Quechan Wills Clinic

 Kris Beecher (3L), Blair Tarman (2L), and Irvin Williams (3L) worked with ILP alumni to present the Quechan Wills Clinic on Feb. 28 and 29. The Wills Clinic, led by Faculty Associate Helen Burtis (’08), was part of this semester’s Indian Legal Clinic’s course. The student attorneys met with Quechan Indian Tribe members individually to discuss the member’s estate planning needs. Each student attorney then drafted a member’s will, which was executed the next day. Jim Palmer, Jr. (’04), Simon Gertler (’18) and Margaret Hirchak  (’12), all ILP alumni and attorneys at Rosette, LLP, provided supervision and mentorship to the students and also provided estate planning services to Tribal members. 

Thanks to the Wills Clinic at ASU Law’s Indian Legal Clinic, 14 members received wills that covered their allotments, trust personalty and other non-trust property. 

Progress, Power, Purpose: Torey Dolan (’19)

Women's History Month

In celebrating “Women’s History Month,” we turned to some of the women of the ILP to shed light on Native women legal professionals and advocates in this Progress, Power, Purpose series. This brilliant Choctaw woman is a great advocate for all things Native Vote and an asset to the program, especially the Indian Legal Clinic. Here Torey reflects on her law school memories and the meaning of her work. 

Q: What does your position entail?
A: I am the Native Vote Fellow in the Arizona State University Indian Legal Clinic – I work full time issues related to Voting Rights for Native Americans in the State of Arizona. I work directly with Tribes, County, and State Officers on voting issues as well as educate the public about barriers that Native Americans face. I also worked on the Arizona Native Vote Election Protection Project in the 2020 Election Cycle to advocate for Tribes to retain access to voting, answered calls to the Arizona Native Vote Election Protection Hotline, coordinated Election Protection Volunteers on election day, and we collected data on the barriers that Native Americans faced when voting. 

Q: Were you always interested in this kind of work?
A: No. I’ve always been interested in Civil Rights, but never thought about issues related to voting rights. It wasn’t until I was a student in the ASU Indian Legal Clinic working on the Arizona Native Vote Election Protection Project that I realized this is an ongoing area of civil rights struggle that needs attention. It was then I became passionate about the work. 

Q: What advice do you have for Native American women who want to work in this area?
A: Just do it! There are a handful of attorneys that work at the intersection of voting rights and Indian law and it would be great to get more women in this area. Start by networking and reaching out.

Q: What is your proudest career moment?
A: On election day, through our hotline and our volunteers we learned that polling locations on the Navajo Nation did not open on time and was opened an hour late. During election day, we worked on preparing a case along with the ACLU to go to court to keep the polls open longer at the end of the day to make up for lost time. We successfully got the court order. When a voter went to vote during the extended hour the poll workers attempted to turn her away, but our volunteer encouraged her to stay as she called the hotline. I answered the hotline call and explained to the voter that she had the right to vote because of the court order. We stayed on the phone talking to the voter and poll worker, alerted the Navajo Nation Department of Justice, the Secretary of State, and the Apache County Election’s Department. We were adamant. Ultimately, the county got in touch with the poll workers and the county instructed them to let the voter cast a ballot. It was a day’s worth of work to get the court order and because of our volunteers, our team, and our efforts we were able to ensure that person voted.

Q: Is there anything you’ve learned after graduating that you wished you learned in class?
A: I wish I had learned more about counseling Tribal clients when it comes to deciding when to file a lawsuit and when to pursue other diplomatic channels to solve disputes. As Native people, we know that you can be right on the law and still lose in court due to bias. Tribal governments must balance a lot of factors when deciding whether to pursue legal action, so I wish I had more experience in addressing those various concerns before graduating.

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career?
A: I’m very grateful that my Indian Law professors repeatedly emphasized the nature of jurisdiction on Indian reservations. I feel comfortable analyzing state law and how it impacts Native Americans living on Tribal lands because I know the in’s and out’s of state jurisdiction on Tribal lands thanks to my professors.

Q: What is your advice for current students?
A: Get to know your professors and the people in your community. Indian law is a small field and the people around you have a wealth of knowledge. These are people that will go on to be your mentors, colleagues, adversaries in court, or just lifelong friends. Get to know them, and remember, when someone helps you make sure you help them down the road.

Q: Who are three Native American women law professionals and/or advocates who should be on our radar right now?
A: Sarah Crawford (’19), Blair Tarman (3L), and Rellani Ogumuro (’19)

    • Sarah Crawford has been working in Washington D.C. as an attorney at a boutique law firm that was able to help the Little Shell Band of Chippewa achieve federal recognition and is now working with them as they build their government with more capacity in their transfer from state recognized to federally recognized. I think she is very efficient in advocacy and has tremendous personal and professional knowledge of bridging the gaps between Tribal governance and federal advocacy.
    • Blair Tarman is a 3L this year in the Indian Legal Program. I was her moot court coach for the 2020 competition and was continually blown away by her work ethic, her humility, and most of all her intelligence. As a clinic student, Blair was consistently reliable and constantly striving to achieve more. I’m excited to watch her enter the Indian law profession because I know she is going to grow into a formidable advocate and I’m excited to see everything she will do for Indian Country.
    • Rellani Ogumuro is intelligent, kind, pragmatic, and passionate. She is the first person I ever met who was indigenous to a Territory of the United States and not a state. I know she has a deep love for the people of Saipan and the land and as an advocate has always talked about using her career to serve her people. I believe that she will go on to change this country’s understanding of its relationship to the people of Saipan, the Mariana Islands, and all people Indigenous to U.S. Territories.

Q: Favorite law school memory.
A: Doing moot court in 2019 with Sarah Crawford, Ana Laurel, and Meredith Duarte. We put in a lot of work, Sarah and I did not advance, but we all became really close and the friendship I have with them is an important part of my life and something I’m grateful for every day.

Review Torey’s publications:

  • “Voting in Our Voices” article
  • Co-authored “The Indian Law Bombshell: McGirt v. Oklahoma” article

Continue to Progress, Power, Purpose series.

________

Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law

ASU Indian Legal Clinic in D.C.

On Feb. 11, Kris Beecher (3L), Jasmine Blackwater-Nygren (3L) and Blair Tarman (2L) accompanied Professor Patty Ferguson-Bohnee to the House Subcommittee on Elections Hearing on Native American Voting Rights: Exploring Barriers and Solutions

ILC students and Native Vote Fellow Torey Dolan (’19) helped to prepare the testimony that was delivered to the Subcommittee. Additionally, Navajo Nation Attorney General and ILP graduate Doreen McPaul (’01) testified on behalf of Navajo Nation. Congratulations to all involved!

You can view the testimony, which was recorded live in Washington, D.C., here.

Navajo Nation President Jonathan Nez gave a hearty acknowledgement to the ILC. Read the post here.

Ferguson-Bohnee and McPaul were also quoted in a Cronkite News article about the Native Vote hearing on Feb. 11. Read the article here

Ferguson-Bohnee and McPaul were also quoted in a Cronkite News article about the Native Vote hearing on Feb. 11. Read the article here

Pechanga Wills Clinic

The Sandra Day O’Connor College of Law’s Indian Legal Clinic partnered with the Pechanga Band of Luiseño Indians Tribal Leadership and the California Indian Legal Services on Sept. 23 and 24 in an extremely successful Indian Wills Clinic for the members of the Pechanga Band. At the event, free legal services were offered to members of the Band who wished to create wills for bequeathing their allotments. The Pechanga Indian Reservation includes a mix of trust lands, fee lands and lands owned by the Band, individual Indians and non-Indians.

Eleven members of the Band met with three Indian Legal Clinic students on the first day of the Clinic to discuss their estate planning needs. The students then drafted an Indian will that was ready for execution on the following day for each of the individuals. Jennifer Parisien, Tribal Treasurer Department Financial Analyst, coordinated the event while Michele Fahley, Deputy General Counsel for the Band, and Mica Llerandi, staff attorney with California Indian Legal Services, supervised the student attorneys.

“Ensuring tribal members have access to legal services in preparing Indian wills has been a long-term priority for my office,” said Steve Bodmer, JD ’06, the Band’s General Counsel. “When our Tribal Secretary and Tribal Treasurer reached out to me regarding adding wills to the Pechanga financial education series, my thoughts turned immediately to the Indian Legal Program as a possible resource to make this project a success.”

Robyn Delfino, Pechanga Band Tribal Treasurer, explained that the Wills Clinic was part of a larger initiative sponsored by the Tribal Treasury Department and Tribal Leadership with an aim of assisting members by providing education about financial management and legal tools for planning for the future.

“The amazing work that was performed in the Wills Clinic is evidenced in the reaction of the Band’s membership,” said Bodmer.

“The feedback from members was extremely positive,” added Delfino, “which resulted in multiple tribal members contacting us to ask when the next clinic would be held. The partnership between the Tribal Leadership, California Indian Legal Services, and the Sandra Day O’Connor College of Law’s Indian Legal Clinic was a win-win situation where tribal members gained very valuable services while students gained very valuable educational experiences.”

The students involved in the Wills Clinic were universal in their appreciation for the learning opportunities the program provided.

“I am thankful for the rewarding and humbling experience of working with clients to prepare their wills from start to finish,” shared Cynthia Freeman, JD candidate ’20, “I am grateful for the first-hand practical experience, which
is a great contribution to my overall legal education.”

Cora Tso, JD candidate ’20, said “creating a will is a proactive step for members to take to protect their families for generations to come. It was an amazing experience to be able to help them with their endeavors.”

Shayla Bowles, JD candidate ’20, was happy for the experience in counseling clients.

“From a practical standpoint, I learned how to conduct an interview while acknowledging the very sensitive and personal nature of estate planning,” said Bowles. “Because drafting Indian wills is a specialty, I feel blessed to have this knowledge to apply in my legal future.”

“The students did a tremendous job of building the clients’ trust in the limited amount of time available to them,” said Helen Burtis, JD ’07, the faculty associate overseeing the students’ participation in the Wills Clinic. They prepared for
the Wills Clinic by learning about fractionalization of allotments and the
American Indian Probate Reform Act.

“Drafting Indian Wills is technically complex, and the students were dedicated to getting the clients’ estate planning wishes accurately incorporated into the documents,” Burtis added. “On behalf of the Indian Legal Clinic and the Indian Legal Program, I would like to thank Pechanga Tribal Leadership and staff as well as the members who agreed to work with students for letting our students take part in this valuable program.”

Happy #NationalVoterRegistrationDay!

Happy #NationalVoterRegistrationDay! Have you registered yet? Here’s a #throwback to when Professor Patty Ferguson-Bohnee and the ILC helped Agnes Laughter, a Navajo elder become a registered voter in 2008. “All of my heartache has changed as of this day,” said Laughter, who was 77 at the time. “I have an identity now. My thumbprint will stand. I feel fulfilled.” 💛 Register today to be #VoteReady

Successful Pechanga Band Wills Clinic

On Sept. 23 and 24, Indian Legal Clinic students Cynthia Freeman (3L), Shayla Bowles (3L) and Cora Tso (3L) took part in the Pechanga Band Wills Clinic, led by Professor Helen Burtis (’07). The ILC partnered with the Pechanga Band of Luiseño Indians Tribal Leadership and the California Indian Legal Services to offer free legal services to the members of the Pechanga Band who wished to create wills for bequeathing their allotments.“The students did a tremendous job of building the clients’ trust in the limited amount of time available to them,” said Burtis. “Drafting Indian Wills is technically complex, and the students were dedicated to getting the clients’ estate planning wishes accurately incorporated into the documents.”

Read the full article on our blog here.

Native Vote Roundtable

 
On Sept. 13, ILP hosted the Maricopa County Native American Voting Roundtable at the Beus Center for Law and Society. This event is part of the 2019-2020 Roundtable Project in which the county and the Elections Department are bringing in voter’s voices into the conversation of what needs to change in the election and voting process in underrepresented communities. 

Professor Patty Ferguson-Bohnee kicked off the event and started the discussion by asking questions on what needs to be changed and how those changes be implemented to improve access to voting from Native American voters.

Several students, staff and faculty attended the event, including Professor Ferguson-Bohnee, ILC Program Coordinator Bari Barnes, Torey Dolan (’19), Brian Garcia (2L) and Hilary Edwards (1L). Edwards commented on her experience at the roundtable.

“We are participating in shaping the future of our communities by voting,” Edwards said. “I was intrigued by the purpose of the roundtable project, which is to keep an open line of communication between protected groups, underrepresented communities and the Maricopa County Recorder’s Office. It’s incredible that the MCRO has created a space to be with these various groups of people to ensure that they have a clear understanding of the changes that ultimately impact them.” 

Barnes helped coordinate the roundtable, “I think these meetings are important because it’s a forum that provides communities direct access to those who shape the process for fair and equitable elections; at the same time it’s an opportunity for those governing the process to meet the folks they represent.”

2018 Tribal Court Trial Skills

In June, 22 tribal court practitioners from Arizona, Minnesota, Montana, New Mexico, South Dakota, and Wyoming successfully completed the Indian Legal Clinic’s eighth bi-annual Tribal Court Trial Skills College, held at the Sandra Day O’Connor College of Law. Students said the training was remarkable, challenging, and intensive and that it was a great opportunity to meet practitioners from other parts of the country. The four-day program provides practitioners with training on the skills necessary to try civil and criminal cases in tribal court. Faculty for the Tribal Court Trial Skills College were exceptionally qualified and experienced tribal court lawyers from throughout Arizona. Students received individual feedback and evaluations on their skills from sitting tribal court judges from throughout Arizona and California.

During the Trial Skills College, students received training in interviewing witnesses, pretrial motion strategy, trial strategy, jury selection, opening statements, how to take testimony, how to introduce evidence and to effectively make objections, and closing arguments. Training was followed by skill-directed practice in mock trial simulations. Students also learned about the history of federal Indian law and policy, ethical considerations of trial practice, tribal courtroom etiquette, and how to put together an effective trial notebook.

A heartfelt thank you goes to our faculty, tribal court judges, and alumni as well as everyone else who volunteered to role-play jurors and witnesses for our trial simulations.