Standing strong: The fight for fair Native voting rights

Posted on November 21, 2024 by dwilliams

On Election Day, Indian Legal Clinic Director Patty Ferguson-Bohnee and Navajo Nation Attorney General Ethel Branch filed a lawsuit on behalf of the Navajo Nation against Apache County officials for violating Tribal members’ fundamental right to vote, and other crucial rights guaranteed by federal and state law. Torey Dolan (’19) helped run the Arizona Native Vote hotline and submitted her declaration to support the lawsuit.

Apache County officials failed to comply with essential voting requirements, including opening polling locations on time, providing correctly printed ballots, maintaining adequate ballot supplies and long lines with wait times up to 2-3 hours – denying many Navajo voters the opportunity to vote. A voter reported to the Arizona Native Vote Hotline that elders left because standing in the 40-degree weather for extended periods was too much hardship.

Third-year law students Shandiin Herrera and Sadie Red Eagle, in the field at voting locations in Apache County, were quoted in Cronkite News article “Voters in Navajo Nation face polling issues on Election Day; Apache County extends voting hours.” Candace French (’17), an attorney voting in Window Rock, was nearly turned away when she presented her Tribal ID at an Apache County polling site. Dolan was also interviewed by azcentral, detailing the issues reported to the Arizona Native Vote hotline.

“It’s a huge issue to be precinct-based, especially in rural parts of the county, and especially on tribal lands, because as we saw today, there’s just so much confusion. And so people don’t have gas money, they don’t have the time, they have to go back to work. And so if it was in the vote-center system, they could just go to any polling location and cast a standard ballot.”

Shandiin Herrera (Navajo Nation) Third-year law student and co-lead

Many Navajo voters attempted to vote but were unable to due to Apache County’s many systemic failings. The Navajo Nation successfully secured a court order to extend voting hours at nine polling sites where Arizona Native Vote Election Protection Project volunteers observed these issues, as well as the locations where Navajo voters reported significant issues to the Arizona Native Vote Hotline. Herrera and Red Eagle defended voters’ rights to the extended voting hours against uninformed poll workers and police presence.

In an ASU News article, Herrera highlighted the extensive current voting barriers Native Americans face in rural communities.

We extend our deepest gratitude to all volunteers, advocates, allies and partners who served as Native Vote Protectors, working tirelessly to amplify Native voting power! This year, over 100 dedicated volunteers served as Native Vote Protectors, assisting voters across multiple polling locations in 12 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Fort Mohave Tribe, the Gila River Indian Community, the Hopi Tribe, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation, the Yavapai-Apache Nation, and the White Mountain Apache Tribe. Thanks to your efforts, we were able to support voters both through the hotline and on the ground, addressing issues and ensuring that Native voters could exercise their fundamental right to cast their ballots.

This year’s Arizona Native Vote Election Protection Project mighty team includes our Indian Legal Clinic third-year law students Garrett Bryan, Shandiin Herrera (co-lead), Imani Hicks, Morgan Oakes and Sadie Red Eagle (co-lead), under the supervision of Director Patty Ferguson-Bohnee, who ran the hotline with Democracy Director Joel Edman, Maya Araujo, Honore Callingham (’18), Torey Dolan (’19), Jordan Garcia (’23), Blair Tarman-Toner (’20) and Alexander Castillo-Nunez from the Inter Tribal Council of Arizona.

2023-2024 Native Vote recap

Posted on June 5, 2024 by dwilliams

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.

Growing Native businesses

Posted on March 22, 2024 by dwilliams

Earlier this semester, Professor Robert Miller worked with an advisory group organized by the National Congress of American Indians on a three-part “Why Native Small Business Matter and How to Grow Them” animated video series. The video series concentrates on reservation economic development over the long-term.

Watch each video in the series!

Traditional Knowledge Economies

Colonial Disruption and Enduring Legacies

Reclaiming Native Economies

ASU Law students sworn into local Tribal Court

Posted on March 18, 2024 by dwilliams

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.

“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.”

“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.

Student attorneys representing in Tribal Courts

Posted on October 9, 2023 by Indian Legal Program

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

Posted on July 25, 2023 by dwilliams

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.

Indigenizing the legal profession

Posted on June 17, 2023 by dwilliams

The ILP teamed up with its Native American Pathway to Law Initiative partners – University of California, Berkeley School of Law’s Admissions Office, Michigan State University College of Law’s Indigenous Law and Policy Center and Pre-Law Summer Institute, and American Indian Law Center, Inc. – and hosted its ninth annual Pathway to Law workshop at ASU Law. The program brought together 43 Native American students representing 30 tribes to learn about the law school admissions process, and tools and resources to support their law journey.

Stacy Leeds, Willard H. Pedrick Dean and Regents Professor of Law, gave a warm welcome to the class, discussed brief Indian Law history, and shared her wisdom and tips. Patty Ferguson-Bohnee, ILP Faculty Director, also extended a hearty welcome to the students.

Wenona Singel, Professor of Law and Associate Director of the Indigenous Law & Policy Center at Michigan State University (MSU Law) presented “Indigenizing the Legal Profession” and provided insight on Native American lawyers in the United States.

Kristen Theis-Alvarez, Dean of Admissions and Financial Aid at Berkeley Law, provided her expertise in several panels covering the law school admissions timeline and how to create a strong application packet.

To empower the students, Native law professionals Diandra Benally (’05), Torey Dolan (’19), Joseph Flies-Away (’04), Michelle Fox, Kiyoko Patterson (’03) and Denten Robinson presented on a panel “Why we need more Native attorneys.” Law students Gabe Dowell (2L), Keely Driscoll (2L), Shandiin Herrera (2L), Maryam Salazar (3L) and Berkeley Law 2L Robin Martinez shared their current experiences in law school during the panel presentation “Our journeys, in our own voices.” Both panel sessions were moderated by attorney Jeremy Aliason.

Simon Goldenberg (’17) and Cassondra Church discussed an overview of law school in their presentation “3 years in a Nut Shell.”

“One of the first courses you’re going to take in law school is Property Law,” said Professor Trevor Reed in his mock class. “It’s a complicated subject because it’s all about ownership.” Students were given cases to read and prepare for Professor Reed’s class and learned about briefing the case and best argument.

ILP Executive Director Kate Rosier and Theis-Alvarez co-presented “Choosing where to apply.”

During the Pathway to Law Workshop, Rosier joined Indian Country Today and talked about the history of the Native American Pathway to Law Initiative and positive outcomes of the program.

Rodina Cave Parnall, Executive Director of the American Indian Law Center presented on “Extending the pipeline: an intro to PLSI.”

Joseph Lindsay, Director of Admissions and Operations at Berkeley Law, presented “Financial aid: resources and considerations for Native law students.”

We appreciate all of the partners, ILP faculty, staff and alumni, attorneys and law students for supporting these motivated Native American students and their bright future.

This was the largest workshop to date, congratulations to the Pathway to Law national team: Cassondra Church and Wenona Singel, Indigenous Law & Policy Center, Michigan State University College of Law; Joseph Lindsay and Kristin Theis-Alvarez, Berkeley Law; Rodina Cave Parnall (’01), American Indian Law Center, Inc.; and Kate Rosier, ILP at ASU Law.

2023 Native Vote recap

Posted on June 6, 2023 by dwilliams

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.

Legal Futures at the Navajo Nation Tuba City Court

Posted on June 6, 2023 by dwilliams

Indian Legal Clinic Director Patty Ferguson-Bohnee serves as a member of the Arizona Supreme Court Commission on Diversity, Equality and Justice. For the past few years, the Committee has hosted Legal Futures for high school students with an interest in the law to provide an opportunity for young students to interact with judges, attorneys, and other legal professionals and learn about the legal profession and pathways to the bench.

This year, it was the first collaboration between the Arizona Supreme Court and a Tribal Nation’s Court to host a “Legal Futures: Setting the Stage for Your Legal Career” in Indian Country. Ferguson-Bohnee with ILP alumni — Michael Bennett (’16), attorney for the Navajo Nation, Kris Beecher (’20), attorney at Dickinson Wright PLLC, Verrin Kewenvoyouma (’04), majority owner and managing partner of Kewenvoyouma Law, PLLC, — traveled to the Navajo Nation and shared their journey to law. Students learned that about different areas of law: government workers to court staff, private business to law firms, and quasi to utilities, water and universities.

From the American Bar Association, 2022

Native Americans are underrepresented within the law but the most affected by the law. Learning opportunities like these events empower, expose and engage Native American high school students. Young adults, whose minds are at a developmental stage in their life, can learn from current Native American professionals, who are also every day relatives and grew up on tribal lands.

Collaborations like these are important and we look forward to hosting more events. We extend our appreciation to the Navajo Nation District Court in Tuba City. Thank you to our awesome ILP alumni crew – Verrin, Kris, and Michael – for spending time with the students.

Repatriation of cultural objects

Posted on May 23, 2023 by Indian Legal Program

This year, the Indian Legal Clinic (ILC) student attorneys Brittany Habbart (3L) and Ruben Zendejas (3L) prepared a comment on the repatriation of cultural objects for a new Austrian repatriation project created by the Advisory Committee for Guidelines for Collections in Austrian Federal Museums from Colonial Contexts convened by the Federal Ministry of Arts, Culture, Civil Service and Sport (BMKÖS). BMKÖS requested comments and suggestions while Austria is considering new laws and policies about when to repatriate and the process of repatriation for a variety of materials. Certain items within Austria’s collections have a history of colonialism, violence, or otherwise did not have meaningful consent. The country has opened the important discussion about the way museums acquired their collections, including Austria’s federal museums, and how to address those items present-day.

The ILC comment suggests, “that meaningful repatriation policy consider all cultural items from historically colonized communities to be subject to and open for repatriation; make considerations for formally recognized indigenous governments, as well as other smaller indigenous communities and even, if necessary, individual claimants; and, the burden of proof be not placed solely on Indigenous communities, but on the western institutions themselves. Further we advise the museum to consider the possibility of digital repatriation — the authorization of licenses, copyrights, etc. — where physical repatriation is not wanted, needed, or possible.”

The Indian Legal Clinic worked with Professor Trevor Reed to prepare the comment.

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law