Diane Enos: Canby Lecture 2/17

The Second Annual
William C. Canby Lecture

presented by the Indian Legal Program

"Tribal Governance and Individual Rights: the Delicate Balance of Power and Alarm"

Diane Enos, President
Salt River Pima-Maricopa Indian Community

Tuesday, February 17, 2009
4:30 p.m.
Great Hall, Armstrong Hall
Sandra Day O'Connor College of Law

Diane Enos is the 23rd President of the Salt River Pima-Maricopa Indian Community and the second woman elected to this office. She is the daughter of Naomi and Johnson Enos, and the great granddaughter of Jose Anton, one of the leaders for the Pima communities at the time of the Indian Reorganization Act.

As a trailblazer for the community, President Enos became the first member of the Salt River Indian Community to become a lawyer. As a Senior Trial Attorney, Enos practiced in the Maricopa County Public Defender’s Office for 11 years.

Enos has spent her entire professional life in community service, is dedicated to promoting education for the Salt River Pima-Maricopa people and in creating new opportunities for traditional O’odham (Pima) and Piipaash (Maricopa) life to flourish within the Community.

She avidly supports small business and believes that tribal government has a responsibility to plan for development by creating synergies so all Community members can share in the financial gain. In the near future, she hopes to encourage more small business owners to become vendors, employers and “vision-creators” for the Salt River Pima-Maricopa Indian Community to enhance the social, economic and cultural foundation of the Community.

Prior to being elected President, Enos served on the Council for the Salt River Pima-Maricopa Indian Community for sixteen years serving four terms. She was first elected to Council while a second-year law student at Arizona State University. She became interested in law and politics while working as a news reporter, covering the proposed Pima Freeway for the “Scottsdale Progress” newspaper.

Enos graduated law school in 1992, becoming a member of the Arizona State Bar the same year. After graduating law school, she worked at a small Phoenix law firm and practiced primarily immigration and civil law. She had also graduated cum laude with a bachelor’s degree in Fine Arts from ASU and planned to pursue a career as an artist. Five of her paintings hang in the Sacaton hospital on the Gila River Indian Community, and in New York and Maine.

Currently, in her position as President, Enos also serves as the Chair of the Maricopa County Association of Governments Domestic Violence Committee, member of the Tribal Justice Advisory Group to the U.S. Department of Justice Tribal Justice Programs, is a member of the Executive Committee for the Intertribal Council of Arizona, and Secretary for the Executive Committee of the Arizona Indian Gaming Association.

JOB: Native Public Media

Policy Analyst for Native Public Media

CONSULTANT TITLE: Policy Analyst

Summary Statement and Job Description:
The Native Public Media (“NPM”) Policy Analyst (“PA”) will carry out analysis, drafting of key policy position statements and assist client-driven research. The PA will also track policy and legal/legislative developments; assess strategic options for NPM; participate in policy related project evaluation and development; analyze the development and implementation policy-related projects; manage and write reports and other documents (internal, client-related, and publications); and assist client to prepare for hill visits, meetings with the Federal Communications Commission (“FCC” or “Commission”) or Congressional leaders.

The PA will work directly with the NPM Executive Director on strategic planning, management of client work products, policy related projects, report development, and other responsibilities as assigned.

Subject areas encompass FCC rulemakings, Congressional legislation, testimony, briefings, brown papers, and other policy initiatives.

Minimum Job Qualifications:
Graduate degree in public policy or Indian law. Familiarity and experience in one or more of the following areas: Federal Communications Commission policy, Communications policy, Indian policy, Media policy and Telecommunications policy.
Superior research, writing, and analytical skills.
Strong computer literacy.
Ability to assume initiative, work independently, and work as part of a team.

To Apply:
Consultant will be on a month retainer. Resumes may be sent to jobs@nativepublicmedia.org. Electronic submissions are preferred. Closing date is February 13, 2009.

Native Public Media
Native Public Media (NPM) promotes healthy, engaged, independent Native communities by strengthening and expanding Native American media capacity and by empowering a strong, proud Native American voice. More information about NPM, a project of the National Federation of Community Broadcasters, can be found at www.nativepublicmedia.org.

JOB: Gila River Law Office

JOB ANNOUNCEMENT

ASSISTANT GENERAL COUNSEL
$82,830 per annum (DOE)

DEPARTMENT NAME AND NUMBER RECRUITMENT OPENS AND CLOSES
Law Office 2009-154 January 22, 2009 to February 4, 2009
(Location: Governance Center, 525 W. Access Rd., Sacaton)


DISTINGUISHING FEATURES OF THE CLASS:
The Assistant General Counsel assists the General Counsel in providing legal advice and legal representation to the Gila River Indian Community.

ESSENTIAL FUNCTIONS:
· Assist the General Counsel and Deputy General Counsel in advertising and representing the Community in any and all legal matters in Tribal, State and Federal Courts and/or provide assistance on legal matters and act as Special Counsel to the Pima-Maricopa Irrigation Project (P-MIP_.
· Prosecute criminal cases in Tribal Court to specifically include interviewing complainants, preparing and processing complaints and prosecuting criminal trials.
· Represent the Community in child welfare cases, including dependency, abuse, and neglect actions in Tribal Court, and the Indian Child Welfare Act cases in State Court.
· Represent the Community in civil court cases as necessary.
· Advise Community officials, departments and committees concerning legal matters.
· Assist the Legislative Committee in revising and codifying the laws and ordinances of the Community.
· Draft and review contracts, documents for the Community and Economic Development projects and transactions.
· Perform other related duties as assigned.

REQUIRED KNOWLEDGE, SKILL AND ABILITY:
· Considerable knowledge of the principles of jurisprudence;
· Working knowledge of Arizona revised statutes;
· Working knowledge of United State code and case law;
· Considerable working knowledge of the United States Congressional legislative process, federal policy and federal legislation affecting Indian Tribes;
· Ability to conduct independent legal research and to develop logical conclusions and recommendations based upon existing law and valid precedent;
· Ability to express ideas clearly, orally and in writing;
· Ability to establish and maintain effective working relationships with other employees, Community Officials and the general public;
· Ability to perform all physical requirements of the position; agree to maintain a Drug-free workplace.

REQUIRED EXPERIENCE AND TRAINING:
Graduate of an accredited law school with a Juris Doctorate degree and member in good standing, of the State Bar of Arizona or willing to take the next scheduled Arizona Bar Examination.

ADDITIONAL REQUIREMENT:
Valid state driver’s license with proof of driving record for the past 39 months will be required to qualify for a tribal driving permit. Proof of driving record must be submitted with application.

OVERTIME STATUS: Salaried
SUPERVISORY STATUS: Non-Supervisory
Reports to General Counsel or Designee

Preference in filling vacancies is given to qualified Indian candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Section 472 and 473). The Gila River Indian Community is also committed to achieving the full and equal opportunity without discrimination because of Race, Religion, Color, Sex, National Origin, Politics, Marital Status, Physical Handicap, Age or Sexual Orientation. In other than the above, the Gila River Indian Community is an Equal Opportunity Employer.

If you are claiming Preference Points in one or more of the following categories please attach a copy of the required documentation to the completed Employment Application.

· Six (6) preference points for Community Members (with proof of enrollment)
· Three (3) preference points for Native Americans (must meet membership requirement of an established Tribe)
· One (1) preference point for Spouse of Community Member (with proof of spouse enrollment)
· One (1) preference point for Veteran (must meet statutory requirements)

DEADLINE: Employment Applications are available at all District Service Centers, the Human Resources Department and online at www.gilariver.org. Employment Applications must be received in the Human Resources Department by 5:00 pm on the closing date.

TO AVOID DELAYS, APPLICATIONS CAN BE MAILED OR FAXED TO:
Gila River Indian Community, Human Resources Department
Post Office Box 97
Sacaton, Arizona 85247
Fax: (520) 562-9809

2nd Annual NABA-AZ Golf Tournament

2nd Annual NABA-AZ Golf Tournament

March 22, 2009 at 1:00 p.m.

Course Information:
Whirlwind Golf Club
5692 W. North Loop Rd.
Chandler, Arizona, 85226
(480) 940- 1500

Our Purpose:
With the cost of tuition rising each year, Native law students are finding it increasingly difficult to afford law school. The financial burdens of law school can prevent and delay legal education of many Native American law students who often are supporting their families while pursuing their law degrees. That is why, starting in 2008, NABA-AZ proudly began its efforts to assist Native law students in Arizona with managing the burden of the increasingly high cost of tuition. In March 2008, NABA-AZ held the first annual golf tournament benefiting Native law students. Our first event was a great success, drawing more than 72 golfers and raising enough money to provide book scholarships to needy Native law students! With your support at our 2nd Annual Tournament we believe we can provide more students with even more substantial financial assistance towards educations costs.

For More Information Contact:
Steve Bodmer
Phone: (480) 889-8990
E-mail: sbodmer@rosettelaw.com

or

Sheri Freemont
Phone: (480) 362-5412
E-mail: sheri.freemont@srpmic-nsn.gov

FEES:

Foursome: $500, Individual $125.00

Entry fee includes:
green fees, cart, a "Closest to the Pin "and "Long Drive" entry, and dinner.
Four-Person scramble format.

MAIL REGISTRATION FORM AND CHECK PAYABLE TO NABA-AZ
C/O Steve Bodmer
565 W. Chandler Blvd #212
Chandler, AZ 85225

Professor Clinton - Encyclopedia and Hualapai Court of Appeals

Bob Clinton contributed two essays to the Encyclopedia of the Supreme Court of the United States: one on Marbury v. Madison and the other on Mandatory Jurisdiction.

Professor Clinton is now an Associate Justice for the Hualapai Tribe Court of Appeals. He also on the following courts: Chief Justice, Winnebago Supreme Court; Associate Justice, Cheyenne River Sioux Tribal Court of Appeals; and Associate Justice, Colorado River Indian Tribes Court of Appeal

Rebecca Tsosie - AALS and San Carlos Court of Appeals

I am pleased to announce that the Association of American Law schools has appointed Rebecca Tsosie to a three year term on the Association's Committee on Recruitment and Retention of Minority Law Teachers and Students. This is obviously an extraordinary important committee, and I think it helps the College of Law to have visibility within AALS. I am therefore grateful for Rebecca's participation and I congratulate her on this honor.

Rebecca is being sworn in on Jan. 30 as a new Court of Appeals Judge for the San Carlos Tribal Court of Appeals, San Carlos Apache Tribe, San Carlos, Arizona. Congratulations Rebecca!

NABA-AZ CLE

Please RSVP to Jenny Braybrooke at Fennemore Craig.


NATIVE AMERICAN BAR ASSOCIATION OF ARIZONA EDUCATIONAL PROGRAM

TOPIC: An Insider's View: “California v. Cabazon Band of Mission Indians” - The Indian Gaming Regulatory Act of 1988 was adopted by Congress in direct response to the U.S. Supreme Court’s 1987 decision in California v. Cabazon Band of Mission Indians. In Cabazon, the Court held that California could not prohibit or regulate tribal gaming activities within that State. Glenn Feldman, a shareholder at Mariscal Weeks, represented the Cabazon Band in that case. His presentation will include both an interesting perspective on the judicial history of Indian gaming as well as taped segments of the Supreme Court argument in the Cabazon case.

SPEAKER: Glenn Feldman, Mariscal Weeks
DATE / TIME: FRIDAY, FEBRUARY 20, 2009 AT 12:00 P.M.,
REGISTRATION AT 11:30 A.M. (Lunch will be provided)
LOCATION: FENNEMORE CRAIG, 3003 North Central Avenue, Suite 2600, Phoenix
COST: $10.00 NABA-AZ Members $15.00 Non-NABA-AZ Members

Please make checks payable to NABA-AZ and mail to Fennemore Craig, 3003 N. Central Avenue, #2600, Phoenix, AZ 85012 Attn: Jenny Braybrooke

** MAY QUALIFY FOR UP TO 1 HR CLE CREDIT**

RSVP by MONDAY, February 16, 2009.
You can RSVP by : Mail: Fennemore Craig, Attn: Jenny Braybrooke, 3003 N. Central Avenue, Suite 2600, Phoenix, AZ 85012 Phone: 602-916-5247 Fax: 602-916-5691 E-mail: jbraybro@fclaw.com

REGISTRATION / RSVP:__________I will attend the NABA-AZ CLE Program (enclosed is my check for $10 NABA-AZ Member or $15 Non-NABA-AZ Member)NAME____________________________________

NABA Announcements

NABA-AZ UPDATES.Job Announcement. Attached is a job announcement regarding an open position for Pima County Juvenile Court Commissioner. The job closes on February 6, 2009 at 5:00 pm. If interested, please apply early.

Native Health. Attached is a Native Health Thank You note for the NABA-AZ holiday donation drive. The drive was a huge success!

Golf Tournament. Just a reminder, the 2nd Annual NABA-AZ Golf Tournament is scheduled for March 22, 2009. If your firm is interested in being a sponsor at the golf tournament or if you are interested in golfing, please contact Steve Bodmer (sbodmer@rosettelaw.com) or Sheri Freemont (sheri.freemont@srpmic-nsn.gov).

Membership. If you haven't done so, please renew your membership. If we do not receive your 2009 membership application and dues by January 31, 2009, you will no longer receive the NABA-AZ announcements.

CLE. Please mark your calendars! On February 20, 2009, Glenn Feldman will share with us his perspective on the judicial history of Indian gaming and discuss his role in representing the Cabazon Band of Mission Indians in the historic Supreme Court decision, California v. Cabazon Band of Mission Indians. The presentation will be from 12:00 -1:00 at the offices of Fennemore Craig, 3003 N. Central Avenue, Suite 2600, Phoenix. Lunch will be provided. $10.00 for NABA members and $15.00 non-NABA members. Please RSVP to Jenny Braybrooke (jbraybro@fclaw.com) by February 16, 2009.

Thanks!
Kerry K. Patterson Fennemore Craig, P.C.3003 North Central Avenue, Suite 2600 Phoenix, AZ 85012-2913Tel: 602.916.5491 Fax: 602.916.5691

ICWA Case from AZ Supreme Court

VALERIE M. v ADES et al

http://www.supreme.state.az.us/opin/pdf2009/CV080252PR.pdf

Indian Law Section Mixer

The Indian Law Section Cordially Invites You To
An Attorney Student Mixer


WHO: Judges, Attorneys, Advocates who represent Tribes or work in the field of Indian or Indigenous Law, professors, and law and LLM students.

WHAT: Free food and beverages with opportunities to network.

WHEN: Thursday, January 22 beginning at 5:00 p.m.

WHERE: The Law Offices of Quigley & Whitehill PLC
2730 E. Broadway, Suite 160
Tucson, AZ 85716

RSVP your attendance to:
April Olson at: april.olson@gric.nsn.us; or
Amy Courson at: ACourson@Stricklandlaw.net, or
520.795.8727

You could find a job opportunity, meet your new associate, catch up on legal happenings, or pick up writing competition information that wins you a scholarship! Don’t miss the fun.

Please RSVP by Tuesday, January 20.

JOB: Gila River Indian Community

JOB ANNOUNCEMENT

PROSECUTOR III
$75,161 per annum (DOE)

DEPARTMENT NAME AND NUMBER RECRUITMENT OPENS AND CLOSES

Law Office/Criminal Division 2009-136 January 12, 2009 to January 16, 2009
(Location: 151 S. Bluebird Rd., Sacaton)


DISTINGUISHING FEATURES OF THE CLASS:
The Prosecutor III represents the Community in the litigation of the more complex criminal complaints, enforcement of the civil code, mental health proceedings, etc. and works with the US Attorney’s Office to ensure serious crimes are federally prosecuted. The Prosecutor III will assist in training of the junior prosecuting attorneys.

ESSENTIAL FUNCTIONS:
· Represent the Community in special prosecutions, high profile cases, complex criminal complaints, civil code enforcement (i.e., trespassing, environmental, archeological, etc.,), mental health cases, and matters of special public interest.
· Represent the Community in multidisciplinary meetings with the US Attorney’s Office to ensure serious crimes are federally prosecuted.
· Conduct legal research, analysis and document production related to the litigation of criminal and civil cases in the Community courts.
· Draft legal pleadings for the Community in criminal and civil cases.
· Gather and analyze evidence in criminal and civil cases.
· Maintain case files, calendars and databases for criminal and civil cases.
· Assist in the development, revision and modification of the Community’s laws, resolutions and ordinances.
· Represent the Community at meetings, court proceedings and other functions.
· Perform other related duties as assigned.

REQUIRED KNOWLEDGE, SKILL AND ABILITY:
· Knowledge of civil and criminal law, procedure and appellate process;
· Considerable knowledge of and experience in application of principles of jurisprudence and legal analysis, including a background in and knowledge of Federal Indian Law;
· Considerable knowledge of Tribal and non-Tribal criminal law, the Arizona Revised Statues, the United States Code and case law;
· Extensive experience with and knowledge of tribal governments and Tribal court jurisdiction and operations;
· Ability to exercise sound judgment, work both independently and in intensive concert with others;
· Ability to clearly and successfully articulate ideas and logical analysis both orally and writing;
· Ability to maintain effective working relationships with people of varied economic, educational, and cultural backgrounds;
· Ability to establish and maintain effective working relationships with other employees, Community Officials and the general public;
· Ability to perform all physical requirements of the position;
· Must acknowledge and agree to maintain a Drug-Free Workplace as a condition of employment with the Gila River Indian Community;

REQUIRED EXPERIENCE AND TRAINING:
Juris Doctorate Degree from an accredited law school; minimum of five (5) years experience as a licensed attorney with specialized and significant experience as an attorney in criminal and/or civil litigation, including trial experience with specialized experience in Federal Indian Law; a member in good standing of the Arizona State Bar or a State Bar.

ADDITIONAL REQUIREMENTS:
Certification as a Special Assistant United States Attorney within a timeframe acceptable to the General Counsel.

If not licensed, must be willing to take the Arizona State Bar exam within one (1) year of employment.

Valid state driver’s license with proof of driving record for the past 39 months will be required to qualify for a tribal driving permit. Proof of driving record must be submitted with application.

OVERTIME STATUS: Salaried
SUPERVISORY STATUS: Supervisory
REPORTS TO: General Counsel or Designee

Preference in filling vacancies is given to qualified Indian candidates in accordance with the Indian Preference Act (Title 25, U.S. Code, Section 472 and 473). The Gila River Indian Community is also committed to achieving the full and equal opportunity without discrimination because of Race, Religion, Color, Sex, National Origin, Politics, Marital Status, Physical Handicap, Age or Sexual Orientation. In other than the above, the Gila River Indian Community is an Equal Opportunity Employer.

If you are claiming Preference Points in one or more of the following categories please attach a copy of the required documentation to the completed Employment Application.

· Six (6) preference points for Community Members (with proof of enrollment)
· Three (3) preference points for Native Americans (must meet membership requirement of an established Tribe)
· One (1) preference point for Spouse of Community Member (with proof of spouse enrollment)
· One (1) preference point for Veteran (must meet statutory requirements)

DEADLINE: Employment Applications are available at all District Service Centers, the Human Resources Department and online at www.gilariver.org. Employment Applications must be received in the Human Resources Department by 5:00 pm on the closing date.

TO AVOID DELAYS, APPLICATIONS CAN BE MAILED OR FAXED TO:
Gila River Indian Community, Human Resources Department
Post Office Box 97
Sacaton, Arizona 85247
Fax: (520) 562-9809