Arizona Native Vote Changemakers

The Indian Legal Clinic student attorneys, ILP affiliates and volunteers worked on the Arizona Native Vote Election Protection Project (AZNVEP) for months to prepare for the general election on Nov. 3. The number of this year’s Election Protection volunteers made for a great success despite the circumstances! We had 100 volunteers, which is more than in past years, who assisted Native voters at over 60 polling locations in Arizona on Election Day through the Arizona Native Vote Election Protection Project. The ILC team included Native Vote Fellow Torey Dolan (’19) as lead, Brendan Clark (3L), Aspen Miller (3L), Dustin Rector (3L), MacArthur Stant (3L),and Blair Tarman (3L) under the supervision of Professor Patty Ferguson-Bohnee. Student attorneys provided virtual training sessions for volunteers, ran the hotline and interacted with voters on-site.

Through partnerships with the Inter Tribal Council of Arizona (ITCA), the Native American Bar Association of Arizona (NABA-AZ), the Arizona Election Protection Coalition and volunteers, Native Vote served as an important resource for hundreds of Native voters during the 2020 election. Over 250 Native American voters called the Native Vote Election Protection hotline for assistance on Election Day, and many voters called prior to the election to check voter registration and polling locations, and answered questions regarding general election information.  

With the extraordinary commitment from volunteers—ILP students, alumni, faculty, staff and friends—an Election Protection volunteer was on-site and available at the following locations: Navajo Nation, Hopi Tribe, Salt River Pima Maricopa Indian Community, Gila River Indian Community, Tohono O’odham Nation, White Mountain Apache, San Carlos Apache, Pascua Yaqui, Yavapai Apache, Yavapai Prescott, Quechan, Cocopah Indian Tribe, Colorado River Indian Tribes, Fort McDowell Yavapai Nation, and the Ak-Chin Indian Community. 

We thank our ASU community for the support, which released the ASU Now article on election day that highlighted the greater work of Native Vote as well as the innovative Polling Locator Tool created just this year with US Digital Response. Watch the video  to see how this tool was used by Native voters.

Two of our ILC students Miller and Stant who traveled to Hopi and Navajo Nation were highlighted in an Arizona Republic article

Ferguson-Bohnee was quoted in the Center for Public Integrity article and Arizona Republic articles here and here

On Nov. 11, Dolan was interviewed by Native America Calling to give a recap about Native Vote. She was also quoted in The State Press articles here and here

Find more coverage from Ferguson-Bohnee, Dolan and Brian Garcia (’20) in this VICE article, which included Arizona Native Vote assisting with extension hours to a polling site. 

We appreciate our partners and all who volunteered across Indian Country to ensure Arizona’s tribal communities and tribal members had access to the polls!

Job Opportunity – Associate Attorney

Sonosky, Chambers, Sachse, Endreson, & Perry LLP is seeking an associate attorney with 1-5 years of experience in transactional and other Indian law experience for our San Diego, CA office.  Interested applicants should have strong credentials and a commitment to representing Native American interests, and a clerkship is also highly preferred. 

Sonosky, Chambers is a national law firm dedicated to representing Native American interests in a wide range of endeavors – including trial and appellate litigation, federal Indian law, tribal law, Indian self-determination and self-governance matters, transportation and infrastructure, natural resources, and economic development, among others.  More detail about the firm is available at www.sonosky.com.

To apply, candidates should send an application that includes a cover letter, resume, law school transcript, and a writing sample to Colin Hampson at champson@sonoskysd.com.  Or visit the website at http://www.sonosky.com/careers.html to apply.  This position is open until filled, but applicants should apply by January 15, 2020.  Applicants must be licensed to practice law in California, or willing to become licensed.

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Job Opportunity – Attorney Advisor

Cybersecurity and Infrastructure Security Agency
Arlington, VA

Closing date: 9/30/20

Responsibilities

Joining the Cybersecurity and Infrastructure Security Agency (CISA) means being part of the team focused on securing the Nation’s physical and cyber infrastructure against threats to public health and safety, economy, and national security. Within CISA, the Office of the Chief Counsel (OCC) is responsible for all legal activities within CISA and represents the agency in all legal forums. OCC provides legal counsel on all matters pertaining to cybersecurity, infrastructure security, emergency communications, operations, and risk management. OCC determines CISA’s legal position in order to provide effective legal services dealing with policies, legislation, governance, claims, litigation, and alternative dispute resolution. OCC drafts legislation proposed by CISA officials and furnishes legal advice in connection with reports on legislation proposed by Congress and other Federal agencies. OCC develops, implements, and coordinates CISA’ ethics program for current and former CISA employees

In this position, you will serve as an Attorney Advisor. Typical work assignments include:

  • Reviewing and providing legal opinions regarding the application of fiscal and appropriations law to all aspects of CISA Programs.
  • Providing legal advice and guidance to senior officials on legal issues relating to appropriations and fiscal law and the possible effects on missions and programs.
  • Attending meetings and coordinating written products and advice, as appropriate with other Chief Counsel divisions, the Office of the General Counsel, and other relevant CISA and DHS offices
  • Providing advice and guidance to attorneys in the CISA Chief Counsel’s office and staff in CISA Divisions and contributes to the formation of CISA-wide policies particularly on matters relating to fiscal and appropriations law.
  • Performing legal analysis and research, conducting or participating as necessary in meetings, conferences, and consultations, preparing memoranda and opinions, and maintaining continuing liaison with clients.
  • Providing written and oral counsel, legal reviews, opinions, or decisions in the application of fiscal and appropriations law to programs conducted or assisted by CISA Divisions, and to CISA policies

Qualifications

To qualify for this position you must meet the following requirement:

Be an active member in good standing of the bar of the highest court of a State, U.S. Commonwealth, U.S. territory, or District of Columbia, and a graduate of a law school accredited by the American Bar Association.

In addition to the above requirement you must satisfy the minimum education and experience standards for this position as defined below, in the absence of a qualifying exception to the standard.

You qualify for the GS-15 grade level (starting salary $142,701.00) if you possess following:

A first professional law degree (LL.B. or JD); or a second professional law degree (LL.M.).

AND

Specialized professional legal experience in excess of three (3) years that include serving as a legal representative in legal actions and providing legal counsel and guidance on organizational activities that include fiscal and appropriations law. Note: Your experience must be 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.

For application and full job description click here.

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“My win is a win for Native America” – Deborah Ann Begay (’10)

Congratulations to Deborah Ann Begay (’10) for her election to Moon Valley Justice of the Peace. She focused her campaign on restorative justice and community values – k’e – which means kinship in her tribe’s language and she believes can be viewed as effective action and solidarity. “If we truly believe in justice for all, then we must take a holistic approach,” said Begay. “We need this in our judicial system. It is time for more love, compassion, kindness, friendliness, generosity and peacefulness within our judicial systems.”

Begay is a member of the Diné (Navajo) Nation. She is Mexican clan born for the Towering House clan. Her paternal clan is Mountain Cove and her maternal clan is the Bitter Water. She is a proud veteran who served in the U.S. Naval Reserves and will celebrate her 15-year anniversary this summer.

Begay attributes her campaign efforts to her experiences as an ILP student. “The ILP helped shape my vision for community, what it is and what it can be,” Begay said. “During law school, I was selected to work on the Navajo Peacemaker’s Manual. That experience changed the way I view justice and became part of my restorative justice platform. The other really important aspect of being an ILP student is the aspect of family. The ILP alumni network was a major source of my campaign funding. They contributed thousands of dollars to my campaign.” Begay expressed her gratitude to her mother and everyone involved, adding, “My win is a win for Native America.”

Her personal message to students: “Stay true to your vision. My goal has always been to serve my community. I did not know what that would look like when I graduated law school. Welcome those experiences that develop your character. Invest in your ILP colleagues because they will become valuable resources for all kinds of good stuff as you each take different career paths.”

We are very proud of you, Deborah. Congratulations! 

First Annual Trends in Indian Gaming Conference a Virtual Success

The Indian Gaming and Tribal Self-Governance Programs hosted its first annual “Trends in Indian Gaming” webinar on July 15-16.  Indian Gaming and Tribal Self-Governance Executive Director Larry Roberts welcomed a national audience of nearly 300 attorneys, students, professionals and thought leaders convening to discuss evolving Indian gaming issues.  Dean Douglas Sylvester opened the virtual conference acknowledging that ASU sits on the traditional homelands of tribal Nations. He shared ASU Law’s longstanding and enduring commitment to tribal nations and how the Indian Gaming and Tribal Self-Governance Programs are the latest reflection of that commitment. Special Guest Ernie Stevens, Chairman of the National Indian Gaming Association (NIGA), shared NIGA’s enthusiastic support of ASU’s new Indian Gaming and Tribal Self-Governance focused degree programs and provided an overview of how tribes are again leaders in gaming during these difficult times.

The virtual conference opened with a panel focused on how tribes across the country were balancing covid-19 and reopening, which was moderated by Patty Ferguson-Bohnee, Director of ASU’s Indian Legal Clinic and Clinical Professor of Law. Mohegan Tribe Vice Chairwoman Sarah Harris shared details of the Tribe’s reopening as well as its work with Federal and State officials to address the pandemic and reopening. Shakopee Mdewakanton Sioux Community’s General Counsel William Hardacker provided an overview of how the Midwest Tribe navigated legal issues brought about by the pandemic and how the facility was operating in this changed environment. Providing a west coast perspective, Dan Little, San Manuel Band of Mission Indians’ Chief Intergovernmental Affairs and Tribal Affairs representative, shared the Tribe’s forward-leaning efforts to provide a safe entertainment environment and how the Tribe’s leadership in this area was acknowledged as the gold standard for reopening gaming facilities.

Day 1 of the virtual conference closed with a spirited overview of the latest developments concerning Indian gaming compacts.  Moderated by Morongo Band of Mission Indians’ General Counsel Kimberly Cluff, ASU Law alumni Brad Bledsoe Downes (’94) and Scott Crowell (’84) provided their views on the current state of play in Arizona and California regarding tribal gaming compacts.  Iowa Law Dean Kevin Washburn shared his insights from his time serving as Assistant Secretary of Indian Affairs and the current state of litigation with the Oklahoma Governor and Indian tribes in Oklahoma. Attorney Andrew Caulum, who focuses on tribal gaming issues for the Solicitor’s Office in the Department of Interior, provided a timely overview of how the Department processes its review of tribal-state gaming compacts.

Participants for Day 2 of the virtual conference were welcomed by ASU Law alum Ann Marie Bledsoe Downes (’94), Director of the Indian Gaming and Tribal Self-Governance Programs. Special guest ASU alum A. Gay Kingman, Executive Director of the Great Plains Tribal Chairmen’s Association extended a warm welcome to the attendees and shared her support for ASU Law’s new programs.  She noted ASU’s long-standing commitment to serving the educational needs of tribal nations and tribal citizens.  Day 2 opened with a panel moderated by Burton Warrington, Indian Ave. Group, focused on the latest trends in online gaming. Pechanga Band of Luiseño Indians’ General Counsel and ASU Law alum Steve Bodmer (’06) provided an update on the latest developments in California and the complexities moving forward.  NIGA Executive Director Jason Giles provided a national perspective of how tribes are approaching online gaming with the Congress. Bay Mills Indian Community Chairman Bryan Newland shared how the tribes in Michigan have worked with the State to offer online gaming under existing tribal-state compacts and to offer off-reservation online gaming under state law. Rion Ramirez, CEO, Port Madison Enterprises provided an update on how tribes in the pacific northwest are approaching online gaming and potential future hurdles. 

The virtual conference closed with a panel providing updates on actions by the Trump Administration impacting tribal nations, moderated by David Mullon, Partner, Venable LLP. Two ASU Law alumni, Charlie Galbraith (’06), Partner at Jenner & Block, and National Congress of American Indians’ General Counsel Derrick Beetso (’10), shared their insights regarding Interior and White House actions concerning tribal interests. National Indian Gaming Commission (NIGC) Chairman Sequoyah Simermeyer provided an update on NIGC’s efforts to assist tribal gaming operations during covid.  Department of the Interior Deputy Solicitor for Indian Affairs Kyle Scherer provided an overview of litigation in which the Trump Administration supported tribes, including defending the Indian Child Welfare Act. 

We extend special thanks to the National Indian Gaming Association, the San Manuel Band of Mission Indians, the Shakopee Mdewakanton Sioux Community for their sponsorship of this inaugural event. These sessions will be posted in the coming weeks on ASU Law’s Indian Gaming and Tribal Self-Governance website – we hope you enjoy the content.

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Job Opportunity – Staff Attorney

New Mexico Legal Aid
Gallup, NM

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court.  In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities.  The attorney will also be active in relevant bar and community activities.   The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

The staff attorney will handle cases and matters involving Federal Indian law and Indian tribal law issues, including representation of low income individuals in tribal court.  In addition, the staff attorney may be required to handle general poverty law work in non-Tribal forums and to conduct outreach in Indian and non-Indian communities.  The attorney will also be active in relevant bar and community activities.   The position will be based in Gallup and will concentrate on Native American and non-Native American cases in northwest counties of the state. It may involve up to may involve up to 50% domestic violence casework. The attorney will report to the managing attorney of the Native American Program and the managing attorney of the Gallup office according to the type of casework.

Send a current resume and a letter of interest explaining what you would like to accomplish if you are selected for this position to:  jobs@nmlegalaid.org Salary:  DOE, NMLA is an EEO Employer.  Deadline:  March 31, 2020, or until filled.

For full job description, click here.

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Another U.S. Supreme Court case ruling and another win for Indian Country

In 2011, a group of law students led by Pat Kincaid (’12), that included Joe Keene (’12), Corey Hinton (’11) and Kevin Heade (’12) joined a national effort of NALSA students to help habeas counsel with the legal research on the Murphy case. The students collaborated with Philip Tinker, who was also a law student at the time attending the University of Tulsa College of Law, to assist with representation at the time. Tinker went on to work at the law firm that represented in the Murphy and McGirt litigation. Mr. Tinker now works at the Kanji & Katzen, PLLC.

The students did research on all of Oklahoma’s history and the absence of a termination act by Congress on the Murphy case. Oklahoma argued that the Enabling Act resulted in the disestablishment of the reservation. The students conducted research on the original treaties and the absence of termination language in the allotment  statute and looked into debunking the Enabling Act argument. The students also focused on theories related to allotments and the extent to which the underlying mineral estate was still in trust.

ILP alum Rob Rosette (’96) in ASU Now

“I envisioned a law firm that would only focus on federal Indian law, meaning we wouldn’t represent banks or development companies or casino interests or oil companies,” he said. “Just practice Indian law, purely on the tribal side as a tribal member from Rocky Boy. That was my original ambition and what I always wanted to do.” Robert Rosette (’96) was featured in ASU Now’s article “Rosette law firm founder thankful for family environment he found at ASU.” Read article here.

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Join NABA-DC Virtual Brown Bag series

Students and recent grads interested in Indian Law & Policy Careers in the DC area are welcome!

Every summer, the Native American Bar Association – DC organizes events and programs for summer interns working in the field of Indian law and policy. As many internships have been cancelled or have gone virtual, NABA-DC is also making its summer programs VIRTUAL. The NABA-DC programs include the Brownbag Program and Mentorship Program. Through each program, interns will be able to virtually meet and engage with attorneys and policy staff currently working in DC on issues impacting Indian Country.

If you are interested in participating please sign-up here: https://forms.gle/aR8s2TZgRM3bQeZdA

Brownbag Program: The NABA-DC Brownbag Program is for interns working in the field of Indian law and policy. This summer, NABA-DC will host virtual Brownbag events with host offices such as government agencies, law firms, and non-profit organizations.  You will get a chance to directly engage with attorneys and policy advisors currently working in DC on issues impacting Indian Country.  You will learn about their own personal career paths and the issues they work on each day. If you have any questions about the NABA-DC Brownbag program, please contact nabadcbrownbag@gmail.com.

Mentorship Program: NABA-DC coordinates a mentorship program each summer to give interns working or interested in Indian law and policy a personal networking experience.  Interns are matched with professionals working in Washington D.C., with efforts made to find mentors who are working in the same fields the interns wish to enter, enriching the interns’ educational experience in D.C. and connecting practitioners with the next generation of Native leaders.  If you have any questions about the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com.

Original post from Turtle Talk.

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