Our year for Indian Gaming & Tribal Self-Governance Programs

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. 

Taking the Oath

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!

Native Vote: Preparing for 2022

Last month, the White House issued the “Report of the Interagency Steering Group on Native American Voting Rights” after hosting a series of regional consultations with tribal leaders and members and engaging in listening sessions with organizations advocating for improved tribal voting rights. ASU Law’s Indian Legal Clinic participated in the White House consultations as part of the clinic’s Arizona Native Vote Election Protection Project. The White House report explores the problems that Native American voters face and presents best practices and recommendations to mitigate and eliminate barriers that Native American voters encounter. The report featured the clinic’s polling locator tool created by Native Vote Fellow Torey Dolan (’19). 

In response to a special action petition filed in the Arizona Supreme Court challenging the constitutionality of early voting in Arizona, Patty Ferguson-Bohnee and Judy Dworkin (JD ’86) represented the Inter Tribal Association of Arizona, Inc. (ITCA) in an amicus brief in the case. The amicus explained the history of Native American disenfranchisement in Arizona, that early voting is constitutional, that all early voting options are needed to address the unique barriers experienced by Native American voters, and that eliminating drop boxes and in-person early voting may expose Arizona to federal litigation. Native Vote Fellows Dolan and Blair Tarman-Toner (’20) assisted in drafting the brief.

The ITCA hosts monthly “Native Vote Strategy Sessions” to assist tribal governments in planning for upcoming elections. Native Vote Fellows Dolan and Tarman-Toner provided a legislative update at the “March Strategy Session.” Dolan and Tarman-Toner are continuing to track bills in the Arizona State Legislature that impact voting in tribal communities. 

We appreciate our valuable Native Vote partners and the ongoing efforts that impact our voting power.

____

Blair Tarman-Toner (’21)
Native Vote Fellow, Indian Legal Program, ASU Law

Miccosukee Tribe (Miami) Staff Attorney position

The Miccosukee Tribe of Indians of Florida is currently in search of a full time Staff Attorney.  The Staff Attorney will  provide legal support to the In-House General Counsel on a variety of matters, including but not limited to, Real Estate, Employment, Indian Gaming, and Environmental issues. Federal Indian Law experience required. We are located at 37700 SW 8 STREET, MIAMI, FL 33194.

Here is the link to the position:   https://www.indeed.com/jobs?q=legal%20miccosukee&l=Miami%2C%20FL&vjk=5d4accad45e6485a

ILP Alum Swearing In

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.

Native Vote: Tracking bills, tracking redistricting

Last month, the Arizona Native Vote Communications Working Group made its return. Native Vote Fellow Blair Tarman-Toner (’21) attended the group’s meeting, and she will participate in the planning and organizing of election education and outreach materials to share in tribal communities as the group continues to meet regularly. 

ASU Law’s Indian Legal Clinic has continued working on the Native Vote policy project since Arizona’s legislative session began last month. Native Vote Fellows Torey Dolan (’19) and Tarman-Toner will continue tracking bills that impact voting and will inform tribes as to how particular bills impact their tribal members. So far, the Indian Legal Clinic has identified 142 democracy-related bills in the Arizona Legislature – 72 in the Senate and 70 in the House of Representatives. Additionally, the clinic has continued its work with other voting rights organizations through the Arizona Voting Rights Defense Coalition. 

The Indian Legal Clinic is preparing to present at two upcoming meetings of the Inter Tribal Council of Arizona to discuss barriers to voting in Indian Country and the upcoming elections. 

Additionally, the Arizona Independent Redistricting Commission certified the state’s congressional and legislative maps. Tarman-Toner will continue tracking the county-level redistricting process. The county-level district lines must be finalized by July 1. 

2022 ILP Alumni Awards – Call for Nominations

The ILP alumni awards are now open. Nominate your classmates and friends! The ILP Awards include Professional Achievement, Alumni Service Award, and Emerging Leader Award. Nominations are due March 4, 2022! Nomination materials should be sent by email to: Kate.Rosier@asu.edu. Awards will be presented at the ILP Alumni & Friends Awards Ceremony at Fed Bar on Monday, April 7, 2022 at Sandia Golf Center in Albuquerque, New Mexico. 

Nomination Guidelines

ILP Professional Achievement Award – This award recognizes outstanding achievement in Indian Law or Tribal Law throughout an individual’s career. The award honors ILP alumni whose achievements in the field of Indian Law or Tribal Law have brought distinction to themselves and real benefit to the Indian community. Nomination Package Requirements:

  • Describe the unique professional achievements in the field of Indian Law or Tribal Law that has brought distinction to the candidate. (maximum two pages)
  • Describe the recognized contributions made by this candidate that demonstrate a benefit to the larger community. (maximum one page)
  • Describe the ways in which the candidate’s achievements are truly extraordinary or exceptional. (maximum one page)
  • Provide at least two letters of support from individuals that can speak to the candidate’s impact on his or her profession.
  • Letters of support should speak to the magnitude of the individual’s impact in the practice of Indian or tribal law or in the Indian community.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Gloria Kindig (’89), Kathy Bowman (’86), Rob Rosette (’96), Diane Enos (’92), Ben Hanley (’71) and Herb Yazzie (’75).

ILP Alumni Service Award – This award is given for outstanding service to the Indian Legal Program, and is awarded for extended, extraordinary service to the Indian Legal Program. Nomination Package Requirements

  • Describe the ways in which the candidate has served or supported the ILP and the ILP alumni. Examples can include serving on committees, boards, CLEs, mentoring ILP students, or other volunteer or fundraising efforts or funding commitments. (maximum one page)
  • Describe the ways this service been truly extraordinary. (maximum one page)
  • Describe how the candidate’s service has benefited the ILP. (maximum one page)
  • Please provide at least two letters of support from ILP alumni as part of the nomination package.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Peter Larson (’02), Verrin Kewenvoyouma (’04), Ann Marie Downes (’94), Mary Shirley (’92) and Jeff Harmon (’05).

ILP Emerging Leader Award – This award acknowledges and encourages service to Indian Country and the ILP by alumni who are less than ten years out of law school. The award recognizes outstanding achievements in their professional career, volunteer work, and promotion or support of the ILP and/or ASU NALSA. Nomination Package Requirements.

  • Describe how the candidate has achieved professional success in their legal career.
  • Describe the candidate’s volunteer work.
  • Describe how the candidate achieved an exceptional level of service while balancing the demands of being a recent graduate. (maximum one page)
  • Describe how the candidate was proactive in efforts to become involved in ILP and/or ILP alumni activities. (maximum one page)
  • Describe how the candidate’s service has been sustained over a long period of time or how the service has been innovative or beneficial. (maximum one page)
  • Provide two letters of support from fellow ILP alumni.
  • Provide a 200 word bio of the nominee.
  • Past winners include: Derrick Beetso (’10), Carolyn Angus-Hornbuckle (’09), Nikki Borchardt Campbell (’09), Steve Bodmer (’06), Elizabeth Medicine Crow (’05), Charles Galbraith (’07), Matthew Campbell (’08) and Michael Corey Hinton (’11).

Collaborative publications

Earlier this year, Professor Robert Miller and Native Vote Fellow Torey Dolan (’19) published their article “The Indian Law Bombshell: McGirt v. Oklahoma,” which is now published in print by Boston University Law Review.

In addition to her role with the Indian Legal Program’s Arizona Native Vote Election Protection Project, Dolan could not miss the opportunity when Miller approached her to co-author a law review article. 

Q: This is your first published law review article, how does it feel? How did it all start?
A: It feels great to have a published law review article to my name. I like to think that it started when I was a student in Professor Miller’s Indian Law class. I began following the legal question of reservation disestablishment with respect to the Muscogee Creek Nation reservation when it was before the Tenth Circuit Court of Appeals in Murphy v. Royal, the predecessor case to McGirt. The timing of the case coincided with Professor Miller teaching the standards of reservation disestablishment in his class. I would bug him in his office hours talking about the Murphy case and since then, we would talk about the legal issues as we watched the question go up to the Supreme Court. Once the Supreme Court issued their decision in McGirt, Professor Miller invited me to work with him on an article about the case.

Q: You were a student who sat in Professor Miller’s class and now a co-author, what was it like?
A: Good Professors become life long mentors, in my opinion. So, going from learning the area of law from Professor Miller as a student to joining him as a co-author on an article speaks of Professor Miller’s commitment to mentorship that is a core ethic of the Indian Legal Program. In this process I was able to work with Professor Miller as a colleague in intellect, but he also took this as an opportunity to teach me about the world of legal publication and helped demystify the process. The idea of publishing on my own in the future feels more obtainable and far less daunting thanks to going through this experience with Professor Miller. 

Q: Throughout the overall process, what did you find interesting?
A: I expected the research and writing to be the most interesting part, but honestly what I found interesting was learning about the world of publication. For academics, publishing means a lot and where, when, and what you publish is important. It was a whole world that I had not thought about nor ever been exposed to.

Q: For those who are considering publishing a law review article, what advice do you have for them?
A: If you can, find a Professor Miller to mentor you through the process. If you want to put your best foot forward with your first publication, having an academic mentor in your corner to not only review your work for substance but also teach you about publishing, SSRN, shopping an article around to journals, can maximize your potential for success.

Congratulations Professor Miller and Torey!

____

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

Job Opportunity – Tribal Prosecutor

Pueblo of Zuni
Zuni, NM

General Definition: Provide prosecutor service for the Zuni Tribe in all classes of criminal offenses. Investigate and prosecute criminal matters and related legal issues of crimes that occurred within the exterior boundary of the Zuni reservation.

Duties:

  • Performs all phases of prosecution over a wide range of criminal matter related issues.
  • Present and prosecute all criminal complaints in Tribal Court.
  • Ensure that police execute Court orders, documents, services of process and other legal requirements.
  • Supervise the gathering of evidence by Tribal law enforcement officers to ensure that each case is promptly and fairly presented.
  • Initiate and/or assist in training tribal police officers in criminal and court procedures.
  • Provide legal services for the Police Department, to assist Social Services and other tribal departments in filing through tribal court and other legal processes.
  • Develop protocol for compiling chain of custody of evidence and legal review of cases.
  • Develop legal strategy for prosecutorial process.
  • Represent the interests of the Pueblo of Zuni in prosecuting individuals charged with violating Zuni Codes.
  • Abide by the ethical code of conduct.

Minimum Qualifications

Knowledge, skills and abilities: Knowledge of Tribal and Federal court systems and of state, federal and Tribal statutes, rules, regulations, and codes. Knowledge of principles, practices, and methods of legal research. Knowledge of judicial procedures and rules of evidence. Knowledge of court processes, administrative law processes, and legal terminology. Knowledge of legal strategies, their development and presentation. Skill in oral and written communication. Skill in records analysis. Skill in operating a personal computer, in use of software application, and in conducting internet searches. Skill in establishing, maintaining, and improving cooperative working relationships. Ability to plan, coordinate, and implement training. Ability to write reports and to complete forms that may be required. Ability to understand and be sensitive to Zuni culture and tradition. Must be of high moral character and integrity. Ability to follow instructions. Ability to maintain good working relationships with tribal employees, tribal court, law enforcement, and the general public.

Training and Experience:  Juris Doctorate from an accredited law school with one (1) year experience handling criminal cases. OR  A Bachelor’s Degree in Criminal Justice or related major with two (2) years experience in victim assistance, law enforcement, and/or court processes preferred.

For full job description and to apply, go to: Tribal Prosecutor (open until filled)