Navajo Law Seminar

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Navajo Law Seminar
Reflections from Within and Without
November 9, 2007
Navajo Nation Museum
Highway 64 and Loop Road
Window Rock, AZ 86515


In Celebration of the 25th Anniversary of the Navajo Nation Department of Justice and Sutin Thayer & Browne’s 10th Annual Navajo Law Seminar.

Sponsored by: The Navajo Nation Department of Justice, Sutin Thayer & Browne, the University of New Mexico School of Law and the Sandra Day O’Connor College of Law at Arizona State University College of Law.

AGENDA

8:30 – 8:45 Welcome

8:45 – 10:15 Fundamental Law of the Dine (1.5 Navajo Law or Navajo Ethics) (1.5 state general)
MODERATOR Christine Zuni Cruz
PANELISTS
1. Former Justice Ray Austin (UNM will find transcriber)
2. Herb Yazzie
3. Johnson Dennison

10:30 – 12:00 Navajo Nation Department of Justice: 25 Years of In-House Legal Counsel, Reflections from within and without (1.5 Navajo Law or Navajo Ethics) (1.5 state ethics)
MODERATOR Helen Padilla
PANELISTS
1. Louis Denetsosie
2. Pilar Thomas
3. Brad Downes

12:00 – 1:15 LUNCH

1:00 – 2:30 Dine Membership, Identity, and Self-Determination: 21st Century Challenges for the Navajo Nation (1.5 hours Navajo Law) (1.5 state general)
MODERATOR Kip Bobroff
PANELISTS
1. Paul Spruhan
2. Kevin Gover
3. Yolanda Begay
4. Phil Bluehouse

3:00 – 4:30 – BREAK OUT A & B (1.5 hours of Navajo law) (1.5 state general)
A. Navajo Employment Law
MODERATOR Bidtah Becker
PANELISTS
1. Regina Holyan
2. Lee Bergen
3. David Jordan

B. Navajo Nation Sovereign Immunity
MODERATOR Christina West
PANELISTS
1. Luralene Tapahe
2. Ron Rosier
3. Anne Brown

CLE CREDIT – This program has been submitted to the Navajo Nation Bar Association for a total of 6 hours of CLE Credit, 2 hours of which may be applied to Navajo ethics. NNBA will decide the actual number of credit hours that can be earned at the seminar. This program is pending with with State Bar of New Mexico for a total of 6 hours of general credit, 2 hours of which may be applied to ethics. The semnar will be submitted to the State Bar of Utah for CLE credits. This course may qualify for up to 6 hours, including 3 hours of ethics credit, toward your annual CLE requirement for the State Bar of Arizona. The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Registration: $110 per person on or before October 26, 2007. After October 26, 2007 or at the door $125.

Make Checks payable to: Sutin Thayer & Browne Attn: Navajo Law Seminar PO Box 1945, Albuquerque, NM 87103 Fax: (505) 855-9588

For more information contact: Tara Maestas at (505) 883-3396

Only 22 More Days to Register! NALSA GOLF

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Announcing the
2nd Annual ASU NALSA Golf Tournament
Sponsored by the
Native American Law Students Association
Sandra Day O’Connor College of Law
Arizona State University

Date: Saturday, November 3rd, 2007

Time: 7:30 AM Shotgun Start

Place: The Foothills Golf Club, Awahtukee (Phx), AZCourse info: ttp://www.thefoothillsgc.com/

Entry Fee: $100 per player

Fee includes: Lunch, green fees, cart, range balls and 1 raffle ticket

Format: Men, Women, and Coed (Scramble format). Teams consist of 4 players but all golfers are welcomed and entries with less than 4 players will be consolidated into teams of 4.

Contests: Longest drive, closest to the pin, putting contest, raffle, and skins (side bets).

Prizes: Championship and runner up prizes to Men’s, Women’s, and Co-ed divisions.

Deadline: Entries will be limited to the first paid 100 golfers. Paid entries must be recieved on or before Wednesday, October 24th, 2007 (No exceptions). ASU NALSA will adhere to this strict deadline in order to facilitate scheduling with the golf course.

Please see attached sign up form for payment.For more info, contact: JC at clarkEjerome32@yahoo.com

In addition, NALSA recognizes there could be non-golfers who would like to contribute. There is an opportunity for hole sponsorship. Golf hole sponsorships are $100 per hole or if you’d like to sponsor current NALSA members who play golf, please contact JC at the e-mail address above.

NABA Happy Hour!

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THE NATIVE AMERICAN BAR ASSOCIATION OF ARIZONA (NABA-AZ)
WOULD LIKE TO INVITE YOU TO A HAPPY HOUR!

WHERE: Macayo’s — 300 South Ash Avenue, Tempe
WHEN: October 25, 2007
TIME: 5:30 p.m. — 7:30 p.m.

Please attend this mixer to learn about the organization and meet the members of NABA-AZ.
Hope to see you there!!

Please RSVP to Jenny Braybrooke at jbraybro@fclaw.com or 602-916-5247 by October 18th

Article by Tsosie

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Rebecca Tsosie and Joan McGregor were Guest Editors of the The Symposium issue of The Journal of Law, Medicine & Ethics. Professor Tsosie’s article “Cultural Challenges to Biotechnology: Native American Genetic Resources and the Concept of Cultural Harm”
Volume 35:3, P. 396, Fall 2007 is featured in the Journal.

Professor Clinton presents at AALS

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Professor Robert Clinton will present at the Association of American Law Schools Annual Meeting in January 2008. The theme of this year’s AALS meeting is “Reassessing our Roles as Scholars and Educators in Light of Change.” Clinton’s presentation is part of the Joint AALS and Conference of Chief Justices Workshop on the Courts: Independence and Accountability. His panel is titled “Concepts of Independence and Accountability.”

Tribal Energy in the Northwest

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This two-day conference on Tribal Energy in the Northwest, October 22 & 23, in Seattle, WA, will discuss recent developments in federal policies, new state initiatives and expanding opportunities for energy development in Indian country.

Featuring a special address on “Federal Tribal Energy Policies and Their Implications for the Pacific Northwest” from A. David Lester, Esq., Executive Director, Council of Energy Resource Tribes, this program will address:
Updates on federal tribal energy policies
State energy policy goals and the role of the Tribes
Renewable energy opportunities and challenges on tribal lands
Transmission issues for tribal generation and utility projects
Business structures for tribal energy projects
What makes a tribal energy project attractive to investors
Financing tribal energy projects
Due diligence and environmental compliance issues
A to-do list for starting a tribal utility
And more!

You can register here
What: Tribal Energy in the Northwest
When: October 22 & 23, 2007
Where: Seattle, WA (Red Lion Hotel)
Details: Tribal Energy in the Northwest Conference or call us at (800) 854-8009

Program Chairs: Sharon I. Haensly, Esq. of Williams Kastner & Gibbs PLLC and J.D. Williams, Esq. of Law Office of JD Williams

JOB: In House Attorney for the Crow Tribe of Indians

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JOB ADVERTISEMENT
CROW TRIBE OF INDIANS
CROW AGENCY, MT

In-House Attorney

The Crow Tribe of Indians is currently accepting applications for a full-time in-house attorney position.

Description: The successful applicant will be responsible for juvenile prosecution and Indian Child Welfare Act matters on behalf of the Crow Tribe, and will be expected to divide her/his time as appropriate to cover the caseload in each respective area. S/he will represent the Tribe in all juvenile proceedings involving juvenile offenses, and in all Indian Child Welfare Act cases in which the Tribe has an interest.

Duties include practice in tribal and state courtrooms arguing motions, trying cases to judges and juries, as well as occasionally arguing special actions and appeals; participating in teleconference and telephonic hearings as required; performing job-related legal research in appropriate areas of law, including pre-trial motion practice through appellate arguments; drafting legal documents for all stages of caseload; participation in plea negotiations and pre-trial discovery with opposing counsel; review and analysis of statutes and caselaw pertaining to criminal law and procedure and Indian Child Welfare Act and any relevant tribal codes; training and supervision of others as required; and other related duties as assigned or required.

Minimum Qualifications
A Juris Doctorate (JD) degree from an accredited law school;
Admitted to practice in the State of Montana and a member in good standing of the Montana Bar;
Willing to sit for the next available administration of the Crow Tribal Bar Exam;
Prior legal experience in the areas of Indian Child Welfare Act casework and juvenile prosecution;
Understanding of and inherent respect for Crow Tribal history and culture;
Working knowledge of the Federal Rules of Evidence;
Demonstrated knowledge of Federal Rules of Criminal Procedure and surrounding caselaw;
Demonstrated knowledge of Federal Indian Law;
Ability to work efficiently in a bilingual courtroom setting; proficiency in the Crow language is desirable but not required;
Willing to sit for and ability to pass a criminal background check;
No felony convictions and no serious misdemeanor convictions within the past five years;
Must pass a pre-employment drug test;
Commitment to tribal sovereignty and Indian self determination;

Salary: DOE

Preference in filling vacancies is given to qualified Crow Tribal members, and to qualified members of federally recognized Indian tribes.

Interested individuals should submit a letter of interest, resume, and three (3) references to: Crow Tribe Human Resources Department, PO Box 159, Crow Agency, MT 59022 AND to: Office of Executive Counsel – Crow Tribe, Crow Agency, Montana 59022. Questions should be directed to Heather Whiteman Runs Him at the Office of Executive Counsel at (406) 638-2059, or emailed to heatherw@crownations.net. Position open until filled.

Recent Decision – Navajo v. US

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Yesterday, the US Court of Appeals for the Federal Circuit issued a decision finding that “the [Navajo] Nation has a cognizable money-mandating claim against the United States for the alleged breaches of trust and that the government breached its trust duties.” The Navajo Nation v. US., no. 2006-5059, slip op. at 38 (Fed. Cir. Sept. 13, 2007). The Nation claimed that the US breached its trust to the Nation by leasing land to the Peabody Coal Mining Co. The Court evaluated whether the purposes of an asserted network of statutes and regulations support a finding of a trust relationship between the Nation and the government that is “money-mandating” under the Indian Tucker Act, 28 USC 1505, and found that the law supported a fair inference of the existence of a trust relationship under the Act. The facts presented a finding that this trust relationship was breached. http://www.fedcir.gov/opinions/06-5059.pdf

Fifteen Attorneys Chosen for Inaugural Bar Leadership Program

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Congratulations to the ILP’s
Steve Bodmer (’06) and Leta Hollon (’05)!

Fifteen Attorneys Chosen for Inaugural Bar Leadership Program
PHOENIX — September 11, 2007

The State Bar of Arizona has named 15 attorneys to its inaugural Bar Leadership Institute, a one-year program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys.

The attorneys participating in the inaugural class are:

Jesus Acosta, Laveen
Leonard Aragon, Phoenix
Jocquese Blackwell, Tucson
Steve Bodmer, Mesa
Jennifer Espino, Sells
Nathan Fidel, Phoenix
Leta Hollon, Flagstaff
Wendy Kim, Phoenix
Patricia Madsen, Phoenix
Leticia Marquez, Tucson
Toysha Martin, Phoenix
Marie Martinez, Nogales
Kate Pierce, Florence
K Royal, Tempe
Bryce Suzuki, Phoenix

Beginning this weekend through May 2008, the attorneys will attend monthly programs in leadership, ethics and career development.

Program topics include “What Does it Take to be a Leader,” “Improving Your Legal Practice” and “Practicing Law in the Public vs. Private Sector.” Throughout the year, participants will also have the opportunity to meet with judges, Congressional representatives, lobbyists and in-house counsel to experience the diversity of the legal profession.

“We hope the Leadership Institute increases participation and visibility in the State Bar and community-at-large among historically under-represented groups,” says Daniel J. McAuliffe, president of the State Bar.

Following completion of the first year, participants must commit to one year of participation in a State Bar committee or section and/or another bar association or community organization.