Monthly Archives: November 2022

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

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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

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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.

Dwight Witherspoon and Chelsey
Danielle
Clayton Kinsey and Michael LaValley
Chia Halpern Beetso
Chia and Patty
Chad Edwards and Gila River Indian Community Pollworker Darren Morago
Chad Edwards
Brittany Habbart and Gwendolyn Bell
Brian Garcia and Jessica
Beetso assisting an elder
Volunteers at Salt River
Dustin Rector and Marian Clay at White Mountain Apache
Kristin McPhie and Maryam Salazar
Roberto Jackson and Bonnie
Wyatt Williams
Volunteer
Caleb and Cat
Natalia Sells
Michael LaValley and Autumn at Salt River Pima-Maricopa Indian Community
Michael LaValley and Autumn again
kat and diane enos
Dwight Witherspoon and Danielle Williams
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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

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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

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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!