The 30th Annual Indian Law Section Seminar - Looking Back, Moving Forward: Hot Topics in Indian Law

6.5 Law and Legal and .5 Ethics CLE Credits | WSBA Activity ID #1074036

The 30th Anniversary Indian Law Section CLE covers the most crucial and timely issues facing tribes and tribal attorneys today. Panels address tribal opioid litigation, developments in state-tribal tax, protecting tribal resources and communities impacted by climate change, the frontiers of tribal court authority, and developments in the Indian Child Welfare Act.

Overview

Recorded:  05/17/2018
Credits:  6.5 Law and Legal and .5 Ethics CLE | WSBA Activity ID #1074036
Length: 6 hours, 40 minutes

Featured Speakers:
Fawn Sharp, Judge Ron Whitener, Leonard Forsman, Rob Roy Smith, Thomas Schlosser, Shana Greenberg Barehand, Mary Neil

This important continuing legal education program convenes seasoned tribal attorneys general, Supreme Court litigators and distinguished tribal leaders to address topics such as

  • tribal opioid litigation;
  • developments in state-tribal tax;
  • protecting tribal resources and communities impacted by climate change;
  • the frontiers of tribal court authority; and
  • developments in the Indian Child Welfare Act.

The program includes a litigation update and .5 ethics credits. 

Agenda

Agenda and speakers subject to change

7:30-8:00 a.m.

Registration and Coffee

8:00-8:15 a.m.

Welcome and opening blessing

8:15-9:00 a.m.

Session 1: Indian Child Welfare Act: Update on State and Federal Developments

Speaker

Carissa Greenberg, Washington Attorney General's Office

Raven Arroway-Healing, Tribal Attorney & t̓ix̌dxʷ bədbədaʔ (ICW) Presenting Officer, Legal Department, Stillaguamish Tribe of Indians

9:00-9:45 a.m.

Sesssion 2: Indian Law Cases before the Supreme Court

Speaker 

Kristin Ballinger, Harrigan Leyh Farmer & Thomsen, LLP

Mary Neil, Reservation Attorney, Lummi Indian Business Council

Pratik A. Shah, Akin Gump Strauss Hauer & Feld LLP

9:45-10:30 a.m.

Session 3: Opioid Litigation: Tribal Perspectives and Responses

Spekar

John Chapman Young, Office of the Attorney General, Cherokee Nation

Tim Purdon, Robins Kaplan LLP

10:30-10:45 a.m.

Break

10:45-11:15 a.m.

Session 4: Tax Update

Speaker

Shana Greenberg Barehand, Tribal Liaison, Washington State Department of Revenue

11:15 a.m.-12:00 noon

Session 5: Litigation Update

Speaker

Tom Schlosser, Morisett Scholosser Jozwiak & Somerville

12:00-1:00 p.m.

Lunch (on your own)

1:00-1:30 p.m.

Session 6: Representing governments: which rules of ethics apply?

Speaker

Brady R. Johnson, Law Office of Brady R. Johnson, Board Member, Center for Environmental Law and Policy

1:30-2:15 p.m.

Session 7: Cross-Border Treaty and Aboriginal Rights

Speaker

Mark G. Underhill, Partner, Arvay Finlay LLP

2:15-3:00 p.m.

Session 8: Tribal Sovereignty in the Fight Against Climate Change

Speakers

Rob Roy Smith, Kilpatrick Townsend & Stockton

Fawn Sharp, President, Quinault Indian Nation

Ryan Miller, Environmental Liaison-Program Manager, Tulalip Tribes Treaty Rights Office

Theresa Sheldon, Secretary, Tulalip Tribes

3:00-3:15 p.m.

Break

3:15-4:00 p.m.

Session 9: Tribal sovereignty in Washington State: reflecting on the past, shaping the future

Speakers

Ron Allen,Tribal Chairman, Jamestown S'Klallam Tribe

Councilwoman Debora Juarez, Seattle City Council

Leonard Forsman, Chairman, Suquamish Tribe

4:00-4:45 p.m.

Session 10: Development of Tribal Courts Over the Past 30 Years

Speakers

Hon. Ron Whitener, Chief Judge, Tulalip Tribe

Hon. Mark W. Pouley, Chief Judge and Court Administrator, Swinomish Tribal Court

Josh Williams, Muckleshoot Tribe Legal Aid

4:45 p.m.

CLE Evaluation and Indian Law Section Election

Presenters

Chairperson

Claire Newman, Chair, WSBA Indian Law Section

Claire Newman is a litigation associate at Kilpatrick Townsend & Stockton, LLC in its Native American Practice Group. She litigates on behalf of tribes and tribal members in state, federal court and tribal courts on issues ranging from water rights, to P.L. 93-638 contracts, to the Indian Child Welfare Act, to employment and contract disputes. Prior to joining Kilpatrick Townsend in 2013, she served as a law clerk for the Juneau Superior Court. Ms. Newman attended law school at the University of Washington School of Law.

Presenters

W. Ron Allen,Tribal Chairman, Jamestown S'Klallam Tribe

Ron was appointed to the Tribal Council in 1975. He has served as the Chair since 1977 and as Chief Executive Officer since 1982. He is a member of the JKT Art Board, Hunting/Fishing Committee (Ad Hoc member), Tribal Gaming Commission, and U.S. Canada/Pacific Salmon Commission. He served four years as President of the National Congress of American Indians (NCAI) and two years as NCAI First Vice President. He is currently NCAI Treasurer and President of the Washington Indian Gaming

Kristin Ballinger, Harrigan Leyh Farmer & Thomsen, LLP

Kristin Ballinger represents individuals, businesses, and governmental entities in a wide varied of complex civil disputes at trial and on appeal. Prior to joining Harrigan Leyh Farmer & Thomsen, Kristin served as a law clerk to United States District Judge William L. Dwyer in the Western District of Washington and as a pro tem judge, tried dozens of cases as a criminal prosecutor, and litigated matters small and large at a national commercial law firm.

Kristin graduated from Columbia University School of Law and Whitman College, and now serves on the advisory board of the Huston Camp and Conference Center and is an official with U.S.A. Swimming.

Shana Greenberg Barehand, Tribal Liaison, Washington State Department of Revenue

Shana, originally from Los Angeles, is Mono from the Cold Springs Rancheria. She has a law degree from Arizona State University and a Bachelor's in psychology from Cal State Long Beach. Shana entirely supported herself through college and law school. As an attorney, she has worked at the U.S EPA, as an environmental enforcement attorney and the Federal Communications Commission as the senior tribal advisor. Currently she is the Tribal Liaison for the Washington State Department of Revenue. As a volunteer, she registers voters, provides volunteer legal services, and is a founding Board member of the Wa-Ya Outdoor Institute. She has served as the Treasurer of the National Native American Bar Association, Chair of the advisory board for the Washington Internships for Native Students, and is a founding board member of the Society of American Indian Government Employees. Shana is married to actor/filmmaker Jeffrey Barehand and has five children.

Leonard Forsman, Chairman, Suquamish Tribe

Leonard Forsman has served as Chairman of the Suquamish Tribe since 2005. Previously he was a research archaeologist for Larson Anthropological and Archeological Services in Seattle from 1992-2003. He served as the Director of the Suquamish Museum from 1984 to 1990. This experience and expertise earned him a federal appointment in 2013 to the Advisory Council on Historic Preservation where he promoted the preservation and enhancement of the nation's historic resources. Forsman is the President of the Affiliated Tribes of Northwest Indians and the Northwest Regional Vice President of the National Congress of American Indians. He has served as Vice President of the Washington Indian Gaming Association since 2005 and the Washington State Historical Society Board since 2007. Mr. Forsman received a B.A. in Anthropology from the University of Washington and an M.A. in Historic Preservation from Goucher College.

Carissa Greenberg, Washington Attorney General's Office

Carissa Greenberg received Bachelor of Arts degrees in Political Studies and Theatre from Whitworth College (now University) in 2006. She attended Gonzaga University School of Law as a Thomas More Scholar and graduated cum laude in 2009. She spent almost two years in private practice before joining the Washington State Attorney General's Office (AGO) in late 2011. During her tenure as an Assistant Attorney General, Carissa has served the Department of Social and Health Services Children's Administration (CA)-first representing CA in dependency and termination cases at the trial and appellate level, and later representing and advising CA Headquarters. In this later role, part of her responsibilities include advising CA on tribal issues and the Indian Child Welfare Act. Carissa is a member of the AGO Academy Committee, which trains all Assistant Attorneys General for the State of Washington. In 2015, she was a recipient of the AGO William V. Tanner Award for outstanding achievement early in her career. Her hometown is Pullman, Washington, which hosts the National Lentil Festival annually. Carissa loves almost all things lentils and quoting Tina Fey's movie Mean Girls.

Raven Arroway-Healing, Tribal Attorney & t̓ix̌dxʷ bədbədaʔ (ICW) Presenting Officer, Legal Department, Stillaguamish Tribe of Indians

Raven Arroway-Healing is a tribal attorney for the Stillaguamish Tribe of Indians and is an appointee on the Washington State Supreme Court Commission on Children in Foster Care. She represents the Stillaguamish Tribe in child welfare matters in various tribal jurisdictions and in multiple states. She also has years of experience representing parents of tribal youth in dependency cases in tribal court. She is a graduate of Cornell University and Seattle University School of Law. She is a descendent of First Nations natives.

Brady R. Johnson, Law Office of Brady R. Johnson, Board Member, Center for Environmental Law and Policy

Brady R. Johnson is a semi-retired Seattle attorney who serves on the board of the Center for Environmental Law and Policy (CELP). Brady graduated from the University of Puget Sound School of Law, since acquired by Seattle University, in 1984 and subsequently completed a graduate fellowship in international law through McGeorge School of Law. Brady's career has consistently primarily of litigation in criminal law, mental health and civil commitment, personal injury, civil rights and antitrust. Brady retired as Senior Counsel after 15 years in the Antitrust Division of the Washington State Office of the Attorney General where he served under three Attorneys General.

Councilwoman Debora Juarez, Seattle City Council

Debora Juarez, an enrolled member of the Blackfeet Nation, made history in 2015 when she became the first member of an indigenous nation to be elected to the Seattle City Council in the city's 150-year history. Councilmember Juarez grew up on the Puyallup Reservation in Tacoma and went to law school at the University of Puget Sound. She has built a 31-year career as a public defender, legal-aid lawyer, King County judge, Native American affairs adviser to two Washington governors, counsel for Northwest tribes, and Seattle City Councilmember. Debora's focus has been on legal advocacy and economic development for the most marginalized communities in our state and she is profoundly honored to serve the people of North Seattle's District 5 as their first representative on the City Council.

Ryan Miller, Environmental Liaison-Program Manager, Tulalip Tribes Treaty Rights Office

Ryan Miller is a Tulalip Tribal member and the Environmental Liaison and Program Manager for the Tulalip Tribes Treaty Rights Office. He has over 12 years of experience working in the Tulalip Natural Resources Department and recently received his degree in Native Environmental Science from Northwest Indian College. He enjoys serving his community and seeing the positive results from the work his department does. In his spare time, he enjoys spending time with his family, his fiancée Melissa and their three children. He is also an avid musician and loves playing guitar and writing music.

Mary Neil, Reservation Attorney, Lummi Indian Business Council

Mary Neil is a Lummi Tribal member and an attorney for the Lummi Indian Business Council. As in-house counsel she has worked on a variety of tribal government matters, including on matters related to natural and cultural resources, economic development, environmental regulation, tax and other intergovernmental matters. She has represented the Lummi Nation since 2003 in litigation involving treaty fishing rights, including United States v. Washington, 70-9213. Mary graduated from Western Washington University and from Gonzaga University School of Law.

Hon. Mark W. Pouley, Chief Judge and Court Administrator, Swinomish Tribal Court

Judge Mark Pouley was appointed as Chief Judge of the Swinomish Tribal Court in March 2004. In October 2013 he was appointed as an Associate Justice of the Colville Court of Appeals. He also serves as a pro tem judge and appellate justice for the Northwest Intertribal Court System. Judge Pouley has been a pro tem judge for the Lummi Tribal Court and Court of appeals since 1996. He has served as a member on the Washington State Gender and Justice Commission and currently participates in the Washington Tribal and State Court Consortium. Judge Pouley was a member of the Board of Directors of the National American Indian Court Judges Association and a member of the Northwest Tribal Court Judges Association. Prior to taking the bench, Judge Pouley was in private practice as a partner in the law firm of Cole & Cole in Stanwood, WA. Judge Pouley earned a J.D. degree from Thomas M. Cooley Law School in Michigan and his undergraduate degrees in political science and speech communication from Gonzaga University.

Tim Purdon, Robins Kaplan LLP

Tim Purdon is a partner at Robins Kaplan where he co-chairs the firm's American Indian Law and Policy Group and its Government and Internal Investigations Group. Prior to joining Robins Kaplan in 2015, Tim served as the United States Attorney for the District of North Dakota. In that role, he was the chief federal law enforcement official in North Dakota with responsibility for prosecuting all federal crimes in North Dakota and defending the United States in civil litigation. As U.S. Attorney, Tim placed special emphasis on the issues of increasing public safety on the American Indian reservations in North Dakota and on working with law enforcement partners to counter the new threat from organized crime that emerged as a result of the oil boom in western North Dakota's Bakken region. While Tim was serving as U.S. Attorney, Attorney General Eric Holder appointed him the Chair of the Attorney General's Native American Issues subcommittee ("NAIS"). The NAIS is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities. While Chair of NAIS, Tim represented the Department of Justice in testimony before the United States Senate Committee on Indian Affairs.

Thomas Schlosser, Morisett Scholosser Jozwiak & Somerville

Thomas Schlosser represents Tribes in fisheries, timber, water, energy, cultural resources, contracting, tax and federal breach of trust. He is a director of Morisset, Schlosser, Jozwiak & Somerville, where he specializes in federal litigation, natural resources, and Indian tribal property issues. He is also frequently involved in tribal economic development and environmental regulation. In 1970s, Tom represented tribes in the Stevens' Treaty Puget Sound fishing rights proceedings. Tom has a B.A. from the University of Washington and a J.D. from the University of Virginia Law School. Tom is a founding member of the Indian Law Section of the Washington State Bar Association and also served on the WSBA Bar Examiners Committee. Tom is a frequent CLE speaker and moderates an American Indian Law discussion group for lawyers at http://forums.delphiforums.com/IndianLaw/messages. He is a part time lecturer at the University of Washington School of Law and Seattle University School of Law.

Pratik A. Shah, Akin Gump Strauss Hauer & Feld LLP

Mr. Shah has argued 14 cases before the United States Supreme Court and has filed over 150 merits or certiorari-stage briefs in that court. He has also briefed and argued numerous cases in other federal and state appellate courts, and provides strategic advice to companies, funds and organizations at all stages of constitutional, regulatory and other complex litigation. In its national rankings, Chambers USA notes that Mr. Shah is "highly recommended by clients for his uniformly high-quality work," and describes him as "one of the brightest and most personable members of the DC appellate bar" with "complete mastery of the facts and law of a case." Among other publications, the Washington Business Journal has recognized him as a leading appellate advocate who has successfully "practiced before the highest court in the land on some of the most groundbreaking cases of the 21st century." Under his leadership, Akin Gump was named one of the top three appellate practices in the 2017.

Fawn Sharp, President, Quinault Indian Nation

Fawn R. Sharp is the President of the Quinault Indian Nation (2006-current); an attorney with an academic background in criminal justice, she holds an advanced certificate in International Human Rights Law from Oxford University. President Sharp formerly served as Managing Attorney/Lead Counsel/and Associate Judge for the Quinault Indian Nation government. She also served as an Administrative Law Judge for the Washington State Department of Revenue Tax Appeals Division. While president of the Quinault Indian Nation, Fawn Sharp was elected as President of the Affiliated Tribes of Northwest Indians (ATNI), a 57 member government organization (2001-2017), and the Vice President for the National Congress of American Indians (NCAI) an organization established in 1944 representing 566 Tribal Nations (2016-2017). She completed two years of service as Chairman of the United States Department of the Interior Secretarial Commission on Indian Trust Administration and Reform that issued its final report in December 2013.

Theresa Sheldon, Tulalip Tribe

Councilwoman Sheldon was elected to the Board of Directors of the Tulalip Tribes in 2013. Serving as a legislative policy analyst for seven years, she engaged in the legislative process on behalf of the Tulalip Tribes by providing analysis of issues pertinent to the to the exercise of sovereignty and tribal governance.

She is currently the Co-Chair for both Native Vote Washington and Affiliated Tribes of Northwest Indians (ATNI) Native Vote Committee. Councilwoman Sheldon is active member of the Canoe Family, a volunteer coach for the First Nations Snowboard Team Tulalip, and enjoys spending time with her family and relatives at cultural events. She holds a B.A. in Law and Diversity from Western Washington University.

Rob Roy Smith, Partner, Kilpatrick Townsend & Stockton

Rob Roy Smith is a partner with Kilpatrick Townsend & Stockton LLP in its Seattle, Washington Office. He is co-chair of the firm's Native American Practice Group.

Mr. Smith exclusively practices federal Indian law on behalf of Indian tribal governments. He advises Indian tribal clients on all aspects of federal, state and tribal law, including employment, economic development, natural and cultural resource protection, taxation, gaming and tribal sovereignty. For over 15 years, Mr. Smith has successfully represented Indian tribal governments, individual Indians and tribal businesses in complex litigation before state and federal trial and appellate courts. He has filed briefs before the United States Supreme Court and the United States Court of Federal Claims on a variety of issues, including tribal jurisdiction and fiduciary duty. Mr. Smith also has experience obtaining and arranging tax and tax-exempt finance and refinance opportunities for Indian tribal governments, and led the Firm's team involved in the Native American Finance Officers' Association "Deal of the Year" for 2014.

Mr. Smith has served as an adjunct professor of Federal Indian Law at Seattle University School of Law and as a member of the Executive Council for Seattle University School of Law's Center for Indian Law & Policy. He was a visiting professor at the Andrew Blewett III School of Law (University of Montana), as part of the school's 2017 Summer Indian Law Program. He is a frequent author and lecturer on various aspects of Indian law.

Mr. Smith was named a 2016 "Rising Star" by Law360 for Native American Law. He was listed by The Best Lawyers in America® for Native American Law in 2014, 2015, 2016 and 2017. Mr. Smith was recognized as a Washington "Super Lawyer" for Native American Law in 2014, 2015, 2016, 2017 and 2018 by Super Lawyers magazine. He was recently recognized in the 2017 edition of Chambers USA: America's Leading Lawyers for Business and ranked Nationally as "Up and Coming" for Native American Law.

Mark G. Underhill, Partner, Arvay Finlay LLP

Mark G. Underhill is a 1995 graduate of the Faculty of Law, University of Victoria, and was called to the Bar of the Law Society of British Columbia in 1996. He practiced with Arvay Finlay for ten years before establishing his own firm in 2005. In 2017, Mark reconstituted Arvay Finlay with Joseph J. Arvay O.C., O.B.C.,Q.C., and other former members of the firm.

Mark maintains a broad general civil litigation practice, with particular expertise in aboriginal, administrative and environmental law, including multi-party disputes involving property remediation and liability for contamination. In addition to his expertise in public law, Mark has acted in a number of class action suits, including claims involving tainted blood, misleading advertising, employment benefits, log salvage fees, gaming fees, and a fraudulent investment scheme.

Hon. Ron Whitener, Chief Judge, Tulalip Tribe

Ron J. Whitener is Chief Judge of the Tulalip Tribal Court, a Justice on the Northwest Intertribal Court of Appeals, the Chehalis Tribal Court of Appeals and the Upper Skagit Tribal Court of Appeals. From 2009 to 2013, Judge Whitener served as the Chief Judge for the Confederated Tribes of the Chehalis Reservation. Judge Whitener is a member of the Squaxin Island Tribe, located in South Puget Sound, where he grew up and continues to participate in treaty fishing and as the Squaxin Island Commissioner of Business Affairs. Judge Whitener worked for Squaxin Island in their Natural Resources Department prior to going to law school. He graduated from the University of Washington Law School in 1994 and returned to Squaxin as a tribal attorney representing the tribal government in treaty rights defense, tribal governance, tribal court development, gaming and other enterprises. In 2000, he joined the Northwest Justice Project's Native American Unit in Seattle where he represented Native American clients in federal, state and tribal courts. In 2002, he joined the University of Washington Law School as an Assistant Professor where, with funding and support of the Tulalip Tribes, he formed the Tribal Court Public Defense Clinic serving as public defender for several Western Washington tribes. Judge Whitener taught various courses in the fields of Indian law, mental health law and criminal law and was named Order of the Coif and Order of Barristers for his work in law and his experience as a courtroom advocate. He received funding from the MacArthur Foundation to implement culturally-informed projects in tribal juvenile justice in the areas of indigent juvenile defense and mental health issues. In 2009, he was named the Association of American Law School's "Shanara Gilbert Emerging Clinician of the Year" and in 2011 he was named a "White House Champion of Change" by President Barack Obama for his advocacy for Native American clients. In May of 2014, Judge Whitener left the University of Washington to join the Tulalip Tribal Court.

Josh Williams, Muckleshoot Tribe Legal Aid

Josh Williams focuses his solo practice almost entirely in Tribal Courts, primarily representing parents with dependency actions in the Puyallup, Muckleshoot, and Suquamish Tribal Courts. He also provides a weekly legal clinic for the Muckleshoot Indian Tribe, represents parties in private domestic cases, and was recently appointed Judge for the Sauk-Suiattle Tribal Court.  Josh Williams began working in Tribal Courts while attending Seattle University School of Law, and has focused his practice in Tribal Courts since graduating in 2011. 

John Chapman Young, Office of the Attorney General, Cherokee Nation

John C. Young (Delaware/Pawnee/Kiowa) joined the Office of the Attorney General in 2014 and serves as an Assistant Attorney General. John currently serves as a tribal court prosecutor representing the Cherokee Nation in proceedings before the Cherokee Nation courts. As a prosecutor, John has focused on enhancing the prosecution of domestic violence and sexual assault crimes in Indian Country. Likewise, John has focused on increased awareness of human trafficking in Indian Country and improved coordination amongst the Cherokee Nation's community partners and counterparts in federal law enforcement.

Prior to joining the OAG, John practiced in the federal and state courts of New Mexico with an emphasis on plaintiffs' civil rights litigation under 42 U.S.C. § 1983 and the New Mexico Human Rights Act, complex civil litigation and criminal defense.

John has previously served as Associate Judge for the Delaware Tribal Court and as Director of the National Tribal Trial College.

Pricing

General Registration - $195.00

Seattle University School of Law Alumni - $165.00