Indian Law Section

SECTION SPOTLIGHT

Q&A WITH SECTION CHAIR BREE BLACK HORSE

Q. What is the most valuable benefit members get from joining your Section that they can’t get anywhere else? 

WSBA members are increasingly likely to encounter an Indian law issue in their practice, given the presence of Indian tribes and tribal people throughout Washington. Washington is home to 29 federally recognized Indian tribes, over 7,000 square miles of tribally owned land, and nearly 100,000 Native American people. The activities of tribal nations span the entirety of Washington state and touch nearly every sector of the economy, and tribal members reside both on- and off-reservation. The Indian Law Section strives in a variety of ways to help WSBA members ensure they can competently address legal issues involving Indian tribes and tribal members. 

With over 300 members, the Section provides valuable resources to both seasoned and new Indian law practitioners. The Section hosts a CLE each year, regularly shares job postings with members, provides a quarterly newsletter with substantive and community updates, tracks state-level legislative matters that impact tribal nations and tribal people, and strives to connect members through its various mentorship initiatives.

Q. What is a recent Section accomplishment or current project that you are excited about?

The Section held the 35th Annual Indian Law CLE in May. The CLE spanned two half-days and allowed participants to attend either in person or online. The CLE featured presenters who work for tribal governments, federal agencies, law firms, and nonprofit organizations. Topics included a comprehensive update on recent litigation affecting Indian tribes, developments in the tribal cannabis sector, climate change and water rights, and an ethics presentation specific to professional responsibility issues unique to Indian country. 

Beginning last year, in partnering with Stokes Lawrence Velikanje Moore & Shore, P.S., the Section now works with law firms who provide services to Indian tribes and tribal members throughout the region to host the annual CLE. This year, the Indian Law Section collaborated with Schwabe, Williamson & Wyatt to present the annual CLE. Partnering with law firms enables the Section to retain all CLE proceeds, which the Section in turn uses to fund scholarships and events for prospective and current Native American law students and students interested in practicing Indian law.

Q. What opportunities does your Section provide for members who are looking for a mentor or for somebody to mentor?

In Washington and on the national level, the legal opportunities in Indian country continue to increase as do the legal needs of Native American people. The Section is committed to supporting the next generation of Indian law attorneys through targeted advocacy, mentorship initiatives, and financial support.   

Native Americans continue to be underrepresented as advocates in the American legal system. For instance, the American Bar Association found in 2020 that less than one-half of one percent (0.4 percent) of all lawyers are Native American. According to the Law School Admissions Council, less than 0.3 percent of matriculating law students in 2022 identified as American Indian or Alaska Native. Here in Washington, it appears that less than a dozen current law students are Native American. Law students do not receive consistent exposure to Indian law or Native American topics and there exists room for improvement in the Indian law courses and academic opportunities offered by Washington’s law schools. The Indian Law Section responds to these systemic issues through advocacy, mentorship, and financial support.

In 2022, the Section hosted a mentorship event in partnership with Kilpatrick Townsend’s KT Indigenous at the Washington Athletic Club. Tribal practitioners, law school faculty, and tribal court judges attended the event as well as prospective and current law students from around the region who are Native American or who are interested in practicing Indian law. Seattle University School of Law Dean Anthony Varona, Seattle University School of Law Admissions Dean Gerald Heppler, University of Washington School of Law Native American Law Center Director Monte Mills, and Tulalip Tribal Court Associate Judge Peter Boome attended the event. To ensure access to the event for students outside the Puget Sound region, the Section provided travel expense reimbursements to participants from Central and Eastern Washington. 

More recently, the Section provided financial assistance to the Native American Law Student Association (NALSA) groups at both Seattle University School of Law and the University of Washington School of Law to attend the 2023 Federal Bar Association Indian Law Conference in New Mexico. The Section also sponsored a table at the annual University of Washington School of Law NALSA Salmon Bingo Dinner, the proceeds of which support Indigenous students at UW, outreach to Indigenous undergraduates and high school students, and funding students’ attendance at the national NALSA moot court competition.  

The Section also makes an annual donation to the Northwest Indian Bar Association (NIBA) to support NIBA’s scholarship and bar stipend program, which many current members of the Indian Law Section received while in law school. 

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MORE ONLINE > More information about the Indian Law Section, and other WSBA Sections, at www.wsba.org/legal-community/sections/indian-law-section.