2023-2024 ILC Wills and Probate recap

Posted on June 5, 2024 by dwilliams

The Indian Legal Clinic Wills and Probate continued estate planning for tribal citizens led by Professor Helen Burtis (’07) for the Fall 2023 semester. Clinic students Abigail Dood, Isabel Ramos, Kyle Bycroft, Michael Cunningham, Peyton Liang and Tori Stoldorf, plus returning students Christina Bustamante and Sierra Porritt assisted clients with the preparation of Indian wills and powers of attorney that conform to the requirements of federal, tribal and state law. The ILC students offered Wills and Estate Planning clinics for three Tribes: the Gila River Indian Community, the Pechanga Band of Indians and the Quechan Indian Tribe. The ILC partnered with Native Health Phoenix and hosted two seminars about estate planning and probate basics.

Two ILP students made a difference in Indian Country during Spring Break by participating in the Gila River Indian Community Estate Planning Event. First-year law students Sam Phillips (1L) and Colten Fredericks (1L) spent the week learning about estate planning and the American Indian Probate Reform Act before working with tribal citizens on wills and health care powers of attorney.

“I chose ASU specifically because it was important to me to have opportunities to serve Native communities while I was still in school,” said Phillips. “Even then, I thought I’d have to wait until my second year for experiential learning and providing legal services. The estate planning program gave me that opportunity much sooner than expected and gave me a better understanding of how overlooked some basic needs are in our communities. Being welcomed by the local Tribe and trusted with helping to protect an elder’s wishes was a very meaningful experience that taught me more than I expected. I’m very thankful to the Indian Legal Program for creating these opportunities and I look forward to serving with the estate planning program again in the future.”

In May, Burtis addressed tribal sovereignty as a panelist at the Arizona State Bar’s annual Advanced Probate seminar on Arizona and Tribal Probate law. ILP alums Chief Judge Anthony Hill (‘06) and Colin Bradley (‘14) were co-panelists.

This spring, Burtis presented on sessions on Advanced Care Planning for the Inter Tribal Council of Arizona’s Area Agency on Aging and the Gila River Indian Community’s Community Development Department. These sessions train caregivers and staff who work with caregivers about how health care powers of attorneys, advanced directives, financial powers of attorneys and last wills and testaments can help their clientele. Professor Burtis will present to both organizations again this summer.

2023-2024 Native Vote recap

Posted on June 5, 2024 by dwilliams

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.

ASU Law students sworn into local Tribal Court

Posted on March 18, 2024 by dwilliams

On Jan. 29, Professor Patty Ferguson-Bohnee and Indian Legal Clinic students Keely Driscoll (2L), Samir Grover (3L) and Chelsi Tsosie (3L) traveled to the Gila River Indian Community Courthouse in Sacaton, Arizona. Students were sworn into the Gila River Community Court by Chief Judge Anthony Hill (’06). Judge Charles Aragon led an informative tour during which the students met other judges and staff.

While touring the facility, students met GRIC prosecutors Ammon Orr (’16) and Carleton Giff.

As a first-time student attorney, Grover and Driscoll recently appeared before the Ak-Chin Indian Community Court in Maricopa, Arizona for hearings on behalf of clients.

“It gives me an opportunity to apply skills I have learned and engage in meaningful work that helps real people,” said Grover. “It also gives me an advantage once I actually become a lawyer. I am glad I got my first time representing a client at arraignment over with. Also, meeting with the client in-person prior to the arraignment and going over plea options was surreal. I felt like I’m finally engaging in the type of work I envisioned myself doing, especially by representing a client in the Ak-Chin Indian Community Court.”

“Practicing in a tribal courtroom during law school has brought so much meaning to the concepts, rules and advice I’ve learned in classes so far,” said Tsosie. “I think because of that, I’m going to enter my future career as a more effective advocate than I would have without it. Not only that, the experience of observing Ak-Chin Indian Community implement its sovereignty through its court system was insightful. I’m thankful the Indian Legal Clinic has provided this opportunity to work with clients in a real impactful way.”

We appreciate the Gila River Indian Community Courthouse and Ak-Chin Indian Community Court for providing our law students with practical training to become effective advocates for justice.

Pathway to Law alum: Morgan Oakes

Posted on March 8, 2024 by dwilliams

Morgan Oakes
Saint Regis Mohawk
Pathway to Law Workshop ’21
Pre-Law Summer Institute ’22
JD candidate ’25, Indian Legal Program, Sandra Day O’Connor College of Law, Arizona State University

What information did you find most important in the Workshop (i.e. LSAT prep, personal statement building, etc) and why?
Kate was very informative during the workshop and it provided me with pertinent information about the law school application process.

Would you recommend students interested in law to attend the Workshop?
I would recommend students interested in law to attend the Workshop, especially because it provides reimbursement for LSAT prep classes.

Do you have any tips for prospective students?
My tip for incoming law students is to start studying for the LSAT early, a year out was ideal for me.

Pathway to Law alum: Robin Bilagody

Posted on March 8, 2024 by dwilliams

Robin Bilagody
Gila River Indian Community
Pathway to Law Workshop ’19
Pre-Law Summer Institute ’21
JD candidate ’24, Michigan State University College of Law

What was your experience with the Pathway to Law Workshop?
Overall, Pathway to Law is an amazing experience that provides valuable advice to Native students on how to prepare and approach the law school application cycle. Additionally, the law professors, deans and attorneys share their advice on everything from choosing the right law school to helpful tips on ways to succeed in law school, especially during the first year. Moreover, the PTL staff and volunteers are all extremely supportive and encouraging.

What information did you find most important in the Workshop (i.e. LSAT prep, personal statement building, etc) and why?
I found the LSAT prep and personal statement building the most helpful. The LSAT prep portion introduced me to the actual LSAT and how challenging it can be, as well as the various prep programs that can be very useful in helping to increase my score. The personal statement building guided me on ways to begin my statement that would be useful for the application cycle. During the personal statement building, we received one-on-one feedback on our statement from admissions staff. Even after the workshop, I was fortunate to receive assistance from a law professor who provided me with endless support and feedback on my personal statement and the application process.

Would you recommend students interested in law to attend the Workshop?
Yes, I would highly recommend students interested in law to attend the workshop, especially Native students. This workshop is such a valuable resource in educating and guiding prospective students on the daunting law school application process.

Do you have any tips for prospective students?
Attend the workshop and see if this is something you would like to pursue. If so, I highly recommend the Pre-Law Summer Institute, which is another amazing program for Native students interested in law school. These two programs are useful resources that are specifically structured to help Native law students succeed in law school and once we all enter the legal field. Remember your reasons for pursuing a law degree and stay motivated in the face of challenges, especially as Native people because we all deserve to be in these spaces.

Native American Pathway to Law Initiative: Student Success Stories

Posted on March 7, 2024 by dwilliams

The Native American Pathway to Law team is excited to host a five-day Pathway to Law Workshop from June 5–9 at the University of California, Berkeley School of Law in Berkeley, California. This workshop offers resources, application review, LSAT preparation, financing information and more—all in a non-recruitment environment. We encourage aspiring law students to participate in this free workshop.

Five law students share their experiences of how the Pathway Way to Law Workshop solidified their decision to go to law school and provided the tools necessary to strengthen their admissions application.

Eldred D. Lesansee, Pathway to Law Workshop ’19
Ashlee Fox, Pathway to Law Workshop ’20
Geoffrey Bacon, Pathway to Law Workshop ’19
Robin Bilagody, Pathway to Law Workshop ’19
Morgan Oakes, Pathway to Law Workshop ’21

Their success ensures that future Native American students can grow up seeing someone who looks like them and embody the power of possibility for the future of Indian Country.

We welcome any aspiring law students to apply at: law.asu.edu/pathwaytolaw

Application deadline is March 15.

Pathway to Law alum: Geoffrey Bacon

Posted on March 6, 2024 by dwilliams

Geoffrey Bacon
Denaakk’e Athabaskan, a member of the Native Village of Tanana
Pathway to Law participant ’19
Pre-Law Summer Institute ’20
JD ’23, University of California, Berkeley School of Law

In 2019, the Pathway to Law workshop helped me with my first case: persuade a law school to accept me. The personal feedback I received on my personal statement was priceless. Additionally, PTL demystified the application process, and gave me the confidence to know I had a competitive application even if I did not score a perfect LSAT. PTL also helped me understand the cost of attending law school. After experiencing paying student loans, my tip for prospective students is to control expenses where you can. Coffee from a pot helps you study as well as the $7 latte from the school cafe. Apply for every scholarship for which you are eligible. But most importantly, remember your family and friends who love and support you.

Pathway to Law alum: Ashlee Fox

Posted on March 5, 2024 by dwilliams

Ashlee Fox
Cherokee Nation
Pathway to Law participant ’20
Pre-Law Summer Institute ’22
JD candidate ’25, Yale Law School

What was your experience with the Pathway to Law Workshop?
Like many other Native law students, I knew little about the law school admissions process before I attended the Pathway to Law workshop. The Pathway to Law workshop was an invaluable resource for me when I decided to apply to law school. The mentors, the community, and the information that Pathway to Law provided allowed me to understand the law school application process. Dean Kate Rosier was instrumental in supporting me on my journey to law school—no matter whether I eventually chose to attend law school. I am forever indebted to her for being an encouraging and supportive voice throughout the application process.

What information did you find most important in the Workshop (i.e. LSAT prep, personal statement building, etc) and why?
A: Every aspect of the Workshop was helpful, but I especially appreciated the personal statement building component and the mentorship component. I am grateful for Pathway to Law’s commitment to investing in the next generation of Native attorneys.

Would you recommend students interested in law to attend the Workshop?
Native students should take advantage of the wealth of resources provided by the Pathway to Law workshop. It is a resource we are fortunate to have, made possible by Native lawyers who care about training the next generation to defend tribal sovereignty and strengthen their tribal nations.

Do you have any tips for prospective students?
Take advantage of the mentorship and support Pathway to Law provides not only during the workshop, but beyond.

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

Posted on February 21, 2024 by dwilliams

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

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:

Hon. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov
Matthew Ramirez, Immediate Past Chairperson, Indian Law Section
Matthewramirez530@gmail.com

Indian Legal Clinic offers rights restoration to the Hopi Tribe

Posted on December 21, 2023 by Indian Legal Program

On Nov. 30, the Indian Legal Clinic (ILC) partnered with the Hopi Tribe and hosted a Rights Restoration Workshop to offer free legal assistance with restoring civil rights after a felony conviction. Student attorneys Maryam Salazar (3L), Clayton Kinsey (3L) and Natalia Sells (3L) traveled with Director Patty Ferguson-Bohnee and Democracy Director Joel Edman to Kykotsmovi Village, Arizona on the Hopi Reservation to meet with the Hopi Chairman, Timothy Nuvangyaoma, and other tribal members to present information on rights restoration. During the workshop, the student attorneys presented information on the rights restoration process for single and multiple felonies, marijuana expungement and the set aside process.

“It was an enriching experience to go out to the Hopi reservation and have their tribal leaders really engage with the information we were sharing, including how they could implement it into their tribal community programs,” said Natalia.

In Arizona, if a person is convicted of a felony, they automatically lose certain civil rights. These include: the right to vote, to hold public office, to serve on a jury and to possess a firearm.

Native populations are disproportionately impacted by these punitive laws due to being overrepresented in the criminal justice system. Arizona has more restrictive felony disfranchisement laws than 40 other states, according to the American Civil Liberties Union of Arizona (ACLU) of Arizona. The Sentencing Project reported Arizona disenfranchised over 5% of the voting population in 2022, almost half of those disenfranchised had completely served their sentence.

The ILC remains dedicated to supporting citizens’ equal opportunity to vote.

“It’s insane to see how much rights restoration workshops are needed in the community and how many people would benefit from having their rights restored who may or may not know they need it,” said Natalia.

“This experience was great because it allowed us to apply what we learned in the classroom setting to the real world, especially in tribal communities. Working with real clients shows the impact our legal education can have in our own communities.”

We look forward to future community partnership events and appreciate the Hopi Tribe for hosting the Rights Restoration Workshop.

For more information, please contact Joel Edman at jedman@asu.edu. If you need your rights restored in Arizona, please submit this form.

____
Honore Callingham (’18)
Law Fellow, Indian Legal Clinic, ASU Law