Where are they now? Feat. Shea Backus (’03)

Posted on January 18, 2023 by dwilliams

Shea Backus (’03) is a shareholder of Backus | Burden, a civil / commercial litigation firm in Las Vegas, Nevada. Shea has been elected to serve as an Assemblywoman in the Nevada State Legislature representing District 37. This is her second time to serve. She will have the honor to chair Revenue and serve as vice-chair of Ways & Means.

Q: What has your journey been like since you graduated?

A: It is almost 20 years since I graduated, and it does not feel that long. I have been in private practice since graduating. I started working for my dad’s small firm in Las Vegas right after law school, and am now a shareholder. I have had the privilege of being able to practice in the State of Nevada, as well as three tribal courts.

Four years ago, I decided to run for our state legislature. I won in 2018, lost in 2020 and won in 2022. I’m looking forward to serve my second regular session starting February 6, after serving in one regular session in 2019 and two special sessions in 2020. From my service in 2019, I was appointed to the Uniform Law Commission. Since then, I have been a Commissioner for Nevada. I am proudly on a study committee looking at a uniform or model code addressing issues related to the Indian Child Welfare Act. I am also exploring a bill to address any issues pertaining to ICWA in light of pending matters before the U.S. Supreme Court.

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career?

A: Legal Writing! ASU’s legal writing program definitely prepared me for the practice of law.

Q: Is there anything you’ve learned after graduating that you wished you learned in class?

A: The difference between practicing law and studying in law school. This is more on me and less on the law school. At the time I was at ASU, I had no idea that I would be a litigator, so I never took any classes that would have prepared me for the litigation world.

Q: What originally made you choose ASU Law?

A: Reputation, ILP and closeness to home.

Q: Who was your favorite law professor, and why?

A: Professor Clinton. While I thought he was terrifying as my Indian Law professor, I came to appreciate him through his involvement with ILP and then as a professor of an Indian Gaming course that I took.

Q: What is your advice for current students?

A: Develop your legal writing and research skills while you are in law school as this will provide a great foundation to being a respected practitioner. Also, work harder than your opponent and you will succeed!

Q: What do you want people to know about you?

A: I am truly proud of setting history by serving in the first female majority state legislature in U.S. history. When I won a seat that a lot of people thought I could not win because of my political party, it created the pathway to that majority female legislature. I am also humbled and surprised to be the first female, enrolled in a tribe, to serve in the Nevada State Legislature. This has provided me with an understanding in addressing bills that can impact our tribal communities and urban Indians.

ENTRY LEVEL PROSECUTING ATTORNEY

Posted on December 20, 2022 by Indian Legal Program

FACTOR I: GENERAL DESCRIPTION OF WORK

This is a professional position for an entry level attorney with the primary responsibility, through specialized training and skill to represent the Confederated Salish and Kootenai Tribes and its governmental departments in the Tribal Court, alternative dispute resolution mechanisms and, when necessary, at public hearings. The position will independently present cases in the Tribal Court. The Incumbent shall, under the general direction of managing attorney, act as legal advisor and staff counselor to the Tribes for the Tribal Prosecutor’s Office with respect to the following matters which are not all inclusive:

Act as Tribal Prosecutor in Criminal and civil matters as required.
Act as counsel for the Tribes in Tribal Fish and Game cases;
The attorney will compose legal materials, conduct legal research, and effectively communicate with legal professionals and other interested parties in criminal matters and Tribal Fish and Game matters arising from duties assigned;
Represent Tribal interests routinely litigated in Tribal Court or Tribal Court alternative dispute resolution mechanisms;
Attorney shall conduct communications and liaison with federal, state and local governmental agencies and with private corporations, firms, or individuals in carrying out an authorized assignment, in conformity with practices necessary to property, conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned;
The Attorney will be expected to act as Tribal Prosecutor for and on behalf of the Tribes in Tribal Court proceedings, but may be required to appear as such before other courts, tribunals, departments, agencies and committees of Congress and the State legislatures as requested by Council;
Attorney shall provide technical assistance to Tribal Law and Order with regards to state, federal and local policies and regulations and the Tribal Law and Order Code;
Attorney must have working knowledge and competency with case management software (Advologix strongly preferred);
Perform all legal assignments designated by the Managing Attorney and/or Tribal Council.

o A primary responsibility of the position will be reviewing reports and drafting complaints

FACTOR II: DIRECTION RECEIVED

The position is under the general supervision of the Managing Attorney. The position uses experienced judgment and discretion to prioritize assignments and determines the best method to accomplish work within the deadlines established by the Prosecutors Office, the CSKT Laws Codified, Federal Law and Montana Code Annotated. In addition, the position performs work as instructed and seeks guidance from the supervisor as needed.

FACTOR III: SUPERVISION EXERCISED

None.

FACTOR IV: WORKING RELATIONSHIPS

This position interacts with various members of the judiciary, representing the Confederated Salish and Kootenai Tribes in Tribal Court matters and with internal and external defense attorneys and the Tribal Membership. The position persuades, defends, discusses and justifies decision before and from the Court. Decisions based on the work of the incumbent may impact or have potential impact on the Tribal government. The incumbent is authorized to conduct communications and liaisons with federal, state and local government agencies, and with private corporations, firms, or individuals in carry out authorized assignments, in conformity with practices necessary to properly conduct legal business, and to testify on behalf of the Tribes at such public hearings as may be deemed necessary to perform the duties assigned. The incumbents acts as an official representative of the Confederated Salish and Kootenai Tribes.

FACTOR V: WORKING CONDITIONS

Exposure to office and Court environments with normal effort required.

FACTOR VI: QUALIFICATION REQUIREMENTS

Training: This position requires specialized knowledge acquired through intensive academic preparation at college level and/or legal educational institution. Must be a graduate of an ABA approved law school with a juris doctor or equivalent degree and admitted to practice law in the State of Montana or must be admitted to practice law in the State of Montana within six months of hiring.

Knowledge: Must have knowledge of general legal principles, criminal law and procedures, court procedures, law enforcement procedures, Federal law, Tribal Court and Indian law. Must have knowledge of the social and cultural lifestyles of the reservation community; knowledge of legal research methods, knowledge of basic legal writing and document preparation. Knowledge and working experience with word processing and related computer programs such as Word, Microsoft Outlook, Microsoft Office, LexisNexis and Practice Panther or similar case management software.

Skills: Must have strong communication skills and ability to effectively communicate with and make arguments and presentations before the Tribal Court forum. Must have the ability to compose legal materials, conduct legal research, and have effective interview techniques. Must have the ability to present cases in the Tribal Court form independently.

Abilities: Applicant must have no criminal convictions other than minor traffic infractions for which the punishment does not include the possibility of a jail sentence. The successful applicant, if not already employed by the Tribes must pass a pre-hire drug test and serve a mandatory six (6) months probationary period.

Tribal citizens served by the Indian Legal Clinic students

Posted on December 15, 2022 by dwilliams

Student attorneys from the Indian Legal Clinic’s Wills and Probate class recently helped fourteen tribal citizens of the Quechan Indian Tribe with their estate planning needs. Students met with clients one on one to determine each person’s wishes so tailored wills and powers of attorney could be drafted for them. The clients were members of the Quechan Indian Tribe who needed an “Indian will,” which is a will drafted to conform to the American Indian Probate Reforms Act’s requirements for bequeathing trust or restricted land (i.e., allotments).

“Participating in the clinic gave me invaluable experience in drafting wills and building client relationships,” said student attorney Joe Wilwerding (2L). “The wills clinics opened my eyes to the large need for those who know how to draft Indian wills to keep Native lands in the hands of the people to which they belong,” added Courtney Kamauoha (3L).

Collectively, a total of 28 wills and health care powers of attorney were executed during the wills clinic. The student attorneys were supervised by Professor Helen Burtis (’07), and two volunteer attorneys from Rosette, LLP: Jim Palmer (’04) and Daniel Ray.

2023 ILP Alumni Awards: Call for Nominations

Posted on December 5, 2022 by dwilliams

The ILP alumni awards are now open. Nominate your classmates and friends! The ILP Awards include Professional Achievement, Alumni Service Award, and Emerging Leader Award. Nominations are due March 3, 2023! Nomination materials should be sent by email to: Kate.Rosier@asu.edu. Awards will be presented at the ILP Alumni & Friends Awards Ceremony at Fed Bar on Monday, April 17, 2023 in Albuquerque, New Mexico.

Nomination Guidelines

ILP Professional Achievement Award – This award recognizes outstanding achievement in Indian Law or Tribal Law throughout an individual’s career. The award honors ILP alumni whose achievements in the field of Indian Law or Tribal Law have brought distinction to themselves and real benefit to the Indian community. Nomination Package Requirements:

Describe the unique professional achievements in the field of Indian Law or Tribal Law that has brought distinction to the candidate. (maximum two pages)
Describe the recognized contributions made by this candidate that demonstrate a benefit to the larger community. (maximum one page)
Describe the ways in which the candidate’s achievements are truly extraordinary or exceptional. (maximum one page)
Provide at least two letters of support from individuals that can speak to the candidate’s impact on his or her profession.
Letters of support should speak to the magnitude of the individual’s impact in the practice of Indian or tribal law or in the Indian community.
Provide a 200 word bio of the nominee.
Past winners include: Claudeen Bates Arthur (’74) (Posthumous), Gloria Kindig (’89), Kathy Bowman (’86), Rob Rosette (’96), Diane Enos (’92), Ben Hanley (’71) and Herb Yazzie (’75).

ILP Alumni Service Award – This award is given for outstanding service to the Indian Legal Program, and is awarded for extended, extraordinary service to the Indian Legal Program. Nomination Package Requirements

Describe the ways in which the candidate has served or supported the ILP and the ILP alumni. Examples can include serving on committees, boards, CLEs, mentoring ILP students, or other volunteer or fundraising efforts or funding commitments. (maximum one page)
Describe the ways this service been truly extraordinary. (maximum one page)
Describe how the candidate’s service has benefited the ILP. (maximum one page)
Please provide at least two letters of support from ILP alumni as part of the nomination package.
Provide a 200 word bio of the nominee.
Past winners include: Rodina Cave Parnall (’01), Peter Larson (’02), Verrin Kewenvoyouma (’04), Ann Marie Downes (’94), Mary Shirley (’92) and Jeff Harmon (’05).

ILP Emerging Leader Award – This award acknowledges and encourages service to Indian Country and the ILP by alumni who are less than ten years out of law school. The award recognizes outstanding achievements in their professional career, volunteer work, and promotion or support of the ILP and/or ASU NALSA. Nomination Package Requirements.

Describe how the candidate has achieved professional success in their legal career.
Describe the candidate’s volunteer work.
Describe how the candidate achieved an exceptional level of service while balancing the demands of being a recent graduate. (maximum one page)
Describe how the candidate was proactive in efforts to become involved in ILP and/or ILP alumni activities. (maximum one page)
Describe how the candidate’s service has been sustained over a long period of time or how the service has been innovative or beneficial. (maximum one page)
Provide two letters of support from fellow ILP alumni.
Provide a 200 word bio of the nominee.
Past winners include: Jacob Schellinger (’12), Derrick Beetso (’10), Carolyn Angus-Hornbuckle (’09), Nikki Borchardt Campbell (’09), Steve Bodmer (’06), Elizabeth Medicine Crow (’05), Charles Galbraith (’07), Matthew Campbell (’08) and Michael Corey Hinton (’11).

ASU Indian Legal Clinic goes to Washington, D.C.

Posted on November 21, 2022 by dwilliams

Last month, the Indian Legal Clinic traveled to Washington, D.C. to attend a hearing that focused on the situation of Indigenous Peoples and forced displacement in the context of climate change in the United States before the Inter American Commission on Human Rights. The request for a hearing was made on behalf of four Louisiana Tribes and the Village of Kivalina.

Student attorneys Ruben Zendejas (3L) and Brittany Habbart (3L) were assigned the case with Professor Patty Ferguson-Bohnee. Working with Earth Rights, the Unitarian Universalist Service Committee, and the Georgetown Environmental Law and Justice Clinic, the ILC assisted in preparing a written submission in support of the thematic hearing and preparing witnesses for the hearing. Blair Tarman-Toner (’20) also assisted with the written submission. Ferguson-Bohnee gave the rebuttal statement on behalf of the petitioning Tribes during the Thematic Hearing. While in Washington, ILC students attended a meeting at the White House.

“Ruben and I met different tribal leaders and advocates and learned about their experiences with climate displacement or dealing with the federal recognition process,” said Habbart. “Hearing about issues directly from people who live it or work with it is always invaluable.”

Your vote, your voice

Posted on November 16, 2022 by dwilliams

2022 is another year that has seen Arizona Native voters and their rights disproportionally challenged on the ballot. “Native advocates say voter ID rules in Proposition 309 could disenfranchise Arizona Indigenous voters,” said Native Vote fellow Torey Dolan (’19) in her interview with the AZ Central. The article discusses the impact that Proposition 309 will have on Tribal communities if passed. Proposition 309 would limit the forms of identification that are acceptable for in-person voting and would eliminate many forms of Tribal identification that voters currently rely on.

Despite this ballot measure and redistricting issues, the Indian Legal Clinic’s Native Vote Election Protection team organized and strategized with its partners to remain steadfast leading up to Election Day. Dolan presented at the Tribal leaders meeting hosted by the Inter Tribal Council of Arizona and discussed the propositions’ impacts on Tribal communities and Native voters.

Indian Legal Clinic student attorneys Mallory Moore (3L) and Autumn Shone (3L) led and conducted two trainings for volunteers.

This year, 66 volunteers served as Election Protectors stationed at multiple polling locations to assist voters at 9 Tribal communities: the Ak-Chin Indian Community, the Fort McDowell Yavapai Nation, the Gila River Indian Community, the Navajo Nation, the Pascua Yaqui Tribe, the Salt River Pima-Maricopa Indian Community, the San Carlos Apache Tribe, the Tohono O’odham Nation and the White Mountain Apache Tribe.

On Election Day, the Native Vote team worked with the Navajo Nation to assist in emergency litigation due to delays in the opening of a polling location in Many Farms, Arizona. Katherine Belzowski, an attorney with the Navajo Nation Department of Justice Economic and Community Development Unit, said “The Indian Legal Clinic was instrumental to the Navajo Nation’s success in the 2022 Election. ILC worked with the Navajo Department of Justice (NDOJ) to monitor state polling locations across the Nation. With ILC’s assistance NDOJ was able to timely investigate and respond every concern submitted to the ILC and NDOJ voting hotline.”

Thank you to all volunteers, advocates and allies for serving as Election Protectors and organizing the Native Vote power! With your help, we were able to assist voters through the hotline and in the field, ensuring that Native voters were able to cast ballots free from intimidation and without undue challenges. This year’s ILC Native Vote leadership team includes dedicated ILP Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’20), student attorney leads Mallory Moore (3L) and Autumn Shone (3L), and student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), and Ruben Zendejas (3L), under the supervision of Professor Patty Ferguson-Bohnee.

Visiting Judge Humetewa’s courtroom

Posted on November 16, 2022 by dwilliams

On Nov. 11, ILP students met with Honorable Judge Diane Humetewa (’93), a federal judge in the U.S. District Court for the District of Arizona, and her law clerks, including ILP alum Alexander Mallory (’19). Judge Humetewa is a member of the Hopi Tribe and became the first Native American woman to reach a federal bench in 2014. Students learned about her law school experiences, legal career and advocacy work in public service, and her commitment to building inclusion and diversity.

“She encouraged us to approach law school with a positive attitude, and to focus on the bigger picture when things get tough,” said Shandiin Hererra (1L). “This bigger picture focuses on how each of us can be impactful in Indian Country and/or be a strong advocate in spaces where Indigenous attorneys are seldom present.”

Visiting student Kelsey Haake (3L) enjoyed hearing about Judge Humetewa’s background. “While I find law school to be so exhausting and daunting at times, it was really nice to hear that even someone with so much success and an incredible career had moments in law school where they struggled,” said Haake.

During the visit, Judge Humetewa gave the students a tour of her courtroom and chambers.

Judge Humetewa welcomed open questions, genuinely listened and made their presence felt. We appreciate you, Judge Humetewa! Thank you for arranging this meeting and hosting our students.

While at the Sandra Day O’Connor U.S. Courthouse, we ran into ILP grad Zachary Cain (’00). Cain currently serves as a federal public defender.

Annual gathering

Posted on November 1, 2022 by dwilliams

2022 Navajo Nation Law CLE

On Oct. 21, we held our annual Navajo Nation Law CLE Conference that brought in more than 90 attendees. The day focused on legal issues that affect the Navajo Nation: employment law considerations, torts, Indian Child Welfare Act (ICWA) legal challenges and upcoming Supreme Court case Haaland et. al v. Brackeen, Oklahoma v. Castro-Huerta Supreme Court decision, the practical aspects of the Local Governance Act, and Navajo Fundamental Law dilemmas.

Thank you to our esteemed speakers: Shawn Attakai (’00), Ted Barudin, Director Derrick Beetso (’10), Rodgerick Begay, Kathleen Bowman (’86), Colin Bradley (’14), Troy Eid, Kate Fort, Katya Lancero, Sage Metoxen, April Olson (’06) and Faculty Associate Paul Spruhan.

Thank you to our sponsor Colin Bradley Law, PLLC. We greatly appreciate everyone for joining us this year!

Empowering democracy

Posted on October 26, 2022 by dwilliams

Navajo Nation Presidential Debate led by Navajo students at ASU Law

On Oct. 22, the W. P. Carey Armstrong Great Hall was filled with tribal citizens eager to hear from the two final candidates running for President of the Navajo Nation: current President Jonathan Nez and Dr. Buu Nygren. Director Derrick Beetso (’10) moderated the proceedings while Navajo students and staff announced the questions submitted by the public.

Outstanding work by our ILP students and staff: Program Coordinator Theresa Beaulieu, Beetso, Shandiin Herrera (1L), ILC Law Fellow Cierra Moore (’22), Natalia Sells (2L), Autumn Shone (3L), Chelsi Tsosie (1L) and Senior Program Coordinator Danielle Williams.

We understand the importance of tribal elections and hosting this event gave Arizona’s urban Navajo voters an opportunity to learn about the candidates and their platforms. The ILP has a special scholarship agreement with the Navajo Nation, which offers full tuition scholarship to Navajo students. Currently we have six Navajo students enrolled at ASU Law. If you know of any prospective Navajo student interested in this awesome scholarship opportunity, reach out to us at ilp@asu.edu.

Federal Advocacy Class in DC

Posted on October 20, 2022 by dwilliams

Last week, 17 students – 15 JD, 1 LLM and 1 MLS – in the Indian Legal Program (ILP) spent their fall break in Washington, D.C. for the “Federal Advocacy for the Tribal Client” traveling class. The students attended the week-long class taught by the ILP’s Indian Gaming and Tribal Self-Governance Director Derrick Beetso (’10) at the O’Connor Center. ILP hosted private practice attorneys: Brian Gunn of Powers Law, and Sam Hirsch, Leonard Powell, and Krystalyn Kinsel (’15) of Jenner & Block. Each attorney shared about their work on behalf of tribal clients and offered sage advice to the students. Thank you, Brian, Sam, Leonard, and Krystalyn! Thank you, D.C. ASU Law team – your hospitality and service is appreciated!

The week also included a visit to the Office of the Assistant Secretary-Indian Affairs, where students received encouragement and reaffirmance of their respective academic endeavors from Assistant Secretary for Indian Affairs, Bryan Newland. They also exchanged questions and comments with Deputy Assistant Secretary for Indian Energy and Economic Development, Kathryn Isom-Clause; Senior Counselor Stephanie Sfiridis (’16), Senior Advisor Tracy Canard Goodluck and Deputy Solicitor Joel Williams; and Special Assistant Joaquin Gallegos and connected virtually with Rose Petoskey, Senior Counselor. Thank you, AS-IA leadership team!

ILP students then visited the Senate Committee on Indian Affairs. Committee staff were extremely gracious with their time and their space as a group of bipartisan staffers, including Senior Counsel Breann Nu’uhiwa (LLM ’09), Deputy Staff Director Amber Ebarb, Counsel Connie Tsosie de Haro, Policy Advisors John Simermeyer and Jacqueline Bisillie (MLS ’14), and Staff Assistant Denae Benson, met with students and explained the Committee’s history, the work they do, and their perspectives on what it means to draft and pass laws that further tribal self-governance. The students also learned a lot about the important education the Committee provides across party lines and numerous issue areas through the work they do. Thank you, Senate Committee on Indian Affairs!

The students also enjoyed lunch with Samantha Kelty, Managing Staff Attorney, Morgan Saunders, Staff Attorney, and Denver Jacket, Paralegal, of the Native American Rights Fund’s (NARF) Washington, D.C. office. They learned about the important voting rights litigation, cultural protection, and appellate and Supreme Court briefing work they do. They also learned about the history of the oldest and largest national law firm dedicated to protecting Native rights. Thank you, NARF!

Finally, the students concluded their week with a terrific panel made up of Sun Devil ILP alums Rebecca Ross (’10), Senior Attorney, Indian Resources Section, Department of Justice; Rani Williams (‘18), Legislative Assistant, Congressmember Sharice Davids; and Jens Camp (’21), Associate, Hobbs Straus Dean & Walker, and ILP Advisory Council Member Larry Roberts, General Counsel, Mohegan Tribe. The panel shared career tips, discussed their legal work experience in Washington, D.C., and responded to questions with invaluable advice. Thank you, Larry, Rebecca, Rani, and Jens!