New Research Tool for Indian Law Judges, Lawyers & Students

Need to know where to find an Arizona tribal code or tribal court opinion? Want a quick legislative history of a major federal Indian law? Looking for an authoritative list of websites that will keep you up to date on Indian legal issues? Then the ASU Law Library’s Indian Law Portal is the tool for you!

By providing links to comprehensive, authoritative, free materials the portal is a community resource that can be used by anyone doing Indian legal research. ASU subscription materials are available for use in the library.

The portal links to electronic and print resources and brings together in one place many legal and interdisciplinary resources that the University purchases for its students and faculty, including databases, indexes, full text electronic journals, authoritative websites, and print resources. Unique resources created specifically for American Indian law researchers, include a chart on Arizona Tribal Law Sources, legislative histories for selected federal Indian laws, and an historical timeline that links to primary legal documents.

If you need assistance in using the portal, check out our guide on How to Use the Indian Law Portal (it is also available as a presentation) or Ask a Librarian for further assistance.

Williams Completes CLA/CP Exam

Jennifer Williams, legal assistant in the Indian Legal Clinic, has completed the two-day exam for Certified Legal Assistants or Certified Paralegals. Passage of the exam allows Williams to use the professional credential of CLA or CP. She is among 1,081 paralegals in the State of Arizona and 15,652 paralegals nationwide who have attained this goal.

“I would like to thank my supervisor, Professor Patty Ferguson-Bohnee, and everyone in the Indian Legal Clinic for their encouragement and support while I studied and sat for the exam,” said Williams, who has worked in the Indian Legal Clinic for one year.

Established in 1976, the CLA/CP examination program is a voluntary professional credentialing program developed by the National Association of Legal Assistants and administered by a board composed of paralegals, members of the American Bar Association and members of the field of education active in paralegal training.

The exam covers communications; legal research; ethics; human relations and interviewing techniques; legal terminology; judgment and analytical ability and substantive law. Continuing legal education is required to maintain the status.

The National Association of Legal Assistants, headquartered in Tulsa, Okla., is a national, nonprofit association that represents more than 18,000 paralegals through individual members and 83 affiliated state and local associations.

Professor Ferguson Bohnee chosen NABA-AZ Member of the Year

Patty Furguson-Bohnee Patty Ferguson-Bohnee, director of the Indian Legal Clinic, has been chosen 2009 NABA-AZ Member of the Year Award by the Native American Bar Association of Arizona.

Ferguson-Bohnee was chosen for her “immeasurable” work in both the legal community and the Native American community, including her service as co-founder and vice president of NABA-AZ, her work for the Native community on the Election Protection project, and her recent appointment as vice president of the National NABA.
Ferguson-Bohnee will be recognized at the inaugural Seven Generations Awards Dinner from 6-9 p.m. on Saturday, Sept. 26, at the Whirlwind Golf Club on the Gila River Indian Community, 5692 W. North Loop Road in Chandler.

Ferguson-Bohnee has substantial experience in Indian law, election law and policy matters, voting rights, and status clarification of tribes. She has testified before the United States Senate Committee on Indian Affairs and the Louisiana State Legislature regarding tribal recognition, and has successfully assisted four Louisiana tribes in obtaining state recognition.

She has represented tribal clients in administrative, state, federal, and tribal courts, as well as before state and local governing bodies and proposed revisions to the Real Estate Disclosure Reports to include tribal provisions. She has assisted in complex voting rights litigation on behalf of tribes, and she has drafted state legislative and congressional testimony on behalf of tribes with respect to voting rights’ issues.

Breann Swann receives research fellowship!

2009 LL.M. grad receives research fellowship

Breann Yoshiko Swann, a 2009 graduate of the College of Law’s LL.M. in Tribal Policy, Law and Government program, recently was named the recipient of an Inaugural Research Fellowship according to a recent University of Hawai’i, Mānoa press release.

The fellowship was established through the Kamehameha Schools, a charitable educational trust, whose mission is to provide educational opportunities to improve the capacity and well-being of people of Hawaiian ancestry. It will enable Swann to conduct up to three years of research, scholarship, teaching and/or other research-related projects at the Ka Huli Ao Center for Excellence in Native Hawaiian Law at the William S. Richardson School of Law.

Swann earned her bachelor’s degree in English from Yale University and a J.D. from the University of Southern California — Gould School of Law.

To read the University of Hawai’i press release click here.

To read other College of Law stories about Swann please visit http://www.law.asu.edu/?id=902 and http://www.law.asu.edu/?id=1368.…..

Tsosie will Speak at the University of Oregon School of Law

Tsosie to speak on ‘Indigenous Peoples and Global Climate Change’

Rebecca TsosieRebecca Tsosie, Executive Director of the Indian Legal Program, will speak next month on “Indigenous Peoples and Global Climate Change: Intercultural Models of Climate Equity” at the Knight Law Center at the University of Oregon School of Law.

The presentation, scheduled for Sept. 11, will frame the issue of “climate equity” within a global context, but focus on the impacts of climate change on indigenous peoples. Indigenous peoples have been identified as “vulnerable groups” within the discussions on climate change, and it is projected that many indigenous groups will experience relocation and destruction of their traditional lifeways. This grim reality poses a unique set of challenges for all governments, and also features an opportunity to examine the legal and ethical duties that might arise from these challenges.

Tsosie teaches in the areas of Indian law, Property, Bioethics, and Critical Race Theory, as well as seminars in International Indigenous Rights and in the College’s Tribal Policy, Law, and Government Master of Laws program. She has written and published widely on doctrinal and theoretical issues related to tribal sovereignty, environmental policy and cultural rights, and is the author of many prominent articles dealing with cultural resources and cultural pluralism. Tsosie also is the co-author with Robert Clinton and Carole Goldberg of a federal Indian law casebook. Her current research deals with Native rights to genetic resources.

Linda Benally receives State Bar Award

Linda Dayish Benally (Class of 2003) received the Hal Israel Community Service Award at the State Bar’s Annual Convention. The Hal Isreal Award which recognizes a young lawyer who gives generously of his or her time and knowledge to the community through Bar-sponsored programs and initiatives. The award is named for Herman Allen “Hal” Israel, whose great mind and generous spirit were inspirational. Benally, a member of the Diné Nation, is an attorney at Pinnacle West Capital Corp., where she practices regulatory and contract law. Her list of service is lengthy: she is on the State Bar of Arizona’s Diversity Task Force, served on the Bar Leadership Institute’s inaugural Board of Directors/Selection Panel, is a founding member and board member of the Native American Bar Association of Arizona, is on the board of the Phoenix Indian Center and the National Native American Bar Association and also gives her time to several other organizations.

Humetewa announces resignation

FOR IMMEDIATE RELEASE Public Affairs
Tuesday, July 28, 2009 SANDY RAYNOR
Telephone: (602) 514-7625
U.S. ATTORNEY IN ARIZONA ANNOUNCES RESIGNATION

PHOENIX – U.S. Attorney Diane J. Humetewa announced today that she will resign from her position as United States Attorney for the District of Arizona effective August 2, 2009. Ms. Humetewa was confirmed by the U.S. Senate and sworn in as U.S. Attorney on December 17, 2007. The District of Arizona is comprised of the entire state of Arizona, and includes 15 counties, 22 Indian nations and the fifth largest metropolitan city in the nation. The office currently has over 300 employees, having grown by 20 percent during Ms. Humetewa’s tenure.
“It has been a great privilege to serve the citizens of Arizona in this office,” stated U.S. Attorney Humetewa. “I am grateful to the entire U.S. Attorney staff for their daily commitment in the pursuit of justice for our citizens, and I am also grateful to all our federal, tribal, state, and local law enforcement partners whose hard work is indispensable in that pursuit. I also thank the Arizona Congressional delegation, the Arizona federal court judges, the United States Attorney General, and the President for the opportunity to serve the nation.”
Arizona officials praised Ms. Humetewa’s tenure as U.S. Attorney, during which she led the office in a high profile public integrity prosecution, oversaw the expansion of the District office to address southwest border security challenges, provided victim advocacy services to crime victims, and advanced unprecedented collaboration with Arizona’s tribal nations. She has served as a key advisor to the Justice Department leadership in both administrations on border crimes, federal victim rights and Indian Country issues.
“Diane Humetewa has been a groundbreaking United States Attorney for Arizona,” stated U.S. Senator Jon Kyl. “She is the first Native American woman and, as far as I know, the first victim advocate, to serve our nation in this important office. During her tenure she has been a well respected prosecutor handling difficult cases from violent crime to serious antiquities thefts. Diane leaves office with the respect of all law enforcement and the thanks of the nation she served.”
One of her first acts was to announce the indictment of then-Congressman Richard Renzi on 33 counts of embezzlement and the misuse of his public office for financial gain. The prosecution is ongoing. Last month, Ms. Humetewa’s office announced the indictment of two Illinois brothers on charges they conspired in the February 2004 package bombing that injured two people at the Scottsdale Office of Diversity and Dialogue. Ms. Humetewa also collaborated with the FBI to prosecute a number of serial bank robbers who were responsible for a rash of bank robberies throughout the Valley earlier this year.
“United States Attorney Diane Humetewa has vigorously supported FBI Phoenix Division’s investigations during her tenure and has been a strong proponent of victim’s rights in matters such as Crimes against Children, Mortgage Fraud, and Indian Country Crimes. U.S. Attorney Humetewa’s strengths have been her relentless pursuit of justice and compassion for crime victims,” stated Special Agent in Charge Nathan Gray, FBI Phoenix Division.
“United States Attorney Humetewa has worked tirelessly to make Arizona and the United States a safer place,” stated Matthew Allen, Special Agent in Charge of U.S. Immigration and Customs Enforcement in Arizona. “She has been a strong partner with law enforcement agencies from all levels of government, including federal, state, local and tribal governments. Her support of the Department of Homeland Security law enforcement agencies, in particular U.S. Immigration and Customs Enforcement (ICE), has been a key part of our ability to make the border more secure and our citizens safer. Diane has also been a strong advocate for victims and victim’s rights and has worked to bring more prosecutorial resources to this District so that we can bring more significant cases against the criminal organizations that we target.”
Challenges along the southwest border include drug cartels and other smuggling organizations that have become increasingly violent and ruthless in Arizona. She took office when the demands to do more with fewer human resources were frequent. To meet this challenge, the Justice Department funded the expansion of the office in the District of Arizona, adding 20 attorneys and 40 support staff to meet prosecution demands. Under Ms. Humetewa’s leadership, border crime prosecutions increased in 2009 by over 70% in Tucson and over 50% in Phoenix from the previous year.
Beth Kempshall, Special Agent in Charge, Drug Enforcement Administration in Arizona, commented that, “As United States Attorney, Diane Humetewa was confronted with unprecedented challenges from the Mexican Cartels as they attempted to smuggle illegal drugs into the United States. The leadership and commitment that Diane demonstrated strengthened the efforts of law enforcement against these ruthless criminal enterprises. Ms. Humetewa dedicated herself to making Arizona a safer place for all of us.”
Early in her tenure, Ms. Humetewa established a firearms unit to focus on federal gun laws that penalize career criminals, criminal aliens and firearms traffickers. The firearms unit was recently touted by Justice Department officials as a model for firearms trafficking prosecutions. Every day she has fostered cooperative law enforcement efforts with federal, state, local and tribal partners to fight the violent trade in people, drugs and guns.
Bill Newell, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, stated that , “It has been an honor and a pleasure to work alongside Diane during her tenure as Arizona’s U.S. Attorney. I have witnessed her be a tireless advocate for victim’s rights in pursuit of the Department of Justice’s primary mission to serve and protect the citizens of this great nation. Similarly her dedication to the Native American community has been second to none and the Arizona ATF office will honor her service to these communities by continuing to serve them to our fullest ability.”
As the U.S. Justice Department’s lead interlocutor with Arizona’s tribal nations and a nationally recognized expert in Indian Country criminal justice issues, Ms. Humetewa took bold steps to enhance collaboration with Arizona tribes. In cooperation with the Bureau of Indian Affairs, her office conducted training to enable over 200 tribal police officers to receive
special certification to enforce federal laws on Indian lands. Recognizing the connection between substance abuse and violent crime, Ms. Humetewa formed partnerships with federal, state and tribal agencies, resulting in dozens of prosecutions of methamphetamine traffickers and bootleggers in Indian Country, a main contributing factor to violent crimes. A public awareness campaign, now in demand nationwide, encouraged greater Indian tribal community involvement to combat gangs and drugs.
“Diana Humetewa’s tenure as Arizona’s U.S. Attorney will be considered a milestone as she has applied her high level of legal knowledge, experienced professional skills and dedication to the complex justice system of our times,” stated John Lewis, Executive Director of the Inter-Tribal Council of Arizona. “The American Indian community proudly commends her work as a U.S. Attorney that has furthered the cause of justice for all people and improved a better understanding of justice issues in Indian Country.”
Sheila Morago, Director of the Arizona Indian Tribal Gaming Association, added that, “Diane was the spearhead for the creation of an MOU for funding of an Assistant United States Attorney that handles nothing but Indian Gaming crimes in Arizona. This unique position is funded by the Arizona Department of Gaming through the funds from Arizona’s Indian Gaming facilities and is the only position of its kind in the country. The agreement from the U.S. Attorney’s Office, the Arizona Department of Gaming and the Arizona Tribes would not have been possible if it weren’t for Diane’s knowledge of all three entities. This agreement is a testament to the trust that the tribes have in her.”
Additionally, in June 2009, Ms. Humetewa was awarded the Women in Federal Law Enforcement’s (WIFLE) highest honorary award, the President’s Award, in recognition for the outstanding achievements during her career as a prosecutor, a crime victims’ advocate and for her dedication to the training of law enforcement to enhance their response to crimes on the tribal lands.

Furnish & Attakai present at Navajo Nation Judicial Conference

Professor Emeritus Dale Beck Furnish and ILP alumnus Shawn Attakai (’00) participated in a panel at the Navajo Nation’s Annual Judicial Conference, “Navajo Justice 1959 – 2009 — 50 Years of Reflection,” on June 17 at the Fort McDowell Yavapai Nation.

Furnish, along with Justice Emeritus and Adjunct Assistant Professor Raymond Austin of the James E. Rogers College of Law at the University of Arizona, and Shawn Attakai, a Kayenta Judicial District staff attorney, were on the panel, Fundamental Law / Navajo Statutory Law / Federal Requirement. Two of Furnish’s articles on Navajo Nation law were used as the basis for the three-hour discussion.

4th Annual ASU NALSA Golf Tournament

Saturday, November 14, 2009
Whirlwind Golf Course
Chandler, AZ
8:15 A.M. Shotgun Start

The Native American Law Student Association (NALSA) at the Arizona State University Sandra Day O’Connor College of Law cordially invites you to participate in its 4th Annual Golf Tournament to be held on Saturday, November 14th, 2009. The scramble format tourney will take place at the Whirlwind Golf Course in Chandler, AZ. (Gila River Indian Community)

For further information or to request an entry form, please contact:
Derrick Beetso (602) 717-1828 or dbeetso@asu.edu

Deadline for entry is Saturday, October 31, 2009. Players may also enter late up to the day of the event for $155 per player (subject to space availability).

Tournament Sponsorships Available

WEWIN Conference

Women Empowering Women for Indian Nations Fifth Annual Conference

“Sovereignty: A Generation for Change”

July 31 – August 2, 2009
Radisson Fort McDowell Resort & CasinoScottsdale/Fountain Hills, AZ

This training and development conference is for elected Tribal officials, Indian community leaders, and State and Federal program managers committed to enhancements and change.

CONFERENCE TOPICS INCLUDE:

Women Entrepreneurs in Indian Country Share Sucessful StrategiesHow to Work Effectively with State, Local, Federal, and Tribal Government

Preparing for Leadership: Where Do I Start and What are My Responsibilities

Finance 101: Understanding Tribal Budgets, Indirect Costs, Grants, Discretionary Funds and Fiscal Responsibilities

http://guest.cvent.com/EVENTS/Info/Summary.aspx?e=719c9138-42b6-46ef-9a0d-060d46b90595