Category Archives: Indian Legal Clinic

Student attorneys at Gila River

Posted on by

In January, Professor Patty Ferguson-Bohnee and the Indian Legal Clinic students Ashleigh Fixico (3L), Noah Goldenberg (3L), Kristina Major (2L) and Chanel Simon (3L) traveled to the Gila River Indian Community (GRIC) Courthouse in Sacaton, Arizona and observed arraignments in person. While at the court, the ILC 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. 

After visiting the courthouse, the student attorneys visited the Gila River Prosecutor’s Office. Chief Prosecutor Voyles and Carleton Giff offered career advice and insight into a prosecutor’s role. ILP alum and prosecutor Dustin Rector (’21) demonstrated the art of a winning closing argument. ILC student attorneys work with the Gila River Prosecutor’s Office on traffic trials.

On March 7, Goldenberg successfully represented the Gila River Indian Community in a civil traffic trial. 

“My experience working with GRIC is a great example of why ASU was the perfect school for me,” said Goldenberg. “I came to law school to study Indian law, with the hopes of working with tribes after graduation. I don’t know of many other opportunities where students have the opportunity to get real, live courtroom experience in tribal courts. I loved being able to work hands on. The whole point of clinic is taking what you have learned in law school and applying it in the real world. It is a unique opportunity and great honor to be able to do that with tribes. ASU Law produces talented Native attorneys, and this was one of the experiences that explains why. My advice to future clinic students is to volunteer and take every opportunity to work in tribal courts. It was an immense honor to contribute to tribal sovereignty and self-determination.”

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

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

Indian Legal Clinic Wills & Probate

Posted on by

Student attorneys in the Indian Legal Clinic Wills & Probate class have been busy this semester bringing estate planning to Indian Country. During the spring semester, the students have visited the Pechanga Band of Indians in Temecula, California and the Mashantucket Pequot Tribal Nation in Mashantucket, Connecticut to conduct wills clinics for the citizens of those nations. 

Students welcome the challenge of working with real clients, sometimes for the first time, in the supportive atmosphere provided by our tribal partners. “It was rewarding to apply my skills in interviewing and counseling clients to help a nervous client become comfortable sharing his estate wishes with me,” said Hannah Dunham (3L).

Altogether, the student attorneys drafted and helped clients execute a total of 55 wills and health care powers of attorney. Sukhleen Bal (3L) observed that taking the time to help a client work through their unresolved issues is key. “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. She was very happy when she left with a completed will and health care power of attorney.”

The students finished up their semester with a wills clinic at the Gila River Indian Community on March 31 – April 1. 

ASU Indian Legal Clinic presents to NCAI Federal Recognition Taskforce

Posted on by

On Feb. 21, the Indian Legal Clinic presented to the Federal Recognition Taskforce at the National Congress of American Indians Executive Winter Session. Professor Patty Ferguson-Bohnee presented on the status of petitions in the Federal Acknowledgment Process. Ashleigh Fixico (3L) presented on guidance for determining eligibility for organization under the Alaska Indian Reorganization Act issued by the Assistance Secretary – Indian Affairs. For more information, review the summary prepared by Fixico.  

ASU Indian Legal Clinic filed Amicus Brief

Posted on by

On Feb. 8, the Indian Legal Clinic (ILC) filed an amicus brief on behalf of the Diné Hataałii Association in Arizona v. Navajo Nation. The U.S. Supreme Court will hear arguments on Monday, March 20, 2023. Congratulations to ILC Faculty Director Patty Ferguson-Bohnee, Director Derrick Beetso (’10) and ILP students Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L) and Chelsi Tsosie (2L) for their efforts in drafting the brief. We also appreciate Law Fellow Honore Callingham (’18) for her assistance in preparing the brief for filing.

The brief informs the Court on traditional Diné principles that support the Navajo Nation’s position. The team is humbled the Hataałiis, as the stewards of this sacred knowledge, entrusted the Indian Legal Clinic to represent their interest, and hope the brief helps the Court better understand the Navajo Nation’s treaties with the United States and how the Navajo signatories would have understood them.

“As a Diné law student, this case pertains to an issue that affects my family, my home, and my culture,” said Chelsi. “Knowing that and having the opportunity to assist in preparing an amicus brief that conveys the Diné perspective − the way we view the world and natural law around us − to the Court is an experience that will stay with me forever.” 

Tribal citizens served by the Indian Legal Clinic students

Posted on by

Student attorneys from the Indian Legal Clinic’s Wills and Probate class recently helped fourteen tribal citizens of the Quechan Indian Tribe with their estate planning needs. Students met with clients one on one to determine each person’s wishes so tailored wills and powers of attorney could be drafted for them. The clients were members of the Quechan Indian Tribe who needed an “Indian will,” which is a will drafted to conform to the American Indian Probate Reforms Act’s requirements for bequeathing trust or restricted land (i.e., allotments). 

 “Participating in the clinic gave me invaluable experience in drafting wills and building client relationships,” said student attorney Joe Wilwerding (2L). “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,” added Courtney Kamauoha (3L). 

Collectively, a total of 28 wills and health care powers of attorney were executed during the wills clinic. The student attorneys were supervised by Professor Helen Burtis (’07), and two volunteer attorneys from Rosette, LLP: Jim Palmer (’04) and Daniel Ray.  

ASU Indian Legal Clinic goes to Washington, D.C.

Posted on by

Last month, the Indian Legal Clinic traveled to Washington, D.C. to attend a hearing that focused on the situation of Indigenous Peoples and forced displacement in the context of climate change in the United States before the Inter American Commission on Human Rights. The request for a hearing was made on behalf of four Louisiana Tribes and the Village of Kivalina.  

Student attorneys Ruben Zendejas (3L) and Brittany Habbart (3L) were assigned the case with Professor Patty Ferguson-Bohnee. Working with Earth Rights, the Unitarian Universalist Service Committee, and the Georgetown Environmental Law and Justice Clinic, the ILC assisted in preparing a written submission in support of the thematic hearing and preparing witnesses for the hearing. Blair Tarman-Toner (’20) also assisted with the written submission. Ferguson-Bohnee gave the rebuttal statement on behalf of the petitioning Tribes during the Thematic Hearing. While in Washington, ILC students attended a meeting at the White House. 

“Ruben and I met different tribal leaders and advocates and learned about their experiences with climate displacement or dealing with the federal recognition process,” said Habbart. “Hearing about issues directly from people who live it or work with it is always invaluable.” 

Your vote, your voice

Posted on by

2022 is another year that has seen Arizona Native voters and their rights disproportionally challenged on the ballot. “Native advocates say voter ID rules in Proposition 309 could disenfranchise Arizona Indigenous voters,” said Native Vote fellow Torey Dolan (’19) in her interview with the AZ Central. The article discusses the impact that Proposition 309 will have on Tribal communities if passed. Proposition 309 would limit the forms of identification that are acceptable for in-person voting and would eliminate many forms of Tribal identification that voters currently rely on.

Despite this ballot measure and redistricting issues, the Indian Legal Clinic’s Native Vote Election Protection team organized and strategized with its partners to remain steadfast leading up to Election Day. Dolan presented at the Tribal leaders meeting hosted by the Inter Tribal Council of Arizona and discussed the propositions’ impacts on Tribal communities and Native voters.

Indian Legal Clinic student attorneys Mallory Moore (3L) and Autumn Shone (3L) led and conducted two trainings for volunteers.

This year, 66 volunteers served as Election Protectors stationed at multiple polling locations to assist voters at 9 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Gila River Indian Community, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation and the White Mountain Apache Tribe.

Dwight Witherspoon and Chelsey
Danielle
Clayton Kinsey and Michael LaValley
Chia Halpern Beetso
Chia and Patty
Chad Edwards and Gila River Indian Community Pollworker Darren Morago
Chad Edwards
Brittany Habbart and Gwendolyn Bell
Brian Garcia and Jessica
Beetso assisting an elder
Volunteers at Salt River
Dustin Rector and Marian Clay at White Mountain Apache
Kristin McPhie and Maryam Salazar
Roberto Jackson and Bonnie
Wyatt Williams
Volunteer
Caleb and Cat
Natalia Sells
Michael LaValley and Autumn at Salt River Pima-Maricopa Indian Community
Michael LaValley and Autumn again
kat and diane enos
Dwight Witherspoon and Danielle Williams
Previous
Next

On Election Day, the Native Vote team worked with the Navajo Nation to assist in emergency litigation due to delays in the opening of a polling location in Many Farms, Arizona. Katherine Belzowski, an attorney with the Navajo Nation Department of Justice Economic and Community Development Unit, said “The Indian Legal Clinic was instrumental to the Navajo Nation’s success in the 2022 Election. ILC worked with the Navajo Department of Justice (NDOJ) to monitor state polling locations across the Nation. With ILC’s assistance NDOJ was able to timely investigate and respond every concern submitted to the ILC and NDOJ voting hotline.” 

Thank you to all volunteers, advocates and allies for serving as Election Protectors and organizing the Native Vote power! With your help, we were able to assist voters through the hotline and in the field, ensuring that Native voters were able to cast ballots free from intimidation and without undue challenges. This year’s ILC Native Vote leadership team includes dedicated ILP Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’20), student attorney leads Mallory Moore (3L) and Autumn Shone (3L), and student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), and Ruben Zendejas (3L), under the supervision of Professor Patty Ferguson-Bohnee.

ILC’s 10th successful Indian Wills Clinic

Posted on by

In late September and early October, Professor Helen Burtis (’07), Samir Grover (2L), Erin Jenkins (2L), Courtney Kamauoha (3L), Molly Lathrop (3L), Julia Weiss (2L) and Joseph Wilwerding (2L) traveled to the Temecula Valley, California and met with 16 clients to prepare wills and health care powers of attorney for members of the Pechanga Band of Indians. Altogether, 28 estate planning documents were prepared. At the end of the two-day event, 14 members left with estate documents valid under Pechanga Band, federal, and California law. 

“The wills clinic was such a great way to take our classroom knowledge and translate it into real world experience,” Jenkins said. “I felt like I was really making a difference in the lives of the wills clinic participants.”

Prior to the wills clinic proceedings, Pechanga Band administrators provided a seminar for tribal members about financial planning in general. One of the seminar topics included the importance of having an estate plan.  

After the financial planning seminar, Pechanga Band administrators publicized the wills clinic and signed up members who were interested. The administrators also obtained the necessary Bureau of Indian Affairs paperwork for the client and arranged the logistics for the proceedings.

Attorneys from the Escondido Office of the California Indian Legal Services also assisted by teaching the estate planning section of the Pechanga Band’s financial planning seminar, by reviewing the legal documents for conformance to California law ahead of the clinic, and by assisting with the supervision of the students on site during the clinic. 

The ILC is very grateful for the support and assistance from everyone involved to ensure its success. Finally, many thanks to the notaries and witnesses who made the signing ceremonies for each of the clients possible. This year, we were honored to have Pechanga Band Rangers and Safety Officers among our witnesses! 

Building Communication between Tribal & Federal Courts & the Agencies Administrating Justice in Indian Country

Posted on by

Friday, October 21, 2022
9:30 a.m. – 12:00 p.m.

Sandra Day O’Connor Courthouse, Jury Assembly Room
401 W. Washington St., Phoenix, AZ, and via Zoom

There is no charge for this event. Space is limited and registration is required.  CLE may be available.

Registration for In Person: rsvp.inperson@azd.uscourts.gov

Registration for Virtual:  rsvp.virtual@azd.uscourts.gov

Link to More Information

Questions: humetewa_chambers@azd.uscourts.gov