November 16, 2007
Law Firms and Legal Affairs November 2007
Laws across nations
ASU\u2019s Indian Legal Program trains lawyers to practice on and off the reservation
By Debra Utacia Krol, Arizona Capitol Times correspondent<\/p>\n
Myriad laws govern the intersection of American Indian tribes with the rest of the nation.
Among other issues, Indian law touches on land, water and environment, business and family. Gaming has become a hot topic, and many attorneys\u2019 billable hours involve gaming ordinances and policies.<\/p>\n
As tribal governments grow ever more sophisticated, experts on understanding the interaction of tribes with other governmental entities is paramount. More and more tribes and tribal members are doing business with non-Indian firms, making commercial codes, dispute resolution and contract law a must with Indian law attorneys.<\/p>\n
Attorneys whose practice takes them into dealings with both tribal governments and individual Indians must have a firm grasp on not just federal, state and local laws, but on tribal ordinances. But where can attorneys and law students acquire the expertise necessary to navigate the maze of tribal, state and federal laws? They turn to schools like Arizona State University\u2019s Indian Legal Program, headquartered at the Sandra Day O\u2019Connor School of Law.<\/p>\n
The program was established in 1988 to train attorneys in Indian law, assisting them in understanding how tribal laws differ from federal and state law \u2013 and how they resemble each other\u2019s systems. Its mission includes providing legal education and public service to tribal governments, and helping support tribes in policy development. As one of the nation\u2019s largest, the program provides its students with both a firm foundation in Indian law and a wealth of practical work experience.<\/p>\n
\u201cAs people learn more about tribes and with all the economic development growth in Indian Country, the field of Indian law grows,\u201d says Kathlene Rosier, the program\u2019s director. \u201cIt\u2019s exciting to see it grow. We see more and more people coming to do business on reservations, and it\u2019s important to know how legal systems interact.\u201d Rosier, a Comanche whose last position was tribal prosecutor for the Gila River Indian Community, oversees the program, which trains 10 to 15 native law students from the United States, Canada and Mexico and a number of non-Indians who sign up for the program\u2019s Indian law certificate each year.<\/p>\n
The school also holds a number of conferences, such as one in 2008 on the effects of 20 years under the Indian Gaming Regulatory Act, which in 1988 paved the way for tribal casinos in Arizona and other states.<\/p>\n
Students in the program can develop their tribal law portfolios in several ways. In addition to ASU\u2019s law degree, students can earn an Indian Law Certificate. The master of law, or L.L.M., degree in tribal law and government provides those who already have a juris doctorate (JD) or equivalent with an opportunity to increase their skills and knowledge specifically in the area of Indian law. For those who do not wish to practice law, but have a need or interest in tribal law, the master of legal studies or M.L.S. program provides students with the basics of law while allowing them to choose from elective classes to gain the tribal law knowledge they desire.<\/p>\n
Attracting top talent
The school has also attracted some stellar academic talent. Professor Paul Bender is a well-known figure in Arizona jurisprudence. Bender, who has argued two dozen cases before the U.S. Supreme Court, is the dean emeritus of the law school.<\/p>\n
Indian Legal Program Executive Director Rebecca Tsosie is acknowledged as one of Indian Country\u2019s top attorneys. Tsosie, a Yaqui, is also an acclaimed legal scholar who serves as a Supreme Court justice for several tribal court systems. Tsosie has written and published widely on doctrinal and theoretical issues related to tribal sovereignty, environmental policy and cultural rights.<\/p>\n
Professor Robert Clinton has co-authored several casebooks and articles on Indian law, including casebooks on Indian law and federal courts, and \u201cThe Handbook of Federal Indian Law\u201d and \u201cColonial and American Indian Treaties: a Collection.\u201d<\/p>\n
Professor Kevin Gover, former Bureau of Indian Affairs head and a Pawnee, is headed back to Washington to take the reins of the National Museum of the American Indian. However, Rosier notes that he\u2019s still associated with the law school, and will be back in town for the Indian Gaming Regulatory Act conference.<\/p>\n
The program\u2019s 100-plus alumni provide another valuable resource. Ranging from attorneys in private practice to the Arizona Governor\u2019s Office and the U.S. Senate Committee on Indian Affairs, program graduates are making their mark in tribal law.<\/p>\n
Beyond book learning
Then there\u2019s the Indian Legal Clinic, where students gain the practical experience that books just can\u2019t supply. Patty Ferguson-Bohnee has only served as the director since June, but is already busy with her students and caseload. \u201cLearning can be in a vacuum,\u201d says Ferguson-Bohnee, a member of Louisiana\u2019s Pointe-au-Chien Tribe. \u201cIndian law touches every area of life. The clinic allows students to go out in the community and see how what you do impacts the community and the people in that community.\u201d<\/p>\n
The clinic accepts cases in any court that are related to tribal, state or federal Indian law, and is open to all law students. \u201cWe have students who are interested in Indian law but do not intend to practice Indian law full time,\u201d says Ferguson-Bohnee. \u201cThey find our courses and clinic very helpful.\u201d<\/p>\n
In fact, the only limitation on the clinic\u2019s caseload is the physical distance of the court from ASU\u2019s Tempe campus, which is why the majority of cases accepted are local, says Ferguson-Bohnee. \u201cBut they will travel for big cases.\u201d Clients don\u2019t even have to be from an Arizona tribe.
\u201cUrban Indians living in the Phoenix area also have legal issues related to Indian law,\u201d she says. Cases may range from child custody and Indian Child Welfare Act cases, to helping draft policy documents for tribal, state or federal governments.<\/p>\n
Revamping Indian probate
One big issue that Ferguson-Bohnee\u2019s team and the entire Indian Legal Program is tackling: probate. With recent changes to federal Indian probate laws, including the requirement that any Indian who owns allotted property within reservation borders have a written will to prevent further \u201cfractionation\u201d of land, Indian law practitioners are learning how to address the new policies and provide support to tribes in rewriting probate ordinances.<\/p>\n
Students\u2019 motivations vary, but all appear to have a passion for the law. Nikki Borchardt, a member of the Southern Paiute Tribe of Utah, has a background in ethnography, but she always knew she was headed for law school: \u201cMy aunt was the tribal chairwoman,\u201d says Borchardt, a second-year student. \u201cI knew there was a need for lawyers.\u201d She pushed to keep her grades high to ensure entry into a good school. \u201cI worked as an ethnographer and archaeologist\u201d before going to law school, she says. Borchardt intends to someday return to cultural resources work.
\u201cThis is just the next step,\u201d she says. \u201cWe\u2019re starting to see how Indian law impacts every aspect of life.\u201d Borchardt also praises the active role the program\u2019s alumni play in helping students with networking and support.<\/p>\n
Raymond Campbell of the Gila River Indian Community decided he didn\u2019t want to work in a lab and opted for law. \u201cMy undergrad is in biochemistry,\u201d the second-year student says. \u201cI served an internship in the U.S. Senate Finance Committee and decided on law instead. I\u2019m interested in marrying science and technology to the practice of law.\u201d<\/p>\n
Mary Modrich-Alvarado, Jicarilla Apache\/Mayan, decided on ASU because it was close to her New Mexico home. The third-year student who has a business degree was undecided what to do after graduation. \u201cI was talking with my sister, guessing what to do next and we started talking about law,\u201d says Modrich-Alvarado, who also intends to actively practice after finishing her degree.<\/p>\n
Dreams of a Navajo Nation-based law firm
Jerome Clark leaves his wife and two children at home to make the five-hour drive from Gallup, N.M. each week to attend law school. Clark, a Navajo, already has an MBA but decided he needed more tools to spark economic development. \u201cI wanted to evaluate how our Navajo laws interact with economic development concepts, how the Navajo Nation works.\u201d<\/p>\n
Clark hopes to use his legal education to help resolve underlying issues, such as land use policies to build a strong, sustainable economic base in his home. \u201cMy goal is to practice at least two or three years and then open a practice in the Navajo Nation.\u201d<\/p>\n
In order to practice at Navajo, however, Clark, a third-year student will have to jump through some unique hoops. \u201cI\u2019m going to take the Arizona, New Mexico and Navajo Nation bar exams,\u201d he says. Clark also wants to help change the perception many people still have about tribal courts. \u201cNavajo Nation\u2019s judiciary is independent,\u201d he says. \u201cWe\u2019re not new to the game.
\u201cBut some businesses are deterred from coming to the Navajo Nation because they are reluctant to be subject to Navajo Nation courts if a dispute arises. If we can show people how evolved our court system is and how our contract law is similar to theirs, it may help attract more off-reservation business.\u201d<\/p>\n
The field of Indian law is growing across the nation. More than 15 other universities offer Indian law certificates or have legal programs geared to tribal law. Two states \u2013 New Mexico and Washington \u2013 now have Indian law questions on their bar exams. Arizona\u2019s Indian law practitioners would also like to see tribal law placed on the Arizona bar exam, and the Native American Bar Association is working toward that goal.<\/p>\n
\u201cWith over 560 tribes in the U.S., and people just want to learn more about them,\u201d says Rosier, the Indian Legal Program\u2019s director \u201cIt\u2019s exciting for us because the more people who know about how tribal laws work, the better.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
November 16, 2007Law Firms and Legal Affairs November 2007Laws across nationsASU\u2019s Indian Legal Program trains lawyers to practice on and off the reservationBy Debra Utacia Krol, Arizona Capitol Times correspondent Myriad laws govern the intersection of American Indian tribes with … Continue reading