Category Archives: Indian Legal Clinic

Democracy Reform Summit

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On Oct. 3, the Indian Legal Clinic cohosted the “Democracy Reform Summit: Removing Barriers to Native Political Participation” in partnership with the Native American Rights Fund and the Brennan Center for Justice. The summit brought together over 150 people working together to uncover both the challenges to equitable political engagement for tribal voters and the opportunities to cultivate it. Participants included experts in civic engagement, legal advocates and leading researchers to discuss strategies for expanding Native American political representation. Patty Ferguson-Bohnee, Indian Legal Clinic director and associate dean for Inclusive Excellence, hosted a roundtable discussion on the State of Play of Native Voting Rights at the Federal Level, which explored threats to the Voting Rights Act and prospects for strengthening it, the need to pass the Native American Voting Rights Act and the efforts to build a grassroots movement in support of federal Native voting rights legislation.

If you missed the event, review the recording

Indian Legal Clinic submits comments to the EPA 

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On Sept. 22, the Indian Legal Clinic (ILC) submitted a public comment to the U.S. Environmental Protection Agency (EPA) on the “Proposed Rule: Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards.” The Endangerment Finding serves as the foundation for regulating emissions from new motor vehicles and engines.

The ILC emphasized that for Tribal Nations, the EPA’s duty to regulate greenhouse gases carries heightened significance. Climate change continues to impose disproportionate burdens on Tribal communities, threatening public health, cultural practices and treaty-reserved resources. The EPA itself has recognized that American Indian and Alaska Native populations face elevated risks from flooding, extreme heat and displacement — impacts that compound existing inequities and health disparities. The ILC previously hosted a conference addressing climate threats and challenges facing Tribal communities and published a report summarizing the proceedings.  

Student attorney Sam Phillips (3L) drafted the comment to support the EPA reaffirming and maintaining the 2009 Endangerment Finding in full and strong greenhouse gas and vehicle standards to fulfill statutory mandates, uphold judicial precedent, honor trust and treaty obligations and protect the public health and cultural heritage of Tribal Nations.

Review the full ILC comment.

Indian Legal Clinic files amicus brief in the U.S. Supreme Court on voting rights

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On Sept. 3, the Indian Legal Clinic filed an amicus curiae brief on behalf of the Navajo Nation in Louisiana v. Phillip Callais, et al., regarding voting rights. Written by Director Patty Ferguson-Bohnee, Torey Dolan (’19) and attorneys from the Navajo Nation Department of Justice, the brief addresses Section 2 of the Voting Rights Act and the creation of majority-minority congressional districts consistent with the Fourteenth and Fifteenth Amendments to the U.S. Constitution, supporting neither party.
 
ILC students Mikaela Bledsoe Downes (3L), Hunter Mallinger (3L), Sam Phillips (3L) and Ronnie Strode III (3L) assisted in research and drafting the brief.
 
Honore Callingham (’18) and Jordan Garcia (’23) are greatly appreciated for their assistance in reviewing and preparing the brief for filing.
 
The U.S. Supreme Court will hear arguments on Wednesday, Oct. 15.

 

ILC 2024-2025 Reflection

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During the 2024-2025 academic year, five student attorneys dedicated nearly 1,800 hours to the Indian Legal Clinic (ILC) at ASU Law. Under the leadership of Patty Ferguson-Bohnee, director and Charles M. Brewer professor of trial advocacy at ASU Law, the ILC collectively managed 35 cases spanning Tribal, state and federal law.

Third-year law students Garrett Bryan, Shandiin Herrera, Imani Hicks, Morgan Oakes and Sadie Red Eagle served as student attorneys and represented clients in a wide range of matters. Their work included cases involving voting rights, criminal defense, federal recognition and the restoration of civil rights — such as the right to vote — for disenfranchised individuals.

In addition to casework, ILC students developed practical skills through class simulations designed to build analytical and trial advocacy abilities. These exercises culminated in a full Tribal court civil mock trial, helping prepare students to become effective advocates for their future careers.

As part of ILC’s Arizona Native Vote Election Protection, student attorneys focused on the 2024 election cycle.

In the fall semester, ILC students appeared regularly in Tribal courts. Student attorneys defended clients in Ak-Chin Indian Community Tribal Court. Bryan appeared twice in Traffic Court on behalf of the Gila River Indian Community to prosecute civil traffic violations.

ILC also contributed changes to federal regulations governing the acknowledgment process, which now allows previously denied Tribes a limited opportunity to reapply for federal recognition. The new rule, effective February 14, 2025, follows court decisions that deemed the previous ban on re-petitioning unfair. The ILC submitted comments emphasizing fairness and the importance of recognition for Tribal sovereignty and cultural survival — comments that were cited in the final rule.

ILC submitted background information on the United States to the United Nations Special Rapporteur on the rights of Indigenous Peoples, Dr. Albert K. Barume, for his reports to international organizations. In March, ILC submitted input on the process and challenges of obtaining federal recognition for Special Rapporteur Barume’s report to be presented at the 60th session of the Human Rights Council, in September 2025, where he intends to examine ways and means of overcoming obstacles and promoting best practices related to the recognition by States of Indigenous Peoples. In April, ILC submitted information about the recognition of Indigenous Peoples’ rights to lands, territories and resources in the United States. Per a United Nations Human Rights Council resolution, Special Rapporteur Barume is dedicating his next annual report to the UN General Assembly to the theme “Identification, Documentation, Demarcation, Registration, and Titling of Indigenous Peoples’ Lands: Practices and Lessons Learned”.

“I am very thankful for the opportunity to work with real clients in a real court,” said Herrera. “The opportunity to practice in a courtroom while in law school was so critical to my education. Through the clinic, I was able to practice litigation skills through in-class simulations and then apply my improved skills in the courtroom. This approach fosters growth and confidence. What is unfamiliar, like addressing a judge, questioning a witness, and filing pleadings, begins to feel routine.”

Additionally, the ILC continued its Estate Planning course taught by Professor Helen Burtis (’07) and hosted four clinics serving Tribal communities across Arizona and California.

In April, second-year law student Hunter Mallinger and Ferguson-Bohnee presented to the ABA Civil Rights and Social Justice section. In the Rapid Response on Native Americans & Birthright Citizenship, they discussed the legal and civil rights implications of Executive Order 14160, which targets birthright citizenship, and its impact on Native Americans. The conversation explored the history and legal foundations of Native American citizenship, dispelled misconceptions, and highlighted current threats from immigration enforcement, offering valuable insights for affected Native Americans, their communities, advocates and legal professionals.

Learn more about the Indian Legal Clinic’s
2024–2025 community impact:

Native Vote 2024-2025 Reflection

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During the 2024–2025 academic year, the Indian Legal Clinic (ILC) at the Sandra Day O’Connor College of Law focused its efforts on the Native Vote Election Protection Project, ensuring Arizona’s Native voters were informed, supported and empowered throughout the state and federal election cycle. This year, the ILC welcomed Maya Araujo as the management intern, tasked with tracking and producing the most accurate data on Native voter participation in Arizona.

The 2024 Arizona Native Vote Election Protection Project team included our Indian Legal Clinic third-year law students Garrett Bryan, Shandiin Herrera (co-lead), Imani Hicks, Morgan Oakes and Sadie Red Eagle (co-lead), all working under the supervision of ILC Director Patty Ferguson-Bohnee. They were joined by a dedicated team of advocates running the hotline with Democracy Director Joel Edman, Honore Callingham (’18), Torey Dolan (’19), Jordan Garcia (’23), Blair Tarman-Toner (’20), Alexander Castillo-Nunez from the Inter Tribal Council of Arizona (ITCA) and Araujo. 

In collaboration with partner organizations, the team actively defended Native voting rights across the state. The ILC participated in and drafted four election lawsuits on behalf of the Navajo Nation and Gila River Indian Community. These cases sought to compel Arizona counties to comply with election laws and ensure polling locations remained open in the face of disruptions on Election Day.

The Native Vote Election Protection Project successfully recruited and trained 100 volunteers who were deployed to 63 polling places across nine counties and 11 Tribal reservations. On Election Day, volunteers provided real-time support to voters, addressed legal questions and ensured that Arizona election laws were properly followed. The team fielded over 300 hotline calls and documented 227 incidents — ranging from ballot issues, voter registration issues and polling location equipment malfunctions. Volunteers also collected 35 sworn declarations from voters, which became crucial evidence in same-day litigation against Apache County. The resulting court order extended voting by two hours at affected locations — ensuring that every eligible voter had the opportunity to cast their ballot.

Following the election, the ILC presented its findings and recommendations to multiple stakeholders. The team briefed the Navajo Nation Department of Justice on voter turnout, Election Day litigation, Election Day litigation, polling issues on the Nation and statewide trends. 

In January, student co-leads Red Eagle and Herrera joined Katherine Belzowski of the Navajo Nation Department of Justice for a panel titled “Democracy Ambassadors and the Native Vote” at the American Bar Association’s Democracy Task Force for American Democracy Listening Session in Arizona. Moderated by Ferguson-Bohnee, the panel shared firsthand insights from Chinle polling site on Election Day and highlighted failures in Apache County.

In February, ILC was invited to present “Challenges for Native Voters and Voter Turnout” to the Indigenous Peoples Caucus at the Arizona state legislature. Araujo and Herrera joined Ferguson-Bohnee to outline barriers to voting, discuss the Project’s mission, review Native voter data from 2016-2024 and offer recommendations to improve accessibility. Ferguson-Bohnee also presented to the League of Women Voters of Arizona on how identification requirements, voting by mail and polling location access impact tribal communities.

In April, the Law Journal for Social Justice at ASU hosted its Spring Symposium, “Voting Rights and Voter Disenfranchisement in Arizona,” at the Sandra Day O’Connor College of Law. The symposium brought together legal advocates, community organizers and election officials to examine barriers to voting access in Arizona and discuss strategies to reform procedures for future election cycles. Among the featured speakers were Araujo, Ferguson-Bohnee, Herrera and Red Eagle. 

Also in April, ILP student Hunter Mallinger (3L) joined Ferguson-Bohnee in a presentation to the ABA Civil Rights and Social Justice section. During the Rapid Response on Native Americans & Birthright Citizenship, they discussed Executive Order 14160 and its impact on Native Americans. The session explored the legal history of Native American citizenship, dispelled misconceptions, and addressed emerging threats from immigration policy and enforcement. 

In May, ILC’s work was again highlighted during the ITCA Native Vote Convening, where Tribal leaders, election officials, legal scholars and voting-rights advocates reflected on the 2024 election cycle. Herrera and Red Eagle shared the Project’s findings, discussed common issues observed at the polls and offered strategies for improving voter access in Arizona’s Tribal communities.

Through strategic litigation, grassroots organizing and civic education, the Indian Legal Clinic’s Native Vote Election Protection Project continues to play a vital role in protecting the rights of Native voters and promoting a more inclusive and equitable democracy in Arizona.

ASU Indian Legal Clinic Comments on New Federal Acknowledgement Re-Petitioning Regulations

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The Indian Legal Clinic (ILC) has actively monitored the regulations governing the Federal acknowledgment process since 2009. Effective Feb. 14, 2025, the United States Department of the Interior (“Interior”) will implement revisions to these regulations – governing the process through which the Secretary acknowledges an Indian Tribe – introducing a conditional, time-limited opportunity for denied petitioners to re-petition for Federal acknowledgment. Previously, the 1994 and 2015 regulations governing the Federal acknowledgment process, under 25 CFR part 83, explicitly prohibited re-petitioning. However, Interior reconsidered the ban following two Federal district court rulings in June 2022, which deemed Interior’s justification for the ban arbitrary and capricious under the Administrative Procedure Act and remanded to Interior for further consideration.

On Sept. 5, 2024, the ILC attended a listening session led by Assistant Secretary-Indian Affairs Bryan Newland. The session brought together attendees, primarily Tribes seeking federal recognition, who largely supported the proposed rule to establish a limited exception to the ban through a re-petition authorization process. The Interior’s sessions and written comment period (which has since closed as of Sept. 13) garnered comments from stakeholders, including federally recognized Tribes, State-recognized Tribes, non-federally recognized groups, national associations, inter-Tribal organizations, State and local government representatives, congressional delegations and coalitions and academic institutions – among them, the Indian Legal Clinic at the Sandra Day O’Connor College of Law at ASU.

ILC Director Patty Ferguson-Bohnee, student attorney Morgan Oakes (3L) and Law Fellow Jordan Garcia (’23) drafted a substantive comment about the changes to the proposed rule. The ILC comment letter emphasized fairness as a key justification for the amendment. The final published rule directly referenced the ILC’s comment, highlighting a “lack of recognition can negatively impact a Tribe’s ability to exercise its self-determination in areas such as defending sovereignty, protecting culture, accessing resources, and ensuring the survival of tribal ways of life.”To review the new regulations, visit 25 CFR Part 83.

Standing strong: The fight for fair Native voting rights

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On Election Day, Indian Legal Clinic Director Patty Ferguson-Bohnee and Navajo Nation Attorney General Ethel Branch filed a lawsuit on behalf of the Navajo Nation against Apache County officials for violating Tribal members’ fundamental right to vote, and other crucial rights guaranteed by federal and state law. Torey Dolan (’19) helped run the Arizona Native Vote hotline and submitted her declaration to support the lawsuit.

Apache County officials failed to comply with essential voting requirements, including opening polling locations on time, providing correctly printed ballots, maintaining adequate ballot supplies and long lines with wait times up to 2-3 hours – denying many Navajo voters the opportunity to vote. A voter reported to the Arizona Native Vote Hotline that elders left because standing in the 40-degree weather for extended periods was too much hardship.

Third-year law students Shandiin Herrera and Sadie Red Eagle, in the field at voting locations in Apache County, were quoted in Cronkite News article “Voters in Navajo Nation face polling issues on Election Day; Apache County extends voting hours.” Candace French (’17), an attorney voting in Window Rock, was nearly turned away when she presented her Tribal ID at an Apache County polling site. Dolan was also interviewed by azcentral, detailing the issues reported to the Arizona Native Vote hotline.

“It’s a huge issue to be precinct-based, especially in rural parts of the county, and especially on tribal lands, because as we saw today, there’s just so much confusion. And so people don’t have gas money, they don’t have the time, they have to go back to work. And so if it was in the vote-center system, they could just go to any polling location and cast a standard ballot.”
Shandiin Herrera (Navajo Nation) Third-year law student and co-lead

Many Navajo voters attempted to vote but were unable to due to Apache County’s many systemic failings. The Navajo Nation successfully secured a court order to extend voting hours at nine polling sites where Arizona Native Vote Election Protection Project volunteers observed these issues, as well as the locations where Navajo voters reported significant issues to the Arizona Native Vote Hotline. Herrera and Red Eagle defended voters’ rights to the extended voting hours against uninformed poll workers and police presence.

In an ASU News article, Herrera highlighted the extensive current voting barriers Native Americans face in rural communities.

We extend our deepest gratitude to all volunteers, advocates, allies and partners who served as Native Vote Protectors, working tirelessly to amplify Native voting power! This year, over 100 dedicated volunteers served as Native Vote Protectors, assisting voters across multiple polling locations in 12 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Fort Mohave Tribe, the Gila River Indian Community, the Hopi Tribe, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation, the Yavapai-Apache Nation, and the White Mountain Apache Tribe. Thanks to your efforts, we were able to support voters both through the hotline and on the ground, addressing issues and ensuring that Native voters could exercise their fundamental right to cast their ballots.

This year’s Arizona Native Vote Election Protection Project mighty team includes our Indian Legal Clinic third-year law students Garrett Bryan, Shandiin Herrera (co-lead), Imani Hicks, Morgan Oakes and Sadie Red Eagle (co-lead), under the supervision of Director Patty Ferguson-Bohnee, who ran the hotline with Democracy Director Joel Edman, Maya Araujo, Honore Callingham (’18), Torey Dolan (’19), Jordan Garcia (’23), Blair Tarman-Toner (’20) and Alexander Castillo-Nunez from the Inter Tribal Council of Arizona. 

2024 Pechanga Band of Indians Estate Planning Clinic

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Over fall break, eight dedicated law students from the Indian Legal Clinic’s Estate Planning section, led by Professor Helen Burtis (’07), traveled to Temecula Valley, California, to serve members of the Pechanga Band of Indians. Jessica Banks, Gabe Dowell, Shandiin Herrera, Imani Hicks, Matthew McGraw, Cristella Medrano, Sam Phillips and Ian Roche worked directly with clients, making a meaningful impact through their work.

The Pechanga Band of Indians 2024 Estate Planning Clinic was especially significant for Hicks. A member of the Pechanga Band of Indians, Hicks first encountered the Indian Legal Program’s estate planning clinics as an undergraduate, accompanying her grandmother to one of the program’s earliest clinics with the Band. Reflecting on the experience, Hicks shared, “The Estate Planning Clinic was truly a full circle moment for me. I’m grateful I had the opportunity to provide this experience to my community through the Indian Legal Program’s Estate Planning Clinic and to serve my home community. It reaffirmed my choice to go to ASU Law to serve Native communities within Arizona and throughout Indian Country.”

McGraw captured the collective sentiment of the group, “The estate planning clinic was an invaluable experience. We gained practical skills in one-on-one client advising, expanded our knowledge of federal Indian law and decedent’s estates, and enjoyed the exceptional hospitality of the Pechanga Band of Indians.”

The estate planning clinics have become a cherished experience for many students, often inspiring them to return for additional opportunities. Phillips, a returning participant, shared, “This was my second Estate Planning Clinic and they have become work that is very important to me, especially helping elders as a way to give back to the communities that continually support us in the Indian Legal Program.”

During their time in Temecula, the students met with 14 clients to discuss estate plans and assist in drafting and executing wills and health care powers of attorney. Thanks to their efforts, these clients now have peace of mind knowing their wishes are safeguarded in legal documents.

“I genuinely felt like I made a difference,” said Banks, summing up the profound impact of their work.

 

Student attorneys sworn into Tribal Court

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On August 30, Professor Patty Ferguson-Bohnee, Law Fellow Jordan Garcia (’23) and the Indian Legal Clinic students Garrett Bryan (3L), Shandiin Herrera (3L), Imani Hicks (3L), Morgan Oakes (3L) and Sadie Red Eagle (3L) traveled to the Gila River Indian Community Courthouse in Sacaton, Arizona. While at the court, the ILC student attorneys and Garcia were sworn in to the Gila River Indian Community Court by Chief Judge Anthony Hill (’06). Judge Charles Aragon led an informative tour during which the students met other judges and staff.

ILC student attorneys work with the Gila River Prosecutor’s Office on traffic trials. In this capacity, Bryan represented the Gila River Indian Community in prosecuting a civil traffic trial on Oct.1.

“Being able to practice in a courtroom as a law student is always a great privilege and worthwhile experience,” said Bryan. “This is especially true when practicing in Tribal Court, where that legal experience intersects with Indian country as a Sovereign Nation. While I don’t want to diminish what it means to gain experience in any other court, I especially appreciate being able to gain this experience in a Tribal Court.”

Bryan previously worked for the Gila River Indian Community Court as an intern and returned as a student attorney. “It was awesome to be able to practice in the Court in a very different role. While I may not have won my trial, it was a great learning experience. I had the opportunity to handle a traffic citation under the guidance of Clinic staff and the Gila River Prosecutor’s Office. This included pre-trial preparation and conducting the trial myself, for a great, well-rounded experience.”

“One of the reasons I chose to go to ASU Law was the ability to practice law in Tribal communities,” said Hicks. “I’m incredibly grateful that the Clinic provides opportunities for law students to appear in Tribal courts and represent clients. Before joining the Clinic, I spent most of my time in law school studying federal or state courts. However, this semester, I learned more about Tribal courts in Arizona and how Tribes provide equitable and efficient legal forums for their members.”

Before visiting the courthouse, the student attorneys met with members of the Gila River Prosecutor’s Office. Students conversed with the new Chief Prosecutor Lynn Arouh, Carleton Giff and prosecutors Ammon Orr (’16) and Dustin Rector (’21). ILC student attorneys prosecute civil traffic trials with the Gila River Prosecutor’s Office.

We extend our appreciation to the Gila River Indian Community Court for their continued support.

Native Vote receives Unsung Heroes of Democracy Award

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The Arizona Native Vote Election Protection Project has been chosen by the American Bar Association Task Force for American Democracy to receive the Unsung Heroes of Democracy Award. 

This prestigious award honors individuals and organizations dedicated to safeguarding our elections and upholding the democratic principles outlined in the U.S. Constitution.

Congratulations on this well-deserved recognition!