ILC 2023-2024 Year in Review

Posted on June 5, 2024 by dwilliams

During the 2023-2024 academic year, 10 student attorneys worked nearly 3,300 hours for the Indian Legal Clinic led by Patty Ferguson-Bohnee, ILC Director and the Charles M. Brewer Professor of Trial Advocacy at ASU Law. Student attorneys collectively handled 39 cases covering a variety of areas of tribal, state and federal law. The ILC worked with clients to support voting rights, advocate for guardianships, defend against criminal charges, restore civil rights, assist with federal recognition, among other issues.

In addition to casework, ILC students develop practical analytical and trial advocacy skills through numerous class simulations. The simulations culminate in a full Tribal court civil mock trial to prepare students to become effective advocates for justice in their future careers.

Notably, the ILC welcomed Joel Edman as Democracy Director for the ILC’s Native Vote Election Protection Project. Also, the ILC welcomed Jordan Garcia (‘23) as the new ILC Fellow.

This year, the Indian Legal Clinic began an initiative led by Democracy Director Joel Edman to restore disenfranchised individuals’ civil rights, including the right to vote. In Fall 2023, ILC partnered with the Phoenix Indian Center and the Hopi Tribe to host Rights Restoration Workshops to offer free legal assistance with restoring civil rights after a felony conviction. In November, Student attorneys Maryam Gary Nez (’24), Clayton Kinsey (’24) and Natalia Sells (’24) traveled with Director Patty Ferguson-Bohnee and Democracy Director Joel Edman to Kykotsmovi Village, Arizona on the Hopi Reservation to meet with the Hopi Chairman, Timothy Nuvangyaoma, and other tribal members to present information on rights restoration. During the workshops, student attorneys – notably Sophie Staires (’24) – presented information on the rights restoration process for single and multiple felonies, marijuana expungement and the set aside process.

ILC students frequently made appearances in tribal and state courts in fall and spring semesters. Alexandra Trousdale (’24), Maryam Salazar (’24), Clayton Kinsey (‘24), Natalia Sells (’24), Keely Driscoll (3L), Chelsi Tsosie (’24), Samir Grover (’24) all defended clients in Ak-Chin Indian Community Tribal Court. Staires nearly appeared in Traffic Court on behalf of the Gila River Indian Community, however, she supported prosecutorial discretion. Trousdale also had success restoring several clients’ civil rights and obtaining guardianship for a client in Arizona courts.

In February 2024, Grover and Kinsey traveled with Professor Ferguson-Bohnee to Louisiana to meet and update clients on their cases in-person.

More on the Indian Legal Clinic's work in the community:

+ Arizona Native Election Protection Project recap

+ Wills & Probate recap

Legal Futures

Posted on March 30, 2024 by dwilliams

On March 28, Patty Ferguson-Bohnee and Kate Rosier traveled to Tuba City, Arizona on the Navajo Nation to present “Legal Futures – the Impact to You” to Tuba City High School students. They were joined by Kris Beecher (’20), deputy chief of staff for the Navajo Nation Office of the President and Vice President, and Verrin Kewenvoyouma (’04), majority owner and managing partner of Kewenvoyouma Law, PLLC.

Ferguson-Bohnee serves as a member of the Arizona Supreme Court Commission on Diversity, Equality and Justice. This event was held in coordination with the Arizona Supreme Court Commission on Diversity, Equality, and Justice.

Tribal Justice

Posted on March 22, 2024 by dwilliams

ASU Native American Law Students Association and Law Journal for Social Justice joined forces to host a symposium on March 15. The Symposium of Tribal Justice informed the audience on Federal Indian law and Tribal Law and how Tribal Nations form and regulate their justice systems in alignment with both cultural values and protecting their communities.

Natalia Sells, a third-year law student, helped organize the event and explains the difference between Federal Indian law and Tribal law: Federal Indian law is the federal government constraining or relaxing the constrictions they have placed on a tribe’s inherent sovereign authority, whereas tribal law is the tribe exercising their inherent authority. Tribal law is important because it’s the tribe exercising their sovereignty and power for the benefit and protection of their people and could be aligned with cultural values.

Derrick Beetso (’10), professor of practice and director of Indian Gaming and Tribal Self-Governance programs, presented on Jurisdiction in Indian Country, and Alfred Urbina, attorney general for the Pascua Yaqui Nation, presented on the Tribal Law and Order Act (TLOA) and the Violence Against Women Act (VAWA). Presenters on the Tribal Judges panel included April Olson (’06), chief judge for Tolowa Dee-ni’ Nation, appellate judge for Hualapai Nation and appellate judge for Fond du Lac Band of Lake Superior Chippewa, and Honorable Anthony Hill (’06), chief judge of the Gila River Indian Community Court.

“What I loved best was all the speakers are Indigenous attorneys working towards the mission of strengthening tribes,” said Sells. “The presenters are truly our role models about the good work our law degrees can accomplish in Indian Country. I had never considered it before until I had the opportunity to work for a tribal court and upon meeting Judge Hill. Judge Hill always spoke highly about the role a tribal court judge had in the community, especially when one is from the community. I see serving as a tribal court judge as a great way to help one’s community in providing a stable judicial system that upholds tribal law that was enacted with the people and culture in mind.”

We appreciate ASU NALSA, LJSJ and the Academy for Justice for organizing a great event!

Call for articles: Special Indian Law edition of the Arizona Attorney 2024

Posted on February 21, 2024 by dwilliams

Deadline: February 23, 2024

The Indian Law Section is soliciting proposals for articles to be included in the 2024 special Indian Law edition of the Arizona Attorney magazine. The proposal should focus on an issue of interest to those who practice Indian Law.

Past articles from the 2023 Indian Law edition were:

Bones in Contention:

A Journey and a Cautionary Tale
BY: SHERRY HUTT

Up Shit Creek Looking for a Paddle
BY: M. KATHRYN HOOVER

Protecting Indigenous Sacred Places
BY: OLGA SYMEONOGLOU

The Trouble With the Tribal Law and Order Act
BY: CHRISTINA RINNERT

Avoiding Alphabet Soup in Your Legal Writing
BY: HON. KYLE FIELDS

Indian Law From Behind the Bench, Edition 2
BY: ALEXANDER MALLORY

Additional past articles from the
2022 Indian Law edition

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, Gaming, etc.); the anticipated title; and a concise summary of the thesis of the article.

Proposal authors will be notified on whether their proposed article has been accepted by March 1, 2024. The draft of the article for a selected proposal will be due on April 12, 2024. Final drafts of selected articles are due by May 10, 2024.

If you would like to submit a proposal or if you have questions, please contact:

Hon. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov
Matthew Ramirez, Immediate Past Chairperson, Indian Law Section
Matthewramirez530@gmail.com

Tribal exhibit features Professor Robert Miller

Posted on October 11, 2023 by dwilliams

Professor Robert Miller’s tribe is currently hosting an exhibit in his honor, showcasing his accomplishments at the Eastern Shawnee Tribe of Oklahoma Library.

Call for articles

Posted on August 15, 2023 by dwilliams

The Law Journal for Social Justice (LJSJ) at Arizona State University’s Sandra Day O’Connor College of Law is seeking articles, notes, or comments for our Spring 2024 issue. We publish articles on a range of interdisciplinary topics at the intersection of law and social justice. In our Spring 2024 publication, we are looking for articles on topics centering around violent crime, Indigenous issues, and social justice.

If you would like to submit your work for publication in Volume XIX of the Law Journal for Social Justice, you can submit your article to ljsjeic@gmail.com or to Managing Editor Tyler DeMers at tjdemers@asu.edu.

Additionally, LJSJ is currently seeking out Symposium panelists who are interested in speaking on the topics of violent crime, Indigenous issues, and social justice for our Spring Symposium in February of 2024. If you have legal scholarship or research on these topics and are interested in participating in the Symposium, or if you have any questions regarding the Symposium, please feel free to contact Symposium Natalia Sells (3L) at nlsells@asu.edu.

For more information regarding the Law Journal for Social Justice, please go to: https://lawjournalforsocialjustice.com/.

Building power to Native American law

Posted on July 25, 2023 by dwilliams

Business Today news named three of your ILP family in “Highlighting 10 Top Influential Native American Law Lawyers in Arizona 2023.” Congratulations to ILP Advisory Council Member Judith Dworkin, ILC Director Patty Ferguson-Bohnee and Professor Pilar Thomas!

For their expertise in Indian Law at Sacks Tierney, attorneys Dworkin, Ferguson-Bohnee and Roxann Gallagher (’02) were also recognized by Chambers and Partners in the 2023 USA edition.

2023 Indian Gaming and Tribal Self-Governance program recap

Posted on June 5, 2023 by dwilliams

The mission of the Indian Gaming and Tribal Self-Governance programs (the Programs) at ASU Law is to equip professionals with a background in federal Indian law through meaningful learning experiences, career development and exploration. This year, 25 enrolled students actively engaged in focused curriculum in Indian Gaming, Tribal Self-Governance or Federal Indian Law or Tribal Policy, Law and Government taught by Director Derrick Beetso (’10), Professor Michael Hoenig, Professor Jay Spaan and Professor Paul Spruhan.

In August, to kick-off the academic semester, the Programs hosted the webinar “Indian Gaming in Texas: A Discussion About a Recent Supreme Court Victory.” Beetso joined attorneys Brant Martin, counsel for Ysleta Del Sur Pueblo, and Fred Petti, counsel for the Alabama-Coushatta Tribe of Texas, to discuss the recent 5-4 victory for the Ysleta Del Sur Pueblo in a pivotal gaming dispute with the State of Texas before the United States Supreme Court.

In October, Beetso taught the Indian Legal Program’s (ILP) traveling class Federal Advocacy for the Tribal Client in Washington, DC. The class, held over the fall semester break, introduced 17 students to how federal Indian policy is shaped, moved, and implemented inside the Beltway. Students visited key offices and federal officials during their week in D.C., and local practitioners were gracious enough with their time and stopped by ASU’s Barrett and O’Connor Washington Center to share some practice tips. The fast-paced week ended with an amazing conversation between the students and ASU ILP alumni working in D.C.

On Oct. 22, the Programs helped support the democracy and self-governance of the Navajo Nation by moderating a presidential candidate debate in the W. P. Carey Armstrong Great Hall between the two final candidates running for President of the Navajo Nation: then-President Jonathan Nez and current President Dr. Buu Nygren. Beetso moderated the proceedings while Diné students and staff announced the questions submitted by the public. Many Navajo citizens living in the Phoenix-area attended this event and appreciated the law school’s support for Navajo democracy.

For Indian Legal Clinic Director and Associate Dean of Inclusive Excellence, Patty Ferguson-Bohnee, Beetso, and several ILP students – Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L), and Chelsi Tsosie (2L) – the holiday season was synonymous with Indian water rights. Together, the team of Sun Devils filed an amicus brief on behalf of the Diné Hataałii Association in the U.S. Supreme Court case Arizona v. Navajo Nation. This effort required lots of research and writing in a short period of time, as well as visits to the Navajo Nation to discuss the case and the brief’s approach with the Diné Hataałii Association, Inc.

Beetso co-presented with Heather Whiteman Runs Him, director of the Tribal Justice Clinic at the University of Arizona, for a water rights discussion hosted by ASU’s Native American Law Student’s Association and the American Constitution Society that provided an overview of the Supreme Court case.

While teaching Indian Gaming iCourse, Faculty Associate Michael Hoenig was appointed as the new Vice President, Associate General Counsel – Gaming for San Manuel Band of Mission Indians.

“Indian Gaming law is a rather complicated subject,” said recent online MLS graduate Edward Morris (’23). “Professor Hoenig somehow made all of this make sense. Indian Gaming II continued an exploration of the subject matter began in Indian Gaming I. Whereas Indian Gaming I was more of a survey course, in Indian Gaming II we were able to get ‘into the weeds’ of the topic. Specifics of auditing requirements and management contractual issues featured but we also delved into environmental laws and even regulatory efforts related to human trafficking. Professor Hoenig was perhaps the most professional of any of the excellent professors I’ve had at ASU. His opinions never entered the equation. This definitely was a course of law, not politics. That’s important because gambling as a topic and as an industry is very controversial, and the course could have developed in a different way.”

During the spring semester, Beetso had the opportunity to teach his first full-time courses: Indian Gaming and Indian Law and Taxation. “The opportunity to teach these classes hopefully provided more targeted education for our students in these niche areas of practice,” said Beetso. “A strong understanding of Indian gaming law and tax law and policy as applied to Indian tribes can go a long way for future attorneys working on behalf of tribal governments.”

For 2L Maryam Salazar, she liked the hands-on, practical approach to learning. The class toured the Desert Diamond Casino, an enterprise owned by the Tohono O’odham Nation in Glendale, Arizona.

“Having the opportunity to ask the gaming staff our questions, from the executive director to the machine technical staff, was really cool,” said Salazar. “I don’t think I’d get an opportunity like that outside of this class and I really took a lot away from it. Learning more about sports betting was the most interesting part of the trip for me.”

Visiting law student Morgan Gray recounts her first day of Indian Gaming class. “I recall Professor Beetso taking the time to ask me about myself, my interests, and my desire to spend a semester visiting ASU,” said Gray. “This simple gesture may not seem extraordinary to those familiar with the Indian Legal Program, but to a visiting student like me it left a lasting impact. Since then, Professor Beetso has offered me helpful advice, words of encouragement, and initiated connections with other professionals in his network currently working on projects of interest to me. While my experience is in no way unique (given that he provides each of his students such guidance and support) it is simply a testament to his commitment to help support and guide the next generation of advocates committed to serving tribal communities. I consider myself fortunate to have had the opportunity to learn from an advocate and educator as passionate and dedicated to serving his community as Professor Beetso.”

Paul Spruhan, ASU Law’s Faculty Associate and Assistant Attorney General for the Navajo Nation Department of Justice, published his article “Tribal Labor and Employment Law: The Evolution of the Navajo Preference in Employment Act” in the Arizona Attorney Magazine. ASU online learners enrolled in his “Civil Jurisdiction in Indian Country” class, learned about what laws and regulations apply to civil conduct within Indian country. “I obtained perspective and an appreciation for the work he does for the Navajo,” said online MLS student Randy Bouchard. “His teaching method is incredibly engaging. He is a demonstrative lecturer, which leads to humor and engagement with the class.”

With a variety of offerings each year at ASU Law, the Programs offers both online or in-person curriculum. Every week leading up to her graduation, MLS student Mariam Valenzuela joined her online classes from Barrow, Alaska.

She enjoyed both classes – Tribal Self Governance I and Tribal Self Governance II – instructed by Faculty Associate Jay Spaan, Executive Director of the Self-Governance Communication & Education Tribal Consortium. “I appreciate being taught by a Native professor about Indian topics,” said Valenzuela. “Professor Spaan is responsive, easy to understand, and knowledgeable about initiating tribal self-governance. He provides a perspective that encourages self-governance for the betterment of tribes and looks beyond agency barriers for solutions. My experience in Professor Spaans class has been valuable. The material taught in the Indian Legal Program is so relevant to tribes today that I have already applied what I have learned within my community. Quyanaq (Thank you) ILP for offering a Tribal Self Governance course!”

Finally, the spring semester marked the inaugural Yuhaaviatam of San Manual Externship Program. This paid externship program was made possible by the generous support of the Yuhaaviatam of San Manuel Nation and is intended to provide Native law students the opportunity to seek their ideal externship placements without worrying about whether they will be financially compensated by the employer. The first-year cohort included several recent graduates of the ILP: Chad Edwards, Brittany Habbart, Lena Neuner and Ravynn Nothstine. We looked forward to helping provide similar externship opportunities for our students in the near future.

This year, we recently graduated nine students representing 7 tribes: 8 MLS students and 1 LLM student. These students focused on Federal Indian Law, Indian Gaming and Sports Law and Indian Self-Governance. We are proud of our newly minted alums and congratulate them on their successes. This celebratory occasion was the perfect capstone to a great academic year.

All in all, the 2022-2023 academic year was full of productive and meaningful experiences and the Programs thanks the ASU Law community for its unwavering support.

Spark Indigenous Joy

Posted on May 2, 2023 by dwilliams

The Federal Bar Association Indian Law conference is a unique time when law practitioners and advocates come together and have an in-depth discussions about the future of Indian Country. It is also a time when organizations that serve the same purpose gather to acknowledge and celebrate Indigenous excellence.

ASU Law’s ILP family met at Sandia Resort for its 23rd annual Alumni & Friends Awards Ceremony and Reception. It was a night full of heartfelt messages and success stories to celebrate this year’s award recipients. Rebecca Ross (’10) received the Alumni Service Award and Stephanie Sfiridis (’16) received the Emerging Leader Award.

Six ILP family presented at this year’s Federal Bar Association Indian Law Conference. On day 1, Faculty Associate Paul Spruhan presented on a panel “Protection of Tribal Sovereignty and Self-Determination Before the U.S. Supreme Court,” ILC Director Patty Ferguson-Bohnee and Liz La quen náay Medicine Crow (’05) presented on “Access to the Ballot Box: Protecting Native American Voting Rights.” On day 2, Jacqueline Bisille (’14) and Rani Williams (’18) presented on “Efforts to Address the Intergenerational Impacts of Federal Indian Boarding School Policies,”Sfiridis presented on a panel “Improving the Land into Trust Process and Best Practices for Tribal Realty and Land Use” and Linda Benally (’03) joined colleagues for a discussion about bias and improvement to support Native American women attorneys during the final presentation “Ethics Panel-Elimination of Bias.”

The National Native American Bar Association (NNABA) also held its annual meeting followed by its 50th Anniversary Celebration with ILP alumni serving on the board: Native Vote Fellow Torey Dolan (’19) as director and Sarah Crawford (’19) as secretary. Native Vote Fellow Blair Tarman-Toner (20’) is NNABA’s newly elected Young Lawyer Representative to the American Bar Association.

Eight ILP students received the NNABA bar scholarship. Congratulations rising grads: Chad Edwards, Ashleigh Fixico, Brittany Habbart, Michael LaValley, Lena Neuner, Ravynn Nothstine, Autumn Shone and Chanel Simon.

Native American legal warriors and trailblazers shared their wisdom from the early days of Indian Law, inclusion disparity and the need to “uplift our law practice,” as said by Thomas Fredericks, first NNABA president. ILC Director Patty Ferguson-Bohnee , Linda Benally (’03) and Diandra Benally (’05) were recognized as past presidents of NNABA. The Honorable Diane Humetewa (’93) is one of the most recognizable faces in Indian Country for being the first Native American woman to sit on the federal bench. During her special address, Judge Humetewa reflected on her historic appointment and how she felt witnessing the confirmation of two Native American women to the federal bench: Judge Lauren King’s appointment in 2021 as Washington’s first Native American federal judge and Judge Sunshine Suzanne Sykes’ appointment in 2022 as California’s first Native American federal judge.

“I know that Judge King and Judge Sykes are deeply committed to advancing opportunities for Indigenous law students and lawyers, and they each bring a meaningful voice to their respective district courts on which they sit. And I know through us, we hope that you see that pathways to judicial positions are actually possible.”

Our Indian Law community is filled with extraordinary advocates who walk with a special vision and purpose, a responsibility that our ancestors tasked us with. We enjoyed seeing everyone and we look forward to elevating the successes of Native American representation in the law.

Learning in Alaska

Posted on April 4, 2023 by dwilliams

Partnership expands ILP Traveling Class

For spring break, 29 ASU Law students traveled to Anchorage, Alaska for the ILP traveling class Alaska Native Legal Issues and Solutions.

ASU Law and the Indian Legal Program (ILP) partnered with the Alaska Native Justice Center (ANJC) and the Cook Inlet Tribal Council, Inc. to offer this course. Alex Cleghorn, ANJC’s senior legal and policy director co-taught the class with Dean Stacy Leeds.

This week-long class exposed students to the culture, environment and unique legal issues of Alaska Native communities. Guest speakers, including ILP alumni Maude Blair (’02), Charlie Galbraith (’06) and Liz Medicine Crow (’05), presented on panels to share their insight and expertise. “What mostly resonated with me was applying a forward-looking approach to changing legislation instead of relying on legislative history to advocate for Native peoples,” said Maryam Salazar (2L).

On top of her course schedule and assignments, Ravynn Nothstine (3L) documented and shared her experience.

Read more in this ASU News article: Spring break trip to Alaska provides ASU students with firsthand look at Indigenous law

We appreciate our partners, hosts, presenters and alumni for making this an enriching experience. Thank you to our students, faculty and staff for documenting the first ILP traveling class in Alaska!