Standing strong: The fight for fair Native voting rights

Posted on November 21, 2024 by dwilliams

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

Posted on November 19, 2024 by dwilliams

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

Posted on October 2, 2024 by dwilliams

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.

Indian Legal Clinic files amicus brief

Posted on July 23, 2024 by dwilliams

On June 17, the Indian Legal Clinic filed an amicus curiae brief with the Arizona Court of Appeals in a case regarding guardianship and ICWA. Written by Director Patty Ferguson-Bohnee, Jordan Garcia (’23) and Honore Callingham (’18), on behalf of the Native American Bar Association of Arizona (NABA-AZ), the amicus brief supported the appellees, including the Gila River Indian Community. The Arizona Court of Appeals – Division One directly invited interested parties or organizations, including the Indian Legal Clinic, to file an amicus brief setting forth their respective positions on any issue presented in the case. NABA-AZ includes members who teach, publish scholarship, and practice in the areas of Indian law and Tribal law, including members of the Arizona Bar who represent Tribes in ICWA proceedings. In addition, NABA-AZ has provided educational programs on ICWA and has commented on the rules surrounding it.

April Olson (’06), attorney at Rothstein Donatelli LLP, argued on behalf of the Gila River Indian Community during the July 18 Oral Arguments at the Arizona Court of Appeals. Gila River Governor Stephen Roe Lewis, Councilmember Jennifer Allison, Attorney Sunshine Manuel and others from Gila River attended the arguments

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

2023-2024 ILC Wills and Probate recap

Posted on June 5, 2024 by dwilliams

The Indian Legal Clinic Wills and Probate continued estate planning for tribal citizens led by Professor Helen Burtis (’07) for the Fall 2023 semester. Clinic students Abigail Dood, Isabel Ramos, Kyle Bycroft, Michael Cunningham, Peyton Liang and Tori Stoldorf, plus returning students Christina Bustamante and Sierra Porritt assisted clients with the preparation of Indian wills and powers of attorney that conform to the requirements of federal, tribal and state law. The ILC students offered Wills and Estate Planning clinics for three Tribes: the Gila River Indian Community, the Pechanga Band of Indians and the Quechan Indian Tribe. The ILC partnered with Native Health Phoenix and hosted two seminars about estate planning and probate basics.

Two ILP students made a difference in Indian Country during Spring Break by participating in the Gila River Indian Community Estate Planning Event. First-year law students Sam Phillips (1L) and Colten Fredericks (1L) spent the week learning about estate planning and the American Indian Probate Reform Act before working with tribal citizens on wills and health care powers of attorney.

“I chose ASU specifically because it was important to me to have opportunities to serve Native communities while I was still in school,” said Phillips. “Even then, I thought I’d have to wait until my second year for experiential learning and providing legal services. The estate planning program gave me that opportunity much sooner than expected and gave me a better understanding of how overlooked some basic needs are in our communities. Being welcomed by the local Tribe and trusted with helping to protect an elder’s wishes was a very meaningful experience that taught me more than I expected. I’m very thankful to the Indian Legal Program for creating these opportunities and I look forward to serving with the estate planning program again in the future.”

In May, Burtis addressed tribal sovereignty as a panelist at the Arizona State Bar’s annual Advanced Probate seminar on Arizona and Tribal Probate law. ILP alums Chief Judge Anthony Hill (‘06) and Colin Bradley (‘14) were co-panelists.

This spring, Burtis presented on sessions on Advanced Care Planning for the Inter Tribal Council of Arizona’s Area Agency on Aging and the Gila River Indian Community’s Community Development Department. These sessions train caregivers and staff who work with caregivers about how health care powers of attorneys, advanced directives, financial powers of attorneys and last wills and testaments can help their clientele. Professor Burtis will present to both organizations again this summer.

2023-2024 Native Vote recap

Posted on June 5, 2024 by dwilliams

This year, Arizona Native Vote Election Protect Project prepped for the 2024 Elections. ILC students worked on many different voting rights and election issues: ballot collection, election protection, voter access, tribal authority and collecting spatial data used in our polling locator tool.

During the ABA Annual Meeting, Indian Legal Clinic Director Patty Ferguson-Bohnee led a discussion Perfecting Democracy: Pro Bono Opportunities and the State of Native American Voting Rights to encourage lawyers to volunteer during the 2024 election cycle. Ferguson-Bohnee and the new ILC Democracy Director Joel Edman participated in the Native American Voting Rights Coalition meeting in Washington, D.C., where Ferguson-Bohnee presented on case updates. The Indian Legal Clinic Native Vote Election Protection Team also submitted comments to the Arizona Secretary of State regarding Tribal provisions in the Election Procedures Manual, which was mentioned in The Arizona Republic article “Arizona Elections Procedures Manual criticized by Dems, GOP.”

On Sept. 19, ILC student attorneys celebrated National Voter Registration Day providing voter registration services to the ASU community at both the law school and the downtown ASU American Indian Student Support Services office.

In October, the ILC co-sponsored a convening focused on partnerships between Tribes and County elections officials, many of whom are were in their roles going into 2024. Ferguson-Bohnee provided an overview of tribal voting statistics and barriers documented in recent elections by Arizona Native Vote. ILC student attorneys Maryam Gary Nez (3L), and Natalia Sells (3L) and Edman helped the facilitation team to keep notes during regional breakout sessions. Our Arizona Native Vote team met with Secretary of State Adrian Fontes, as well as Pima County Recorder Gabriella Cázares-Kelly, member of the Tohono O’Odham Nation, who shared her experiences as an elected official.

Governor Katie Hobbs approved a new Election Procedures Manual (EPM) on Dec. 29, 2023. The ILC provided analysis and recommendations to Tribal leaders throughout the EPM process. Successful advocacy from Tribal leadership led to new, robust EPM policies regarding Tribal consultation and language assistance, as well as guidance on poll worker training related to key issues impacting Native voters. At the January Native Vote Strategy Session, Ferguson-Bohnee updated Tribal leaders on the EPM and Edman gave a legislative update.

During Spring Break, the ILC welcomed Professor Marcy Karin from the University of the District of Columbia (UDC) School of Law, along with her law students to gain insights into the voting landscape within Indian Country in Arizona. Additionally, they contributed to updating voting data presentations tailored to specific tribes in the state.

For Presidential Preference Election Day, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Ferguson-Bohnee, Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to assist Native voters.

Preparing for 2024 election

Native Vote is now gearing up for the July primary and November general elections. We continue to share legislative updates and present on other voting-related topics during monthly Native Vote Strategy Sessions.

Arizona Native Vote Election Protect Project is calling for volunteers for Election Day, November 5, 2024.

Assisting Native voters on Preference Presidential Election day

Posted on March 30, 2024 by dwilliams

On March 19, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Director Patty Ferguson-Bohnee, Democracy Director Joel Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to help Native voters on Preference Presidential Election day.

The Arizona Native Vote Election Protection hotline was fully staffed and we appreciate our partners from All Voting Is Local, Inter Tribal Council of Arizona, Arizona Faith Network and League of Women Voters for the continued support.

We are also updating the polling locator tool. Most Arizona counties make changes to their precinct lines and/or voting locations between elections. Tsosie has obtained the new precinct shape files, allowing the tool to be updated for the 2024 election.

Edman recently provided an update on the use of vote centers vs. precinct-based polling places across Arizona. Besides determining precinct boundaries, Arizona counties also have the power to decide whether to offer precinct-based voting or vote centers. This decision point is critical to determining whether a ballot will be counted. At vote centers, any voter in the county can cast a ballot and have that ballot counted. Under Arizona’s precinct-based voting system, if a voter casts a ballot out of precinct, the whole ballot is discarded.

The newly updated Election Procedures Manual, in effect beginning December 30, 2023, includes a requirement that counties using precinct-based polling places must offer out-of-precinct voters the opportunity to vote their correct ballot using an accessible voting device. This is a big win!

ASU Law students sworn into local Tribal Court

Posted on March 18, 2024 by dwilliams

On Jan. 29, Professor Patty Ferguson-Bohnee and Indian Legal Clinic students Keely Driscoll (2L), Samir Grover (3L) and Chelsi Tsosie (3L) traveled to the Gila River Indian Community Courthouse in Sacaton, Arizona. Students were sworn into the Gila River Community Court by Chief Judge Anthony Hill (’06). Judge Charles Aragon led an informative tour during which the students met other judges and staff.

While touring the facility, students met GRIC prosecutors Ammon Orr (’16) and Carleton Giff.

As a first-time student attorney, Grover and Driscoll recently appeared before the Ak-Chin Indian Community Court in Maricopa, Arizona for hearings on behalf of clients.

“It gives me an opportunity to apply skills I have learned and engage in meaningful work that helps real people,” said Grover. “It also gives me an advantage once I actually become a lawyer. I am glad I got my first time representing a client at arraignment over with. Also, meeting with the client in-person prior to the arraignment and going over plea options was surreal. I felt like I’m finally engaging in the type of work I envisioned myself doing, especially by representing a client in the Ak-Chin Indian Community Court.”

“Practicing in a tribal courtroom during law school has brought so much meaning to the concepts, rules and advice I’ve learned in classes so far,” said Tsosie. “I think because of that, I’m going to enter my future career as a more effective advocate than I would have without it. Not only that, the experience of observing Ak-Chin Indian Community implement its sovereignty through its court system was insightful. I’m thankful the Indian Legal Clinic has provided this opportunity to work with clients in a real impactful way.”

We appreciate the Gila River Indian Community Courthouse and Ak-Chin Indian Community Court for providing our law students with practical training to become effective advocates for justice.

Harnessing data, elevating Native Vote

Posted on March 2, 2024 by dwilliams

Over spring break, the Indian Legal Clinic welcomed Professor Marcy Karin from the University of the District of Columbia (UDC) School of Law, along with her students. Engaging in an enlightening session, the students gained insights into the voting landscape within Indian Country in Arizona. Additionally, they actively contributed to updating voting data presentations tailored to specific tribes in the state. These updated presentations will play a pivotal role in shaping forthcoming initiatives aimed at boosting voter turnout.