SUPERIOR COURT HEARING OFFICER Opening

Presiding Judge Jeffrey T. Bergin announced that a Merit Selection Committee for the Superior Court is accepting applications for the Hearing Officer position. This is a new Hearing Officer position to address the expanding need of family law services.
The Hearing Officer will be responsible for professional work as a judicial officer involved in interpreting and applying local and state laws while conducting court proceedings with primary attention on considering and ruling upon petitions for protective orders. The Hearing Officer may also conduct court proceedings in a variety of family law, civil and criminal matters within the jurisdiction of the Superior Court. The Hearing Officer will perform such other duties as are assigned by the Presiding Judge of the Superior Court and may also be appointed as a Judge Pro Tempore without additional compensation. Hearing Officers serve at the pleasure of the Presiding Judge and report to the Associate Presiding Judge. The current annual salary is $104,567.
See more at: https://www.governmentjobs.com/careers/scpima/jobs/3206059/hearing-officer-0821?page=2&pagetype=jobOpportunitiesJobs

City of Mesa Magistrate

Classification Responsibilities: A City Magistrate is responsible for presiding over misdemeanor and civil traffic cases filed with the Mesa Municipal Court, and presides over Orders of Protection. A City Magistrate is responsible for applying relevant Supreme Court Rules, state statutes, City ordinances, and case law when presiding over trials to the court, trials to a jury, pre-trial conferences, arraignments, motions, and other hearings. An employee in this class is also responsible for imposing sentences
commensurate to the offense and within the parameters allowed by law. In addition, may be required to conduct initial appearances or arraignments in a jail court environment in accordance with the Arizona Rules of Criminal Procedure. This class performs related duties as required.

Distinguishing Features: This classification has been designated as a non-classified, non-merit, at-will position. A City Magistrate is appointed by the City Council to a specified term. Prior to consideration for reappointment by the City Council, City Magistrates are evaluated by a Judicial Advisory Board, which makes recommendations to the City Council. This class is FLSA exempt – professional.
See more at: http://apps.mesaaz.gov/JobDescriptions/Documents/JobDescriptions/cs1201.pdf

Federal Government Jobs

Supervisory Attorney-Advisor (General)
DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel
Open & closing dates: 08/12/2021 to 09/08/2021
Service: Excepted
Pay scale & grade: GS 15
Salary: $144,128 to $172,500 per year
Appointment type: Permanent
Work schedule: Full-time
Accepting applications
Relocation expenses reimbursed: No
Telework eligible: Yes as determined by agency policy
Locations
1 vacancy in the following location:
Washington, DC
See more at: https://www.usajobs.gov/GetJob/PrintPreview/610719400

Attorney-Advisor (Open Continuous)
DEPARTMENT OF HOMELAND SECURITY
DHS Headquarters
Office of the General Counsel
Open & closing dates: 08/12/2021 to 08/11/2022
Service: Excepted
Pay scale & grade: GS 12 – 13
Salary: $87,198 to $134,798 per year
Appointment type: Permanent
Work schedule: Full-time
Accepting applications
Relocation expenses reimbursed: No
Telework eligible: No
Locations
2 vacancies in the following location:
Washington, DC
See more at: https://www.usajobs.gov/GetJob/PrintPreview/610716100

Indian Legal Clinic: Year in Review

The ILC was one of the only clinics at ASU offered to law students to work in-person, which adapted to work remotely with clients during the pandemic. If there is one thing thing to take away from this last year, it is that the ILC takes nothing for granted. Ten student attorneys, including two students that returned for a second semester, billed over 3,000 hours. 

The ILC worked on 18 cases plus offered two wills clinics. Overall case subject matters included: civil, criminal, family, probate, civil rights, enrollment, land, and federal recognition. The ILC represented clients in tribal, state and federal courts, including filing a brief in the 9th U.S. Circuit Court of Appeals.

Student attorneys continued the Indian Wills Clinic partnerships with the Pechanga Band of Luiseño Indians and the Quechan Indian Tribe to draft estate planning documents under the direction of Professor Helen Burtis (’07). In October, 3L’s Mariah Black Bird, Jens Camp, Brendan Clark, Aspen M. Jensen, Dustin Rector and MacArthur Stant II executed 19 wills, financial powers of attorney, and health care powers of attorney for 14 members of the Pechanga Band of Luiseño Indians. In March, Brianna Minjarez (2L), Cierra Moore (2L), Vinnie Amato (2L) and Camp created 16 wills for members of the Quechan Indian Tribe.

“With online learning and not seeing as many people in person, it has been hard to stay cause-connected,” said Amato, one of the participating students. “Being able to help draft wills for tribal members over Zoom was a great experience because it refocused me on why I joined the Indian Legal Program. I also gained valuable skills I never would have received otherwise.”

“It was fun to get to know and offer guidance to the student attorneys, whose shoes I was in in the not-so-distant past,” said Simon Gertler (’18) attorney at Rosette, LLP who assisted as a supervising attorney. “It also served as continuing education for me in an area of law that I don’t normally practice. The best part was seeing the clients so appreciative of the students for helping them with their wills! I hope to continue being part of this special program.”

These wills clinics are designed to provide allotment owners with wills that conform to the provisions of American Indian Probate Reform Act.

2020 was a pivotal election year, especially for Arizona and Native voters! The Arizona Native Vote Election Protection Project (AZNVEP) worked tirelessly with partners—the Arizona Election Protection Coalition, the Inter Tribal Council of Arizona (ITCA), All Voting is Local, and the Native American Bar Association of Arizona (NABA-AZ)—to encourage and assist Native voters in the months leading up to the general election despite pandemic challenges. The ILC team included Native Vote Fellow Torey Dolan (’19), and 3L student attorney leads Clark and Rector, and 3L attorneys Camp, Jensen, Stant and Tarman under the supervision of Professor Patty Ferguson-Bohnee. Students even advocated for voting rights through litigation. 

The ILC worked with outside counsel to prepare an affidavit that was filed on election day to extend polling place hours and require polling locations on the Navajo Nation that opened late to also remain open late.

“Working in Chinle, Arizona with Native Vote during the 2020 election was my favorite memory in the ILC,” said Jensen. “It was touching to see many Native voters exercising their right to vote. I saw voters from before sunrise to after sunset. Some of my favorite memories of that day were seeing grandmas and grandpas wrapped up in blankets standing in line before the polls opened, helping a man who biked five miles and asked me to watch his bike while he voted, and helping a woman who stood firm after she was told the polls had closed but steadfastly held her rightful place in line until she eventually voted.”

On Election Day 2020, 100 Election Protection volunteers assisted voters at over 60 polling sites across Arizona and answered over 250 calls through the Native Vote Election Protection hotline. The ILC also worked with the Pascua Yaqui Tribe, the Campaign Legal Center, and Osborn Maledon to bring suit against the Pima County Recorder to restore early voting access. 

Student attorneys researched and wrote “Decolonizing the Mindset,” a white paper on the inherent sovereignty of non-BIA listed Tribes. During their 2L year, Nathan Frischkorn and Tarman began drafting the paper in Spring 2020 and Tarman continued to work on it this year. Clark and Jensen prepared a brochure to accompany the white paper that can be used for educational purposes. 

Last autumn, Jensen presented on “Decolonizing the Mindset” to the NCAI Federal Recognition Taskforce during the NCAI Annual Meeting. This spring, Tarman presented her paper to the Alliance of Colonial Era Tribes (ACET). ACET issued a certificate of appreciation to the Indian Legal Clinic for “Outstanding Service to the Cause of Justice for all Indigenous nations and working to decolonize the minds of Indigenous and non-indigenous Americans.”

Frischkorn (3L) and Jasmine Blackwater-Nygren (’20) with the guidance of April Olson (’06) assisted in drafting NABA-AZ’s comment in support of the Arizona Supreme Court amending its pro hac vice rules to allow nonmember attorneys representing Indian Tribes in Indian Child Welfare Act cases to appear without paying the pro hac vice fees or associating with local counsel. The amended Rule 39(a) went into effect January 1, 2021.

The ILC recently filed a brief in the Ninth Circuit Court of Appeals regarding the overreach of federal court jurisdiction in tribal affairs. Camp was the lead student attorney on the brief. During the semester, he and Amato assisted with pleadings filed with the District of Alaska in support of a motion to set aside a default judgment for lack of subject matter jurisdiction.

“The ILC gave me confidence in my abilities to work in the legal profession,” said Camp. “Thank you for being such an amazing teacher and mentor, Professor Ferguson-Bohnee! I will always appreciate how you treated the ILC student attorneys as colleagues and pushed us beyond our comfort zones. Clinic taught me more than any other course I took in law school, and I largely attribute this experience to your leadership.”

Returning student Camp received the International Academy of Trial Lawyers Award in recognition of his outstanding trial advocacy and clinical work. Earlier in the year, Camp helped draft a public comment for the National Congress of American Indians to proposed regulatory changes to the definition of habitat under the Endangered Species Act.

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

Torey Dolan (’19)
Native Vote Fellow, Indian Legal Clinic, ASU Law

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

Alumni: Taking the Oath in a Pandemic

Meet some of ILP’s alumni who were determined to make change. They care about the greater good and have positioned themselves to hold public spaces and have committed their efforts to public service.

In March, April Olson (’06) was named the Chief Judge for the Tolowa Dee-ni’ Nation in California. Congratulations, April!

Jasmine Blackwater-Nygren (’20) was appointed to represent District 7 of the Arizona State House of Representatives and is the youngest member of the House. Who better to conduct her swearing in than the first Native American woman federal judge and fellow ILP alum? Representative Blackwater-Nygren was sworn in by Judge Diane Humetewa (‘93) of the District of Arizona on Feb. 11.

On Jan. 8, Moon Valley Justice of the Peace Deborah Ann Begay (’10) took her oath of office, which was administered by Navajo Nation President Jonathan Nez.

She was surrounded by supportive friends and family, including ILP alum Chris Love (’05) who happily attended the swearing-in ceremony. Alumni supporting alumni, we love it! More on Begay’s win in the Arizona Republic article and her candid message to students.

In January, Brian Garcia (’20) was sworn in as president of Tempe Union School Board. Congratulations Brian!

Janet Bill (’20) was sworn into the State Bar of California on Jan. 21. Congratulations, Janet! 

In October 2020, Julianne Begay (’15) was sworn in as a Court Appointed Special Advocate (CASA) for the 6th Judicial Advocate for children in dependency and neglect cases. Excellent advocacy, Julianne!

Job Opportunity – Attorney-Advisor (Continuous)

Department of Homeland Security
Washington, D.C.


Summary:
This position is located in the Department of Homeland Security (DHS), Office of the General Counsel, Ethics Law Division.

This is a permanent appointment in the excepted service and will be filled on a full-time permanent basis. Employees hired under an Excepted Service appointment are required to serve a two (2) year trial period. Upon successful completion of the required trial period, this position will be permanent.

Responsibilities:
As a Attorney-Advisor (Open Continuous) GS 0905 11/12, your typical work assignments may include the following under supervision:

  • Provide oral and written advice, analysis, interpretations, and guidance on complex and sensitive legal and policy matters both for individual questions and as related to DHS programs and operations.
  • Draft and review documents for consistency with all applicable legal authorities and requirements, to include: ethics guidance, financial disclosure reviews, analysis and advice, directives, correspondence, reports, memoranda, testimony, regulations, Federal Register notices, directives, legislation, guidance and other such documents.
  • Draft and present ethics training to Headquarters officials, to include senior leadership and political appointees.
  • Review financial disclosure reports, analyze and resolve potential conflicts of interest and related ethics questions.
  • Assist with administration of the DHS Standards of Conduct Program.
  • Provide guidance related to related areas of law, such as procurement integrity and partisan political activity regulations and policies.

Basic Requirements:
GS-11:
1. The first professional law degree (LL.B. or JD), AND superior law student work. Superior law student work or activities as demonstrated by one of the following:

  1. Academic standing in the upper third of the attorney’s law school graduating class.
  2. Work or achievement of significance on one of the attorney’s law school’s official law reviews or journals.
  3. Special high-level honors for academic excellence in law school (e.g., membership in the Order of the Coif, winning a moot court competition, or membership on the moot court team that represents the attorney’s law school in competition with other law schools.)
  4. Full-time or continuous participation in a legal aid program as opposed to one-time, intermittent, or casual participation.
  5. Significant summer law office clerk experience.
  6. Other evidence of clearly superior accomplishment or achievement.

For full job description and to apply, click here.

Job Opportunity – General Attorney

DEPARTMENT OF HOMELAND SECURITY – Customs and Border Protection – Office of Chief Counsel

Salary: $65,190.00 – $142,732.00

Closing date: 2/11/2021

Position Summary:

As our nation navigates the COVID-19 pandemic, CBP is committed to delivering our mission to safeguard America’s borders and enable legitimate trade and travel. Staffing mission critical positions remains a high priority. Be reassured that CBP is still hiring, despite potential hiring process step delays due to restrictions to in-person activities.

Qualifications:

  • Applicant must be a graduate from a full course of study in a School of Law accredited by the American Bar Association and be an active member in good standing of the bar of a state, territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
  • Specialized Education: Recent law school graduates may be appointed to attorney positions at the GS-11 level with the following additional qualifications: rank in the top 1/3 of graduating class; participation on the school’s official Law Review; membership in the Order of the Coif; or winning of a moot court competition.
  • An interim appointment of 14 months may be made pending the selectee’s admission to the bar.
  • Selectee will be required to provide admittance and standing to the Bar and must provide a copy of their official law school transcript.
  • Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social).

 Responsibilities:

  • Providing legal advice to, and legal representation of, Customs and Border Protection (CBP’s) National Finance Center, Revenue Division, Procurement Division, Facilities Management & Engineering Division, Environmental and Energy Division (Office of Enterprise Services), Office of Trade, Office of Field Operations, and other CBP offices throughout the United States;
  • Performing legal research into laws, regulations, decisions and other precedents bearing on legal issues involving CBP, particularly in the areas of federal appropriations, bankruptcy, collections (primarily customs duties, liquidated damages, fees and charges), contract, construction, employment, environmental, international trade, real property and tort law;
  • Assisting the Department of Justice in civil action involving CBP by preparing litigation reports, affidavits, and other pleading, and participating in discovery, motion drafting, settlement discussions, and providing litigation support in a variety of matters such as complex trade cases generally involving the collection of revenue, actions brought under federal statutes such as the False Claims Act, procurement disputes filed in federal courts, and condemnation actions; and also representing CBP in various third party administrative hearings involving matters such as employee discipline and adverse actions, arbitrations, EEO discrimination complaints, Merit Systems Principles Board (MSPB) appeals, contract and travel/relocation disputes before the Civilian Board of Contract Appeals, and employee overpayment hearings; and
  • Advocating for claims filed on behalf of the Government and provides legal opinions and advice concerning resolution of claims against the government arising out of CBP operations.
  • Travel Required Occasional travel – You may be expected to travel for this position.

See full job announcement and application details: https://www.usajobs.gov/GetJob/PrintPreview/590767100

Insightful overview of the Herrera U.S. Supreme Court case

On Oct. 28, we hosted the online event “Herrera v. Wyoming: A case discussion and what it means going forward.” This webinar included panelists Rachel Heron, U.S. Department of Justice Environment and Natural Resources Division, Dan Lewerenz, Native American Rights Fund, and Professor Colette Routel, Mitchell Hamline School of Law. The event was organized and moderated by Professor Larry Roberts.

Thank you to all of those who attended and spoke at the event!

A recording of the webinar is now available on the ASU Law’s Indian Gaming and Tribal Self-Governance website.