Tuesday, January 27, 2009

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.

Monday, January 26, 2009

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

Wednesday, January 21, 2009

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

Wednesday, January 14, 2009

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

Tuesday, December 23, 2008

Indian Law Clinics Conference

SAVE THE DATE
June 7-9, 2009

Third Annual Indian Law Clinics and Externship Programs: Symposium and Workshop

Sponsors
Southwest Indian Law Clinic UNM School of Law
University of Denver Sturm College of Law

Contributors
The Tribal Law Practice Clinic Washburn University School of Law
Arizona State University Sandra Day O’Connor College of Law

Where: Isleta Casino & Resort, Pueblo of Isleta (located just south of Albuquerque, New Mexico)
Web site: www.isleta-casino.com

For: Professors, Directors, Clinicians and Staff of Indian Law, Poverty Law, Economic Justice and Community Lawyering Clinics and those interested in carefully considering their work with Communities through the provision of legal representation.

Goal: To dedicate time and space for Indian law clinics and other clinicians working with minority populations to work in solidarity on Poverty Law and Community Lawyering issues, to discuss our shared mission and differing perspectives, and to support new ideas

We look forward to your participation in our Exciting Symposium Program.
Watch for more Program details Coming Soon.

Contacts:
Professor Christine Zuni Cruz Professor Aliza OrganickProfessor Barbara Creel Tribal Law Practice Clinic
Southwest Indian Law Clinic Washburn University School of Law
UNM School of Law 785-670-1664
505-277-5265 (P)
aliza.organick@washburn.edu
zunich@law.unm.edu
creel@law.unm.edu

For registration information contact:
Mitzi Vigil
vigil@law.unm.edu
(505) 277-0405


Friday, December 19, 2008

Legal Considerations in Today's Financial Markets

Katosha Belvin Nakai ('03) has written an article that was featured on page 10 of the December/January issue of Native American Journal. The article is titled "Legal considerations in Today's Financial Markets".

Katosha is an attorney with Lewis and Roca, LLP. Her practice focuses on government regulation, infrastructure and resource development in Indian Country.

Congrats Katosha!

Thursday, December 11, 2008

CLE in Colorado before NNALSA Moot Court Competition

Native Americans, Race and the Constitution
Friday, February 27, 2009
8:30 - Noon

University of Colorado Law School
Wolf Law building - Room 204
2450 Kittredge Loop Road
Boulder, CO

Tuition $100
3 Gernal and .5 CLE applied for

To register and for more information visit:
http://lawweb.colorado.edu/events/details.jsp?id=1923
or contact Jill Tompkins
jill.tompkins@colorado.edu
(303) 492.8126

Presented by the CU and DU Chapters of the Native American Law Students Association

Thursday, December 04, 2008

Reception for Regent Leonard



The first Native American appointed to the Arizona Board of Regents said she’s honored to serve on the board, but it comes with a great challenge. “It’s being a part of history, but it’s also a great responsibility to represent not only Native Americans but also rural Arizona,” said LuAnn Leonard, a member of the Hopi Tribe.

The Indian Legal Program at the Sandra Day O’Connor College of Law hosted a reception Wednesday to honor Leonard, who joined the board in March. Gov. Janet Napolitano chose to nominate Leonard in a push to find experienced leaders in education from counties with fewer than 800,000 people, Leonard said.

“When I got the call from the governor’s office … I knew that if I didn’t try and say yes to going forward with the nomination that we might miss an opportunity for Native Americans,” she said.
“Napolitano knew there had never been a Native American regent, and she wanted to change it.”
Leonard said she has made it her goal to increase awareness of Native communities at the state universities. She said she has invited President Michael Crow to visit her community next summer. NAU President John Haeger and UA President Robert Shelton have already visited. "It was really eye-opening to them,” she said. “Our way of life in rural communities is very different.”

Peterson Zah, former president of the Navajo Nation, said Leonard is an important addition to the board because of her experience in unique Native education systems. “They are not doing very well retention wise,” said Zah, who also works at ASU as an adviser on American Indian affairs. “They have a significant problem. They have unique problems only someone like Regent Leonard can identify.”

Zah said Leonard would be able to show her experience at the ABOR meeting Thursday, when regents are set to vote on a tribal consultation policy would require each university to designate tribal liaisons and submit annual reports regarding relations with Native American tribes. "Regent Leonard would be able to bring the regents’ attention to that [relationship],” he said.

Rebecca Tsosie, executive director of the Indian Legal Program, told Leonard her appointment is a great step forward for Native American education. “It was like a dream that someone like you could be able to represent our people,” she said. “We are in a time of transformation, but your leadership will lead us through.”

Ross Meyer, a student regent from ASU, said Leonard adds to the diverse spectrum of ABOR, which helps ensure accessibility to education and financial aid. “It’s great to get that perspective on the board,” said Meyer, a second-year law student. “She’s a great addition.”

Leonard said she is looking forward to being a part of shaping the future of the university system at Thursday’s ABOR meeting, but she would not comment on how she will vote on the tuition proposals.

To conclude the ceremony, members of the Indian Legal Program gave Leonard an ASU stationery set. Leonard said anyone attending the ASU-UA football game can expect to see her showing it off. “I’ll be flashing the ASU pen,” she said.

Reach the reporter at adam.sneed@asu.edu.

Tuesday, December 02, 2008

Professor Clinton's Presentations

Professor Robert N. Clinton of the Indian Legal Program spoke on a panel, "One Country, Separate Sovereigns: Emerging Issues in Indian Law," at the Appellate Judges Education Institute this weekend. The conference brought together federal and state appellate judges, appellate staff attorneys and appellate lawyers, was held at the Doubletree Paradise Valley Resort in Scottsdale on Nov. 13-16. Also on the panel with Clinton was Judge William Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member of the College of Law, Judge Joseph Thomas Flies-Away of the Hualapai Tribal Court, and Elizabeth Rosenbaum, an Indian law practitioner. The panel was moderated by Charles G. Cole of Steptoe & Johnson. Retired U.S. Supreme Court Justice Sandra Day O'Connor spoke at the annual dinner on Nov. 15.



Professor Clinton will be presenting “The Return of Indian Treaty Making” at the University of Kansas on Friday, February 13, 2009. The 2008-2009 Tribal Law and Government Conference will focus on “Innovations in Tribal Governance”

Professor Tsosie's Presentations

Tsosie at ALA Conference
Rebecca Tsosie presented at the Cultural Heritage and Living Culture Conference in Washington DC. In November the American Library Association’s Office of Information Technology Policy hosted a thoroughly stimulating conference on Cultural Heritage and Living Culture: Defining the U.S. Library Position on Access and Protection of Traditional Cultural Expression. The conference aimed to discuss and debate the present and historical role of archives, libraries, and museums in preserving and providing access to the “traditional cultural expressions” (TCE) of indigenous people and traditional communities worldwide. The conference further aimed to begin forming ALA positions on TCE, including how the rights of native people in their own TCE interact with conventional Western concepts and codifications of intellectual property. ALA will be able to carry forth these positions to discussions with global organizations such as UNESCO and the United Nation’s World Intellectual Property Organization (WIPO). WIPO’s Intergovermental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC), addresses protections for TCE, which affect and are affected by international copyright treaties and U.S. copyright law.

Tsosie at ITCA Conference
In October, Professor Tsosie presented at the Inter Tribal Council of Arizona’s conference “Future Directions of Tribal Health Research in Arizona” on Intellectual Property and Cultural Property.

JOB: Gila River Prosecuter (2 positions)

JOB ANNOUNCEMENT

PROSECUTOR I
$58,892 per annum (DOE)
(2 vacancies)

DEPARTMENT NAME AND NUMBER RECRUITMENT OPENS AND CLOSES

Law Office 2009-092 December 2, 2008 to December 16, 2008
(Criminal Division, 151 S. Bluebird, Sacaton)


DISTINGUISHING FEATURES OF THE CLASS:
The Prosecutor I position involves representing the Community in the litigation of criminal complaints, civil petitions and juvenile offender matters in the Community courts as plaintiff or petitioner; represents the Community in Court at arraignments/initial hearings, pretrial/status conferences, review and evidentiary hearings and trials/adjudications; legal research and writing; intimately familiar with professional responsibilities as an Attorney; and will likely be assigned to Children’s Court.

ESSENTIAL FUNCTIONS:
· 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 courts.
· Gather and analyze evidence in criminal and civil cases.
· Maintain case files, calendars and database for criminal and civil cases.
· Assist in the development, revision and codification of the Community’s laws, resolution and ordinances.
· Assist in representing the Community at meetings, court proceedings and other functions.
· Perform other related duties as assigned.

REQUIRED KNOWLEDGE, SKILL AND ABILITY:
· Background and knowledge of criminal law with some practical experience in criminal case preparation and litigation preferred;
· Knowledge of and experience in application of the principles of jurisprudence and legal analysis, including a background in and knowledge of Federal Indian Law;
· Ability to work both independently and intensive concern with others;
· Ability to clearly and succinctly articulate ideas and logical analysis both orally and in writing;
· Ability to 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:
Juris Doctorate degree from an ABA accredited school of law with current membership in good standing with the Arizona State Bar or must take and pass the Arizona Bar of Exam within one (1) year of employment.

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

Thursday, November 20, 2008

Diane Humetewa article ('93)

Diane Humetewa (Class of 1993), the first Native American to serve as U.S. Attorney for the District of Arizona, was one of a handful of Native students in her law-school class, only half of whom graduated despite tremendous support from the Indian Legal Program.

"It made me realize the importance of helping other Native students succeed," said Humetewa, who has stayed connected to the program and has served as a mentor.

"These students come from Indian communities, smaller towns, and don't have the huge university experience," she said. "Often they wonder, 'How will this education matter to the community I'm going to go back to?' "The program has helped fill in the gaps with mentors, and engaged students in the local community through clinics and summer programs."

Law school was not something Humetewa had planned on. She worked in the U.S. Attorney's Office in 1986 as one of the first victim-witness advocates in the federal criminal Justice system and helped develop a victim advocacy model that was replicated nationally. "Several of my colleagues encouraged me to go to law school," she said.

Both Humetewa's parents went to Indian boarding schools, her father in Santa Fe and her mother at Phoenix Indian High School. They expected their children to go to college, but were surprised and pleased when Humetewa decided on law school. "They saw the passion I had for working with crime victims, making sure their needs were addressed, and for handling what can be emotionally draining cases, and they appreciated that," she said.

Judge Stephen M. McNamee of the U.S. District Court of Arizona, told her to choose a local law school. "He said, 'You're most familiar with the legal environment in Arizona, your primary focus is to come back and be a prosecutor here in Arizona, and you'll have more localized opportunities for mentoring and summer work that will matter for your long-term goal,' " Humetewa said.

The Indian Legal Program at Arizona State University was welcoming and supportive, said Humetewa, who met Siera Russell, then-director, and Paul Bender, who taught Indian law. "I literally had no knowledge of Indian law as it is known today," Humetewa said. "But it felt like a nurturing place. The individuals there were just as interested in my success as I was." Support included study groups and tips on how to survive the first year. "They also assigned us mentors," Humetewa explained. "One of mine was Diane Enos, who is now president of the Salt River Pima-Maricopa Indian Community, dealing with some of the most sophisticated issues in Arizona."

And she learned of an internship on Arizona Sen. John McCain's staff. "Taking that internship, spending a semester in Washington, D.C., helped me put a practical background to the federal Indian law I was learning," Humetewa said. "It all jelled."

Humetewa said the Indian Legal Program had a profound impact on her. "The concentration of faculty and their foresight that federal Indian law touched on so many aspects of society, economically and politically, provided me a great opportunity to understand," Humetewa said. "What made the program so successful was the leadership of the law school and their recognition that there is a unique opportunity to expand the educational horizon that traditional law schools weren't providing for. "They were able to find, and tap into, Indian experience in water law, gaming law, federal Indian law. What has made the program stand out is that they really paid attention to the quality of the subject matter and the quality of the individuals they brought in to explain that subject matter. "I'm grateful to be a very small part of it."

Humetewa served as counsel in the U.S. Department of Justice office of Tribal Justice, and as counsel for McCain before rejoining the U.S. Attorney's Office in 1996 as a Special Assistant U.S. Attorney, then Assistant U.S. Attorney. She prosecuted violent crime cases including child sex crimes, homicides, assaults, bank robberies, and theft of cultural patrimony cases. She also worked in the civil section defending lawsuits brought against the United States under the Federal Tort Claims Act, and represented the United States' interests in Bankruptcy Court.

In 2001, she was promoted to Senior Litigation Counsel/Tribal liaison and was responsible for relationships between the 21 Indian tribal governments and the U.S. Attorney's Office and for oversight of the Victim/Witness Program. She is considered a national expert in Indian Country issues and has instructed law enforcement and prosecutors in federal criminal procedure, jurisdiction, child abuse, federal victims' rights, and laws protecting Native American patrimony, artifacts and grave sites.

She said she never thought about becoming a U.S. Attorney. "In my view, I had accomplished what I set out to do, to become a prosecutor who could advocate for victims of crime and enforcement of laws. I was very content.

"Being a prosecutor is the best job in this office, because you deal with so many issues: archaeology, geography, and the variety of populations we have in Arizona that have different and distinct needs. "You're constantly learning not just about law enforcement in the area, but the application of that law and helping to shape that law, with convictions that are challenged and go up to the Ninth Circuit. It was the best job I ever had because I was constantly growing with each case."

Humetewa has interns in her office who learn the variety of cases a federal prosecutor can take on. "Some have gone on to be law clerks for tribal nations or trial attorneys in a tribe's general counsel office," she said. "In reverse, tribal leaders look to ASU for development and sharing information, like writing tribal codes and legal research."

Humetewa said there has been a sea change for Native law. "The doors have swung open," she said. "Universities have developed Indian law programs because of the recognition that tribes are economic players, and tribes are encouraging their young people to get law degrees because they believe that will help them receive fair representation."

Tuesday, November 18, 2008

Clinton on panel at Appellate Judges Educational Institute

Clinton on panel at Appellate Judges Educational Institute

Robert N. Clinton Professor Robert N. Clinton of the Indian Legal Program will speak on a panel, "One Country, Separate Sovereigns: Emerging Issues in Indian Law," at the Appellate Judges Education Institute this weekend. The conference, which brings together federal and state appellate judges, appellate staff attorneys and appellate lawyers, will be held at the Doubletree Paradise Valley Resort in Scottsdale on Nov. 13-16. Also on the panel with Clinton will be Judge William Canby Jr. of the 9th U.S. Circuit Court of Appeals and a founding faculty member of the College of Law, Judge Joseph Thomas Flies-Away of the Hualapai Tribal Court, and Elizabeth Rosenbaum, an Indian law practitioner. The panel will be moderated by Charles G. Cole of Steptoe & Johnson. Retired U.S. Supreme Court Justice Sandra Day O'Connor will speak at the annual dinner on Nov. 15. Clinton teaches and writes about federal Indian law, tribal law, and Native American history, constitutional law, federal courts, civil procedure and copyrights. He also serves as Chief Justice of the Winnebago Supreme Court, as Associate Justice of the Cheyenne River Sioux Tribal Court of Appeals, as Associate Justice for the Colorado River Indian Tribes Court of Appeals, and the Hualapai Nation Court of Appeals, and as a temporary judge for other tribes.