Category Archives: Staff

Call for articles: Special Indian Law edition of the Arizona Attorney 2024

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Deadline: February 23, 2024

The Indian Law Section is soliciting proposals for articles to be included in the 2024 special Indian Law edition of the Arizona Attorney magazine. The proposal should focus on an issue of interest to those who practice Indian Law.

Past articles from the 2023 Indian Law edition were:

Bones in Contention:

A Journey and a Cautionary Tale
BY: SHERRY HUTT

Up Shit Creek Looking for a Paddle
BY: M. KATHRYN HOOVER

Protecting Indigenous Sacred Places
BY: OLGA SYMEONOGLOU

The Trouble With the Tribal Law and Order Act
BY: CHRISTINA RINNERT

Avoiding Alphabet Soup in Your Legal Writing
BY: HON. KYLE FIELDS

Indian Law From Behind the Bench, Edition 2
BY: ALEXANDER MALLORY

Additional past articles from the
2022 Indian Law edition

See more

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, Gaming, 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 March 1, 2024. The draft of the article for a selected proposal will be due on April 12, 2024. Final drafts of selected articles are due by May 10, 2024.

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

Tribal Court Trial Skills 2023

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After a multi-year postponement due to pandemic-related safety concerns, the Indian Legal Clinic was very excited to once again present its bi-annual Tribal Court Trial Skills College for tribal court practitioners.  
  
The Trial Skills College was an intensive, four-day session that provided practical, hands-on training for advocates to develop and refine the skills necessary to try cases in tribal court. The program culminated in a mock trial held on the last day. 
  
Held in May, twelve tribal court advocates from Arizona, New Mexico, Wyoming and Montana participated.  
  
Students praised the program for the guidance it provided them and the cameraderie experienced throughout the event. In addition to the classroom and simulated training received, the Trial Skills College provided the tribal court lay advocates with a rare opportunity to gather and share with others in similar positions at other tribal nations.  
  
ASU Law alumni served as trial consultants for the students and presented as members of the faculty on topics ranging from ethics to closing arguments including Landon Antelman (’11), Fernando J. Anzaldua (’13), Derrick Beetso(’10), Helen Burtis (’07), Jennifer Giff (’95), Ed Hermes (’13) and Ben Rundall(’14). The Honorable Anthony Hill (’06), Honorable Kaniatarí:io Jesse Gilbert(’07) and Kevin Pooley (’15) served as judges during the simulated trial.  
 
Other experienced litigators and judges who volunteered their service included Eric Dahlstrom, Louis Mallette, Sonia Martinez, Pilar Thomas, Jose Valles, and the Honorable Ida Wilber. 

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Helen Burtis (’07)
Faculty Associate, Indian Legal Clinic, ASU Law

Indigenizing the legal profession

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The ILP teamed up with its Native American Pathway to Law Initiative partners – University of California, Berkeley School of Law’s Admissions Office, Michigan State University College of Law’s Indigenous Law and Policy Center and Pre-Law Summer Institute, and American Indian Law Center, Inc. – and hosted its ninth annual Pathway to Law workshop at ASU Law. The program brought together 43 Native American students representing 30 tribes to learn about the law school admissions process, and tools and resources to support their law journey.  

Stacy Leeds, Willard H. Pedrick Dean and Regents Professor of Law, gave a warm welcome to the class, discussed brief Indian Law history, and shared her wisdom and tips. Patty Ferguson-Bohnee, ILP Faculty Director, also extended a hearty welcome to the students. 

Wenona Singel, Professor of Law and Associate Director of the Indigenous Law & Policy Center at Michigan State University (MSU Law) presented “Indigenizing the Legal Profession” and provided insight on Native American lawyers in the United States. 

Kristen Theis-Alvarez, Dean of Admissions and Financial Aid at Berkeley Law, provided her expertise in several panels covering the law school admissions timeline and how to create a strong application packet.

To empower the students, Native law professionals Diandra Benally (’05), Torey Dolan (’19), Joseph Flies-Away (’04), Michelle Fox, Kiyoko Patterson (’03) and Denten Robinson presented on a panel “Why we need more Native attorneys.” Law students Gabe Dowell (2L), Keely Driscoll (2L), Shandiin Herrera (2L), Maryam Salazar (3L) and Berkeley Law 2L Robin Martinez shared their current experiences in law school during the panel presentation “Our journeys, in our own voices.” Both panel sessions were moderated by attorney Jeremy Aliason. 

Simon Goldenberg (’17) and Cassondra Church discussed an overview of law school in their presentation “3 years in a Nut Shell.” 

“One of the first courses you’re going to take in law school is Property Law,” said Professor Trevor Reed in his mock class. “It’s a complicated subject because it’s all about ownership.” Students were given cases to read and prepare for Professor Reed’s class and learned about briefing the case and best argument.

ILP Executive Director Kate Rosier and Theis-Alvarez co-presented “Choosing where to apply.” 

Pathway ICT Kate interview

During the Pathway to Law Workshop, Rosier joined Indian Country Today and talked about the history of the Native American Pathway to Law Initiative and positive outcomes of the program. 

Rodina Cave Parnall, Executive Director of the American Indian Law Center presented on “Extending the pipeline: an intro to PLSI.”

Joseph Lindsay, Director of Admissions and Operations at Berkeley Law, presented “Financial aid: resources and considerations for Native law students.”

We appreciate all of the partners, ILP faculty, staff and alumni, attorneys and law students for supporting these motivated Native American students and their bright future.

This was the largest workshop to date, congratulations to the Pathway to Law national team: Cassondra Church and Wenona Singel, Indigenous Law & Policy Center, Michigan State University College of Law; Joseph Lindsay and Kristin Theis-Alvarez, Berkeley Law; Rodina Cave Parnall (’01), American Indian Law Center, Inc.; and Kate Rosier, ILP at ASU Law.

Spark Indigenous Joy

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The Federal Bar Association Indian Law conference is a unique time when law practitioners and advocates come together and have an in-depth discussions about the future of Indian Country. It is also a time when organizations that serve the same purpose gather to acknowledge and celebrate Indigenous excellence.

ASU Law’s ILP family met at Sandia Resort for its 23rd annual Alumni & Friends Awards Ceremony and Reception. It was a night full of heartfelt messages and success stories to celebrate this year’s award recipients. Rebecca Ross (’10) received the Alumni Service Award and Stephanie Sfiridis (’16) received the Emerging Leader Award.

Six ILP family presented at this year’s Federal Bar Association Indian Law Conference. On day 1, Faculty Associate Paul Spruhan presented on a panel “Protection of Tribal Sovereignty and Self-Determination Before the U.S. Supreme Court,” ILC Director Patty Ferguson-Bohnee and Liz La quen náay Medicine Crow (’05) presented on “Access to the Ballot Box: Protecting Native American Voting Rights.” On day 2, Jacqueline Bisille (’14) and Rani Williams (’18) presented on “Efforts to Address the Intergenerational Impacts of Federal Indian Boarding School Policies,”Sfiridis presented on a panel “Improving the Land into Trust Process and Best Practices for Tribal Realty and Land Use” and Linda Benally (’03) joined colleagues for a discussion about bias and improvement to support Native American women attorneys during the final presentation “Ethics Panel-Elimination of Bias.”

The National Native American Bar Association (NNABA) also held its annual meeting followed by its 50th Anniversary Celebration with ILP alumni serving on the board: Native Vote Fellow Torey Dolan (’19) as director and Sarah Crawford (’19) as secretary. Native Vote Fellow Blair Tarman-Toner (20’) is NNABA’s newly elected Young Lawyer Representative to the American Bar Association. 

Eight ILP students received the NNABA bar scholarship. Congratulations rising grads: Chad Edwards, Ashleigh Fixico, Brittany Habbart, Michael LaValley, Lena Neuner, Ravynn Nothstine, Autumn Shone and Chanel Simon.

Native American legal warriors and trailblazers shared their wisdom from the early days of Indian Law, inclusion disparity and the need to “uplift our law practice,” as said by Thomas Fredericks, first NNABA president. ILC Director Patty Ferguson-Bohnee , Linda Benally (’03) and Diandra Benally (’05) were recognized as past presidents of NNABA. The Honorable Diane Humetewa (’93) is one of the most recognizable faces in Indian Country for being the first Native American woman to sit on the federal bench. During her special address, Judge Humetewa reflected on her historic appointment and how she felt witnessing the confirmation of two Native American women to the federal bench: Judge Lauren King’s appointment in 2021 as Washington’s first Native American federal judge and Judge Sunshine Suzanne Sykes’ appointment in 2022 as California’s first Native American federal judge. 

“I know that Judge King and Judge Sykes are deeply committed to advancing opportunities for Indigenous law students and lawyers, and they each bring a meaningful voice to their respective district courts on which they sit. And I know through us, we hope that you see that pathways to judicial positions are actually possible.” 

Our Indian Law community is filled with extraordinary advocates who walk with a special vision and purpose, a responsibility that our ancestors tasked us with. We enjoyed seeing everyone and we look forward to elevating the successes of Native American representation in the law. 

ILP students compete in UCLA Moot Court

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ILP students Chad Edwards (3L), Samir Grover (2L), Ryan Maxey (3L) and Chanel Simon (3L) competed in the UCLA Williams Institute Moot Court Competition. The competition is the only moot court competition dedicated exclusively to gender and sexuality that involved competitors from across the country. Students prepared an appellate brief on the constitutionality of a hypothetical ban on conversion therapy and gender affirming care under the first and fourteenth amendments. On March 11, ILP teams had the opportunity to argue both sides of the issue at UCLA.

“Being involved with a moot court competition provides a complementary experience to law school classes,” said Simon. “I would recommend future ILP and NALSA students to participate in the competition because it gives you the chance to apply your writing and public speaking skills, while also learning how to improve those skills with feedback from professors, classmates, and volunteer judges. Moot court competitions also provide the opportunity to travel and meet law students from across the country.”

Thank you to our coaches, Faculty Director Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19) and Blair Tarman-Toner (’21), and volunteer judges for helping them prepare.

Water rights case discussion

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On March 14, NALSA and the American Constitution Society co-hosted a lecture discussion on the U.S. Supreme Court case Arizona v. Navajo Nation. Both Director Derrick Beetso (’10) and Heather Whiteman Runs Him, director of the Tribal Justice Clinic at the University of Arizona, worked with their respective teams and filed an amicus brief in support of the Supreme Court case.

Beetso and the Indian Legal Clinic recently filed an amicus brief on behalf of the Diné Hataałii Association. The brief gives a human identity because it gives an understanding of who the people are. Whiteman Runs Him, with her team, also filed an amicus brief that focuses on the United States v. Winters decision of 1908 on behalf of tribal governments, the National Congress of American Indians (NCAI), the Affiliated Tribes of Northwest Indians and the San Luis Rey Indian Water Authority. 

Whiteman Runs Him explains the legal framework of the Winters case: “when the United States sets aside and reserves land for a permanent homeland for an Indian Tribe, like it did in the Treaty with the Navajo Nation, there’s an implied reservation of enough water, sufficient amount of water, to fulfill the purposes of that reservation. Based on that purpose for which the Navajo Nation reservation was set aside, there should be some affirmative duty on the U.S. to take meaningful actions to secure that water and bring that water to a point where the Navajo Nation can use it, rely on it and build on it. And that has not happened.”

ASU Indian Legal Clinic filed Amicus Brief

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On Feb. 8, the Indian Legal Clinic (ILC) filed an amicus brief on behalf of the Diné Hataałii Association in Arizona v. Navajo Nation. The U.S. Supreme Court will hear arguments on Monday, March 20, 2023. Congratulations to ILC Faculty Director Patty Ferguson-Bohnee, Director Derrick Beetso (’10) and ILP students Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L) and Chelsi Tsosie (2L) for their efforts in drafting the brief. We also appreciate Law Fellow Honore Callingham (’18) for her assistance in preparing the brief for filing.

The brief informs the Court on traditional Diné principles that support the Navajo Nation’s position. The team is humbled the Hataałiis, as the stewards of this sacred knowledge, entrusted the Indian Legal Clinic to represent their interest, and hope the brief helps the Court better understand the Navajo Nation’s treaties with the United States and how the Navajo signatories would have understood them.

“As a Diné law student, this case pertains to an issue that affects my family, my home, and my culture,” said Chelsi. “Knowing that and having the opportunity to assist in preparing an amicus brief that conveys the Diné perspective − the way we view the world and natural law around us − to the Court is an experience that will stay with me forever.” 

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.

Empowering democracy

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Navajo Nation Presidential Debate led by Navajo students at ASU Law

On Oct. 22, the W. P. Carey Armstrong Great Hall was filled with tribal citizens eager to hear from the two final candidates running for President of the Navajo Nation: current President Jonathan Nez and Dr. Buu Nygren. Director Derrick Beetso (’10) moderated the proceedings while Navajo students and staff announced the questions submitted by the public. 

Outstanding work by our ILP students and staff: Program Coordinator Theresa Beaulieu, Beetso, Shandiin Herrera (1L), ILC Law Fellow Cierra Moore (’22), Natalia Sells (2L), Autumn Shone (3L), Chelsi Tsosie (1L) and Senior Program Coordinator Danielle Williams.

We understand the importance of tribal elections and hosting this event gave Arizona’s urban Navajo voters an opportunity to learn about the candidates and their platforms. The ILP has a special scholarship agreement with the Navajo Nation, which offers full tuition scholarship to Navajo students. Currently we have six Navajo students enrolled at ASU Law. If you know of any prospective Navajo student interested in this awesome scholarship opportunity, reach out to us at ilp@asu.edu.