaces for NABA-AZ in this structure if you arrive between 11:45 and 12:15. Advise the attendant that you are there for the NABA-AZ meeting.
2. ILP Event: “Transforming Hopi Family Conflicts through Mediation with Pat Sekaquaptewa and Donna Humetewa
Date: March 23, 2011
Time: 12:15 — 1:15 PM
Location: ASU College of Law Room 114
Cost: Free, Pizza Provided
3. Leroy Little Bear “Native Science and Western Science: Possibilities for a Powerful Collaboration,” presented by the Simon Ortiz and Labriola Center Lecture on Indigenous Land, Culture, and Community
Leroy Little Bear is a member of the Small Robes Band of the Blood Indian Tribe of the Blackfoot Confederacy; attended and graduated from the College of Law, University of Utah, with a Juris Doctor Degree in 1975. From 1975 to the end of 1996, Mr. Little Bear was a professor in the Native American Studies Department at the University of Lethbridge. From January 1998 to June 1999, Mr. Little Bear was the Director of the Harvard University Native American Program.
Date: March 24, 2011
Time: 7 PM
Location: Heard Museum Downtown
2301 North Central Avenue, Phoenix, AZ 85004
Cost: Free
Info: http://english.clas.asu.edu/indigenous
4. National Native American Bar Association Meeting
Date: April 6, 2011
Time: 1 PM – 5 PM
Location: Hilton Santa Fe, at Buffalo Thunder, Pueblo of Pojoaque
*Reception to follow
5. Federal Bar Association Indian Law Conference
Date: April 7-8, 2011
Location: Hilton Santa Fe, at Buffalo Thunder, Pueblo of Pojoaque
More Info: http://www.fedbar.org/Sections/Indian-Law-Section/Calendar/36th-Annual-Indian-Law-Conference_1.aspx
If you are attending the FBA Indian Law Conference, you are welcome to attend the following event hosted by the ILP Program:
What: ILP Alumni and Friends Reception
Date: Thursday, April 7, 2011
Time: 5:30 PM
Place: Kids Camp – Buffalo Thunder Resort and Casino, Santa Fe, NM
6. Civil Rights Revisited: Minority Bar Convention 2011
Date: April 15, 2011
Location: Desert Willow Conference Center
4340 E Cotton Center Blvd Suite 100, AZ 85040
Contact: Diandra Benally at DBenally@ftmcdowell.org
Info: http://www.legalspan.com/azbar/calendar.asp?UGUID=&ItemID=20101207-314499-163234
NABA-AZ is a co-sponsor of this event.
NABA-AZ/Indian Law Section Panel: Friday, April 15 — 3:15 p.m. to 4:45 p.m.
The Ethical Responsibilities of Practicing in Indian Country and Before Arizona’s Tribal Courts **Pending approval for Navajo Law CLE.
Moderator:
Roger Owers, Owers Altshuler, PLLC
Speakers:
Judith Dworkin, Sacks Tierney P.A.
Patty Ferguson-Bohnee, Sandra Day O’Connor College of Law
Sheri Freemont, Salt River Pima-Maricopa Indian Community
7. Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE
Sponsor: ILP Economic Development Program
Date: April 28-29, 2011
Location: ASU Memorial Union
Contact: Darlene Lester at Darlene.lester@asu.edu
More Info: https://www.regonline.com/builder/site/Default.aspx?EventID=893284
8. Black Women Lawyers Association Awards Dinner
Date: Friday, April 29, 2011
Location: University Club
39 East Monte Vista Road, Phoenix, Arizona
Time: 5:30 PM — 9:00 PM
Cost: $50.00
RSVP: by April 24 to Le Bertha Umbreit at lebertha2@yahoo.com/
480.329.9292 or mail payment to BWLAA P.O. BOX 93935 Phoenix Arizona 85070.
Award recipients include:
– 2011 Joyce Holsey Award of Excellence: The Honorable Glenda E. Edmonds, United States Magistrate Judge, United States District Court
– Exemplary Public Servant Award: Frankie Jones of the Maricopa County Attorney Office Maricopa Superior Court Commissioner Phemonia Miller
– The Honorable Jean Williams Lifetime Achievement Award: Dr. Willie Jordan – Curtis, Assistant Dean of Student Affairs, James E. Rogers School of Law
– 2011 Champion of Diversity Award: Benjamin C. Thomas, Thomas, Thomas and Markson
Keynote speaker: Dr. Shirley Mays, Dean Phoenix School of Law.
9. Navajo Nation Bar Association Annual Conference
Date: June 9-10, 2011
Location: Gila River Wild Horse Pass Hotel,
5040 Wild Horse Pass Boulevard, Chandler, Arizona 85246
Cost: $200.00 before May 18/$250.00 after May 18/$275.00 on-site
RSVP: See attached registration form
10. Admission on Motion Materials
Many thanks to the Admission on Motion Joint Committee between the Indian Law Section and the Native American Bar Association. This Committee is led by Faith Klepper and sought to review and revise the Admission on Motion materials to include Indian law within the materials. The Committee has finished its review and will be presenting its recommended changes for consideration. The following individuals contributed to the revisions.
Professional Responsibility: Faith Klepper
Torts: Brad Bledsoe Downes
Contracts: Roger Owers
Civil Procedure: Faith Klepper
Real Property: Roger Owers
Family Law: April Olson
Criminal Law: Sheri Freemont
And special thanks to Mandy Cisneros and Darlene Lester at for fixing the link to the tribal court list that was included in the Professional Responsibility section.
11. GAO Report on Tribal Justice
The Government Accountability Office issued a report on Tribal Justice. For a copy of the report, click on http://turtletalk.wordpress.com/2011/03/11/gao-report-on-tribal-justice-systems/.
12. Legal Updates
Wapato Heritage v. US, No. 09-36150 (9th Cir, March 22, 2011).
The Ninth Circuit issued a decision today regarding lease renewals on federal trust land. Excerpt from the Opinion:
“Plaintiff-Appellant Wapato Heritage, L.L.C. (Wapato), appeals the district court’s order denying its motion for summary judgment and motion for reconsideration, and granting Defendants-Appellees’ motion for summary judgment and motion to dismiss. We address whether Wapato’s predecessor-in-interest, William Wapato Evans, Jr. (Evans), effectively exercised his option to renew a lease agreement (Lease) between Evans and certain Native American landowners(Landowners) covering real property known as Moses Allotment No. 8 (MA-8). The district court ruled that Evans did not comply with the Lease’s requirements that he notify all the Landowners that he intended to renew the Lease. Wapato, the current holder of all the Lessee’s rights under the Lease, timely appealed. We have jurisdiction under 28 U.S.C. § 1291.
Wapato argues on appeal that the terms of the Lease are ambiguous as to whether the Bureau of Indian Affairs (BIA) was a Lessor under the Lease, therefore precluding summary judgment. We hold that the Lease is not ambiguous and that the BIA was not a Lessor under the Lease. We also hold that Evans (and later Wapato) failed to provide the required notice to the Landowners and thus did not effectively exercise the option to renew the Lease. Wapato’s other claims of error are addressed in a memorandum disposition filed contemporaneously with this opinion. We affirm.”
Get the decision at http://www.ca9.uscourts.gov/datastore/opinions/2011/03/22/09-36150.pdf
Indian Law Supreme Court Mid-Term Update
Check out Turtle Talk’s Supreme Court Mid-Term Update at http://turtletalk.wordpress.com/2011/03/16/supreme-court-2010-mid-term-update/
Spring FBA Indian Law Section Newsletter
See attached newsletter from the FBA Indian Law Section.
13. BOG Liaison Report
See attached BOG report filed by NABA-AZ’s liaison Ted Campagnolo.
14. Tribal Civil and Criminal Assistance Grants
BJA FY 11 Tribal Civil and Criminal Legal Assistance Grants, Training, and Technical Assistance, For more information:
http://www07.grants.gov/search/search.do?&mode=VIEW&oppId=78793
Document Type: Grants Notice
Funding Opportunity Number: BJA-2011-2968
Opportunity Category: Discretionary
Posted Date: Mar 15, 2011
Creation Date: Mar 15, 2011
Original Closing Date for Applications: May 12, 2011
Current Closing Date for Applications: May 12, 2011
Archive Date: Jun 11, 2011
Funding Instrument Type: Grant
Category of Funding Activity: Law, Justice and Legal Services
Category Explanation:
Expected Number of Awards: 15
Estimated Total Program Funding:
Award Ceiling: $1,150,000
Award Floor: $0
CFDA Number(s): 16.815 — Tribal Civil and Criminal Legal Assistance Grants, Training and Technical Assistance
Cost Sharing or Matching Requirement: No
Eligible Applicants
Others (see text field entitled “Additional Information on Eligibility” for clarification)
Additional Information on Eligibility:
Applicants in Category 1 are limited to tribal and non-tribal non-profit (Internal Revenue Code (I.R.C.) § 501(c)(3)) entities that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines. Federal poverty guidelines are updated every year by the U.S. Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services (www.hhs.gov/opa/pdf/poverty-guidelines-010.pdf). Applicants in Category 2 are limited to tribal and non-tribal non-profit (I.R.C. §501(c)(3)) entities that provide legal assistance services for federally recognized Indian tribes, members of federally recognized Indian tribes, or tribal justice systems pursuant to federal poverty guidelines, Federal poverty guidelines are updated every year by the U.S. Department of Health and Human Services (www.hhs.gov/opa/pdf/poverty-guidelines-2010.pdf). Applicants in Category 3 are limited to national or regional membership organizations and associations whose membership or a membership section consists of judicial system personnel within tribal justice systems.
15. Jobs
A. NOAA Deputy General Counsel
Attached please find a Vacancy Announcement for a Deputy General Counsel position in the DC office of the General Counsel for the National Oceanic & Atmospheric Administration. I have included the document in both WORD and PDF format. This information may also be found at the website linked below (usajobs.gov). We would appreciate your posting and/or distributing the details of this position to your membership.
B. Spokane Tribal Attorney Positions
Title SPECIAL PROSECUTOR, DOMESTIC VIOLENCE
Supervisor OFFICE OF THE SPOKANE TRIBAL ATTORNEY
http://www.spokanetribe.com/job-description?id=68
Title DOMESTIC VIOLENCE VICTIM CIVIL ATTORNEY
Supervisor OFFICE OF THE SPOKANE TRIBAL ATTORNEY
http://www.spokanetribe.com/job-description?id=67
C. Pima County Court Commissioner
Presiding Judge Hon. Jan E. Kearney announces that the Court’s Merit Selection Committee is accepting applications for the position of full-time Commissioner. This position will be vacated by the anticipated retirement of Hon. Deborah Ward.
The duties of this position include serving as a judicial officer primarily in areas including family law and child support, but with periodic responsibilities in cases involving probate, guardianship and conservancy, proceedings under Title 36 of the Arizona Revised Statutes, and such other areas as the Presiding Judge may require. This position operates under the legal authority granted in ARS 12-213 and serves at the pleasure of the Presiding Judge. Current annual salary is $130,500.
A commissioner of the superior court shall: Be a duly licensed member of the state bar of Arizona; Have engaged in active general practice of the law for a period of not less than five years next preceding their appointment; and Have substantial family law experience; probate law experience is also desirable.
Please submit resume with the Application. Applications are available on the 9th floor reception of the AZ Superior Court in Pima County, or may be downloaded from the Court’s website at http://www.sc.pima.gov/ ; direct link http://159.233.82.26/public/pima/default.cfm?page=job&jobID=346&returnPage=job_board. Submissions must be tendered to the Pima County Superior Court, Human Resources, 110 W Congress, 9th floor, Tucson, AZ 85701; faxed to (520) 740-4253 OR e-mailed to scjobs@sc.pima.gov NO LATER THAN THURSDAY, MARCH 31, 2011, by 4:00 p.m.
The applications will be submitted to the Hon. Michael J. Cruikshank, Chairperson of the Merit Selection Committee. The Committee will review the applications, interview selected applicants, and recommend candidates to the Presiding Judge, who shall make the appointment. All applications will be a matter of public record. Questions may be directed to Human Resources: (520) 740-4217; TDY (520) 740-8887.
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**Check out NABA-AZ on Facebook. For updates, information, pictures, discussions and comments on NABA-AZ go to www.facebook.com/nabaaz. This is a public page and does not require that you sign on to Facebook to view this page.**
** NABA-AZ Website: http://naba-az.com/
Brian Lewis to Publish Paper
ILP Alum, Brian Lewis, will soon publish his paper, “So Close, Yet So Far Away: A Comparative Analysis of Indian Status in Canada and the United States,” in the Willamette International Law Journal. Below is a link to the paper through TurtleTalk:
http://turtletalk.wordpress.com/2011/03/11/brian-lewis-on-u-s-canadian-law-on-indian-status/
Congrats to the ASU Indian Legal Program students who were selected as Udall Interns!
The Udall Foundation is pleased to announce that 12 students from 12 tribes and nine universities have been selected as 2011 Native American Congressional Interns. 3 of these students are from the Sandra Day O’Connor College of Law at Arizona State University Indian Legal Program! The students were selected by an independent review committee of nationally recognized Native educators and tribal policy leaders on the basis of academic achievement and a demonstrated commitment to careers in tribal public policy.
– Michael Mainwold, Onk Akimel O’Odham from the Salt River Pima-Maricopa Indian Community, interning with the U.S. Department of Interior, Solicitors Office, in the Indian Affairs Division.
– Jacob Schellinger, Stockbridge-Munsee Band of the Mohicans, interning with the U.S. Department of Justice, in the Office of Tribal Justice.
– Farrah Secody, Navajo Nation, interning for Senator John McCain.
ILC Newsletter Now Available!
JOB VACANCY ANNOUNCEMENT
PUEBLO de SAN ILDEFONSO
Human Resources Office
02 Tunyo Po
Santa Fe, NM 87506
JOB VACANCY ANNOUNCEMENT
Tuesday, February 08, 2011
The Administration has a Tribal Judge position available.
Job Summary
The Tribal Judge presides over the Pueblo de San Ildefonso Tribal Court and is responsible for the overall administration and operation of the Tribal Court. The Tribal Judge is responsible for fairly and impartially hearing and deciding cases and matters within the jurisdiction of the Tribal Court pursuant to the Pueblo de San Ildefonso Civil and Criminal Code, regulations and applicable federal law. The Tribal Judge is responsible for protecting and enhancing the sovereignty of the Pueblo de San Ildefonso. Communicates with Tribal Council and Administration regarding the administration of the Court, program goals, funding, strategic development and issues of importance to the Pueblo de San Ildefonso and the Tribal Court. Responsible for planning, coordinating, maintaining and enhancing the judicial services provided to the community. Represents the Pueblo de San Ildefonso Tribal Court before local, state and federal agencies, national and local judicial organizations and at meetings as appropriate. As a representative of the Pueblo de San Ildefonso, the Tribal Judge must conduct himself/herself according to the highest ethical standards.
Minimum Qualifications
Bachelor’s degree in Pre-Law, Political Science, Public Administration, or related field required.
Juris Doctorate degree (JD) from an ABA accredited law school preferred. 5 years of general judicial experience required, including experience with Court procedures, with 3-5 years experience in specified duties and responsibilities. Judicial administration experience also preferred. Experience and/or practice in field of Indian Law with emphasis on federal Indian law, tribal law, tribal sovereignty, tribal government and jurisdiction. Proficiency in MS Word, Excel, Access and Outlook. Knowledge of Full Court database would be valuable. Requires excellent communication skills – both written and verbal. Must be able to write clear and reasoned court orders and decisions. Ability to perform quality work under pressure, meet deadlines and maintain confidentiality. Must not have been convicted of a felony or a crime involving dishonesty or ever been disbarred by any jurisdiction. Must be able to perform the responsibilities of the position in accordance with judicial and/or ethical standards. Must be insurable under the Pueblo de San Ildefonso vehicle insurance policy. A favorable background check is required.
The Pueblo de San Ildefonso is an Equal Opportunity Employer. Preference is given to qualified Native Americans.
APPLICATION: A job description and application are available in the Human Resources office.
Submit your resume and an application to the Human Resources office; via e-mail itsepe@sanipueblo.org; or FAX: (505) 455-4149. Call 455-4112 with questions about this position.
DEADLINE FOR APPLYING: Open until position is filled.
Tribal Court Training Program
The American Indian Law Center is working in collaboration with the University of New Mexico’s Institute of Public Law and Southwest Indian Law Clinic to present the Tribal Court Training Program. The Tribal Court Training Program is a series of sessions specifically for Tribal Court Judges, Tribal Court Prosecutors, and Tribal Court Administrators/Clerks. The Registration form and Save the Date flyer for the Tribal Court Training Program is available at: http://www.ailc-inc.org/PDF%20files/Tribal.Court.Training-Registration%20Form.rev1.pdf
Job Postings
Confederated Tribes of the Colville Reservation.
http://www.colvilletribes.com/jobs.htm
There are two positions for judges and one for an attorney.
Job Posting
Job Posting: Tribal Public Defender
Havasupai Tribe
Havasupai Tribal Court
Job Announcement
Position Title: Tribal Public Defender
Pay Rate: Dependant on Experience
Supervised by: Havasupai Tribal Council
Closing Date: Open until filled
Summary: To conduct the legal activities and services of the Public Defender’s Office; and to do related work as required.
Responsibilities: The Tribal Public Defender represents in the Havasupai Tribal Court indigent persons accused of crimes. Representation includes all stages of the proceedings following the arrest of the defendant. This will include meeting with the client, obtaining police and other investigative reports, conducting an independent investigation of the crime, legal research and motion practice, referrals to outside agencies as warranted, negotiating plea agreements or preparing and presenting a defense at jury and bench trials, and other appearances in the Havasupai Tribal Courts as required. The incumbent shall discuss the public defense program with judges, prosecutors, law enforcement officials, and other persons to obtain information and possible action relative to defendants. Confers with office staff on clerical problems, record keeping, and reporting systems, and initiates changes as required. Dictates correspondence and prepares reports.
Term of Office: The term of office shall be for two (2) years.
Knowledge: Philosophy and practice of public defense in tribal courts; duties, powers, limitations, and responsibility of the Public Defender’s Officer; methods and problems of administering the work of a governmental law office; legal principles and their application with emphasis on criminal law; rules of evidence and the conduct of court proceedings; legal research methods.
Ability to: Investigate and defend criminal complaints; analyze difficult and complex facts and legal problems and apply legal principles and their practices; present statements of fact, law, and argument clearly and logically in written and oral form; draft legal instruments and opinions; perform legal research; win the confidence and respect of members of the legal profession, public officials, and other persons contacted in the position.
Employment Standards:
a. Broad, extensive, and progressively responsible experience as an attorney in criminal law; or,
b. Equivalent combination of training, education, and experience that would provide the required knowledge, abilities, and license.
Qualifications:
1. Have a juris doctor degree from an ABA accredited law school
2. Be a member in good standing of the bar of any state or federal court.
3. Be at least (21) years of age.
4. Have criminal litigation experience and a demonstrated interest in Indian law.
5. Be of high moral character and integrity.
6. Have no felony convictions, no serious misdemeanor conviction, and, within the past twelve months, no misdemeanors in any court.
7. Be physically able to carry out the duties of the office.
8. Submit to and pass pre-employment background check and drug screen, including FBI criminal history background check
9. For persons who meet the above minimum qualifications preference will be given, in the following order, to enrolled members of the Havasupai Tribe, enrolled members of a federally recognized Indian tribe.
Please submit a cover letter, writing sample three pages or longer, and resume by March 02, 2011, to the;
Havasupai Tribal Council
PO Box 10
Supai, Arizona 86435
POSTED: February 10, 2011
(Applicants will be reviewed after a month of the postings)