Category Archives: NABA-AZ

NABA-AZ Board Positions: Call for Nominations

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There is an open board seat on the Native American Bar Association of Arizona (NABA-AZ) Board of Directors 2024-2026. Board members serve 2 year terms, which begin immediately following the Annual Meeting, and are expected to provide significant contributions to the organization’s activities and mission.

If you are interested in serving on the Board of Directors, please email a letter of interest to Simon Goldenberg at simon.goldenberg@srpmic-nsn.gov by Oct. 1, 2024
 
Pursuant to the NABA-AZ Bylaws, Board members should meet the following requirements:

  • shall be a General Member in good standing with the Association
    • A General Member must be recognized by a Native community as being a Native American, Native Hawaiian, or Alaska Native and must also be a licensed attorney, judge or a tribal court practitioner admitted in good standing in tribal court in Arizona.
  • should be someone who can address and support the distinct, unmet needs of the Association
  • should be someone with leadership skills demonstrated by successful participation in an NABA-AZ committee, another bar association, experience on the board of directors of other nonprofit organizations, or other community efforts
  • should participate fully and even aggressively on behalf of the NABA-AZ.  The ability to attend Board meetings, the willingness to serve on Board committees, the desire to achieve good working relations with the Board of Directors and Officers and the commitment individually to take such steps as are necessary to promote the mission of NABA-AZ shall be measures of the requisite participation.

Call for articles: Special Indian Law edition of the Arizona Attorney 2024

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Deadline: February 23, 2024

The Indian Law Section is soliciting proposals for articles to be included in the 2024 special Indian Law edition of the Arizona Attorney magazine. The proposal should focus on an issue of interest to those who practice Indian Law.

Past articles from the 2023 Indian Law edition were:

Bones in Contention:

A Journey and a Cautionary Tale
BY: SHERRY HUTT

Up Shit Creek Looking for a Paddle
BY: M. KATHRYN HOOVER

Protecting Indigenous Sacred Places
BY: OLGA SYMEONOGLOU

The Trouble With the Tribal Law and Order Act
BY: CHRISTINA RINNERT

Avoiding Alphabet Soup in Your Legal Writing
BY: HON. KYLE FIELDS

Indian Law From Behind the Bench, Edition 2
BY: ALEXANDER MALLORY

Additional past articles from the
2022 Indian Law edition

See more

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, Gaming, etc.); the anticipated title; and a concise summary of the thesis of the article. 

Proposal authors will be notified on whether their proposed article has been accepted by March 1, 2024. The draft of the article for a selected proposal will be due on April 12, 2024. Final drafts of selected articles are due by May 10, 2024.

If you would like to submit a proposal or if you have questions, please contact:

Celebrating excellence, one award at a time

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The Native American Bar Association of Arizona (NABA-AZ) held its 2023 Annual Seven Generations Awards Dinner and Silent Auction and honored several of our ILP family. Congratulations to this year’s award recipients! ILP advisory council member Judith Dworkin received the Lifetime Achievement Award, Angela Willeford-Salazar (MLS ’23) with the Office of Congressional & Legislative Affairs’ Get Out the Vote Committee received the Community Leadership Award and Kiyoko Patterson (’03) received the Member of the Year Award.

Eleven ASU Native American Law Students Association (NALSA) students received the NABA-AZ Scholarship for their academic achievement. Congratulations to ILP students: Rachel Carroll (3L), Keely Driscoll (2L), Shandiin Herrera (2L), Clayton Kinsey (3L), Kaleb Lester (2L), Sadie Red Eagle (2L), Maryam Salazar (3L), Natalia Sells (3L), Ronnie Strode III (1L), Alexandra Trousdale (3L) and Makai Zuniga (2L).

The NABA-AZ are integral to student success and we appreciate their commitment to ILP students.

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.

Spark Indigenous Joy

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The Federal Bar Association Indian Law conference is a unique time when law practitioners and advocates come together and have an in-depth discussions about the future of Indian Country. It is also a time when organizations that serve the same purpose gather to acknowledge and celebrate Indigenous excellence.

ASU Law’s ILP family met at Sandia Resort for its 23rd annual Alumni & Friends Awards Ceremony and Reception. It was a night full of heartfelt messages and success stories to celebrate this year’s award recipients. Rebecca Ross (’10) received the Alumni Service Award and Stephanie Sfiridis (’16) received the Emerging Leader Award.

Six ILP family presented at this year’s Federal Bar Association Indian Law Conference. On day 1, Faculty Associate Paul Spruhan presented on a panel “Protection of Tribal Sovereignty and Self-Determination Before the U.S. Supreme Court,” ILC Director Patty Ferguson-Bohnee and Liz La quen náay Medicine Crow (’05) presented on “Access to the Ballot Box: Protecting Native American Voting Rights.” On day 2, Jacqueline Bisille (’14) and Rani Williams (’18) presented on “Efforts to Address the Intergenerational Impacts of Federal Indian Boarding School Policies,”Sfiridis presented on a panel “Improving the Land into Trust Process and Best Practices for Tribal Realty and Land Use” and Linda Benally (’03) joined colleagues for a discussion about bias and improvement to support Native American women attorneys during the final presentation “Ethics Panel-Elimination of Bias.”

The National Native American Bar Association (NNABA) also held its annual meeting followed by its 50th Anniversary Celebration with ILP alumni serving on the board: Native Vote Fellow Torey Dolan (’19) as director and Sarah Crawford (’19) as secretary. Native Vote Fellow Blair Tarman-Toner (20’) is NNABA’s newly elected Young Lawyer Representative to the American Bar Association. 

Eight ILP students received the NNABA bar scholarship. Congratulations rising grads: Chad Edwards, Ashleigh Fixico, Brittany Habbart, Michael LaValley, Lena Neuner, Ravynn Nothstine, Autumn Shone and Chanel Simon.

Native American legal warriors and trailblazers shared their wisdom from the early days of Indian Law, inclusion disparity and the need to “uplift our law practice,” as said by Thomas Fredericks, first NNABA president. ILC Director Patty Ferguson-Bohnee , Linda Benally (’03) and Diandra Benally (’05) were recognized as past presidents of NNABA. The Honorable Diane Humetewa (’93) is one of the most recognizable faces in Indian Country for being the first Native American woman to sit on the federal bench. During her special address, Judge Humetewa reflected on her historic appointment and how she felt witnessing the confirmation of two Native American women to the federal bench: Judge Lauren King’s appointment in 2021 as Washington’s first Native American federal judge and Judge Sunshine Suzanne Sykes’ appointment in 2022 as California’s first Native American federal judge. 

“I know that Judge King and Judge Sykes are deeply committed to advancing opportunities for Indigenous law students and lawyers, and they each bring a meaningful voice to their respective district courts on which they sit. And I know through us, we hope that you see that pathways to judicial positions are actually possible.” 

Our Indian Law community is filled with extraordinary advocates who walk with a special vision and purpose, a responsibility that our ancestors tasked us with. We enjoyed seeing everyone and we look forward to elevating the successes of Native American representation in the law. 

ILP alum receives ABA Spirit of Excellence award

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On Feb. 4, Diandra Benally (’05) was awarded the American Bar Association’s 2023 Spirit of Excellence award. This title is awarded annually to legal professionals that demonstrate excellence and commitment to diversity in law. 

Diandra is the first female general counsel of the Fort McDowell Yavapai Nation, a former special assistant U.S. attorney and former staff attorney with the Navajo Nation Department of Justice. She has also served on the National Native American Bar Association, the Native American Bar Association of Arizona and the Navajo Nation Bar Association.

In a true show of support, some of your ILP family traveled to New Orleans to celebrate an extraordinary recognition. Congratulations, Diandra!

Call for articles: Special Indian Law edition of the Arizona Attorney 2023

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Deadline: February 28, 2023

The Indian Law Section is soliciting proposals for articles to be included in the 2023 special Indian Law edition of the Arizona Attorney magazine. The proposal should focus on an issue of interest to those who practice Indian Law.

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, etc.); the anticipated title; and a concise summary of the thesis of the article.

Proposal authors will be notified on whether their proposed article has been accepted by March 10, 2023. The draft of the article for a selected proposal will be due on April 7, 2023. Final drafts of selected articles are due by May 5, 2023.

Past articles from the 2022 Indian Law edition were:

McGirt v. Oklahoma: The Most Impactful Indian Law Case in a Century?
By Professor Robert J. Miller

ICWA- The Gold Standard: Golden Nuggets of Evidence from Arizona
By Tara Hubbard & Fred Urbina

Indigenous Erasure in Public Schools: Critical Race Theory, Discriminatory Policies, and Remedies for Students
By Mia Montoya Hammersley, Adriana M. Orman & Wouter Zwart

“Authentic” From Time Immemorial: Reforming Rule of Evidence 902 To Reflect Tribal Sovereignty
By Henry Oostrom-Shah

The Cabazon Decision, 35 Years On
By Glenn M. Feldman

Tribal Labor and Employment Law: The Evolution of the Navajo Preference in Employment Act
By Paul Spruhan

Indian Law From Behind the Bench
By Alexander Mallory (’19)

Oral History on Trial
By Robert Alan Hershey

Past 2021 articles

If you would like to submit a proposal or if you have questions, please contact
Glennas’ba Augborne Arents (’16), Secretary, Indian Law Section
gaugborne@rothsteinlaw.com

OR

Hon. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov

NALSA recognition

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Students awarded NABA-AZ scholarships

On Oct. 8, twelve ASU Native American Law Students Association (NALSA) students received the Native American Bar Association of Arizona (NABA-AZ) Scholarship for their academic achievement at the “NABA-AZ 13th Annual Seven Generations Awards Event and Silent Auction.” 

Congratulations to ILP students: Rachel Carroll (2L), Keely Driscoll (1L), Chad Edwards (3L), Autumn Shone (3L), Alexandra Trousdale (2L), Sadie Red Eagle (1L), Natalia Sells (2L), Sophie Staires (2L), Shandiin Herrera (1L), Maryam Salazar (2L), Brittany Habbart (3L) and Kaleb Lester (2L).

We appreciate the continued support from our partners at NABA-AZ.

ILC: 2022 Year in Review

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This year, Professor Helen E. Burtis (’07) helmed the Indian Legal Clinic while Professor Patty Ferguson-Bohnee  sharpened her focus on other projects on sabbatical. During the academic year, eleven student attorneys worked over 3600 hours handling 22 cases covering a variety of subjects and venues, including tribal, state, and federal courts. Some of the accomplishments that students realized on behalf of their clients included assisting an elder to officially enroll in her tribe after a lifetime of paperwork complications, creating bylaws for a nonprofit funding youth in the arts, and successfully starting or concluding several appointments of personal representatives in probate cases. Students also researched and recommended options to protect tribal land, to recover expenses for services not performed, and to recover debts. 

This was the first year students were able to appear in tribal courts for criminal cases since the start of the pandemic. While still not at full capacity, seven student attorneys made appearances in tribal courts for both prosecution and defense. For many students, this was their first appearance in court. 

The ILC also expanded services for Indian Wills Clinics, forging new partnerships with two tribes while continuing two existing partnerships. In September 2021, 3L student attorneys Jacob Broussard, Liliana Elliot, Lindsay Ficklin, Zaine Ristau and Dwight Witherspoon and Professor Burtis traveled to Winterhaven, California for the third Wills Clinic for the Quechan Indian Tribe and in October, the same team also provided the third Wills Clinic for the Pechanga Band of Luiseño Indians in Temecula, California. 

In February 2022, clinic students Gwendolyn Bell (2L), Ryan Maxey (2L), Lena Neuner (2L), Claire Newfeld (2L), Ravynn Nothstine (2L) and David Streamer (3L) and Professor Burtis traveled to Santa Rosa Rancheria, California for the first Wills Clinic for the Tachi Yokut Tribe. 

In March, this team remotely provided another first Wills Clinic from ASU Law to the Mashantucket Pequot Tribal Nation in Connecticut. 

Overall, student attorneys created estate planning documents including wills, healthcare powers of attorney, and financial powers of attorney for 45 tribal clients during these Wills Clinics.

The ILC Team, including Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21) and Professor Ferguson-Bohnee, continues to work with tribes to protect tribal land and resources, uphold tribal sovereignty, advocate for cultural protections, support voting rights, and assist with status clarification of Tribes. Notably, Ferguson-Bohnee successfully argued and won a case before the Ninth Circuit Court of Appeals that found “intratribal disputes are generally nonjusticiable in federal courts.”

Tarman-Toner presented to the National Congress of American Indians’ Federal Recognition Task Force. Her presentation provided updates on Tribes seeking to gain federal recognition through legislative, judicial, and administrative avenues. 

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

Danielle Williams
Program Coordinator Sr, Indian Legal Program, ASU Law

Deadline Extended – Call for articles: Special Indian Law Edition of the Arizona Attorney 2022

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Deadline for 1-2 Paragraph Article Proposals: February 7, 2022

Deadline for Article Drafts: March 18, 2022

The Indian Law Section has extended the deadline for article proposals to be included in the 2022 special Indian Law edition of the Arizona Attorney magazine. Proposals should focus on an issue of interest to those who practice Indian Law. Publication in the Indian Law Edition of the Arizona Attorney magazine is a wonderful opportunity for Indian legal practitioners to showcase their expertise in the field of Indian law.  The Indian Law Section relies on you to contribute articles in order to preserve this outstanding tradition.

Past articles from the 2021 Indian Law edition were:
A View from Tribal Court: Tips for Best Practices
By M. June Harris

Thawing the Freeze: COVID-19’s Effect on the Former Bennett Freeze Area of the Navajo Nation
By Susan I. Eastman

The Words of the Talking God: Sustaining Native Nations Through the Common Law
By Joseph Austin

An Opportunity Arises: Prop. 207 and Arizona Tribes’ New Beginnings for Marijuana Legislation
By Judith Dworkin, Joe Keene, and Candace French

Epidemic Hiding in Plain Sight
By Susan Filan

Spectrum Sovereignty: The U.S. Must Recognize Indigenous Rights to Spectrum
By Darrah Blackwater

Arizona–Tribal 2021 Gaming Compact Amendments: What You Need to Know
By Heidi McNeil Staudenmaier and Ed Hermes

Bent But Not Broken – ICWA Stands: A Summary of “Brackeen v. Haaland”
By Glennas’ba Augborne Arents and April E. Olson

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, etc.); the anticipated title; and a concise summary of the thesis of the article. 

Proposal authors will be notified on whether their proposed article has been accepted by February 11, 2022.  The draft of the article for a selected proposal will be due on March 18, 2022.  Final drafts of selected articles are due by April 25, 2022.

If you would like to submit a proposal or if you have questions, please contact:

Glennas’ba Augborne Arents, Secretary, Indian Law Section
gaugborne@rothsteinlaw.com

Or

Hon. M. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov