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

May 17, 2018 | 6.5 Law and Legal and .5 Ethics CLE Credits

The 30th Anniversary Indian Law Section CLE will cover the most crucial and timely issues facing tribes and tribal attorneys today. Panels will 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. Indian Law practitioners are encouraged to join us for this 7.0 credit CLE followed by the Annual Dinner of the Northwest Indian Bar Association.

Overview

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.  Live Webcast and in-person attendance options available.

The CLE will followed by the Annual Dinner of the Northwest Indian Bar Association. Information about the bar dinner is available from NWIBA.

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

Kristy 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

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

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

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

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.

Keith Harper, Partner, Kilpatrick Townsend & Stockton

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

Kristy 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

Hon. Raquel Montoya-Lewis, Judge, Whatcom County Superior Court 

Judge Raquel Montoya-Lewis serves as a Superior Court Judge for Whatcom County. Governor Jay Inslee appointed her in December 2014. Presently, she is the only Native American serving as a judge for the State of Washington. Prior to serving on the Superior Court bench, she combined judicial and academic careers, serving as Chief Judge for the Nooksack Indian Tribe & the Upper Skagit Indian Tribe and as an Associate Professor of Law at Fairhaven College of Interdisciplinary Studies at Western Washington University. She also served as an appellate judge for numerous tribes throughout the country. She is in high demand as a speaker and presents nationally on cultural identity, bias and decision-making, engaging families & youth in dependency & juvenile court, Indian Child Welfare compliance and tribal trial and appellate court practice. She serves on the Washington Superior Court Judges' Association's Judicial Education Committee and is a member of the National Council of Juvenile and Family Court Judges' Judicial Engagement Network.

As a practicing attorney, she represented Indian tribes across the United States, taught legal writing at the University of New Mexico School of Law, and served as a judicial law clerk for Justice Pamela B. Minzner. She holds a Juris Doctorate from the University of Washington School of Law and a Master of Social Work degree from the University of Washington Graduate School of Social Work. She is an enrolled member of the Pueblo of Isleta, a federally recognized tribe in New Mexico.

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.

Tim Purdon, Robins Kaplan LLP

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.

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

Josh Williams, Muckleshoot Tribe Legal Aid

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

Pricing

General Registration - $275.00

Attorneys who are one year or less in practice (admitted in 2017 or 2018) will be able to subtract $100 from their tuition.

Current Law Students - free on a space available basis

Live webcast and in-person attendance options available