Collaborative publications

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Earlier this year, Professor Robert Miller and Native Vote Fellow Torey Dolan (’19) published their article “The Indian Law Bombshell: McGirt v. Oklahoma,” which is now published in print by Boston University Law Review.

In addition to her role with the Indian Legal Program’s Arizona Native Vote Election Protection Project, Dolan could not miss the opportunity when Miller approached her to co-author a law review article. 

Q: This is your first published law review article, how does it feel? How did it all start?
A: It feels great to have a published law review article to my name. I like to think that it started when I was a student in Professor Miller’s Indian Law class. I began following the legal question of reservation disestablishment with respect to the Muscogee Creek Nation reservation when it was before the Tenth Circuit Court of Appeals in Murphy v. Royal, the predecessor case to McGirt. The timing of the case coincided with Professor Miller teaching the standards of reservation disestablishment in his class. I would bug him in his office hours talking about the Murphy case and since then, we would talk about the legal issues as we watched the question go up to the Supreme Court. Once the Supreme Court issued their decision in McGirt, Professor Miller invited me to work with him on an article about the case.

Q: You were a student who sat in Professor Miller’s class and now a co-author, what was it like?
A: Good Professors become life long mentors, in my opinion. So, going from learning the area of law from Professor Miller as a student to joining him as a co-author on an article speaks of Professor Miller’s commitment to mentorship that is a core ethic of the Indian Legal Program. In this process I was able to work with Professor Miller as a colleague in intellect, but he also took this as an opportunity to teach me about the world of legal publication and helped demystify the process. The idea of publishing on my own in the future feels more obtainable and far less daunting thanks to going through this experience with Professor Miller. 

Q: Throughout the overall process, what did you find interesting?
A: I expected the research and writing to be the most interesting part, but honestly what I found interesting was learning about the world of publication. For academics, publishing means a lot and where, when, and what you publish is important. It was a whole world that I had not thought about nor ever been exposed to.

Q: For those who are considering publishing a law review article, what advice do you have for them?
A: If you can, find a Professor Miller to mentor you through the process. If you want to put your best foot forward with your first publication, having an academic mentor in your corner to not only review your work for substance but also teach you about publishing, SSRN, shopping an article around to journals, can maximize your potential for success.

Congratulations Professor Miller and Torey!

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

Job Opportunity – Tribal Prosecutor

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Pueblo of Zuni
Zuni, NM

General Definition: Provide prosecutor service for the Zuni Tribe in all classes of criminal offenses. Investigate and prosecute criminal matters and related legal issues of crimes that occurred within the exterior boundary of the Zuni reservation.

Duties:

  • Performs all phases of prosecution over a wide range of criminal matter related issues.
  • Present and prosecute all criminal complaints in Tribal Court.
  • Ensure that police execute Court orders, documents, services of process and other legal requirements.
  • Supervise the gathering of evidence by Tribal law enforcement officers to ensure that each case is promptly and fairly presented.
  • Initiate and/or assist in training tribal police officers in criminal and court procedures.
  • Provide legal services for the Police Department, to assist Social Services and other tribal departments in filing through tribal court and other legal processes.
  • Develop protocol for compiling chain of custody of evidence and legal review of cases.
  • Develop legal strategy for prosecutorial process.
  • Represent the interests of the Pueblo of Zuni in prosecuting individuals charged with violating Zuni Codes.
  • Abide by the ethical code of conduct.

Minimum Qualifications

Knowledge, skills and abilities: Knowledge of Tribal and Federal court systems and of state, federal and Tribal statutes, rules, regulations, and codes. Knowledge of principles, practices, and methods of legal research. Knowledge of judicial procedures and rules of evidence. Knowledge of court processes, administrative law processes, and legal terminology. Knowledge of legal strategies, their development and presentation. Skill in oral and written communication. Skill in records analysis. Skill in operating a personal computer, in use of software application, and in conducting internet searches. Skill in establishing, maintaining, and improving cooperative working relationships. Ability to plan, coordinate, and implement training. Ability to write reports and to complete forms that may be required. Ability to understand and be sensitive to Zuni culture and tradition. Must be of high moral character and integrity. Ability to follow instructions. Ability to maintain good working relationships with tribal employees, tribal court, law enforcement, and the general public.

Training and Experience:  Juris Doctorate from an accredited law school with one (1) year experience handling criminal cases. OR  A Bachelor’s Degree in Criminal Justice or related major with two (2) years experience in victim assistance, law enforcement, and/or court processes preferred.

For full job description and to apply, go to: Tribal Prosecutor (open until filled)

Deadline Extended – Call for articles: Special Indian Law Edition of the Arizona Attorney 2022

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Deadline for 1-2 Paragraph Article Proposals: February 7, 2022

Deadline for Article Drafts: March 18, 2022

The Indian Law Section has extended the deadline for article proposals to be included in the 2022 special Indian Law edition of the Arizona Attorney magazine. Proposals should focus on an issue of interest to those who practice Indian Law. Publication in the Indian Law Edition of the Arizona Attorney magazine is a wonderful opportunity for Indian legal practitioners to showcase their expertise in the field of Indian law.  The Indian Law Section relies on you to contribute articles in order to preserve this outstanding tradition.

Past articles from the 2021 Indian Law edition were:
A View from Tribal Court: Tips for Best Practices
By M. June Harris

Thawing the Freeze: COVID-19’s Effect on the Former Bennett Freeze Area of the Navajo Nation
By Susan I. Eastman

The Words of the Talking God: Sustaining Native Nations Through the Common Law
By Joseph Austin

An Opportunity Arises: Prop. 207 and Arizona Tribes’ New Beginnings for Marijuana Legislation
By Judith Dworkin, Joe Keene, and Candace French

Epidemic Hiding in Plain Sight
By Susan Filan

Spectrum Sovereignty: The U.S. Must Recognize Indigenous Rights to Spectrum
By Darrah Blackwater

Arizona–Tribal 2021 Gaming Compact Amendments: What You Need to Know
By Heidi McNeil Staudenmaier and Ed Hermes

Bent But Not Broken – ICWA Stands: A Summary of “Brackeen v. Haaland”
By Glennas’ba Augborne Arents and April E. Olson

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, etc.); the anticipated title; and a concise summary of the thesis of the article. 

Proposal authors will be notified on whether their proposed article has been accepted by February 11, 2022.  The draft of the article for a selected proposal will be due on March 18, 2022.  Final drafts of selected articles are due by April 25, 2022.

If you would like to submit a proposal or if you have questions, please contact:

Glennas’ba Augborne Arents, Secretary, Indian Law Section
gaugborne@rothsteinlaw.com

Or

Hon. M. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov

Inclusion on the bench

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Representation in Arizona

Of the 26 elected justices of the peace in Maricopa County, Judge Deborah Ann Begay (’10) is representing Indian Country in a big way! In January 2021, Begay made history by becoming the first Native American justice of the peace in Maricopa County and whose swearing in was administered by Navajo Nation President Jonathan Nez. After a full year sitting on the bench, she understands the need to serve and empower underrepresented communities. 

“Because the judicial system has historically been ruled by cisgender white men, people may have biases against judges who do not look like they expect them to,” said Begay in an Arizona Republic article “Maricopa County Justice Courts lead way on representation.” 

Your impactful service is so inspiring and we are proud of you, Judge Begay!

See more of Begay’s personal swearing-in ceremony in ILP blogpost Alumni: Taking the Oath in a Pandemic. 

(Photo courtesy The Arizona Republic)

Success at the Ninth Circuit Court of Appeals for the Indian Legal Clinic

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The Indian Legal Clinic represented the appellants in the United States Court of Appeals for the Ninth Circuit (Case no. 21-35230, Newtok Village v. Andy Patrick) in an appeal from the United States District Court for the District of Alaska that involved defending tribal sovereignty from unlawful intrusion by federal courts.

On behalf of their clients, the clinic appealed an adverse permanent injunction issued by the District Court of Alaska and argued that tribal sovereignty to resolve intratribal disputes prevents federal courts from intervening on such matters and that the District Court of Alaska lacked jurisdiction. On December 22, 2021, the Ninth Circuit unanimously agreed with the appellants’ arguments and vacated the district court’s orders. Judge Richard C. Tallman wrote the opinion, concluding, “Continuing to enforce the permanent injunction here risks the federal court’s impermissible involvement in interpreting the Tribe’s constitution and laws.” 

Indian Legal Clinic Director Patty Ferguson-Bohnee argued the case before the Ninth Circuit Court of Appeals on November 9, 2021. Watch the recording of the oral argument. Vinnie Amato (3L) assisted with research. Native Vote Fellow Torey Dolan (’19) and Jens Camp (’21) assisted in drafting the briefs before the Ninth Circuit. Dolan provided notes for the oral argument preparation, and Native Vote Fellow Blair Tarman-Toner (’21) and Dolan assisted in preparing and refining Ferguson-Bohnee’s oral argument. The ILC collaborated with co-counsel James J. Davis, Jr. of the Northern Justice Project LLC in Anchorage, Alaska.

Native Vote

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Mapping the next election

Redistricting

The State is wrapping up its redistricting efforts, and the Arizona Independent Redistricting Commission will finalize the legislative and congressional maps early next week. Native Vote Fellow Blair Tarman-Toner (’21) tracked the Commission’s deliberations over the course of its 14 decision-making meetings, as well as tracked  the public comments made at 32 public hearings. Tarman-Toner also regularly presented to tribes on the redistricting process, assisted tribes in drafting public comments, and submitted oral and written comment regarding the importance of complying with the Voting Rights Act and maintaining a strong Native American majority-minority district.  

2022 Legislative Session

The Indian Legal Clinic has kicked off its Native Vote policy project with the start of the legislative session this week. The project will focus on tracking bills that impact voting and keeping tribes informed and involved regarding how those bills will impact their tribal members. The clinic will also work with other voting rights organizations through the Arizona Voting Rights Defense Coalition. Native Vote Fellow Torey Dolan (’19) serves on the Coalition’s Coordinating Committee that manages the broader Coalition. 

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Blair Tarman-Toner (’21)
Native Vote Fellow, Indian Legal Program, ASU Law

Job opportunity: Attorney

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Kanji & Katzen, P.L.L.C
Seattle, Washington, and Ann Arbor, Michigan

Kanji & Katzen, P.L.L.C, with offices in Seattle, Washington, and Ann Arbor, Michigan, seeks an attorney for either office or to work remotely. Kanji & Katzen’s nationwide legal practice focuses on the representation of tribes, tribal organizations, and tribal members. The firm assists tribes in protecting their sovereignty, their natural and cultural resources, and their lands, and in pursuing economic development projects. The firm expects its attorneys to devote their careers to advocacy on behalf of tribes. Given the composition of the firm’s caseload, a keen interest in and knowledge of environmental and natural resources law, in addition to federal Indian law, would be helpful. However, prior experience in the fields of Indian and/or environmental law are not pre-requisites to employment.

Applicants should possess a stellar academic and professional record, as well as a willingness to work enthusiastically and creatively on behalf of tribes. Applicants should have at least 2 years of litigation experience after a judicial clerkship or law school.

The firm offers competitive salaries and an opportunity to hone advocacy skills in a wide variety of interesting settings.

To apply, please send by email a cover letter, resume, law school transcript, a writing sample, and references, to employment@kanjikatzen.com. We prefer to receive the application documents combined into a single pdf file.

Brilliant Success

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Gathering of Indigenous Legal Scholars

On Dec. 8-9, the ILP and the Native Nations Law and Policy Center at UCLA School of Law teamed up and welcomed current and future Indigenous law faculty from across the country to participate in the “Gathering of Indigenous Legal Scholars” at ASU Law. The purpose of this gathering was to cultivate a community of support for current and future legal scholars across the fields of federal Indian law and tribal law.
On the first day, four emerging Indigenous scholars presented their research to the 25 Indigenous law professors in attendance. The faculty then presented a hybrid-format webinar, “Launching Your Academic Career,” to share knowledge, tips and advice for entering the academic job market. On day two, junior and senior faculty in the field shared their current research with one another. 

The overall event highlighted just how robust scholarship in the field of Indigenous law has become, and how important rigorous legal research is to Indigenous peoples and the development of law and legal systems intended to meet their needs. The event built on previous gatherings for emerging Indigenous faculty organized by senior Indigenous scholars, including Professor Robert J. Miller. 

We are delighted that five ILP affiliates participated: Native Vote Fellow Torey Dolan (’19) presented “Reviving the Promises of the Indian Citizenship Act: Congress’ Trust Obligations to Protect the Native Vote,” Professor Patty Ferguson-Bohnee presented “Self-Determination in a Sinking Basin,” Professor Stacy Leeds presented “Essentials of Going on the Legal-Academic Job Market”, Professor Miller served on the roundtable “Developing Your Research Agenda” and Professor Trevor Reed presented “Restorative Licensing.”

We appreciate our co-host the Native Nations Law and Policy Center at UCLA School of Law and all participants for making this a successful event.

Celebrating Tribal Investments

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San Manuel Band of Mission Indians

Last month, the Indian Legal Program celebrated the generosity of the San Manuel Band of Mission Indians at the ASU California Center in downtown Los Angeles, located at the historic Herald Examiner building, for a special ribbon-cutting ceremony and the naming of Yuhaaviatam of San Manuel Event Center within the building. The naming of the space recognizes San Manuel’s $5 million gift for the recent renovation of the ASU California Center, and the tribe’s support for ASU Law’s Indian Gaming and Tribal Self-Governance programs. 

San Manuel Chairman Ken Ramirez said it best: “Investing in education that underscores Native American law and tribal sovereignty is among the core values of the tribe.”

“Participating in the unveiling was an honor,” said Derrick Beetso (’10), director of ASU Law’s Indian Gaming and Tribal Self-Governance programs. “The history of the Herald Examiner building, as described by Chairman Ramirez, indicates how special this event was for the San Manuel Band of Mission Indians, and it was a pleasure to share in this experience. The Indian Gaming and Tribal Self-Governance programs look forward to exploring new opportunities for innovative uses for the space, including practical learning experiences for our students.”

Read more in the ASU News article and review ASU Law’s video recap.

We are very happy some of our ILP students joined Professor Beetso, Professor Patty Ferguson-Bohnee, Executive Director Kate Rosier and Professor Trevor Reed in this celebration, including: Ashleigh Fixico (2L), Noah Goldenberg (2L), Clayton Kinsey (1L), Francisco Olea (LLM), Sophie Staires (1L) and David Streamer (3L). During the trip, students documented and shared the experience on our Instagram for Student Takeover. 

Thank you, San Manuel Band of Mission Indians, for your continued support!