Indian Rights Summer Fellowship recipients

The Indian Legal Program has been partnering with the Salt River Pima-Maricopa Indian Community (SRPMIC) and receives grant funding to offer Indian Rights Summer Fellowship, which allows students to design their summer job. The purpose of the Indian Rights Summer Fellowship is to promote public service in Indian country by providing funding to students who are working on legal issues affecting individual Indians or Indian Nations. The Fellowship provide students with an opportunity to undertake practical experiences with tribes, tribal/indigenous organizations, educational programs and/or nonprofits. This year, five students received the Indian Rights Summer Fellowship and share their summer job experiences.

Over the summer, Gwendolyn Bell (3L) worked with the Portland Area Indian Health Board on health policy projects and research. One of the projects she worked on was a Long-Term Care resource for Washington state, which provides detailed information on long-term health care services including information on staffing, building, care, and other requirements. It also includes sources for funding and other resources, and links to the Washington Administrative Code and Revised Code pertaining to that service. Bell also worked in making a resource for internal use of federal legislation and policy about Indian health. Finally, she assisted in preparing a bi-weekly legislation and policy update for member Tribes and organizations. The newsletter update presented information on new policies and legislation in the health care and Indian health areas, as well as information on town halls, Tribal leader meetings, and opportunities to write comments on pending policy. 

“I am incredibly grateful for the funding provided to me by the Salt River Pima-Maricopa Indian Community, as I would have been unable to accept this incredible opportunity otherwise,” Bell said. “I greatly enjoyed my experience this summer and learned a vast amount about the field which will help me in my career.”

Ashleigh Fixico (3L) had the honor of working with ILP alum, Judge Diane Humetewa (’93) in the Arizona Federal District Court. “Having the opportunity to be in the courtroom and experience live proceedings was the highlight of my law school career, which began during the height of COVID and virtual learning,” Fixico said. She enjoyed working with another ILP alum, Alexander Mallory (’19), a law clerk to Judge Humetewa. “He always provided helpful advice and the sincerest interest in you as a person. This summer was about growing up and accepting that my career as a student is almost over. I am thankful for Judge Humetewa and her chambers for taking me in and offering me space to grow into the individual I came to law school to become.”

Ryan Maxey (3L) spent the summer working as an intern for Denise Turner-Walsh, attorney general of the Rincon Band of Luiseño Indians. “It was an incredible opportunity where I got to utilize my knowledge of federal Indian law in a practical setting,” Maxey said. He researched and briefed the AG and other tribal government officials on evolving areas of federal law, including environmental and labor law, as they applied to the tribe. He also worked on fee-to-trust applications and helped draft HEARTH act-compliant residential leasing regulations. “I’m incredibly grateful that my Salt River Fellowship helped make this experience possible,” Maxey said.

Photographed with Bryan Newland, Assistant Secretary of the Interior for Indian Affairs, at a meeting of the California Fee-To-Trust Consortium
Photographed with Bryan Newland, Assistant Secretary of the Interior for Indian Affairs, at a meeting of the California Fee-To-Trust Consortium

“I’m incredibly grateful that my Salt River Fellowship helped make this experience possible,” Maxey said.

Sophie Staires (2L) worked as a legal intern for the Salt River Pima-Maricopa Indian Community Prosecutor’s Office. She worked closely with the criminal team and was able to participate in a number of dependency cases as well. She hit the ground running and was tasked with reviewing new police reports and helping prosecutors with charging decisions and drafting complaints. Before long she was assisting prosecutors by writing and filing motions, compiling documents for disclosure, and negotiating plea deals with defense advocates. Staires sat in on arraignments and hearings 3-4 days a week, and eventually obtained a license to speak in court. Now she is able to assist with weekly arraignments.

“Representing the Community in court is an honor and a privilege, and not one that I take lightly,” Staires said. “It is intimidating, but the attorneys are so supportive, making it the perfect place to work on litigation skills and build confidence.”

Over the summer, she collaborated with another fellow ILP intern, Alexandra Trousdale, on a research project: how different jurisdictions handle competency determinations and civil commitment. At the end of the summer, they presented on the Supreme Court decision Oklahoma v Castro-Huerta and its implications for tribal jurisdictions before the Native American Bar Association of Arizona (NABA-AZ) board.

“I think my favorite part of the summer was working with defense counsel to put together a plea deal,” she said. “It is an honor to have the trust of the prosecutors, and a relationship of mutual respect with the defense attorneys. My time at Salt River has shown me that it is possible to create a criminal justice system that is supportive, rehabilitative, and community oriented. It has been an incredible experience and has fueled my passion for serving tribal communities.”

Alexandra Trousdale (1L) worked for the Tribal Prosecutors Office at the Salt River Pima-Maricopa Indian Community over the past summer. She had the opportunity to get a diverse taste of legal practice in both civil and criminal prosecution. Trousdale observed several court proceedings and provided insight in various cases, including criminal prosecution, mental health evaluation, and child dependency. She also drafted disclosure statements, deferred prosecution agreements and plea agreements and took lead in plea negotiations with defense attorneys. At end of the summer, she led a presentation with a fellow ILP intern, Sophie Staires, on the Castro-Huerta decision before the NABA-AZ board.

NALSA recognition

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.

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

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 Virtualrsvp.virtual@azd.uscourts.gov

Link to More Information

Questions: humetewa_chambers@azd.uscourts.gov

Firm seeks 2L for 2023 Summer Law Clerk

Maier Pfeffer Kim Geary & Cohen LLP is a well-established law firm in Indian country, with a particular focus on the California region and the more than 100 federally recognized Indian tribes located there. Our partners offer decades of experience representing tribal interests on all matters affecting tribal government and reservation communities. We provide general and special counsel services on a wide range of matters including tribal gaming, governance, employment, administrative, business transactions and economic development, environmental compliance, Indian Housing/NAHASDA, ICWA, tribal TANF, state and federal taxation and land-into-trust acquisitions. In furtherance of tribal sovereignty, we work closely with tribal leaders on strengthening tribal legal systems by updating core governance documents including tribal constitutions, membership and election statutes, and a wide range of other tribal laws and administrative policies and protocols. We have successfully advised tribal governments on establishing new or expanded tribal institutions and businesses as both an exercise of sovereignty and self-determination.

MPKGC is seeking applications from second-year law students for a 2023 Summer Law Clerk for its office in Oakland, California. Applicants must be enrolled in an ABA accredited law school. Experience or coursework in tribal and Federal Indian Law is strongly preferred. Applicants must also possess excellent analytical, research and communication skills, and the ability to work independently and as a team member in a fast-paced and fun environment. MPKGC offers a competitive salary for a 10-week summer position (exact length negotiable).

To apply: interested candidates should e-mail a cover letter, resume, writing sample, and unofficial law school transcript to Ms. Bethany Sullivan at bsullivan@jmandmplaw.com by November 4, 2022.

Indian Legal Clinic tour Gila River

On Sept. 9, the Indian Legal Clinic students were sworn in to the Gila River Indian Community (GRIC) Court by Judge Anthony Hill (’06). “I had a great experience and was honored to meet Judge Anthony Hill,” said Chad Edwards (3L). “Being sworn in made me feel the most like an attorney since going to law school.”

“I am extremely grateful to have been sworn into the Gila River Indian Community Court by Judge Hill, who is a true role model for Indian Country judiciary success,” said Michael LaValley (3L). 

 

Student attorneys toured the facility and observed several hearings. GRIC prosecutor Ammon Orr (’16) explained the mechanics of a bail hearing they watched and gave the students some insight on practicing in tribal courts. The students also observed Charlie Giff in arraignments and met with the Chief Prosecutor Lando Voyles.

“Before this visit, I was not particularly excited about trials or criminal proceedings,” said LaValley. “After having the opportunity to observe the court chambers and visit with Gila River prosecutors, it sparked an interest as to the effective advocacy that can occur for Tribes from inside the courtroom.”

We appreciate the Gila River Community Court for the continued support.

Native American Rights Fund seek Summer 2023 Law Clerk

The NARF summer clerkship program is a ten- to twelve-week program for students who have completed their second year of law school. Clerks are expected to work at least 40 hours per week during this period and are compensated with salaries comparable to those of the federal government and other non-profit firms. Although public interest funding programs help provide these salaries, clerks are also encouraged to seek additional financial support through their law school’s public interest programs or through other public interest scholarships.

http://www.narf.org/clerks/
Please direct all questions to Kevin Cheng at kcheng@narf.org

 

ILC: 2022 Year in Review

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

Students Resume Travel

ILP Traveling Class in Nebraska

Nineteen ASU Law students spent their spring break at the headquarters of Ho-Chunk, Inc in Winnebago, Nebraska for the ILP traveling class, “Contemporary Issues in Tribal Economic Development,” taught by Professor Lance Morgan. Morgan is CEO of Ho-Chunk, Inc., an award-winning economic development corporation owned by the Winnebago Tribe of Nebraska.

In this ILP traveling class, students learned about practical political, legal and economic solutions to help tribes implement a broad range of economic development activities. Morgan helped students understand that federal Indian law is restrictive in nature but, to be a successful lawyer, they will have to use federal Indian law as a starting point, not an endpoint.

We’re proud to have Morgan on our team to share the success stories of Ho-Chunk, Inc.

ILP Students Advanced to Sweet 16

Two ASU Law students in the National Native American Law Students Association (NALSA) – Autumn Shone (2L) and Chad Edwards (2L) – made ILP proud by advancing to the Sweet 16 in the Virtual 30th Annual National NALSA Moot Court Competition Feb. 26-27. 

Coached by Professor Stacy Leeds and Native Vote Fellow Torey Dolan (’19), Shone and Edwards briefed and argued important issues regarding Indian religious freedom, treaty rights and property interests. 

“It was a great experience to talk about Indian law with two women who have so much knowledge and experience,” Shone said. “They encouraged us when it got hard and challenged us when we needed it.”

The competition consisted of writing a brief and rounds of virtual oral arguments, of which Shone and Edwards participated in three rounds. 

“It was challenging, but I was able to practice my research, writing and oral skills on an important topic that affects Indian country,” Shone said. 

“The most valuable thing that I learned aside from a better understanding of the legal issues presented in our moot court problem, would be the amount of support that the ILP gives to its students,” Edwards said. “I don’t think I could have had any better coaches and I felt more than prepared for the competition at all times.”

For their final practice, the team held an online session with Judge David B. Gass (JD ’94) and Jens Camps (’21). 

“They helped us greatly in our last practice before the competition,” Shone said.

After the moot court competition, Shone and Edwards travelled down the street and visited with Judge Gass and Camp.

Thanks to ILP’s extensive network of professors, staff, alumni and friends, Shone and Edwards were able to participate in multiple practice rounds with a variety of lawyers and legal professionals before the competition. 

Please join us in congratulating this year’s team!