2023-2024 Native Vote recap

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This year, Arizona Native Vote Election Protect Project prepped for the 2024 Elections. ILC students worked on many different voting rights and election issues: ballot collection, election protection, voter access, tribal authority and collecting spatial data used in our polling locator tool.

During the ABA Annual Meeting, Indian Legal Clinic Director Patty Ferguson-Bohnee led a discussion Perfecting Democracy: Pro Bono Opportunities and the State of Native American Voting Rights to encourage lawyers to volunteer during the 2024 election cycle. Ferguson-Bohnee and the new ILC Democracy Director Joel Edman participated in the Native American Voting Rights Coalition meeting in Washington, D.C., where Ferguson-Bohnee presented on case updates. The Indian Legal Clinic Native Vote Election Protection Team also submitted comments to the Arizona Secretary of State regarding Tribal provisions in the Election Procedures Manual, which was mentioned in The Arizona Republic article “Arizona Elections Procedures Manual criticized by Dems, GOP.”

On Sept. 19, ILC student attorneys celebrated National Voter Registration Day providing voter registration services to the ASU community at both the law school and the downtown ASU American Indian Student Support Services office.

In October, the ILC co-sponsored a convening focused on partnerships between Tribes and County elections officials, many of whom are were in their roles going into 2024. Ferguson-Bohnee provided an overview of tribal voting statistics and barriers documented in recent elections by Arizona Native Vote. ILC student attorneys Maryam Gary Nez (3L), and Natalia Sells (3L) and Edman helped the facilitation team to keep notes during regional breakout sessions. Our Arizona Native Vote team met with Secretary of State Adrian Fontes, as well as Pima County Recorder Gabriella Cázares-Kelly, member of the Tohono O’Odham Nation, who shared her experiences as an elected official.

Governor Katie Hobbs approved a new Election Procedures Manual (EPM) on Dec. 29, 2023. The ILC provided analysis and recommendations to Tribal leaders throughout the EPM process. Successful advocacy from Tribal leadership led to new, robust EPM policies regarding Tribal consultation and language assistance, as well as guidance on poll worker training related to key issues impacting Native voters. At the January Native Vote Strategy Session, Ferguson-Bohnee updated Tribal leaders on the EPM and Edman gave a legislative update.

During Spring Break, the ILC welcomed Professor Marcy Karin from the University of the District of Columbia (UDC) School of Law, along with her law students to gain insights into the voting landscape within Indian Country in Arizona. Additionally, they contributed to updating voting data presentations tailored to specific tribes in the state.

For Presidential Preference Election Day, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Ferguson-Bohnee, Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to assist Native voters.

Preparing for 2024 election

Native Vote is now gearing up for the July primary and November general elections. We continue to share legislative updates and present on other voting-related topics during monthly Native Vote Strategy Sessions.

Arizona Native Vote Election Protect Project is calling for volunteers for Election Day, November 5, 2024.

Job opportunity: Chief Judge

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Yavapai-Apache Nation Tribal Court

The Chief Judge presides over and ensures proper operation of the Yavapai-Apache Nation Tribal Court. The Chief Judge is the primary Judicial Officer of the Tribal Court and is the administrator of the Nation’s Tribal Court.

Download full job description: Chief Judge 4-22-2024

How to apply: Please submit your resume and application to:
Yavapai-Apache Nation / Human Resources
2400 W. Datsi / Camp Verde, AZ 86322
P: 928-567-1062 / Fax: 928-567-1064
www.yavapai-apache.org

Job opportunities: Yavapai Nation

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Chief Prosecutor

Description: The Chief Prosecutor is responsible for the executive and administrative control/supervision of the Prosecutor’s Office within the Office of Attorney General. The Chief Prosecutor represents the Yavapai-Apache Nation in criminal, juvenile and child welfare proceedings in the Yavapai-Apache Nation Tribal Court. The Chief Prosecutor will perform the duties and responsibilities of the position in an ethical manner and assure that justice is upheld according to the laws and customs of the Yavapai-Apache Nation.

See full job description: Chief Prosecutor – Yavapai-Apache Nation 

Attorney

Description: The Attorney position represents the Yavapai-Apache Nation on a wide range of legal issues including drafting of codes and policies, negotiation and review of contracts and other agreements, advising the Tribal Council and its departments and entities, and representing the Nation before the Tribal Courts of the Nation and other tribal, federal, and state courts and administrative tribunals under the direction of the Attorney General

See full job description: Yavapai-Apache Nation Attorney-Job-Posting

Annual Celebration

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The Federal Bar Association Indian Law Conference provides a distinctive opportunity for legal practitioners and advocates to convene and engage in comprehensive discussions concerning the future of Indian Country. It’s also a moment when we gather to recognize and honor Indigenous achievements.

The ILP community met at Sandia Resort for its 23rd annual Alumni & Friends Awards Ceremony & Reception. The evening was brimming with heartfelt messages and inspiring success stories as attendees celebrated this year’s award recipients. Brian Garcia (’20) was honored with the Alumni Service Award and Krystalyn Kinsel (’15) received the Emerging Leader Award. The reception also provided an opportunity for past participants of the Native American Pathway to Law program to connect and explore new opportunities.

At this year’s Federal Bar Association Indian Law Conference, three members of the ILP family delivered insightful presentations. Matthew Campbell (’08) spoke on a panel “Protecting Sacred Places– Shortcomings and Available Tools;” Rebecca Ross (’10) addressed “Case Law Developments in Tribal Nations’ Ability to Protect Their Interests Through Sovereign Immunity;” and Michael-Corey Hinton (’11) delved into “Representation Matters: Ethical Considerations in Representing Your Tribe.”

The National Native American Bar Association (NNABA) also held its annual meeting, followed by the Justice is Medicine Celebration and Awards Dinner. The first part of the meeting included a Voting Rights Summit coordinated by Blair Tarman-Toner (’21) and Torey Dolan (’19).  During the summit, ILC Director Patty Ferguson-Bohnee presented on the Arizona Native Vote Election Protection administered by the ILC. Ferguson-Bohnee, Campbell, Garcia and Professor Paul Spruhan presented on a panel “Preparing for 2024 Native Voting Rights Summit.” During the afternoon portion of the meeting, the Honorable Diane Humetewa (’93) spoke on “Pathways to the Federal Bench.” During the reception, Kate Rosier , assistant dean of community engagement at ASU Law and executive director of ILP, was honored with the inaugural Community Keeper Award.

It was a pleasure to reunite with everyone and celebrate our mighty Indian Law community, which is filled with remarkable advocates who are committed to public service, advancing opportunities for Indigenous law students and strengthening Native American representation in the legal field.

National NALSA Moot Court Competition

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In March, ILP students Samir Grover (3L), Clayton Kinsey (3L), Sadie Red Eagle (2L) and Natalia Sells (3L) competed in the annual National Native American Law Students Association (NNALSA) Moot Court Competition hosted at the University of Montana Alexander Blewett III School of Law. This year’s teams were coached by the Indian Legal Clinic Director Patty Ferguson-Bohnee and Native Vote Democracy Director Joel Edman.

Congratulations to Clayton Kinsey (3L) and Samir Grover (3L) for advancing to the elite 8.

Participating in the NNALSA Moot Court for a second time, Kinsey built on his skills and approached each round with confidence. “It pushes the competitors to expand their advocacy skills beyond the traditional law school curriculum,” said Kinsey. “Second, the competition and skills are preparing Native law students for the real-world of appellate advocacy – a space that is, unfortunately, lacking in diversity and rarely includes Native representation despite the many cases focused on Native issues. Finally, the competition is fun and a great opportunity to meet other students and practitioners interested in Indian Law from across the country. This year included 51 teams! It was awesome to be involved.”

Additionally, a few ILP alumni served as judges at the national moot court competition. Sarah Crawford (’19), Kim Dutcher (’01),  Doreen Nanibaa McPaul (’01), James Mowdy (’19) and Rodina Cave Parnall (’01).

We extend our appreciation to all who served as volunteer judges during practice rounds leading up to the competition: Honorable David B. Gass (JD ’94), judge of Arizona Court of Appeals, Steve Heeley, of counsel at Rothstein Donatelli, and Mikel Steinfeld, Appeals Unit Supervisor, Maricopa County Public Defender.

Assisting Native voters on Preference Presidential Election day

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On March 19, the Arizona Native Vote Election Protection Project set up its command center in the ASU Indian Legal Clinic. Director Patty Ferguson-Bohnee, Democracy Director Joel Edman and student attorneys Keely Driscoll (2L), Samir Grover (3L), Clayton Kinsey (3L), Natalia Sells (3L), Alexandra Trousdale (3L) and Chelsi Tsosie (3L) were joined by Project partners to help Native voters on Preference Presidential Election day. 

The Arizona Native Vote Election Protection hotline was fully staffed and we appreciate our partners from All Voting Is Local, Inter Tribal Council of Arizona, Arizona Faith Network and League of Women Voters for the continued support.

We are also updating the polling locator tool. Most Arizona counties make changes to their precinct lines and/or voting locations between elections. Tsosie has obtained the new precinct shape files, allowing the tool to be updated for the 2024 election.

Edman recently provided an update on the use of vote centers vs. precinct-based polling places across Arizona. Besides determining precinct boundaries, Arizona counties also have the power to decide whether to offer precinct-based voting or vote centers. This decision point is critical to determining whether a ballot will be counted. At vote centers, any voter in the county can cast a ballot and have that ballot counted. Under Arizona’s precinct-based voting system, if a voter casts a ballot out of precinct, the whole ballot is discarded. 

The newly updated Election Procedures Manual, in effect beginning December 30, 2023, includes a requirement that counties using precinct-based polling places must offer out-of-precinct voters the opportunity to vote their correct ballot using an accessible voting device. This is a big win! 

Legal Futures

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On March 28, Patty Ferguson-Bohnee and Kate Rosier traveled to Tuba City, Arizona on the Navajo Nation to present “Legal Futures – the Impact to You” to Tuba City High School students. They were joined by Kris Beecher (’20), deputy chief of staff for the Navajo Nation Office of the President and Vice President, and Verrin Kewenvoyouma (’04), majority owner and managing partner of Kewenvoyouma Law, PLLC.

Ferguson-Bohnee serves as a member of the Arizona Supreme Court Commission on Diversity, Equality and Justice. This event was held in coordination with the Arizona Supreme Court Commission on Diversity, Equality, and Justice.

Tribal Justice

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ASU Native American Law Students Association and Law Journal for Social Justice joined forces to host a symposium on March 15. The Symposium of Tribal Justice informed the audience on Federal Indian law and Tribal Law and how Tribal Nations form and regulate their justice systems in alignment with both cultural values and protecting their communities.

Natalia Sells, a third-year law student, helped organize the event and explains the difference between Federal Indian law and Tribal law: Federal Indian law is the federal government constraining or relaxing the constrictions they have placed on a tribe’s inherent sovereign authority, whereas tribal law is the tribe exercising their inherent authority. Tribal law is important because it’s the tribe exercising their sovereignty and power for the benefit and protection of their people and could be aligned with cultural values. 

Derrick Beetso (’10), professor of practice and director of Indian Gaming and Tribal Self-Governance programs, presented on Jurisdiction in Indian Country, and Alfred Urbina, attorney general for the Pascua Yaqui Nation, presented on the Tribal Law and Order Act (TLOA) and the Violence Against Women Act (VAWA). Presenters on the Tribal Judges panel included April Olson (’06), chief judge for Tolowa Dee-ni’ Nation, appellate judge for Hualapai Nation and appellate judge for Fond du Lac Band of Lake Superior Chippewa, and Honorable Anthony Hill (’06), chief judge of the Gila River Indian Community Court.

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“What I loved best was all the speakers are Indigenous attorneys working towards the mission of strengthening tribes,” said Sells. “The presenters are truly our role models about the good work our law degrees can accomplish in Indian Country. I had never considered it before until I had the opportunity to work for a tribal court and upon meeting Judge Hill. Judge Hill always spoke highly about the role a tribal court judge had in the community, especially when one is from the community. I see serving as a tribal court judge as a great way to help one’s community in providing a stable judicial system that upholds tribal law that was enacted with the people and culture in mind.”

We appreciate ASU NALSA, LJSJ and the Academy for Justice for organizing a great event!

Growing Native businesses

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Earlier this semester, Professor Robert Miller worked with an advisory group organized by the National Congress of American Indians on a three-part “Why Native Small Business Matter and How to Grow Them” animated video series. The video series concentrates on reservation economic development over the long-term.

Watch each video in the series!

Traditional Knowledge Economies

Colonial Disruption and Enduring Legacies

Reclaiming Native Economies

Job opportunity: Civil litigation associate

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Galanda Broadman, PLLC, an Indigenous rights firm with seven lawyers and offices in
Seattle and Yakima, Washington, and Bend, Oregon, seeks to add an experienced civil
litigation associate who is also interested in practicing tribal law.

Galanda Broadman is an Indigenous owned firm dedicated to advancing tribal and tribal citizen legal rights and tribal business interests. The firm represents tribal governments, businesses, and citizens in critical litigation, business and regulatory matters, especially inthe areas of Treaty rights, tribal sovereignty, land rights, cultural property protection, taxation, commerce, gaming, serious/catastrophic personal injury, wrongful death, disenrollment defense, and Indigenous human/civil rights.

The firm seeks a lawyer who are deeply committed to representing Indigenous interests, who is state bar licensed in Washington state or Oregon; and who has civil litigation or a judicial clerk experience. The lawyer would help bring federal Section 1983 civil rights claims against local governments, federal claims for tribal governments, as well as serve tribal governments as general outside counsel.

We prefer applicants with at least three years of experience but exceptions can be made for exceptional candidates. Proven motion and civil rules practice, if not trial, experience, and the ability to self-direct are critical. Impeccable writing and research skills; critical and audacious thinking; strong oral advocacy; tremendous work ethic; tenacity; and sound ethics are required.

Salary DOE.

Qualified applicants should submit a cover letter tailored to this announcement, as well as:

  • Résumé
  • Writing sample’
  • Transcript
  • List of at least three educational or professional references 

Send to Alice Hall, the firm’s Office Manager: alice@galandabroadman.com

Applications directed elsewhere will not be considered.

For more information about Galanda Broadman, visit galandabroadman.com.