Native Vote: Preparing for 2022

Last month, the White House issued the “Report of the Interagency Steering Group on Native American Voting Rights” after hosting a series of regional consultations with tribal leaders and members and engaging in listening sessions with organizations advocating for improved tribal voting rights. ASU Law’s Indian Legal Clinic participated in the White House consultations as part of the clinic’s Arizona Native Vote Election Protection Project. The White House report explores the problems that Native American voters face and presents best practices and recommendations to mitigate and eliminate barriers that Native American voters encounter. The report featured the clinic’s polling locator tool created by Native Vote Fellow Torey Dolan (’19). 

In response to a special action petition filed in the Arizona Supreme Court challenging the constitutionality of early voting in Arizona, Patty Ferguson-Bohnee and Judy Dworkin (JD ’86) represented the Inter Tribal Association of Arizona, Inc. (ITCA) in an amicus brief in the case. The amicus explained the history of Native American disenfranchisement in Arizona, that early voting is constitutional, that all early voting options are needed to address the unique barriers experienced by Native American voters, and that eliminating drop boxes and in-person early voting may expose Arizona to federal litigation. Native Vote Fellows Dolan and Blair Tarman-Toner (’20) assisted in drafting the brief.

The ITCA hosts monthly “Native Vote Strategy Sessions” to assist tribal governments in planning for upcoming elections. Native Vote Fellows Dolan and Tarman-Toner provided a legislative update at the “March Strategy Session.” Dolan and Tarman-Toner are continuing to track bills in the Arizona State Legislature that impact voting in tribal communities. 

We appreciate our valuable Native Vote partners and the ongoing efforts that impact our voting power.

____

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

Miccosukee Tribe (Miami) Staff Attorney position

The Miccosukee Tribe of Indians of Florida is currently in search of a full time Staff Attorney.  The Staff Attorney will  provide legal support to the In-House General Counsel on a variety of matters, including but not limited to, Real Estate, Employment, Indian Gaming, and Environmental issues. Federal Indian Law experience required. We are located at 37700 SW 8 STREET, MIAMI, FL 33194.

Here is the link to the position:   https://www.indeed.com/jobs?q=legal%20miccosukee&l=Miami%2C%20FL&vjk=5d4accad45e6485a

ILP Alum Swearing In

At the peak of the pandemic and ILP family refused to slow down! On Dec. 20, 2021, Alexander Mallory (’18) was sworn into the United States District Court for the District of Arizona by Judge Diane Humetewa (’93). 

“It was an honor to be sworn into the United States District Court for the District of Arizona by Judge Humetewa,” said Mallory.

“Clerking for Judge Humetewa has been such a privilege. She’s a brilliant jurist and a wonderful mentor, but even more, a kind person. Thank you, judge, for swearing me in. Thank you, family and friends, for inspiring and encouraging me. This achievement is as much yours as it is mine.”

Mallory also thanked Professor Patty Ferguson-Bohnee for sponsoring her application for admission.

Judge Humetewa also administered swearing-in ceremony for another fellow ILP alum, Jasmine Blackwater-Nygren (’20) in January 2021. Read more on our blogpost: Alumni: Taking the Oath in a Pandemic.

These ILP alumni represent a very powerful minority and when a member of the ILP family need support, strength or presence, ILP family is there to serve.

Native Vote: Tracking bills, tracking redistricting

Last month, the Arizona Native Vote Communications Working Group made its return. Native Vote Fellow Blair Tarman-Toner (’21) attended the group’s meeting, and she will participate in the planning and organizing of election education and outreach materials to share in tribal communities as the group continues to meet regularly. 

ASU Law’s Indian Legal Clinic has continued working on the Native Vote policy project since Arizona’s legislative session began last month. Native Vote Fellows Torey Dolan (’19) and Tarman-Toner will continue tracking bills that impact voting and will inform tribes as to how particular bills impact their tribal members. So far, the Indian Legal Clinic has identified 142 democracy-related bills in the Arizona Legislature – 72 in the Senate and 70 in the House of Representatives. Additionally, the clinic has continued its work with other voting rights organizations through the Arizona Voting Rights Defense Coalition. 

The Indian Legal Clinic is preparing to present at two upcoming meetings of the Inter Tribal Council of Arizona to discuss barriers to voting in Indian Country and the upcoming elections. 

Additionally, the Arizona Independent Redistricting Commission certified the state’s congressional and legislative maps. Tarman-Toner will continue tracking the county-level redistricting process. The county-level district lines must be finalized by July 1. 

2022 ILP Alumni Awards – Call for Nominations

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 4, 2022! 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 Thursday, April 7, 2022 at Sandia Golf Center 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: 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: 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: 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).

Job Opportunity – Tribal Prosecutor

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

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

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)

Native Vote

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. 

____

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