Indian Legal Clinic offers rights restoration to the Hopi Tribe

Posted on December 21, 2023 by Indian Legal Program

On Nov. 30, the Indian Legal Clinic (ILC) partnered with the Hopi Tribe and hosted a Rights Restoration Workshop to offer free legal assistance with restoring civil rights after a felony conviction. Student attorneys Maryam Salazar (3L), Clayton Kinsey (3L) and Natalia Sells (3L) 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 workshop, the student attorneys presented information on the rights restoration process for single and multiple felonies, marijuana expungement and the set aside process.

“It was an enriching experience to go out to the Hopi reservation and have their tribal leaders really engage with the information we were sharing, including how they could implement it into their tribal community programs,” said Natalia.

In Arizona, if a person is convicted of a felony, they automatically lose certain civil rights. These include: the right to vote, to hold public office, to serve on a jury and to possess a firearm.

Native populations are disproportionately impacted by these punitive laws due to being overrepresented in the criminal justice system. Arizona has more restrictive felony disfranchisement laws than 40 other states, according to the American Civil Liberties Union of Arizona (ACLU) of Arizona. The Sentencing Project reported Arizona disenfranchised over 5% of the voting population in 2022, almost half of those disenfranchised had completely served their sentence.

The ILC remains dedicated to supporting citizens’ equal opportunity to vote.

“It’s insane to see how much rights restoration workshops are needed in the community and how many people would benefit from having their rights restored who may or may not know they need it,” said Natalia.

“This experience was great because it allowed us to apply what we learned in the classroom setting to the real world, especially in tribal communities. Working with real clients shows the impact our legal education can have in our own communities.”

We look forward to future community partnership events and appreciate the Hopi Tribe for hosting the Rights Restoration Workshop.

For more information, please contact Joel Edman at jedman@asu.edu. If you need your rights restored in Arizona, please submit this form.

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Honore Callingham (’18)
Law Fellow, Indian Legal Clinic, ASU Law

Student attorneys representing in Tribal Courts

Posted on October 9, 2023 by Indian Legal Program

In September, Professor Patty Ferguson-Bohnee and the Indian Legal Clinic students Autumn Adams (3L), Clayton Kinsey (3L), Maryam Salazar (3L), Natalia Sells (3L), Sophie Staires (3L) and Alexandra Trousdale (3L) traveled to the Gila River Indian Community Courthouse in Sacaton, Arizona and observed arraignments in person.

While at the Court, the Clinic student attorneys 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. Before visiting the courthouse, the student attorneys met with members of the Gila River Prosecutor’s Office. ILC student attorneys work with the Gila River Prosecutor’s Office on traffic trials. Staires was prepared to represent the Gila River Indian Community in a civil traffic trial, but exercised prosecutorial discretion after investigating the facts.

On Sept. 29, Kinsey, Sells and Trousdale made their first appearance in the Ak-Chin Indian Community Court with supervising attorney Kate Rosier, to represent defendants at arraignment hearings.

Kinsey and Trousdale share their student perspective with the ASU Indian Legal Clinic.

Kinsey: Getting the opportunity to take on cases through the Ak-Chin Tribal Court, as a defense student attorney, is some of the most meaningful work I’ve done in law school. We get to work directly with real clients that are often facing substantial consequences if convicted. It’s a pleasure to provide them legal assistance while gaining real-world experience.

I would advise anyone considering a clinic to jump right in. In two months, I’ve learned so much about the courtroom, evidentiary proceedings, and working with actual clients. Working in Tribal Courts is something that so few law schools offer—I feel privileged to attend a law school that prioritizes such a connection to the surrounding Tribal communities.

Trousdale: Practicing in tribal court as a law student is a great experience. As someone who wants to be a litigator in tribal court, my experience in the clinic gives me time and experience to learn about the process, procedures and practice before entering my career. I enjoy having the opportunity to work with real clients. It helps prepare me for different situations I may face when I begin working. As well, it gives me a better understanding of applying the law to different cases.

My advice for future clinic students is to go in with an open mind. There are a lot of valuable learning experiences in the clinic. You may have an idea of the kind of work you want to do after school, but the clinic can show you other fields of work you may enjoy that you have otherwise not considered or ruled out completely.

On Oct. 5, Salazar made her first appearance with supervising attorney Ferguson-Bohnee, also to represent a defendant at an arraignment hearing.

The Indian Legal Clinic appreciates the Gila River Indian Community and Ak-Chin Indian Community for providing clinic students formative career experiences.

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.

Tribal Court Trial Skills 2023

Posted on July 3, 2023 by Indian Legal Program

After a multi-year postponement due to pandemic-related safety concerns, the Indian Legal Clinic was very excited to once again present its bi-annual Tribal Court Trial Skills College for tribal court practitioners.

The Trial Skills College was an intensive, four-day session that provided practical, hands-on training for advocates to develop and refine the skills necessary to try cases in tribal court. The program culminated in a mock trial held on the last day.

Held in May, twelve tribal court advocates from Arizona, New Mexico, Wyoming and Montana participated.

Students praised the program for the guidance it provided them and the cameraderie experienced throughout the event. In addition to the classroom and simulated training received, the Trial Skills College provided the tribal court lay advocates with a rare opportunity to gather and share with others in similar positions at other tribal nations.

ASU Law alumni served as trial consultants for the students and presented as members of the faculty on topics ranging from ethics to closing arguments including Landon Antelman (’11), Fernando J. Anzaldua (’13), Derrick Beetso(’10), Helen Burtis (’07), Jennifer Giff (’95), Ed Hermes (’13) and Ben Rundall(’14). The Honorable Anthony Hill (’06), Honorable Kaniatarí:io Jesse Gilbert(’07) and Kevin Pooley (’15) served as judges during the simulated trial.

Other experienced litigators and judges who volunteered their service included Eric Dahlstrom, Louis Mallette, Sonia Martinez, Pilar Thomas, Jose Valles, and the Honorable Ida Wilber.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

2023 Native Vote recap

Posted on June 6, 2023 by dwilliams

The Arizona Native Vote Election Protection Project (the Project), as part of its work with ASU Law’s Indian Legal Clinic (ILC), focused on preparing for the 2022 midterm elections. ILC Director and Clinical Professor of Law Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19), Blair Tarman-Toner (’21) and student attorneys worked on several issues: legislative tracking, community outreach, revisions to the Elections Procedures Manual, litigation and election protection.

Outreach

The ILC coordinated with Tribes, counties and voting rights organizations leading up to the 2022 elections. The Inter Tribal Council of Arizona (ITCA) hosted monthly strategy sessions bringing together these stakeholders to talk about ongoing democracy issues in Arizona. The Project regularly presented at these meetings on issues of proposed legislation, litigation, election results and data on voter engagement and access in Arizona Tribal communities.

Fellows Tarman-Toner and Dolan were active participants in other community coalitions including the Arizona Voting Rights Coalition, the Native American Voting Rights Coalition, the Arizona Election Advocacy Group, and Election Protection Arizona.

In March 2023, Ferguson-Bohnee was appointed by Governor Katie Hobbs to serve on the Governor’s Bipartisan Elections Task Force. The task force was created pursuant to Executive Order 2023-03 with the task of studying and making recommendations to strengthen election laws, policies, and procedures in the state of Arizona.

On April 17, Ferguson-Bohnee presented at the Federal Bar Association’s Indian Law Conference on the state of Native American Voting Rights. Ferguson-Bohnee spoke about the recent legislation passed in Arizona impacting voting rights, ongoing litigation and the Arizona Native Vote Election Protection Project’s 2022 program.

Litigation

ILC Director Patty Ferguson-Bohnee, Dolan, and Tarman-Toner responded to reports of a polling location in rural Pinal County that opened nearly four hours late on Election Day during the primaries. The ILC, along with the Lawyers’ Committee, filed a complaint and application for temporary restraining order on behalf of the Arizona Democracy Resource Center and Rural Arizona Engagement. The complaint sought declaratory and injunctive relief requesting that Pinal County extend the hours of operation in light of the delayed opening. Despite acknowledging the violation of law by failing to open for four hours thereby denying equal voting time for the voters in that precinct, the County failed to act. While the Court recognized that the harm was not de minimis, the Court failed to grant any relief. During the General Election, Arizona Native Vote Election Protection volunteers reported polling locations in Apache County that failed to open on time on Election Day. The ILC worked with the ACLU and Navajo Nation to file a complaint and application for temporary restraining order on behalf of the Navajo Nation, and the Court extended the time for the polling locations in Apache County to remain open.

Midterm Election

The Arizona Native Vote Election Protection Project – Ferguson-Bohnee, Dolan, Tarman-Toner and ILC student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), Mallory Moore (3L), and Ruben Zendejas (3L), Autumn Shone (3L) and its partners – operated its Native Vote Election Protection Hotline throughout the early voting period and on Election Day during the 2022 Primary and General elections. In addition to operating the hotline for the General Election, the Project had 66 Election Protection Volunteers stationed at multiple polling locations across 9 Tribal communities. Review more in the ILP blog post: Your vote, your voice.

ILC student attorneys Moore and Shone led and conducted two training sessions for volunteers. After completing her final semester, Moore enjoyed working with the Project. “It was honestly one of the most difficult, time consuming, and rewarding things I have done in law school,” said she said. “I am so grateful to have had this opportunity because I feel like it was a great way to learn and grow as a person.”

“Thank you to Torey Dolan and Blair Tarman-Toner for answering every silly question I had about Native Vote and NNALSA Moot Court,” said Shone.

2023 Elections Procedures Manual

The Arizona Native Vote Election Protection Project joined its voting partners to prepare comments, analysis and recommendations to the Secretary of State’s office on the proposed Election Procedures Manual (EPM). The EPM is a comprehensive source of law on the administration of state and federal elections in Arizona. The Project commented on the 2021 proposed EPM drafted by then Secretary of State Katie Hobbs and is similarly preparing comments for now Secretary of State Adrian Fontes.

Planning for 2024

During the Spring 2023 Semester, the ILC, including Student Attorney Kristina Major (2L) began to focus on planning for the 2024 Election Cycle. The Clinic will continue to work with its partners throughout the summer to plan for the next election cycle.

Legal Futures at the Navajo Nation Tuba City Court

Posted on June 6, 2023 by dwilliams

Indian Legal Clinic Director Patty Ferguson-Bohnee serves as a member of the Arizona Supreme Court Commission on Diversity, Equality and Justice. For the past few years, the Committee has hosted Legal Futures for high school students with an interest in the law to provide an opportunity for young students to interact with judges, attorneys, and other legal professionals and learn about the legal profession and pathways to the bench.

This year, it was the first collaboration between the Arizona Supreme Court and a Tribal Nation’s Court to host a “Legal Futures: Setting the Stage for Your Legal Career” in Indian Country. Ferguson-Bohnee with ILP alumni — Michael Bennett (’16), attorney for the Navajo Nation, Kris Beecher (’20), attorney at Dickinson Wright PLLC, Verrin Kewenvoyouma (’04), majority owner and managing partner of Kewenvoyouma Law, PLLC, — traveled to the Navajo Nation and shared their journey to law. Students learned that about different areas of law: government workers to court staff, private business to law firms, and quasi to utilities, water and universities.

From the American Bar Association, 2022

Native Americans are underrepresented within the law but the most affected by the law. Learning opportunities like these events empower, expose and engage Native American high school students. Young adults, whose minds are at a developmental stage in their life, can learn from current Native American professionals, who are also every day relatives and grew up on tribal lands.

Collaborations like these are important and we look forward to hosting more events. We extend our appreciation to the Navajo Nation District Court in Tuba City. Thank you to our awesome ILP alumni crew – Verrin, Kris, and Michael – for spending time with the students.

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.

ILC Wills and Probate: 2022-2023

Posted on June 5, 2023 by dwilliams

The Indian Legal Clinic continued its estate planning outreach for tribal citizens by providing five wills clinics over the 2022-2023 academic year. Clinic students assisted clients with the preparation of Indian wills and powers of attorney that conform to the requirements of federal, tribal, and state law. This year, they traveled five times and served four Tribal communities: the Pechanga Band of Indians in Temecula Valley in September and March, the Quechan Indian Tribe in Winterhaven, California in December, the Mashantucket Pequot Tribal Nation in Mashantucket, Connecticut in March, and the Gila River Indian Community in Lower San Tan Village, Arizona in March.

During a Wills and Probate Clinic

Student attorneys meet with clients one-on-one on the first day to learn the client’s estate planning wishes. Students explain to the client their options under the American Indian Probate Reform Act and under tribal and state law, and then help the client finalize their choices.
After the meetings for the day are over, the students draft the estate planning documents for the rest of the afternoon and into the evening. The documents prepared include wills and health care powers of attorney.
The next morning, the students meet with their clients again to go over the prepared documents to make sure the will and power of attorney reflect what the client asked for.
When the client is satisfied that the documents represent what they want, the client executes the documents before witnesses and notaries, meaning that the client leaves with finished legal documents.

Because the hours are long, students are usually tired by the end but also filled with a sense of accomplishment from handling what are often their first clients.

“One of my clients thought she wouldn’t be able to make certain critical decisions, but I was able to help her settle on what she wanted,” said student attorney Sukhleen Bahl (3L). “She was very happy when she left with a completed will and health care power of attorney.”

Tribal clients are also usually very happy to have a settled estate plan, sometimes first in their family to have one. They share their positive experience with family and friends, thus creating increased demand for the students’ estate planning services.

Advancing public service in Tribal Communities

11 students over the two semesters drafted 60 wills and 56 health care powers of attorney. Students during the fall semester – Samir Grover (2L), Erin Jenkins (2L), Courtney Kamauoha (3L), Molly Lathrop (3L), Julia Weiss (2L) and Joe Wilwerding (2L) – drafted 28 wills and 29 powers of attorney. Spring semester students – Sukhleen Bal (3L), Sierra Porritt (2L), Devorah Kalani (LLM), Christina Bustamante (2L), Hannah Dunham (3L) and returning veterans Kamauoha and Lathrop – drafted 32 wills and 27 powers of attorney.

In addition to helping clients with their estate plans through wills clinics, students also handle probate and estate administration cases. These are cases that are heard in Tribal court, before the Office of Hearing and Appeals (for AIPRA cases), and in State court. While assisting with their clients’ estate needs, student attorneys are exposed to a variety of issues: assisting a client with becoming a personal representative so the client can settle a loved one’s estate, helping a family distribute estate property in a way that is in keeping with the family’s cultural values versus the state’s intestacy plan, protecting inheritance rights, and settling claims with creditors.

“The wills clinics opened my eyes to the large need for those who know how to draft Indian wills to keep Native lands in the hands of the people to which they belong,” said Courtney Kamauoha (3L).

Enrolled in the Indian Wills and Probate clinic, ILP student Samir Grover (2L) enjoyed Professor Burtis’s class that he found intellectually challenging and motivating. “The client experience was incredibly rewarding and provided me with practical knowledge,” said Grover. “Professor Burtis ensures that the class sessions provide a baseline in Indian Law, Estates, and its interaction with AIPRA. She makes sure that student attorneys are fully prepared to meet with clients for drafting wills and we approach every case with not just knowledge but understanding on how to effectively interact and understandingly interact with clients, mostly elders, when helping them through a really significant and important process in advising them and drafting Indian Wills. My favorite part of the class was travelling to Pechanga and Quechan and meeting some amazing clients that it felt so gratifying to help in creating wills and ensuring their estates are protected according to their wishes. The Indian Wills Clinic is such a gratifying and cool opportunity that ASU Law and the Indian Legal Program offers. You really are making an impact and some really hands on experience, with the perk of travel.”

By providing an important service to tribal citizens who often have difficulty finding someone to represent them with estates that can encompass the three jurisdictions, students gain meaningful experience, a sense of purpose, and an opportunity to work in a variety of circumstances.

Wills and Probate at Gila River

Posted on May 23, 2023 by Indian Legal Program

The Indian Legal Clinic students in the Wills & Probate section finished up there semester with a wills clinic at the Gila River Indian Community (GRIC) on March 30-April 1. The wills clinic was held at the District 4 Multi-Purpose Facility and was the first one held for the Community.

The students’ services were appreciated by the GRIC elders. “I’m going to tell my sisters and brothers and my nieces and nephews they should do this because they need a will!” said one satisfied elder.

Great job to ILC students: Sukhleen Bal (3L), Christina Bustamente (3L), Hannah Dunham (3L), Devorah Kalani (LLM), Courtney Kamauoha (3L), Molly Lathrop (3L), and Sierra Porritt (2L).

We appreciate the Gila River Indian Community for their hospitality and hosting a wills clinic at their facilities.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

Repatriation of cultural objects

Posted on May 23, 2023 by Indian Legal Program

This year, the Indian Legal Clinic (ILC) student attorneys Brittany Habbart (3L) and Ruben Zendejas (3L) prepared a comment on the repatriation of cultural objects for a new Austrian repatriation project created by the Advisory Committee for Guidelines for Collections in Austrian Federal Museums from Colonial Contexts convened by the Federal Ministry of Arts, Culture, Civil Service and Sport (BMKÖS). BMKÖS requested comments and suggestions while Austria is considering new laws and policies about when to repatriate and the process of repatriation for a variety of materials. Certain items within Austria’s collections have a history of colonialism, violence, or otherwise did not have meaningful consent. The country has opened the important discussion about the way museums acquired their collections, including Austria’s federal museums, and how to address those items present-day.

The ILC comment suggests, “that meaningful repatriation policy consider all cultural items from historically colonized communities to be subject to and open for repatriation; make considerations for formally recognized indigenous governments, as well as other smaller indigenous communities and even, if necessary, individual claimants; and, the burden of proof be not placed solely on Indigenous communities, but on the western institutions themselves. Further we advise the museum to consider the possibility of digital repatriation — the authorization of licenses, copyrights, etc. — where physical repatriation is not wanted, needed, or possible.”

The Indian Legal Clinic worked with Professor Trevor Reed to prepare the comment.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law