Category Archives: Indian Legal Clinic

2023-2024 ILC Wills and Probate recap

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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

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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

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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

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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. 

Samir Grover (3L) in front of the Ak-Chin Multi-Purpose Justice Complex

“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.”

Chelsi Tsosie (member of the Navajo Nation) being sworn into the Gila River Indian Community Court by Chief Judge Hill

“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.

Pictured outside the Gila River Indian Community Court (left to right): Samir Grover (3L), Keely Driscoll (2L), Prosecutor Ammon Orr ('16), Chelsi Tsosie (3L) and Charlie Giff.

Harnessing data, elevating Native Vote

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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.

Indian Legal Clinic offers rights restoration to the Hopi Tribe

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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. 

ILC photographed with Hopi Tribe Elections Board

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

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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

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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

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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

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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.