Celebrating and Honoring 35 Years of the Nation Bar Association

2012 Annual Conference Beehaz'áanii Bee K'é Náhoodleel

B a r o n A i s s t o a c N i a JUNE 7 – 8, 2012 o t j i a o

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C Day One - Thursday, June 7, 2012 Law of the Diné to the Practice of Law 7:30 – 9:00 a.m. Registration and Continental Moderator: Patrick Mason (2.0 hours Ethics CLE) Breakfast • Avery Denny, Diné Policy Institute • Robert Yazzie, Diné Policy Institute 8:00 – 8:10 a.m. Opening Prayer (By Invitation) • James McKenzie, Diné Policy Institute • James Mason, NNBA Disciplinary Committee 8:10 – 8:30 a.m. Opening Remarks by Diandra D. • Arita Yazzie, NNBA Disciplinary Committee Benally, NNBA President 6:00 – 7:00 p.m. Appreciation Reception Governor Frank Lujan, Pueblo of Isleta • Honoring of NNBA members with 30 years of active membership 8:30 – 10:00 a.m. Trial and Appellate Litigation: Per- • Honoring of Bruce Freyburger and Steward Silent- spectives from the Bench man Moderator: Paul Frye (1.50 hours of Navajo Law • Honoring of retired Judges CLE). • Honorable Chief Justice Herb Yazzie, Navajo Nation Supreme Court Day Two - Friday, June 8, 2012 • Honorable Judge Harris L. Hartz, U.S. Court of Appeals for the 10th Circuit 7:30 – 9:00 a.m. Registration and Continental Breakfast 10:00 – 10:15 a.m. Break 8:00 – 8:10 a.m. Opening Prayer (By Invitation) 10:15 – 11:45 a.m. Tribal Law and Order Act and Navajo Law 8:10 – 9:30 a.m. Navajo Nation Bar Association Moderator: Paul Spruhan (1.50 hours of Navajo Law Reports CLE) • Board of Bar Commissioners - Diandra D. • Kathy Bowman, Navajo Nation Public Defender’s Benally Office • Admissions Committee - Heather L. Clah • Troy A. Eid, Tribal Law and Order Act Commis- • Continued Legal Education (CLE) Committee - sion Judith Dworkin • Delores Greyeyes, Navajo Department of Correc- • Judicial Evaluation Committee - Samuel Gollis tions • Rules Committee - Patterson Joe • Bernadine Martin, Navajo Nation Chief Prosecu- • Training Committee - Troy A. Eid tor’s Office 9:45 – 11:45 p.m. Navajo Government Reform 11:45 – 1:15 p.m. Honoring Luncheon - 2012 NNBA Moderator: Diandra D. Benally (2.0 hours Navajo Awards and Scholarships Law CLE) • Nona Lou Etsitty, Lifetime Achievement Award • Troy A. Eid, Member of the Year Award Historical Overview of the Navajo Nation Governmental Structures 1:30 – 3:15p.m. Federal, Judicial and Legislative Up- • Harrison Tsosie, Navajo Nation Attorney Gener- dates (1.75 hours Navajo Law CLE) al’s Office • Navajo Supreme Court Update – LaVerne Gar- nenez, Navajo Nation Supreme Court Navajo Government Reform from the Perspectives of • Navajo Legislative Update - Ed McCool, Navajo Former Navajo Nation Presidents and Chairmen Nation Office of Legislative Counsel • Kelsey Begay • Federal Update – Paul Spruhan, Navajo Nation • Department of Justice • Joe Shirley Jr. (Invited) • Peter MacDonald 3:15 – 3:30 p.m. Break • Peterson Zah

3:30 – 5:30 p.m. Ethically Applying the Fundamental 11:45 – 1:00 p.m. Luncheon (Provided) Breakout Sessions 3. Navajo Sovereign Immunity and Public Law 93- 638 Contracts 1:15 – 2:15 p.m. Breakout CLE Session 1, 2, 4 and 5 Presenter: Patrick Mason (1.0 hour Navajo Law or Ethics CLE) The Navajo Sovereign Immunity and 638 Con- tract Defendants can be confusing things. In this 2:15 – 2:30 p.m. Break session, we will look at how to successfully nav- igate the Navajo Sovereign Immunity Act, and 2:30 – 3:30 p.m. Breakout CLE Session 2, 3 and 5 how to successfully navigate the Federal Courts (1.0 hour Navajo Law or Ethics when suing a Navajo defendant that was working CLE) pursuant to 638 Contract with the . 638 Contract’s are contracts between the Navajo 3:30 – 3:45 p.m. Break Nation and the United States in which the Navajo Nation has taken over aspects of self-governance 3:45 – 4:45 p.m. Breakout CLE Session 1, 3, and 4 that were once managed by the BIA. Pursuant to (1.0 hour Navajo Law CLE) these contracts, the United States has assumed lia- bility for any actions of Navajo Nation employees while doing work pursuant to the contract. Breakout Sessions 4. Individual and Tribal trademarks, Copyrights, 1. Basics of Construction Law on the Navajo Nation and other Intellectual Property Rights Presenters: Christina West and Stevan Looney Presenters: Brian Lewis and Rebecca Parish

This session will provide an overview of con- This session will discuss Navajo and federal law struction law in the Navajo Nation. Topics in- on intellectual property rights for individual Na- clude licensing requirements in the Navajo Nation, vajos and the Navajo Nation. The panel will spe- common RFP and bidding issues, payment and per- cifically discuss the rights of Navajo artisans to formance bonds, subcontracting issues, and com- their designs, and the right of the Navajo Nation mon issues arising from enforcement of contracts, to trademark the term “Navajo,” with particular plans and specifications. The presentation will also attention to the recently filed lawsuit by the Nava- provide an overview of the challenges of enforcing jo Nation against Urban Outfitters. contracts in the Navajo Nation, including arbitra- tion of claims, jurisdictional issues, and the Navajo 5. Practical and Ethical Considerations in Operat- Nation Sovereign Immunity Act and Navajo Nation ing a Small Law Practice (1.0 hour Ethics CLE Arbitration Act. only) Presenters: Peterson Wilson, David Barrow, Judy 2. The Intersection of Federal Labor and Navajo Em- Apachee and Shiloh Hoggard ployment Law Presenter: John Lomax This session will focus on ways in which attor- neys and advocates can establish good business This session will review the intersection of two fed- practices that will enable them to provide the best eral laws -- the National Labor Relations Act and possible service for their clients. The necessity of the Fair Labor Standards Act -- with Federal Indian balancing professional, ethical and practical ele- Law. The session will also review whether and how ments of running a business can often make this those laws apply to the Navajo Nation government, a challenging process for lawyers and advocates. tribal-owned entities, and private employers doing The session will also discuss steps and consider- business on the Navajo Nation. It will also include ations that should be addressed in the course of a review of the basic purpose of the federal laws and establishing and maintaining a law practice. how they may or may not relate to Navajo laws. Thank You to Our Sponsors and Contributors

Sponsors Bienvenu LLP Commission on Navajo Government Development Sacks Tierney, P.A. Barudin Law Firm, P.C. Snell & Wilmer Frye Law Firm, P.C. Sutin, Thayer and Browne Fort McDowell Yavapai Nation Greenberg Traurig, L.L.P. Scholarship Contributors Hufford, Horstman Mongini,Parnell & Tucker, P.C William Battles Indian Law Section of New Mexico State Bar Ted Barudin Joseph C. Hibbard Malcolm Begay Luebben, Johnson & Barnhouse, L.L.P. Diandra D. Benally Mason & Isaacson, P.A. Sutin, Thayer and Browne Navajo Engineering & Construction Authority Anonymous Contributors Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg &

2012 Award and Scholarship Recipients

2012 Lifetime Achievement Award Recipient Scholarship Recipients Nona Lou Etsitty Paul George Letitia Stover 2012 Member of the Year Award Recipient Elerina Yazzie Troy A. Eid

2012 Awards and Conference Committee

Awards Committee Conference Commitee Judy Apachee Rodina Cave Roderick Begay Martha Dailey Ruby Benally Paul Frye Rosa Maria Cortez Patrick Mason Barbara Lucero Paul Spruhan Yolanda Wauneka Diandra D. Benally

Board of Commissioners, Officers, and Staff

Commissioners Officers Theodore Barudin, Window Rock District Diandra D. Benally, President William Battles, Window Rock District Heather L. Clah, Vice President LaTonia Becenti, Window Rock District Karis Begaye, Secretary Jennifer Balin, Window Rock District Michelle Begay, Treasurer Mary Modrich-Alvarado, Window Rock District Justin Jones, Shiprock District Staff Matt VanWormer, Shiprock District Martha Dailey, Association Manager Lorenzo Shaw, Crownpoint District Yolanda Wauneka, Administrative Assistant Mariana Kahn, Crownpoint District Russell Sacks, Ramah, Alamo, To’hajiilee District Shiloh K. Hoggard, Tuba City District Peterson Wilson, Tuba City District Victoria R. Yazzie, Kayenta District