Category Archives: Indian Legal Clinic

ILC at Local Tribal Courthouse

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The Indian Legal Clinic started off the semester with a visit to the Ak-Chin Indian Community Tribal Courthouse on Jan. 21. Chief Judge Yancy Jencsok led the tour for Professor Helen Burtis (’07) and student attorneys Gwendolyn Bell (2L), Ryan Maxey (2L), Lena Neuner (2L), Claire Newfeld (2L), Ravynn Nothstine (2L), and David Streamer (3L). Clinic students will become authorized to practice law before the Ak-Chin Indian Community Court and represent defendants.

“I have never been to a tribal courthouse, so it was an awesome experience to see and tour the courthouse with Chief Judge Jencsok,” said Streamer. “It was refreshing and inspiring to hear about Chief Judge Jencsok’s work and positive experiences with tribal courts, but more importantly it was nice to see that tribal courts like Ak-Chin Indian Community are operating, growing and have knowledgeable staff and judges like Chief Judge Jencsok.”

“It’s an empowering feeling to see a tribe exercise their sovereignty and jurisdiction,” said Nothstine. 

“Tribal courts are a literal concrete expression of a tribe’s sovereignty and it was an honor to have this opportunity to speak to Judge Jencsok about the role of the court in the community while familiarizing myself with a court I’d be practicing in with the clinic,” said Maxey.

We appreciate the Ak-Chin Indian Community Tribal Courthouse and Chief Judge Jencsok for the continued support.

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

ILP Family legacy

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Native American Heritage Month

ASU's Native American Law Students Association (NALSA) president and 2L Ashleigh Fixico (Muscogee Creek Nation) rocking her mocs

As a team representing 10 tribes at the Sandra Day O’Connor College of Law, the Indian Legal Program aims to educate and celebrate on the ancestral lands of the Akimel O’odham. The program was established 33 years ago by the efforts of two ASU Law students – Gloria Kindig (’89) and LynDee Wells (’89). Over the years, we have excelled and built on that vision and created the Indian Legal Clinic, the Arizona Native Vote Election Protection Project, the Indian Wills Clinic, the Pathway to Law Initiative, the Rosette LLP American Indian Economic Development Program, and the Indian Gaming and Tribal Self-Governance programs.

  • Kate Rosier (Comanche), ILP Executive Director and Assistant Dean of Institutional Progress
  • Patty Ferguson-Bohnee (Pointe-au-Chien), ILP Faculty Director and Indian Legal Clinic Director
  • Professor Robert Miller (Eastern Shawnee), Willard H. Pedrick Distinguished Research Scholar and Director of the Rosette LLP American Indian Economic Development Program
  • Professor Stacy Leeds (Cherokee), Foundation Professor of Law and Leadership
  • Professor Trevor Reed (Hopi), Associate Professor of Law
  • Professor Ann Marie Bledsoe Downes (’94) (Winnebago Tribe of Nebraska), Professor of Practice and Director of the Indian Gaming and Tribal Self-Governance Programs
  • Professor Derrick Beetso (’10) (Navajo), Director of the Indian Gaming and Tribal Self-Governance Programs
  • Professor Helen Burtis (’07), Faculty Associate
  • Professor Lance Morgan (Winnebago Tribe of Nebraska), Faculty Associate
  • Professor Pilar Thomas (Pascua Yaqui Tribe of Arizona), Faculty Associate
  • Danielle Williams (Navajo), Program Coordinator Sr
  • Theresa Beaulieu (Stockbridge-Munsee), Program Coordinator
  • Honore Callingham (’18), Senior Specialist, Indian Legal Clinic
  • Torey Dolan (’19) (Choctaw Nation of Oklahoma), Native Vote Policy Fellow, Indian Legal Clinic
  • Blair Tarman (’21) (Chickasaw), Native Vote Policy Fellow, Indian Legal Clinic

In addition to the JD program, we also offer a Master of Laws (LLM) program and Master of Legal Studies (MLS) program. 

We’ve expanded our presence in Nebraska, California and Washington, D.C. We are a growing network because law is a growing field. Over 375 ILP students have graduated from ASU Law and over 150 received a certificate in Indian Law. 
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Today, we are proud to have 72 students representing 36 tribes: 44 JD, 1 LLM and 27 MLS. 

To our entire ILP family: Happy Native American Heritage Month!

Performing Estate Planning in Indian Country

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The Indian Legal Clinic successfully and safely completed two in-person Indian Wills Clinics with Quechan Indian Tribe and Pechanga Band of Luiseño Indians. Under the direction of Professor Helen Burtis (’07), 3L student attorneys Jacob Broussard, Liliana Elliot, Lindsay Ficklin, Zaine Ristau and Dwight Witherspoon drafted estate planning documents that are designed to provide allotment owners with wills that conform to the provisions of American Indian Probate Reform Act. The past few years have highlighted the need for elders especially to execute Indian wills.

In September, the clinic executed 14 wills for members of the Quechan Indian Tribe near Yuma, Arizona. In October, the clinic executed 16 wills for members of the Pechanga Band of Luiseño Indians in Temecula, California. 

Students appreciated the hands-on experience with Native American clients, especially being able to interact with clients in person again, albeit with safety precautions. “I find doing the Wills Clinic really rewarding,” said Elliott. “I learned a lot that I think will be helpful as a future Indian Law attorney.” 

Witherspoon added, “I appreciate working with Native American clients and assisting them with their allotments that pertain specifically to Native American clients in addressing their estate planning needs.” 

We appreciate the tribes for their generous hospitality and hosting the Indian Wills Clinic at their facilities. The clinic is planning additional Indian Wills Clinics for next semester. 

Native Vote Restoration

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Big win for the Pascua Yaqui Tribe

The Campaign Legal Center, Osborn Maledon and the Indian Legal Clinic represented the Pascua Yaqui Tribe in a lawsuit to restore the early voting location before the 2020 election. The Pascua Yaqui Tribe recently reached a settlement with Pima County to restore an in-person early voting location on the Pascua Yaqui Reservation. 

The right to vote for Native Americans in Arizona was only secured in 1948, and despite this right on paper, barriers to voting continue to persist and prevent Native American communities from fully participating. One such barrier was the closing of the early voting location on the Pascua Yaqui Tribe’s reservation in 2018 by then Pima County Recorder F. Ann Rodriguez. The Pascua Yaqui Tribe has been fighting to restore the site since it was originally closed in 2018 and have used every available tool to have the site restored. 

Now, the Pascua Yaqui Tribe’s efforts are finally coming to fruition with this settlement agreement, which will restore the in-person early voting location on the reservation and provide voters living on the reservation an opportunity to vote in-person early, safely, and in their community just as other Arizonans have voted across Pima County for the past four years. The settlement agreement also provides for cooperation on voter registration and outreach.  

Student attorneys Aspen Miller (’21), Jens Camp (’21) worked with Professor Ferguson-Bohnee and Native Vote Fellow Torey Dolan (’19) prepare for the preliminary injunction hearing last fall. We have been proud to stand alongside the Campaign Legal Center and Osborn Maledon in representing the Pascua Yaqui Tribe in their fight to protect their right to vote and are glad that the current Pima County Recorder Gabriella Cázares-Kelly recognizes the importance of this site and has worked with the Pascua Yaqui Tribe to reach this agreement.

ILP serving on the NABA-AZ Board

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The Native American Bar Association of Arizona (NABA-AZ) recently announced its 2021-2022 board of directors. Congratulations to this year’s ILP leadership: ILP Executive Director Kate Rosier, president; Meredith Gaylord (’19), president-elect; Bartley Harris (’08), treasurer; and Professor Pilar Thomas, secretary. Other ASU ILP board members include Jason Croxton (’10), ILP Faculty Director Patty Ferguson-Bohnee, Simon Goldenberg (’17), Verrin Kewenvoyouma (’04) and Kevin Pooley (’15). 

We appreciate ILP representation on the board!

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

Indian Wills Clinic: Quechan Tribe

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Student attorneys enrolled in the Indian Legal Clinic took part in a two-day Wills Clinic with the Quechan Tribe in March. The clinic was designed to provide Quechan allotment owners with wills that conform to the provisions of American Indian Probate Reform Act. Sixteen Quechan allottees were served in the clinic.

During the first day, each student met with four tribal members in one-on-one counseling sessions. That evening, the students drafted the wills with feedback from ILP Professor Helen Burtis (’07), and Rosette, LLP attorneys Simon Gertler (’18) and Jim Palmer (’04). The following day, the students met again with their clients to review the wills to ensure that each person’s wishes were correctly represented in the documents. The clinic culminated with the students walking each client through a signing ceremony in which the will was executed before witnesses and a notary. The entire process between the students and the clients took place remotely via Zoom. 

“With online learning and not seeing as many people in person, it has been hard to stay cause-connected,” said 2L Vinnie Amato, one of the participating students. “Being able to help draft wills for tribal members over Zoom was a great experience because it refocused me on why I joined the Indian Legal Program. I also gained valuable skills I never would have received otherwise.”

Thanks to Professor Burtis for organizing and leading the Wills Clinic, and to attorneys Simon and Jim for their assistance in the drafting process!

Celebrating Women’s History Month: Progress, Power, Purpose

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Life in a pandemic has not been easy for any of us but we remain resilient and stand strong. While political changes are shifting with the new Biden-Harris Administration, we recognize history in the making. Congresswoman Deb Haaland is front and center as a reminder of women in their power. In celebrating “Women’s History Month,” we turned to some of the women of the Indian Legal Program to shed light on women legal professionals and advocates in this Progress, Power, Purpose series. Starting with ILP’s powerhouse lady leads, Executive Director Kate Rosier who was recently appointed as Assistant Dean of Institutional Progress at ASU Law and Faculty Director and Indian Legal Clinic Director Patty Ferguson-Bohnee.

In spite of these tumultuous times, ILP’s lady leads have not skipped a beat. In fact, they have greatly expanded and transformed the digital media scene from offering free CLE virtual events (McGirt webinar is still ASU Law’s largest webinar attended) to increased collaborative partnerships. Since the law school reopened its doors to the administration and began offering hybrid courses in August 2020, these lady leads are in their offices every week with their doors open to current and prospective students, and teaching their respective classes. All in the name of good service. 

As a program led by Native women, we want to celebrate our women who are serving their communities, holding seats at the tables of governance, strategizing to secure victories, blazing trails and setting a tone for the generation of Native women to follow. 

Read their stories in the Progress, Power, Purpose series:

  • Kate Rosier, Director and Assistant Dean of Institutional Progress
  • Patty Ferguson-Bohnee, Faculty Director & ILC Director
  • Ann Marie Bledsoe Downes (’94), Professor of Practice and Indian Gaming & Tribal Self-Governance Programs Director
  • Stacy Leeds, Foundation Professor of Law and Leadership
  • Honorable Diane Humetewa (’93), Professor of Practice
  • Helen Burtis (’07), Faculty Associate
  • Breann Swann Nu’uhiwa (’09), Faculty Associate
  • Torey Dolan (’19), Native Vote Fellow
  • Jennifer Giff (’95), Advisory Council
  • April Olson (’06), Advisory Council
  • Nikki Borchardt Campbell (’09), Advisory Council
  • Judith Dworkin (ASU Law ’86),  Advisory Council
  • Maria Dadgar, Advisory Council
  • Claudeen Bates Arthur (’74)
  • Gloria Kindig (’89)
  • Diane Enos (’92)
  • Debra Gee (’94)
  • Doreen Nanibaa McPaul (’01)
  • Lydelle Davies (’02)
  • Diandra Benally (’05)

Stay tuned for more updates to celebrate Women’s History Month.

Note: Photo cover of Kate and Patty were photographed separately with full safety measures and edited post-production.

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Content creator & photo credit: Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law

Progress, Power, Purpose: Patty Ferguson-Bohnee

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Women's History Month

In celebrating “Women’s History Month,” we turned to some of the women of the ILP to shed light on Native women legal professionals and advocates in this Progress, Power, Purpose series. Indian Legal Program Faculty Director, Indian Legal Clinic Director and Professor of Law at ASU Law Patty Ferguson-Bohnee is of the Pointe-au-Chien tribe from Louisiana. In addition to teaching, this formidable force is most known for her continued work on the Arizona Native Vote Election Protection Project, which did Indian Country a great service in the 2020 presidential election, moving closer to a democracy that honors and values Native voters. While the pandemic was not an ideal circumstance, Native Vote took to digital media by storm with interviews, trainings, presentations, collaborations and most notably, the newly created Polling Locator Tool. Read more in Arizona Native Vote Changemakers.

When she’s not leading the charge in Native Vote, Patty is preparing students in her Indian Legal Clinic and promoting diversity and inclusion.

Q: What does your current position entail?
A: I serve as the Director of the Indian Legal Clinic and Faculty Director of the Indian Legal Program at the Sandra Day O’Connor College of Law at ASU.  I am so blessed to be able to work with leading scholars and practitioners in Indian law and Tribal law and motivated students who really care about serving Indian Country.  In the Indian Legal Clinic, the students practice under my bar license.  We work on matters in tribal, state, federal, and international forums.  The cases range from probate, family, criminal and civil litigation, voting rights, code drafting, environment, climate, and status clarification of tribes. My goal is that the students learn useful practical skills and develop a passion for service, while also serving unmet needs for Indian Country.

Q: Were you always interested in this kind of work? 
A: I became interested in law when I participated in mock trial in high school.  However, I became interested in Indian law as an undergraduate student.  I was able to take a Federal Indian Law class as a freshman, and I never looked back. 

Q: What advice do you have for Native American women who want to work in this area? 
A: The sky is the limit!  Although Native American women are the most underrepresented group in the legal profession, Native American women are doing phenomenal work.  Keep in touch with your law school classmates and build a community of support.  Join your local Native American Bar Association and the National Native American Bar Association.   

Q: What is your proudest career moment? 
A: Assisting Four Louisiana Tribes in securing state recognition. 

Q: Is there anything you’ve learned after graduating law school that you wished you learned in class? 
A: Many law students do not learn that there are three sovereigns—the state, the feds, and tribes.  While this might not be harmful in some states, in the southwest, it could lead to malpractice.  It also means that as Native lawyers and practitioners of tribal law and Federal Indian law, we are always teaching—the judges, opposing counsel, co-workers, clients, and others.  At ASU, it is great to have Indian law professors teach first year courses so that they can provide this lens in which to analyze the law.  It makes us all better attorneys and advocates.  Everyone should learn Indian law basics because it transcends all areas of law. 

Q: What is the most valuable lesson you learned in the classroom that has helped you in your career? 
A: I took a few practical courses that served me well. One was environmental litigation, which included drafting briefs and an appellate argument.  The other was mediation clinic, which taught me to listen and provided me tools to help resolve disagreements.   

Q: Who are three Native American women law professionals and/or advocates who should be on our radar right now?

  • Hilary Tompkins: a strong Native American woman, a leader, the first Native American to serve as the Solicitor of the Interior, and someone who has remained humble and genuine.  She is expanding her knowledge base and using this an opportunity to rethink and reframe Indian law issues.  She gave a thoughtful and powerful lecture at last year’s annual Canby Lecture, and I appreciated the time she spent with our students.   
  • Deb Haaland: If confirmed, Deb Haaland will be the first Native American ever appointed to a cabinet position.  Her views on climate change are important to the future of Tribal communities, and the whole country.   
  • Doreen McPaul (’01): Doreen has served in numerous positions – academia, private law firms, tribal in-house counsel, counsel to tribal leadership, and now, Attorney General of the Navajo Nation. Through this journey, she has volunteered, served on numerous boards and bar leadership, speaks on numerous panels, and coordinates educational programs about Indian law and tribal law. She is also the president and founding board member of the Tribal In-House Counsel Association – a much needed forum to support tribal in-house attorneys and advocates. 

Review Patty’s publications:

  • Received the American Bar Association’s 2020 Spirit of Excellence award
  • “How the Native American Vote Continues to be Suppressed” article published in the ABA Vol. 45, No. 1: Voting Rights.
  • Co-authored with James Tucker article “Voting During a Pandemic Vote-By-Mail Challenges for Native Voters”
  • “The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression” SSRN article
  • “The Impacts of Coastal Erosion on Tribal Cultural Heritage” article published in the SSRN.

Stay tuned for our next Progress, Power, Purpose series.

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Danielle Williams
Program Coordinator, Indian Legal Program, ASU Law