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Attorney
By
Attorney
Career Profiles of the Profession
Who?
What?
Primary Practice Area & Subspecialty Fields:
Indian / Native American Law
Litigation.
When?
Years in Practice Area:
Since 1971
Years in the Legal Profession:
Since 1971
Where?
Employer:
Holland & Hart
www.hollandhart.com
Size/Sector:
My practice is nation-wide
City/State:
Boise, ID
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Law School:
University of New Mexico, JD (1971)
Undergraduate School/Degree:
University of Idaho, BA (1969)
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Why?
Pluses/Challenges of Practice Area:
Indian tribes are both governmental as well as business entities.
Besides representation in areas of treaties, sovereignty and unique
issues of Indian law such as gaming and hunting and fishing rights,
there is a need for a wide range of expertise in other areas as
well. Traveling to Indian reservations and meeting with tribal
people and leaders is always a plus for me. Indian tribes are
diverse in almost every respect and so each visit is an educational
experience.
Core Skills/Key Knowledge Needed in Your Practice Area:
Besides knowledge in the areas of Indian law and litigation there
is a very real need for an understanding of a tribe's history,
culture, religion and values since they all affect how the tribe
deals with particular issues. There is a very real need to be
able to not only communicate with tribal leaders but to relate
to the issues they deal with and the work that they do.
Advice to Lawyers and Law Students Interested in Your Practice
Area:
Learn the basics very well. I'd recommend gathering some intense
litigation experience right out of law school - whether someone
goes into litigation in the long term or not, that experience
is invaluable in shaping analytical thought processes in a way
that is very valuable in all legal work. It is important that
you understand your role as an attorney and the role of tribal
governments as your clients. Understand what they do and why they
do it.
How?
Career Path to Current Position:
As a member of the Nez Perce Tribe and prior to joining Holland
& Hart, I served ten years as Chief Counsel in the Nez Perce
Tribal Executive Committee's Office of Legal Counsel. I previously
represented the Confederated Tribes of the Umatilla Indian Reservation
and other Indian tribes on a wide range of issues during the time
I was in a solo practice from 1975 - 89. I worked as a staff attorney
for the Native American Rights Fund in Boulder, Colorado, from
1972 - 75 and was in the U.S. Department of the Interior, Solicitor's
Office, Honors Program in Washington, D.C. in 1971-72. I have
also taught Indian law in a variety of contexts including the
U.S. Indian Police Academy, various law enforcement agencies,
and as an adjunct professor at the University of Idaho, College
of Law during the 2000 spring semester. I currently serve on the
Idaho Supreme Court's Fairness and Equity Committee, and the Tribal/State
Court Judge's Forum established by the Court. I am a member of
the Idaho Law Foundation's Continuing Legal Education Committee.
I am President-Elect of the National Native American Bar Association,
on the governing bodies of the Indian Law Sections of the New
Mexico and Idaho Bar Associations, a member of the University
of New Mexico School of Law, Indian Alumni Council and secretary/treasurer
of the Indian Land Tenure Foundation Board of Directors. I serve
as a Judge for the Tulalip Tribal Court of Appeals.
Influences and Mentors:
My grandfather, Corbett Lawyer, who was born in 1877 the year
of the Nez Perce War, was a self-educated expert in Indian law
and was key in establishing the current form of government for
the Nez Perce Tribe. My step-father, Norman Rogers, Jr., and the
Superintendent of the high school I attended, A.J. Malcom, apparently
saw a future in law for me and urged me in that direction.
Suggested Reading About Your Practice Area:
There are few short reads on Indian law in general. Cohen's
Handbook of Indian Law, currently being updated, is the recognized
treatise on the subject. There are a wide range of articles in
magazines and law reviews on specific topics within the field
of Indian law.
Job Search Techniques Used in Finding Your Position(s):
Outside of my solo practice, I was acquainted with someone in
each of the organizations or firms I worked for. That contact
is what lead to my employment.
Bar Affiliations and Activities:
Member: American Bar Association; Litigation Section of the
American Bar Association; Federal Bar Association; Indian Law
Section of the Federal Bar Association; Idaho Bar Association,
Oregon Bar Association; New Mexico Bar Association; Washington
Bar Association; Indian Law Sections of the New Mexico, Oregon
and Idaho Bar Associations; member and President-Elect, Board
of Directors, Native American Bar Association.
Recent Professional Publications:
Vol. 38, No. 3, Idaho L. Rev. , The Importance of Being Honest':
Exploring the Need for Tribal Court Approval for Search Warrants
Executed in Indian Country after State v. Matthews 581 (2002)
(with Christopher Graham); Vol. 5, No. 2, Careers and the Minority
Lawyer, In Practice - Indian Law, 69 (2000); Vol. 46, No.
3, The Advocate, Cobell v. Norton - Idaho (should have read
"Indian") Trust Fund Management Litigation Takes Center
Stage, (2003) (with Christopher Graham).
Recent Professional Presentations:
MC and presenter at Idaho CLE program on Tribal Court Practice
presented under the auspices of the Tribal/State Court Judge's
Forum; 2002 Idaho State Bar Conference, presentation on the basics
of Indian Law; 2002 presentation to tribal, state and federal
law enforcement agencies on Criminal Jurisdiction in Indian Country.
Memorable Career Moment:
Developing and implementing a strategy to oppose a claim that
the Nez Perce Reservation had been diminished - and seeing that
strategy succeed beyond expectation.
Intriguing Interests:
Three grandchildren ranging in age from 3 months to six are
certainly interests, if not intriguing. I compete in trapshooting
and formerly engaged in handgun competition. Other interests include
being in any backwoods area, preferably with rivers or streams,
hiking, reading and generally working around my home/farm in the
rural part of the Nez Perce Reservation.
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