Arizona Advocate, Vol. 26, No. 2 (October 1993)

Item Type text; Periodical

Authors Student Bar Association, College of Law, University of Arizona

Publisher College of Law, University of Arizona (Tucson, AZ)

Rights For non-commercial educational or personal use only. All other rights reserved.

Download date 04/10/2021 08:00:44

Link to Item http://hdl.handle.net/10150/611325 ARIZON~ ADVOCATE University of Arizona College of Law Volume Twenty - Six Number Two October, 1993

INO IHN SUMMER TOHONO O'OOHAM NAT ION NATION By Richard Guest By Julia Corty I ar rived in Sells, the heart of the Tohono There were seven of us sitting in the large O'Odham Nation , to begin a summer internship as a courtroom on the second floor of the Cherokee lay advocate in the Tohono O'Odham Advocate Nation capitol building in Tahlequah, Oklahoma. Program. I Wt:lS full of onticipt:ltion. I hoo been Our teocher and supervisor , Choo Sm ith , began r ecently admonished by a law professor to "get speaking. " 1540- The Spanish explorer Hernando about the business of being a lawyer," if indeed I de Soto and his party are diSt.."''ver ed by the was serious about the practice of law. I naively Cherokee in their homeland." This was our thought that I was ready and able to meet the introduction to history from a Cherokee chall enge. No one had told me that in Indian country perspective. We learned about how the Cherokee the " seam less web " of the law was the sticky and Nation lost its homeland in North carolina and patternless web of the blacK. widow spider. through a series of treaties with the For the uninitit:lted, the Tohono O'Odhom Tribe is English ond loter the United Stt:ltes. We morvelled a " oomestic dependent nation " with "limited at the knowledge that one out of every four people sovere1gnty" to oversee the affa1rs of 1ts people. on the "Tra11 of Tears" was black. We were Th is sovereignty affords the Tribe an· opportunity amazed that in 1821 , George Guass ( ) was of self-government: the establishment of able to create a syllabary that enabled the Cherokee executive (Tribal Chairman), legislative (Tribal to attain a 99~ literacy rate within 20 years. We Council) and judicial (Triba·l Courts) branches. leaned names like John Ross, , Ned The Tohono O'Odham reservation borders Tucson to Christie, and Redbird Smith. Most of all, we felt the eest, Ctr>...t:l Grande to the north, Ajo to the west connected to a group of people who have been e and Mexico to the south. The government offices nation since time immemorial. and courts are located in Sells, approximately 60 As I listened to Chad in that courtroom I reflected miles from Tucson. on what brought me to the for the The Tohono O'Odham Advocate Program was summer. I've always hoo an interest in Indian law. established by the Tribal Council to meet the legal The availability of courses in Indian law had been needs of its members , in both civil and criminal one of the things that attracted me to the matters. Unless there is a conflict of interest, any University of Arizona's law program . I'm also a member of the Tribe can seek free legt:ll counsel citizen of the Cherokee Nation. Spending the through the Advocate Program in any action, summer in Oklahoma would serve two purposes: I see Tohono, pg. 5 See Cherokee, pg. 9

---- -=D'~cfta=,e"d, b~ the Daniel F Cracchtolo Law library, lames E. Rogers College of Law, University ofArizona. All Rights Reserved. ARIZON~ ADVOCATE HT THE LHW SCHOOL ••• Phi Delta Phi Christian Legal Society Phi Delta Phi, the International Legal Fraternity, Is sponsoring Lunch gatherings every Monday the Annual Food Drive/Raffle for at noon in room 126. Lunch is The Student Newspaper of the Community Foro Bank from FREE! the University of Arizona October 18th through November 18th. Per usual there will be College of Law Bible Stuct{ every Friday tremendous raffle (602) 621-1413 morning at 8:00 a.m . in room prizes for 126. Open to everyone. those who bring in three items of non- per ishab Je fcxxj, Editor-in-Chief including Law-In-A-Flash Bake sale, Monday, October 25, sets, Firebird Raceway tickets, oil 1993. 00 Tracy Earl changes, manicures and other \P)dies. There will also be a special prize for the two first­ Assistant Editor year small section classes I ntemational Law who donate the most food. There is no Pogo Overmeyer Society limit to the number of raffle There will be a conference on tickets one can amass. Items will the North Americt~n Free Trode be collected during regular bagel Copy Editor Agreement ( NAFTA) entitled: sale times and during the noon Emerging 6 lobal hours the rest of the wee". oo Barbaranne Schuy 1er Opportunities or Collis ion Course with Disaster. Participants i nclude : Staff Congressman Jim Kolbe ( R. Maria Aguilar Arizona) , Ambassador Jack Paul Bates Binns ( Honduros, ret.), mi COPY CENTEI Monica Cavazos Professor David Gantz ( UA College of Law), Professor Offering a full range of Reprographic Servia Julia Carty ·1rasema Coronado ( UA Udall Guy Fimbres Center) , Professor Art Silver Tyler Grancis (UA Economics), Mr. Dick Camp Bob Gary (Border Ecology Project), and Mr. Steve Valencia Richard Guest (Jobs with £DI Justice). The conference will COPY CENTER Patricia Lewis take place on Friday, November Offering a full range of Reprographic Services Michael Masee 5, 1993, from 3:00 - 5:00 Enlargement & Reduction Jim Nesci p.m . at the College of Law, Room Book Copying Fred J. Thiele 146. For further information , Binding call (602) 882-6757. oo Transparencies Bret Whipple Fax Service Chuck Whitehead Resume Stock Color & Card Stock Diskettes Debit Cards Coming Soon • Business Cards!

Pickup & Delivery Available Quality Service • Prompt Turnaround Time ARIZON~ Roorn 9...11 • College of L..-· 821-2527 ADVOCATE 2 . Digitized by the Danief F. Cracchil o Law Library, Jame. E. Rogers College of Law. Unrverst ofAnzona. AI/Righ.=ts=R=ese= rv=ed.=, ---~~- The Left us. The Right - Pogo and Fred Debate The 1ssue or: JAMES HRMM: Should a Conuict Be a Law Student? By Pogo Ouermeyer By Fred Thiele It is interesting that James Hamm has had more James Hamm was a man on a mission. It was a column inches in newspapers written about his Saturdf!Y in September nearly 19 years ago, and entrance to the Arizona State University Law Hamm and an acquaintance had devised a scheme to School than he had on his original crime of murder . rob two young men of $1 ,400 by luring them into Nearly twenty years ago, Hamm put two bullets a bogus drug deal. The two victims drove Hamm through a man 's head during a drug deal that went and his partner to the outskirts of Tucson , sour. Today , Arizona State legislators and others presumably where the deal would take place. Since are having whole herds of heifers over the fact that Hamm would be supplying no drugs, which was Hamm has been admitted to law school. Everyone is becoming increasingly apparent, the tension level bellowing obout the need to keep the legol in the car wos building. Suddenly, Hflmm and his profession pristine. Legislators scream that if partner drew their weapons and began firing a hail ASU Law School administrators are not going to dO of bullets at their victims from point-blank range. it , then there will be no ASU Law School as state Hamm killed the driver with two quick shots to the funding would be completely stripped. People head. write letters to local newspapers decrying the fact Wtry the recitation here of the facts surrounding that Hamm has been admitted to law school . What this grisly crime, you might ask? The reason is the hell is wrong with those ASU admittance that many of these details were conspicuously personnel to let such a scumbag into law school? ebsent from the vast majority of news accounts As everyone knows there are enough scumbags in covering this story. Most of the press on Hamm the legal profession now; thus there is no sense in seems to sanitize his abominable act by giving letting another scumbag, let alone a convicted brief, almost tangential treatment to the crime felon , become a member of the profession. The itself and focusing instead on what a swell guy he rhetoric flies as to whether or not Hamm is fit to has turned out to be. In some of the articles it's be a law school student and an attorney. What is even difficult to tell whether they're talking about most telling of the whole controversy is the a convicted first-degree murderer or toasting the reaction of Hamm 's fellow first-yeor low Arizono mon-of-the-yeor. students ... nothing, a big yawn. Some mf!Y Sf!Y that these dark facts are rightfully The bigger issue that has arisen from the relegated to obscure footnotes, that what matters controversy is what types of qualities should law most now is that Hamm is currently leading an school admissions committees look toward when exemplary life. Hamm's past is relevant, they are deciding whom to admit. Those who argue however, because human beings are the sum of against affirmative action are quick to state that their experiences. He has demonstrated that he is only objective qualities should be considered for capable of committing the most heinous crime admission. The LSAT score and the undergraduate ogoinst humonkind, premeditoted murder, flnd GPA should be the sole determining factor . Other although we embr~ his contrite heart and factors such as life experience, color, race, endeavor to forgive him, we cannot soon forget his religion, gender, etc., should not be considered at sin. Far from being a case of "youthful all because subjectivity will only get in the Wf!Y of indiscretion," the then- 26-year-old Hamm 's act a good decision. If this means that only white males was one of sheer evil. will attend law school, so be it. But when the issue Those who support the admission of Hamm to the of Hamm 's admittance to law school came to the Arizona State University COllege of Law argue that ottention of the public, the objective qualifications he hes poid his "debt" to society, end thflt his test for Jaw school admittance had to be discarded if gr008-point average and LSAT score qualify him one wanted to argue against Hamm 's admission. for inclusion in this year's class. The import of See Pogo, pg. 6 See Fred, pg. 11

3 ---- -=OJgitaed by the Daniel F Cracchiolo Law Library, James E. R"ge• s College of Law., University ofAraona. All Rights ReseJVed. Model Rules or Uniform Laws: Are They Really Law? By Harbaranne Schuyler adoption laws in areas where that the proposed law is likely to What are" uniform laws" and uniformity among states would be modified by each state to suit "model oct5"? Where do they be beneficial. The Conference its particular needs, the come from? Who drafts them? functions quite 1ike a approved draft is designated as a What differentiates a "uniform legislature: committees are "model act" and is presented to law" from a "model act"? Are formed to review specific areas the state legislatures by the they federal or state law? Are of the law and draft a possible Commissioners on ~n ~isory they binding in all uniform law; outside experts basis only. jurisdictions? and groups potentially affected Professor Henderson has For most law students. the by the proposed Jew ere served on numerous committees phrase II uniform law" would, at consulted during the drafting during and prior to his tenure as best , ring only two bells: process; each "act" drafted is an Arizona Commissioner. Uniform Commercial Cede and then subjected to at least two Beginning with his stint as the Uniform Probate Code. Few are line-by-line readings by the reporter on the Uniform Motor aware of the multi-volume entire membership of the Vehicle Accident Reparations Act green and gold Uniform laws Conference (one reading per committee in 1971 (no-fault Annotated which contains the annual meeting) before a insurance). Henderson had also 150 + laws drafted by the revised draft is epproved. served as the reporter on the N~t i ono 1 Confe renee of However, unlike a legislature, Uniform Periodic Payment of Commissioners on Uniform State Judgments Act and the Uniform Laws since 1892 and adopted by Euen fewer students Rules of Evidence Act at least amendments committees. one state. Even fewer are aware that one of Over students are aware that one of the years he has also both Arizona's four Commissioners Rrlzona's four chaired and served on other for the past 1 3years is our own Commissioners for the committees, including the Torts and Insurance Law maven. past 13 years is our Uniform Health Cere Decisions Roger C. Henderson, who kindly own Torts and Act committee. The committee consented to explain the II who­ reporter is given the task of what-why-where-when-how" Insurance Law mauen, researching and drafting the of the uniform laws/model acts Roger C. Henderson. proposed law so reporters are process. traditionally appointed in their As noted above, the National area( s) of expertise. Although Conference of Commissioners on approval by the Conference does the reporter is responsible for Uniform State Laws was not make the act law -- this is drafting the law, the other five established in 1892. Eoch state up to each state's legislature. or six committee members also is represented at the annual Once the act has been approved provide input and can Conference by four (or more) by the Conference, it is up to the "overrule" some or all of the Commissioners appointed by the Commissioners to introduce the reporter's draft. Henderson Governor to six-year terms. act to their state legislatures explained that reporters tend to The Commissioners are and labor to have the act adopted be law professors largely due to attorneys and judges who and passed into law. If the act is the nature of academia: a law practice in, preside over. or designated as a "uniform law" professor hos on oreo of teoch any and all areas of law. by the Conference, the expertise defined by hior her The function of the Conference Commissioners vigorously urge teaching and publication, has has rema1ned the same for 1o 1 its passage "as is" by the state access to a substantial law years: draft, approve, and legislatures. However, if the library, can hire law students as promulgate for individual state consensus of the Conference is See Uniform, pg. 7

4

Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of Arizona. All Rights Reserved. Bienuenidos a La Raza By Monica Cauazos The La Raza organization is the newest club to enter the low school scene. Initially the club wos established to be a support group for Latino students. Latino students needed a place to voice the disappointments they encountered in law school, from feelings of frustration and alienation that seem to be common among Latino students, to the problems encountered when interviewing with predominantly white f1rms. La Raza provided that outlet. Since then La Raza has grown to encompass the Sink your teeth outside world. For example, one of the most into a Bookman's Classic, piled high with your favorite books, music disturbing issues facing the Latino community is and magazines. the fact that its children are failing in school. BUY • SELL • TRADE NOW dropping out of school, and filling the jails. These SERVING DAILY FROM 9AM TO IOPM are our brothers, sisters, cousins, and 3373 W. INA RD. • 579-0303 1930 E. GRANT RD. • 325-5767 friends .. . how can we help? La Raza's primary goal has changed. Not only is La Raza a support group for students in the law sChool, but the goal has expanded to help Latino children get through school and get an education. This past summer La Raza members devoted some of their time to go to a west Tucson high school and speak to students that were having problems in school. La Raza students stressed the positive benefits of steying in school end striving to be the Tohono, from pg. I best. We also emphasized that the most powerful whether they are plaintiff or defendant, in a suit asset they can ever have is an educated mind. With brought in the Tohono 0 'Odham Courts. nowledge, they themselves will be able to open the Upon my arrival in Sells I met with Margo doors they need to get ahead. Cowan, the staff attorney to the Tribal Chairman. One of La Raza's primary goals is· to help the She introduced me to the staff of the Tohono children of the Latino community be proud of their O'Odham Advocate Progrem : Duone Two- Two wos culture and help show the world that not all Latinos the senior lay advocate, eight years of experience ore bondits, gang members, or blue collor as the tribal prosecutor and five years in the workers. La Raza members will strive to achieve advocate program, whose primary responsibility our dreams and exemplify to Latino children that was the adult criminal cases ; Cheryl Lopez was the they can also do the same. La Raza members invite only other lay advocate who still considered herself all who want to help in our cause and to share in "in training", despite her two years in the our heritage to please join. We are few, but our advocate prooram and her proficiency hopes are in handlino high. oo the juvenile coses. It was then explained to me that there was no longer a supervising attorney. That position had been vacant for nearly eight months. It appeared the advocate program was in transition and seeking to maintain a level above water until attorneys could be found to fill vacated positions. See Tohono, pg. 10 • The New Dean interviewing seminar she will considered to have paid his discuss various interviewing II debt" to society. After the techniques and toctics. prisoner has paid his debt to in Town Her second goal is to promote society, his status is to be By Chuck Whitehead the school and the students to returned to where it was prior Karen Waterman recently various employers. The target to his crime. Rer,abilitation was joined the Law School faculty as areas are Tucson, Phoenix, ond thought to help the convict not Assistant Dean for Career other cities in the Southwest in only pay his debt but to make Services. Prior to her which students have expressed him more f1t to return to acceptance of the position et the interest. Students interested in society, such as providing an law school, she specialized in these seminars should sign up on education, working skills, litigation at the law firm of the bulletin board outside of mental health services, and Brown and Bain. Her the other rehabilitation as was credentials also include clerking Career Services Office. needed. Unfortunately. there is for the Honorable William 00 little if no rehabilitation in Browning, Chief Judge of the prisons today. And once a person United States District Court in Pogo, from pg. 3 is branded a "felon" life will Tucson. She attended lew school You see, Hamm scored in the never be restored to where it at Cardozo Schoo 1 of Law in New 96th percentile of the L&\T and was prior to the crime. Sadly, York where she also clerked for had a very high GPA. He is what society prefers revenge to several firms and the United is termed an ~~automatic admit" . restitution. Society continues to States Attorneys General's Office So much for finding an argument punish the criminal long after for the Southern District of New against affirmative oction that the "debt" hos been peid. York. Before attending law would also keep someone like And this is exactly where school. she was Assistant Hamm out as well. Back to the Hamm fits in. Hamm knows his Treasurer at J.P. Morgen, drawing boards. chances of being admit ted to the consultant to the Personnel · The seemingly compelling bar are about as good as a Department at the University of argument is that a convicted snowball's chance in Dante's Pennsylvania , and a marketing felon should not be allowed to go Inferno. But there are many representative for IBM . to lew school or become a things which Hamm will be able In her position as Assistant member of the bar because a to do with his education. HBmm Dean for Career Services, Karen felon hE!S committed El crime wants to help out other Waterman 's pr imary goal is to against the very laws he will be prisoners, which he has already E~Ssist students in finding defending. But we need to think oone by working with his wife in employment. To accomplish this about the very reasons we have creating a prisoner advocacy she will be holding seminars on punishment. There are four program, Middle Ground. Hamm basic job hunting skills and areas : incapacitation, wants to work with the interviewing. In the job hunting restitution, deterrence (specific underprivileged a nd workshop she will discuss and general), and rehabilltation. disadvantaged. Hamm wants to resumes, cover letters, Rehflbilitation WE!S not a reason make rehabilitation within the strategies, and what types of for or part of punishment until prison system more than just a employment students should the early 1940s and was never pipe dream . If one considers seek. Ms. Waterman said that really given much attention, that nationwide we are because of the poor economy, beyond lip service. Restitution incarcerating people at the students should consider sending is not revenge, but is often highest rate in our nation's resumes in batches of fifty or considered the II debt" owed to history, Hamm represents the one hundred and that an society for the "cost" of the best that a prison system can employer response rate of two crime. The convict is to serve proouce in terms of restitution percent is good. In the his punishment and is then See Pogo, pg. 11

6 Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of La~ University ofArizona. All Rights Reserved. (or1g1nally proposed c1rca date, the h1ghest rates of Uniform, from pg. 4 1900!), particularly important aooption belong to the Uniform research assistants to help on in light of the recent Baby Commercial Code ( 45 states, the project, and does not have Jessica fiasco, and the Uniform D.C., and territories), the the OOded burden of trying to Limited Liability Company Act. Uniform Probate Code ( 15 balance committee research The drafting committee for the states), the Uniform Controlled with clients' needs. Iotter is working closely with Substances Act ( 48 states, D.C., The National Conference Is the Internal Revenue Service to Puerto Rico, and territories), held annually, one week before craft a law that Is more and the Un1form Trade Secrets the American Bar Association serviceable than the random Act ( 36 states and D.C.). meeting. Last August's week­ application provided by some As previously mentioned, the long Conference was held in states' existing laws. Professor National Conference of Char 1est on , South Caro Iina and . Henderson is currently chairing Commissioners on Uniform State saw the approval of several new the Tort Reform Proposals Laws operates similarly to a acts: The Uniform Health Care committee which is looking into legislature, except that the Decisions Act (living wills); the issues such as punitive damages , "laws" the Conference approves Uniform Statutory Construction first party bad faith, and have no legal effect until they Act (statutory interpretation); products liability. Henderson is are adopted by a state and the Uniform Correction and not optimistic regarding any legislature. A nether Clarification of Defamation Act. state's adoption of a uniform dissimilarity between the Professor Henderson pointed to products liability act, should the Conference and a state or federal the latter act as being of special Conference actually draft and legislature is that Conference interest in Arizona because the approve such on oct. Given the members work pro bono. From Arizona Supreme Court has congressional discord on the the appointed Commissioners , to declared the state's retroction issue at the national level it committee members who must statute unconstitutional . Acts does not seem 1ike ly t'hat meet two or three times each st111 "In progress" this year consensus would be any easier to year, to members-at-large who and eligible · for possible achieve on a state level. attend only the annual approval at next year 's Uniformity of law among Conference , all dedicate Conference include a revision of states is becoming more and substantial time. effort. and UCC Article 8 and an addition to more desirable , notes expense to bettering the the Uniform Controlled Henderson , largely due to the efficiency and application of the Substances Act, Article 5 ( re increasing mobility of the law . [Professor Henderson has civil forfeiture) . The latter is American population. Uniform alreacty served two terms as a particularly satisfying to the laws were not as crucial when Commissioner and is committed Conference in light of recent the average citizen was born, to serving still another six-year U.S. Supreme Court decisions lived, and died in the same state. term .] Their reward comes decrying the lack of now, when it is not unusual for when their t1me and effort is proportionality in civil people to rel~te 3eVerol times codified by ot leost one stote -­ during forfeiture actions. the same their lifetime, when what started out as a Jaw view the Conference has held all unforeseen legal problems can reform idea in committee along. arise, especially in areas such becomes a state Jaw in reality. Several other potential as business transoctions , uniform laws have been "in the probate , living wills, marital property works" for several years and rights, and adoption. may still be several more years Some uniform laws are easier away from approval by the than others to convince states to aoopt , primarily because Conference. These include the of the Uniform Adoption Act universality of interest. To

7 og " College of Law, Umversity ofArizona. All Rights Reserved. Book Reuiew YOU HAVE Is It Liberty and Justice COME TO THE For All or For Some? RIGHT PAGE By Pogo Ouermeyer [>Photo-Direct or Metal Plates As most every student knows, the Chief Justice [>From SIMPLE to COMPLEX of the United States Supreme Court, William [>Multi-Colored Printing Rehnquist, will be teaching a class here next [>Brochures spring on the Supreme Court's role in the history [>Booklets of the United Stete3. I thought it would be appropriate to find some books which were [> Newletters recently written on the subject so that fellow [>Flyers students who wish to take his class can be ready [> Letterheads with some hard questions about his and other's [> Envelopes versions of history. Thus, the next couple of [> Business Cards columns will deal with the books I was able to find. [> Carbon less Forms I suggest you get your hands on a copy of all three tmd reed them prior to teking Justice Rehnquist's course. It will make things very interesting. W!tll L f!Jer(v and Justice for some, A Cntfque or t!Je Conservative Supreme Court, by David Kai rys, is a hard-hitting book that delves into the various arguments which have been advanced by the 1701 North First Avenue ..to. Tucson, Arizona ..to. 792-3998 conservative justices of the Supreme Court. But Kairys does not stop at just the legal reasoning of the conservotive justices. He olso onolyzes vorious the city and upheld by the Supreme Court. I dare opinions that were advanced by the liberal justices say that even fewer know about the internal memo prior to the Reagan-Bush oominated Supreme then-law clerk Rehnquist wrote to Justice Jackson Court. What he .has accom p1 ished is to show just urging the approval of an all-white Democratic how legal reasoning and opinion have or have not primery in Texas because " [ i]t is about time the shaped the course of American history in the area Court faced the foct that the white people of the of civil rights. Besides analyzing the various south don't like colored people" . These are just a opinions, Kairys offers his own solutions to few of the tidbits thrown into the analysis in order problems which continuelly haunt and plague the to show the true colors of our judicial system and nation as it struggles to define civil liberties. the lip service it plays with civil rights. Kalrys nrst approacnes var1ous areas w1tn a Kairys tells the reader that he wishes his book to behind the scenes look at the real people and events expose the illogical thinking of both conservatives that shaped the various court cases. Few people and liberals in the erea of personel civil rights have ever taken the time to really know the without the legalese that a lay person cannot background of the cases. Who among us knows how understand. His style of writing is easy to read, students were required to salute the nao in West even when he sometimes forgets to write in non­ Virginia when the Barnette sisters become the legalese. The layout of the book is easy for the center of attention in Barnette v. West Virqinia average lay person to grasp. He has set out each Board or Education, 319 U.S. 624 ( 1943)? 1 chapter to deal with a specific area of civil would imagine that most people know little about liberties: citizenship responsibilities. freedom of the appendix attached to the opinion in tlemp/ns v. expression, participation in the politicel process, Oree.ne, 451 U.S. 100 ( 1981 ) and how it laid out religion , equality, privacy and due process. Eoch the pattern of racial discrimination enforced by See Liberty, pg. 9

8 Digitized by the Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University ofArizona. All Rtghts Reserved. Uberty, from pg. 8 chapter neatly nows into the The Cherokee Nation views the rights in the fourteen county next one, without making the summer intern positions as an boundary area of the Cherokee mistake that freedom of opportunity to educate law Nation. Other projects included expression is somehow not students about Indian law as well looking at the history of the related to due process. The as to "get a little work out of Cherokee courts, writing an conclusion is just as easy to you." This means thot there is e eppellete brief, researching the follow. The thought put into the lot of time spent in training. sale of the and reader's ability to be able to Our first week or the ten week (remember the follow the analysis shows Kairys program was spent getting Oklahoma land runs?), to be quite skillful in both the ocquainted with the Nation's examining tax issues associated language of the lawyer and the court system, which is composed with Cherokee Nation smoke Jay person. of a district and appellate court; shops, and researching economic David Kairys is a Professor of meeting directors of the various oovelopment issues. Law at Temple University Law social ond economic development The summer was filed with School. Considered by mony to prcx;Jrams; and getting oriented numerous social activities. be a leading Constitutional Law in Tahlequah. Most of the second There was a scholar and a leading civil rights week was spent in Tulsa summit in June, Redbird attorney, Professor Kairys attending the Sovereignty Smith's birthday celebration and recently represented an Symposium, an annual meeting a (traditional African-American FBI agent in a of Indian leaders from around Cherokee dance) in July, and a lawsuit for racial harassment. the country who gather to noat trip on the Illinois River in The FBI lost the case. W!I!J discuss issues of concern to the August. In my free time I was L lberty 8/Jd Justice for Some: A Indian community. During our able to visit many sites of Cnlique of Tile Conserv8tlve third week we were given a historical significance to the Supreme court (David Kairys, course in Cherokee legal Cherokee Nation and do The New Press, New York, history. Not only did we learn genealogical research in the 1993) is available at most about the history of the tribe, archives of various libraries bookstores or can be ordered but we also discussed and historical societies. from W.W. Norton & Company , contemporary issues that the I recommend the Cherokee Inc. 500 Fifth Avenue, New tribe must deol with. These Netion summer internship for York, New York, 10110. Price included such topics as: Does the anyone who is interested in is $25.00 for hardback. The Cherokee Nation have a Indian law. That Nation wants to softback edition is not yet reservation in Oklahoma?; What hire a broad range of students to availab I e. oo are the taxable attributes of the work as 1994 summer legal Arkansas River, which the interns. Keep in mind that the United States Supreme Court Cherokee Nation is an Indian recently decided the Cherokee Preference e m pi oyer. Cherokee, from pg. 1 Net ion owns o portion of?; Preference in hiring is given to Should the Cherokee I could gain valuable experience Nation enrolled members of Indian change in legol research ond . writing its citizenship tribes. For more information on requirements?; and I could spend time ooing and When the internships, call Stephanie should the Cherokee Nation Birdwell some geneai(X]ical research. In take at 918-458-9447. oo custody of a child early May I decided to accept the under the Indian Child Welfare Act?. offer to work at the Cherokee The rest of the summer Nation for the summer. was spent on legal In Tahlequah, I was immersed research. My project was to research in Indian Jaw for what seemed Cherokee hunting and fishing like twenty four hours a day.

9 -----=D1glt1zed by the Daniel F Cracchiolo Law library, Jame E. Rogers College of Law, University ofArizona. All Rights Reset11ed. put to ~ use. As my time unlawful possession of alcohol Tohono, from pg. 5 freed, I was given the by consumption. I was given my Despite this foreboding news, I opportunity to begin initial personal copy of the Arizona felt that given the level of interviews with clients on civil Rules of Court and expected to be experience and proficiency matters, observe and conduct effective counsel. I found myself exhibited by the lay advocates I some pre-trial interviews with almost daily in the Tohono would manage to learn about the criminal defendants, ond begin O'Odham ooult and juvenile Tohono O'Odham criminal representing refendants at retention facilities. I was having justice system while I handled arraignments. to th1nl< on my feet and learn by the primary task of off-loading No sooner had I eased into the the seat of my pants. the huge backlog of civil cases. routine when I fell face first Due to crtlitional extenuating Thus. I began to dive into the two into the black widow's web. circumstances, on a few huge files containing over two Duane Two- Two had taken his occasions I was the only advocate hundred civil cases ranging annual leave. The majority of at the office to handle the from divorce actions, to his cases were continued until workload for the day. In short, I probates, to guardianships, to his return. I had assumed found· myself in and out of court child support, to "you name it, responsiblllty for a few bench having to respond and react to . we got it." trials involving civil disputes situations for which I wasn't I also quickly learned that and traffic violations. Up to this prepared. I attempted to even on its face, the scales of point my duties only required understand court rulings which justice were not neatly balanced. the ability to fill in pleading found a defendant guilty of DUI if As I was shown around the forms and say "not guilty" and it was determined that he had various departments. I was "bench (or jury) trial." The consumed anv amount of alcohol impressed . that most of the finer points of pre-trial prior to driving. I began to see employees were Tohono litigation, basic trial practice how pollee reports often may not O'Odham . It appeared that the and application of the reflect accurately the affairs of the Tohono O'Odham evidentiary rules were not yet a circumstances surrounding a Tribe were being attended to by part of my legal arsenal. search and seizure or confession. the Tohono O'Odham people. The Duane Two- Two suffered a Yet the experience of being in one glaring exception was the llfe-threatenino medical a position of responsibility, a Prosecutor's Office. Of the emergency which would sideline position in which clients three prosecutors, not one wos him for the rest of the summer. repenCed upon my ski 11 and Tohono O'Odham . All three were Without an experienced law knowledge, taught me an non-Indian law school graduates advocate to supervise me I was invaluable lesson: Law school with varying degrees of legal thrust into the dark and offers me the opportunity to experience and bar certification. foreboding world of learn the law; not in the Gratefully I determined my representing criminal abstract, but for the sake of real duties would be limited to the defendants through every stage: clients with real interests. The civil cases, so the imbalance of initial a ppearances, frustretion of my summer experience ond education arraignments, pre-trial experience inrelibly marked the wouldn't affect me directly, or Interviews, plea offer challenge ahead. oo so I thought. I quickly made n~tiations, depositions of headway in drafting letters and police officers. witness making phone calls to the extent interviews, trial and post-trial that the majority of civil cases motions. were either re-activated or I was Introduced to the Tohono closed within a short period of O'Odhom Law and Order Code in time. My torts, property and which I discovered ordinances contracts education was being such as criminal slander and

10 Digitized by the Daniel F. Cracchiolo Law Library/ James E. Rogers C( f/ege of Uw. University_ of Arizona. All Rights Reserve,_d. ---~~- Fred, from pg. l licensed lawyers. of Judge, Jury, and execut loner their position is that The fact once a that ex-felons cannot on that fateful September day in person "does his time," vote or the become stockbrokers, 1974, he forever surrendered a repentance for process is complete example, demonstrates that part of his humanity and , with and the society person should have does not favor a full that, his chance to enjoy all of unimpeded access to all the restoration of pre-conviction the privileges of citizenship. He world has to offer. To deny rights and establishes o can't own a gun or vote, omong opportunity on the bosis of ex­ precedent for Bli:ling new items other things, and I submit that convict status, they contend, is to the 11st of proh1b1t1ons. Being he should 111

11 ------=I)Jflitized b the Dame/ F. Cracchiolo Law Libra~ James .. Rogers College of Law, University ofArizona. All Rights Reserved. Pogo, from pg. 11 The Student Bar that you don't know about? Are Association they any more worthy of being of the University of admitted to law school because Arizona they haven't been found guilty College of Law and sentenced to prison? Kudos to the admissions committee at ASU for understanding that one cordially invites you to attend can pay a debt to society and then the First Annual Barrister Ball become a productive member of Saturday, November 13, 1993 it. At least they had the guts to put their money where their at 8 o'clock in the evening mouth is. oo The Westin La Paloma Resort 3800 East Sunrise Drive Tucson

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Digitized by the Daniel F. Cracchiolo Law library, lames E. Rogers College of La~ Universi_ty of A oua. R<,____