Business Today news named three of your ILP family in “Highlighting 10 Top Influential Native American Law Lawyers in Arizona 2023.” Congratulations to ILP Advisory Council Member Judith Dworkin, ILC Director Patty Ferguson-Bohnee and Professor Pilar Thomas!
For their expertise in Indian Law at Sacks Tierney, attorneys Dworkin, Ferguson-Bohnee and Roxann Gallagher (’02) were also recognized by Chambers and Partners in the 2023 USA edition.
Court Solicitor (244326) – Window Rock, AZ
District Court Clerk (909557) – Tuba City, AZ
District Court Clerk (909563) – Kayenta, AZ
District Court Clerk (240815) – Shiprock, NM
District Court Clerk (112557) – Window Rock, AZ
District Court Clerk (209528) – Window Rock, AZ
District Court Clerk (209534) – Window Rock, AZ
Staff Attorney (240874) – Aneth, UT
Staff Attorney (234987) – Kayenta, AZ
Staff Attorney (211848) – Tuba City, AZ
Associate Justice * (209546) – Window Rock, AZ
District Court Judge * (00000) – District Court, Navajo Nation Wide
For full list of job announcements, go to Judicial Branch of the Navajo Nation.
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
PHOENIX, Ariz. – The Department of Justice today announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people.
“This new program mobilizes the Justice Department’s resources to combat the crisis of Missing or Murdered Indigenous Persons, which has shattered the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland. “The Justice Department will continue to accelerate our efforts, in partnership with Tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families.”
“These new positions represent the Justice Department’s continuing commitment to addressing the MMIP crisis with urgency and all of the tools at our disposal,” said Deputy Attorney General Lisa O. Monaco. “MMIP prosecutors and coordinators will work with partners across jurisdictions and alongside the Tribal communities who have been most devastated by this epidemic.”
“Vindicating the rights of missing and murdered indigenous persons and their families is a top priority for our office,” said United States Attorney Gary Restaino. “As home to 22 federally-recognized tribes, this District has been thinking about — and working on — this issue for several years. It is a complex issue, with no easy solution. Hosting an MMIP coordinator for the Region will allow us to dedicate even more resources to this important issue.”
The MMIP regional outreach program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to United States Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons also issued in July 2022.
The program will dedicate five MMIP Assistant U.S. Attorneys and five MMIP coordinators to provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions, and MMIP personnel will be located within host United States Attorneys’ offices in the Districts of Alaska, Arizona, Eastern Washington, Minnesota, New Mexico, Northern Oklahoma, Oregon, South Dakota, and Western Michigan. Programmatic support will be provided by the MMIP Regional Outreach Program Coordinator at the Executive Office for United States Attorneys.
“The Executive Office for United States Attorneys and the United States Attorney community are committed to preventing and responding to cases of missing or murdered Indigenous people. To that end, we will work together with all relevant federal, Tribal, state, and local law enforcement partners to locate missing persons and solve crimes where they have occurred,” said Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson. “This new program will allow the Department to build upon the work done by individual United States Attorneys’ offices and ensure continued support to those offices by coordinating outreach regionally on MMIP matters.”
More broadly, this MMIP program will complement the work of the Justice Department’s National Native American Outreach Services Liaison, who is helping amplify the voices of crime victims in Indian country and their families as they navigate the federal criminal justice system. Further, the MMIP program will liaise with and enhance the work of the Department’s Tribal Liaisons and Indian Country Assistant United States Attorneys throughout Indian Country, the Native American Issues Coordinator, and the National Indian Country Training Initiative Coordinator to ensure a comprehensive response to MMIP.
RELEASE NUMBER: 2023-098_MMIP Regional Outreach Program
For more information on the U.S. Attorney’s Office, District of Arizona, visit: Justice.gov/AZ
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Public Affairs Officer: Diana L. Varela (diana.varela@usdoj.gov)
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.”
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.
On May 8, the Appellate Advocacy class visited the Arizona Court of Appeals and the chambers of Judge David Gass (JD ’94). Students had the opportunity to speak with Judge Gass and Judge Andrew Jacobs about the law, their future aspirations, and working in the judiciary. While in Appellate Advocacy, the students had the opportunity to practice their oral arguments before Judge Gass. Judge Gass provided feedback to students based on his experiences on the bench and from having presided over many appellate oral arguments.
ASU Law students enrolled in the Appellate Advocacy class develop oral and written advocacy skills with the short-term goal of participating in the National Native American Law Students Association Moot Court Competition. The long-term goal is to familiarize students with appellate advocacy through the stages of legal research, writing, and oral argument with emphasis on appellate advocacy for Tribal clients on Federal Indian law or Tribal law issues.
This year’s class included Chad Edwards (2L), Ashleigh Fixicio (3L), Noah Goldenberg (3L), Samir Grover (2L), Clayton Kinsey (2L), Ryan Maxey (3L), Autumn Shone (3L) and Chanel Simon (3L).
Thank you to Judge Gass and Judge Jacobs for taking the time to work with our students, teach them about the Arizona court of Appeals, and show them around the court.
The Arizona Native Vote Election Protection Project (the Project), as part of its work with ASU Law’s Indian Legal Clinic (ILC), focused on preparing for the 2022 midterm elections. ILC Director and Clinical Professor of Law Patty Ferguson-Bohnee and Native Vote Fellows Torey Dolan (’19), Blair Tarman-Toner (’21) and student attorneys worked on several issues: legislative tracking, community outreach, revisions to the Elections Procedures Manual, litigation and election protection.
The ILC coordinated with Tribes, counties and voting rights organizations leading up to the 2022 elections. The Inter Tribal Council of Arizona (ITCA) hosted monthly strategy sessions bringing together these stakeholders to talk about ongoing democracy issues in Arizona. The Project regularly presented at these meetings on issues of proposed legislation, litigation, election results and data on voter engagement and access in Arizona Tribal communities.
Fellows Tarman-Toner and Dolan were active participants in other community coalitions including the Arizona Voting Rights Coalition, the Native American Voting Rights Coalition, the Arizona Election Advocacy Group, and Election Protection Arizona.
In March 2023, Ferguson-Bohnee was appointed by Governor Katie Hobbs to serve on the Governor’s Bipartisan Elections Task Force. The task force was created pursuant to Executive Order 2023-03 with the task of studying and making recommendations to strengthen election laws, policies, and procedures in the state of Arizona.
On April 17, Ferguson-Bohnee presented at the Federal Bar Association’s Indian Law Conference on the state of Native American Voting Rights. Ferguson-Bohnee spoke about the recent legislation passed in Arizona impacting voting rights, ongoing litigation and the Arizona Native Vote Election Protection Project’s 2022 program.
ILC Director Patty Ferguson-Bohnee, Dolan, and Tarman-Toner responded to reports of a polling location in rural Pinal County that opened nearly four hours late on Election Day during the primaries. The ILC, along with the Lawyers’ Committee, filed a complaint and application for temporary restraining order on behalf of the Arizona Democracy Resource Center and Rural Arizona Engagement. The complaint sought declaratory and injunctive relief requesting that Pinal County extend the hours of operation in light of the delayed opening. Despite acknowledging the violation of law by failing to open for four hours thereby denying equal voting time for the voters in that precinct, the County failed to act. While the Court recognized that the harm was not de minimis, the Court failed to grant any relief. During the General Election, Arizona Native Vote Election Protection volunteers reported polling locations in Apache County that failed to open on time on Election Day. The ILC worked with the ACLU and Navajo Nation to file a complaint and application for temporary restraining order on behalf of the Navajo Nation, and the Court extended the time for the polling locations in Apache County to remain open.
The Arizona Native Vote Election Protection Project – Ferguson-Bohnee, Dolan, Tarman-Toner and ILC student attorneys Chad Edwards (3L), Brittany Habbart (3L), Michael LaValley (3L), Mallory Moore (3L), and Ruben Zendejas (3L), Autumn Shone (3L) and its partners – operated its Native Vote Election Protection Hotline throughout the early voting period and on Election Day during the 2022 Primary and General elections. In addition to operating the hotline for the General Election, the Project had 66 Election Protection Volunteers stationed at multiple polling locations across 9 Tribal communities. Review more in the ILP blog post: Your vote, your voice.
ILC student attorneys Moore and Shone led and conducted two training sessions for volunteers. After completing her final semester, Moore enjoyed working with the Project. “It was honestly one of the most difficult, time consuming, and rewarding things I have done in law school,” said she said. “I am so grateful to have had this opportunity because I feel like it was a great way to learn and grow as a person.”
“Thank you to Torey Dolan and Blair Tarman-Toner for answering every silly question I had about Native Vote and NNALSA Moot Court,” said Shone.
The Arizona Native Vote Election Protection Project joined its voting partners to prepare comments, analysis and recommendations to the Secretary of State’s office on the proposed Election Procedures Manual (EPM). The EPM is a comprehensive source of law on the administration of state and federal elections in Arizona. The Project commented on the 2021 proposed EPM drafted by then Secretary of State Katie Hobbs and is similarly preparing comments for now Secretary of State Adrian Fontes.
During the Spring 2023 Semester, the ILC, including Student Attorney Kristina Major (2L) began to focus on planning for the 2024 Election Cycle. The Clinic will continue to work with its partners throughout the summer to plan for the next election cycle.
Indian Legal Clinic Director Patty Ferguson-Bohnee serves as a member of the Arizona Supreme Court Commission on Diversity, Equality and Justice. For the past few years, the Committee has hosted Legal Futures for high school students with an interest in the law to provide an opportunity for young students to interact with judges, attorneys, and other legal professionals and learn about the legal profession and pathways to the bench.
This year, it was the first collaboration between the Arizona Supreme Court and a Tribal Nation’s Court to host a “Legal Futures: Setting the Stage for Your Legal Career” in Indian Country. Ferguson-Bohnee with ILP alumni — Michael Bennett (’16), attorney for the Navajo Nation, Kris Beecher (’20), attorney at Dickinson Wright PLLC, Verrin Kewenvoyouma (’04), majority owner and managing partner of Kewenvoyouma Law, PLLC, — traveled to the Navajo Nation and shared their journey to law. Students learned that about different areas of law: government workers to court staff, private business to law firms, and quasi to utilities, water and universities.
From the American Bar Association, 2022
Native Americans are underrepresented within the law but the most affected by the law. Learning opportunities like these events empower, expose and engage Native American high school students. Young adults, whose minds are at a developmental stage in their life, can learn from current Native American professionals, who are also every day relatives and grew up on tribal lands.
Collaborations like these are important and we look forward to hosting more events. We extend our appreciation to the Navajo Nation District Court in Tuba City. Thank you to our awesome ILP alumni crew – Verrin, Kris, and Michael – for spending time with the students.
The mission of the Indian Gaming and Tribal Self-Governance programs (the Programs) at ASU Law is to equip professionals with a background in federal Indian law through meaningful learning experiences, career development and exploration. This year, 25 enrolled students actively engaged in focused curriculum in Indian Gaming, Tribal Self-Governance or Federal Indian Law or Tribal Policy, Law and Government taught by Director Derrick Beetso (’10), Professor Michael Hoenig, Professor Jay Spaan and Professor Paul Spruhan.
In August, to kick-off the academic semester, the Programs hosted the webinar “Indian Gaming in Texas: A Discussion About a Recent Supreme Court Victory.” Beetso joined attorneys Brant Martin, counsel for Ysleta Del Sur Pueblo, and Fred Petti, counsel for the Alabama-Coushatta Tribe of Texas, to discuss the recent 5-4 victory for the Ysleta Del Sur Pueblo in a pivotal gaming dispute with the State of Texas before the United States Supreme Court.
In October, Beetso taught the Indian Legal Program’s (ILP) traveling class Federal Advocacy for the Tribal Client in Washington, DC. The class, held over the fall semester break, introduced 17 students to how federal Indian policy is shaped, moved, and implemented inside the Beltway. Students visited key offices and federal officials during their week in D.C., and local practitioners were gracious enough with their time and stopped by ASU’s Barrett and O’Connor Washington Center to share some practice tips. The fast-paced week ended with an amazing conversation between the students and ASU ILP alumni working in D.C.
On Oct. 22, the Programs helped support the democracy and self-governance of the Navajo Nation by moderating a presidential candidate debate in the W. P. Carey Armstrong Great Hall between the two final candidates running for President of the Navajo Nation: then-President Jonathan Nez and current President Dr. Buu Nygren. Beetso moderated the proceedings while Diné students and staff announced the questions submitted by the public. Many Navajo citizens living in the Phoenix-area attended this event and appreciated the law school’s support for Navajo democracy.
For Indian Legal Clinic Director and Associate Dean of Inclusive Excellence, Patty Ferguson-Bohnee, Beetso, and several ILP students – Clayton Kinsey (2L), Maryam Salazar (2L), Natalia Sells (2L), and Chelsi Tsosie (2L) – the holiday season was synonymous with Indian water rights. Together, the team of Sun Devils filed an amicus brief on behalf of the Diné Hataałii Association in the U.S. Supreme Court case Arizona v. Navajo Nation. This effort required lots of research and writing in a short period of time, as well as visits to the Navajo Nation to discuss the case and the brief’s approach with the Diné Hataałii Association, Inc.
Beetso co-presented with Heather Whiteman Runs Him, director of the Tribal Justice Clinic at the University of Arizona, for a water rights discussion hosted by ASU’s Native American Law Student’s Association and the American Constitution Society that provided an overview of the Supreme Court case.
While teaching Indian Gaming iCourse, Faculty Associate Michael Hoenig was appointed as the new Vice President, Associate General Counsel – Gaming for San Manuel Band of Mission Indians.
“Indian Gaming law is a rather complicated subject,” said recent online MLS graduate Edward Morris (’23). “Professor Hoenig somehow made all of this make sense. Indian Gaming II continued an exploration of the subject matter began in Indian Gaming I. Whereas Indian Gaming I was more of a survey course, in Indian Gaming II we were able to get ‘into the weeds’ of the topic. Specifics of auditing requirements and management contractual issues featured but we also delved into environmental laws and even regulatory efforts related to human trafficking. Professor Hoenig was perhaps the most professional of any of the excellent professors I’ve had at ASU. His opinions never entered the equation. This definitely was a course of law, not politics. That’s important because gambling as a topic and as an industry is very controversial, and the course could have developed in a different way.”
During the spring semester, Beetso had the opportunity to teach his first full-time courses: Indian Gaming and Indian Law and Taxation. “The opportunity to teach these classes hopefully provided more targeted education for our students in these niche areas of practice,” said Beetso. “A strong understanding of Indian gaming law and tax law and policy as applied to Indian tribes can go a long way for future attorneys working on behalf of tribal governments.”
For 2L Maryam Salazar, she liked the hands-on, practical approach to learning. The class toured the Desert Diamond Casino, an enterprise owned by the Tohono O’odham Nation in Glendale, Arizona.
“Having the opportunity to ask the gaming staff our questions, from the executive director to the machine technical staff, was really cool,” said Salazar. “I don’t think I’d get an opportunity like that outside of this class and I really took a lot away from it. Learning more about sports betting was the most interesting part of the trip for me.”
Visiting law student Morgan Gray recounts her first day of Indian Gaming class. “I recall Professor Beetso taking the time to ask me about myself, my interests, and my desire to spend a semester visiting ASU,” said Gray. “This simple gesture may not seem extraordinary to those familiar with the Indian Legal Program, but to a visiting student like me it left a lasting impact. Since then, Professor Beetso has offered me helpful advice, words of encouragement, and initiated connections with other professionals in his network currently working on projects of interest to me. While my experience is in no way unique (given that he provides each of his students such guidance and support) it is simply a testament to his commitment to help support and guide the next generation of advocates committed to serving tribal communities. I consider myself fortunate to have had the opportunity to learn from an advocate and educator as passionate and dedicated to serving his community as Professor Beetso.”
Paul Spruhan, ASU Law’s Faculty Associate and Assistant Attorney General for the Navajo Nation Department of Justice, published his article “Tribal Labor and Employment Law: The Evolution of the Navajo Preference in Employment Act” in the Arizona Attorney Magazine. ASU online learners enrolled in his “Civil Jurisdiction in Indian Country” class, learned about what laws and regulations apply to civil conduct within Indian country. “I obtained perspective and an appreciation for the work he does for the Navajo,” said online MLS student Randy Bouchard. “His teaching method is incredibly engaging. He is a demonstrative lecturer, which leads to humor and engagement with the class.”
With a variety of offerings each year at ASU Law, the Programs offers both online or in-person curriculum. Every week leading up to her graduation, MLS student Mariam Valenzuela joined her online classes from Barrow, Alaska.
She enjoyed both classes – Tribal Self Governance I and Tribal Self Governance II – instructed by Faculty Associate Jay Spaan, Executive Director of the Self-Governance Communication & Education Tribal Consortium. “I appreciate being taught by a Native professor about Indian topics,” said Valenzuela. “Professor Spaan is responsive, easy to understand, and knowledgeable about initiating tribal self-governance. He provides a perspective that encourages self-governance for the betterment of tribes and looks beyond agency barriers for solutions. My experience in Professor Spaans class has been valuable. The material taught in the Indian Legal Program is so relevant to tribes today that I have already applied what I have learned within my community. Quyanaq (Thank you) ILP for offering a Tribal Self Governance course!”
Finally, the spring semester marked the inaugural Yuhaaviatam of San Manual Externship Program. This paid externship program was made possible by the generous support of the Yuhaaviatam of San Manuel Nation and is intended to provide Native law students the opportunity to seek their ideal externship placements without worrying about whether they will be financially compensated by the employer. The first-year cohort included several recent graduates of the ILP: Chad Edwards, Brittany Habbart, Lena Neuner and Ravynn Nothstine. We looked forward to helping provide similar externship opportunities for our students in the near future.
This year, we recently graduated nine students representing 7 tribes: 8 MLS students and 1 LLM student. These students focused on Federal Indian Law, Indian Gaming and Sports Law and Indian Self-Governance. We are proud of our newly minted alums and congratulate them on their successes. This celebratory occasion was the perfect capstone to a great academic year.
All in all, the 2022-2023 academic year was full of productive and meaningful experiences and the Programs thanks the ASU Law community for its unwavering support.
The Indian Legal Clinic continued its estate planning outreach for tribal citizens by providing five wills clinics over the 2022-2023 academic year. Clinic students assisted clients with the preparation of Indian wills and powers of attorney that conform to the requirements of federal, tribal, and state law. This year, they traveled five times and served four Tribal communities: the Pechanga Band of Indians in Temecula Valley in September and March, the Quechan Indian Tribe in Winterhaven, California in December, the Mashantucket Pequot Tribal Nation in Mashantucket, Connecticut in March, and the Gila River Indian Community in Lower San Tan Village, Arizona in March.
Because the hours are long, students are usually tired by the end but also filled with a sense of accomplishment from handling what are often their first clients.
“One of my clients thought she wouldn’t be able to make certain critical decisions, but I was able to help her settle on what she wanted,” said student attorney Sukhleen Bahl (3L). “She was very happy when she left with a completed will and health care power of attorney.”
Tribal clients are also usually very happy to have a settled estate plan, sometimes first in their family to have one. They share their positive experience with family and friends, thus creating increased demand for the students’ estate planning services.
11 students over the two semesters drafted 60 wills and 56 health care powers of attorney. Students during the fall semester – Samir Grover (2L), Erin Jenkins (2L), Courtney Kamauoha (3L), Molly Lathrop (3L), Julia Weiss (2L) and Joe Wilwerding (2L) – drafted 28 wills and 29 powers of attorney. Spring semester students – Sukhleen Bal (3L), Sierra Porritt (2L), Devorah Kalani (LLM), Christina Bustamante (2L), Hannah Dunham (3L) and returning veterans Kamauoha and Lathrop – drafted 32 wills and 27 powers of attorney.
In addition to helping clients with their estate plans through wills clinics, students also handle probate and estate administration cases. These are cases that are heard in Tribal court, before the Office of Hearing and Appeals (for AIPRA cases), and in State court. While assisting with their clients’ estate needs, student attorneys are exposed to a variety of issues: assisting a client with becoming a personal representative so the client can settle a loved one’s estate, helping a family distribute estate property in a way that is in keeping with the family’s cultural values versus the state’s intestacy plan, protecting inheritance rights, and settling claims with creditors.
“The wills clinics opened my eyes to the large need for those who know how to draft Indian wills to keep Native lands in the hands of the people to which they belong,” said Courtney Kamauoha (3L).
Enrolled in the Indian Wills and Probate clinic, ILP student Samir Grover (2L) enjoyed Professor Burtis’s class that he found intellectually challenging and motivating. “The client experience was incredibly rewarding and provided me with practical knowledge,” said Grover. “Professor Burtis ensures that the class sessions provide a baseline in Indian Law, Estates, and its interaction with AIPRA. She makes sure that student attorneys are fully prepared to meet with clients for drafting wills and we approach every case with not just knowledge but understanding on how to effectively interact and understandingly interact with clients, mostly elders, when helping them through a really significant and important process in advising them and drafting Indian Wills. My favorite part of the class was travelling to Pechanga and Quechan and meeting some amazing clients that it felt so gratifying to help in creating wills and ensuring their estates are protected according to their wishes. The Indian Wills Clinic is such a gratifying and cool opportunity that ASU Law and the Indian Legal Program offers. You really are making an impact and some really hands on experience, with the perk of travel.”
By providing an important service to tribal citizens who often have difficulty finding someone to represent them with estates that can encompass the three jurisdictions, students gain meaningful experience, a sense of purpose, and an opportunity to work in a variety of circumstances.