ILC’s 10th successful Indian Wills Clinic

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In late September and early October, Professor Helen Burtis (’07), Samir Grover (2L), Erin Jenkins (2L), Courtney Kamauoha (3L), Molly Lathrop (3L), Julia Weiss (2L) and Joseph Wilwerding (2L) traveled to the Temecula Valley, California and met with 16 clients to prepare wills and health care powers of attorney for members of the Pechanga Band of Indians. Altogether, 28 estate planning documents were prepared. At the end of the two-day event, 14 members left with estate documents valid under Pechanga Band, federal, and California law. 

“The wills clinic was such a great way to take our classroom knowledge and translate it into real world experience,” Jenkins said. “I felt like I was really making a difference in the lives of the wills clinic participants.”

Prior to the wills clinic proceedings, Pechanga Band administrators provided a seminar for tribal members about financial planning in general. One of the seminar topics included the importance of having an estate plan.  

After the financial planning seminar, Pechanga Band administrators publicized the wills clinic and signed up members who were interested. The administrators also obtained the necessary Bureau of Indian Affairs paperwork for the client and arranged the logistics for the proceedings.

Attorneys from the Escondido Office of the California Indian Legal Services also assisted by teaching the estate planning section of the Pechanga Band’s financial planning seminar, by reviewing the legal documents for conformance to California law ahead of the clinic, and by assisting with the supervision of the students on site during the clinic. 

The ILC is very grateful for the support and assistance from everyone involved to ensure its success. Finally, many thanks to the notaries and witnesses who made the signing ceremonies for each of the clients possible. This year, we were honored to have Pechanga Band Rangers and Safety Officers among our witnesses! 

Indian Rights Summer Fellowship recipients

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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.

Associate Job Announcement

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The Santa Fe, New Mexico and Tempe, Arizona offices of Rothstein Donatelli, LLP are each seeking an associate for their Indian law practice. Rothstein Donatelli has offices in Santa Fe and Albuquerque, New Mexico, and Tempe, Arizona. The Indian law practice in Santa Fe specializes in federal Indian law, including gaming, economic development, water rights, land rights, civillitigation, and transactional matters. Tempe specializes in federal Indian law, including gaming, economic development, Indian Child Welfare Act, Indian health law, labor and employment law, and transactional matters. Rothstein Donatelli is committed to advancing the sovereign rights of Native American tribes. More information about the firm is available at www.rothsteinlaw.com.
The ideal candidate will have three or more years of experience with a demonstrated commitment to the highest quality of legal practice, excellent research and writing skills, and an interest in representing tribal Nations. Experience in Indian law is not required. Interested candidates should send a cover letter, resume, references, and writing sample to Manya Snyder at info@rothsteinlaw.com. The positions will remain open until filled. Salary competitive in the Santa Fe and Tempe markets and depending on experience.
Rothstein Donatelli LLP provides equal employment opportunities to all employees and applicants for employment without regard to race, color, ancestry, national origin, gender, sexual orientation, marital status, religion, age, disability, sex or gender identity, results of genetic testing, or service in the military. Equal employment opportunity applies to all terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence,compensation, and training. The Firm expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Improperinterference with the ability of other employees to perform their expected job duties is absolutely not tolerated. The Firm is committed to achieving a diverse workforce and an inclusive environment.

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.

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

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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 Virtual:  rsvp.virtual@azd.uscourts.gov

Link to More Information

Questions: humetewa_chambers@azd.uscourts.gov

In Memory of Rob Rosette (’96)

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The Indian Legal Program (ILP) and Sandra Day O’Connor College of Law at Arizona State University mourn the loss of Robert “Rob” Rosette, JD/MBA class of 1996. On Saturday morning, we lost a friend, an alumnus and a champion for the ILP.

Rob Rosette was a prominent figure in the Indian law community. In addition to advancing the careers of other Native professionals, he was dedicated to improving the legal landscape for tribal communities across the country.  Early in his career, he founded a law firm to provide essential federal Indian law and other legal services exclusively to tribal clients. Rosette LLP began as a solo practice and grew into a national firm, supported by 24 attorneys, paralegals and support staff, including a large representation of ASU ILP alumni, with offices in Arizona, California, Oklahoma, Washington D.C. and Michigan

Rob, as he was known to his friends and colleagues, was a proud ASU ILP alum who regularly supported law students through scholarships, job opportunities and mentorship. He served on the ILP advisory council since 2012, to help the Program grow and recruit top Indian Law students. He also established a large endowment to fund and create the Rosette American Indian Economic Development Program in 2014. The endowment supports work and research in tribal economic development and was established to encourage more students to practice in this important area of law. The Rosette American Indian Economic Development Program’s annual “Wiring the Rez” conference has generated over $330,000 in funding for student scholarships and program operations since its inception.

Rob’s dedication to tribal sovereignty and tribal people will always be remembered, and his friendship, mentorship and laughter will be missed by all of us. Our deepest condolences go out to his wife Sharon, his children Wyatt (ASU Law ’17), Thane, Keturah and their spouses.

Service for Rob Rosette:

Service on Friday (9/23) at 9 – 11 a.m.  Gravesite visit at 12 p.m.  

Location: Mariposa Gardens Memorial Park and Funeral Care – 400 S. Power Rd Mesa AZ 85206.

You can learn more about Rob Rosette’s impact on and involvement with the Indian Legal Program in the ASU News article Rosette law firm founder thankful for family environment he found at ASU.

Firm seeks 2L for 2023 Summer Law Clerk

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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.

Pivotal gaming case

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Indian Gaming in Texas: Discussing a Supreme Court Victory

On Aug. 23, the Indian Gaming and Tribal Self-Governance programs hosted the webinar “Indian Gaming in Texas: A Discussion About a Recent Supreme Court Victory.” During the Supreme Court’s October 2021 term, the Ysleta Del Sur Pueblo argued a pivotal gaming case challenging the State of Texas and was victorious in a 5-4 decision authored by Justice Neil Gorsuch . The Court’s decision affirms the Tribes’ right to operate Class II gaming in Texas under the Indian Gaming Regulatory Act and their own tribal laws. The webinar discussed the case, the recent decision from the Supreme Court and what’s next for the Ysleta Del Sur Pueblo and the Alabama-Coushatta Tribe of Texas with attorneys Brant Martin, counsel for Ysleta Del Sur Pueblo, and Fred Petti, counsel for the Alabama-Coushatta Tribe of Texas. Martin and Petti shared valuable insight about practicing law on behalf of a tribal client, their experiences arguing before the Supreme Court and participating as amici before the Supreme Court respectively. 

If you missed the webinar, you may watch the recording.

We look forward to inviting both attorneys and their tribal clients to the law school in Spring 2023. Keep a lookout for this announcement in the coming months.