Reconnecting with identity
Indian Legal Program
By: Torey Dolan
Tribal Affiliation: Choctaw
Juris Doctor (Law), Certificate in Federal Indian Law
As an undergraduate, I shied away from Native American studies classes because I felt unsure of my identity. I was too white, too unaware and too disconnected from my Nation to publicly claim being Choctaw. However, I found a second chance through the Indian Legal Program (ILP) at the Sandra Day O’Connor College of Law.
ILP is a specialty program that offers a legal certificate through the College of Law. This specialty is like gold, considering that Arizona is home to 22 federally recognized tribes that hold 27 percent of the state’s land, and that we live in a country with 573 federally recognized tribes and hundreds of state-recognized tribes.
Out of 1.3 million attorneys in the United States, fewer than 3,000 are Native. Yet within that small universe, ILP is an institutional giant. Graduates work in large tribal enterprises, tribal governments, massive government agencies and prestigious law firms. They are judges, advocates, lobbyists, politicians and ultimately changemakers.
ILP offers students rigorous courses that range from Cultural Resource Law to Economic Development. Students are required to take Federal Indian Law I, Federal Indian Law II, the Indian Legal Clinic and electives relevant to Indian Law, and they must write a substantial paper on an Indian law issue.
The program is home to the Indian Legal Clinic, where students work under Professor Ferguson-Bohnee (Pointe-au-Chien Indian Tribe) on cases that may include administrative law, election law, criminal law, tribal law and more. In clinic, I managed multiple cases and was sworn in to the Gila River Indian Community Court and the Ak-Chin Indian Community Court. Closest to my heart was the Native Vote Election Protection Project, where I was the lead student attorney. This project is a joint-effort between ASU, the Inter-Tribal Council of Arizona, the Native American Bar Association of Arizona and the National Conference of the American Indians. It aims to collect and study data on voting in Indian Country and help people vote. Voting in Arizona is challenging because of complicated voter-ID laws. For Native people, it can be even more challenging due to problems with access to polls, early voting, transportation and mail services on reservations.
On the day of the 2018 midterm election, I arrived at the clinic at 5 a.m. to prepare the Native Vote hotline, which is available for anyone who has trouble voting in Arizona. That day, the clinic received 180 calls from across the state and across Indian Country.
The ILP’s network of alumni and friends is expansive. I have met with both Federal District Court Judge Dianne Humetwa (Hopi) and Ninth Circuit Judge William Canby, author of “Indian Law in a Nutshell.” Students travel during Fall Break and Spring Break to places such as Washington D.C., the Pechanga Reservation in Temecula, California, and the Winnebago Tribe of Nebraska. The professors also give personal and candid mentorship for your career.
Among the ILP students, I found close friends from all over the country whom I now consider to be family. My friends validated my identity and reminded me that my ancestors went through too much for me to deny them and my tribe because of fear. Together, we realized that being Indigenous in law school brings a unique perspective. In talking about property law, you’re not just talking about land; you know you’re talking about someone’s homeland. In learning about Johnson v. Mc’Intosh, you realize the case refers to your ancestors as “fierce savages.” Having other Native students around you makes a difference. Hearing other Indigenous voices challenge the law’s misconceptions makes a difference. Having Indigenous professors makes a difference. Ultimately, ILP has taught me to use my power to honor my responsibilities to my family, my tribe and Indian Country.
History of Advocacy
What is the significance of the program’s 30th anniversary?
What’s exciting to me about it is that I feel it shows that the university (and) the college administration have put resources into this program for a long time, and the talent of our students and determination of the faculty have really made it one of the top programs on campus. We have so many groups who believe in it and want to see it be successful. We have had Native students in every class basically since the law school opened back in the late ’60s, early ’70s. As we grow, our students are getting more talented, more successful and are receiving much more mentorship than they used to. We are getting a different type of student. They all are very dedicated to contributing to Indian Country somehow, so that’s really exciting.
What role does ASU play in improving representation and access for justice within Indian Country?
We’re playing a large role. We’re graduating talented students each year, and we’re trying to increase our reach by doing more work on the early outreach to young students, pre-law advising and making sure that when they graduate, they have the resources to be successful. An example of that is our Native American Pipeline to Law Initiative. We need more attorneys, and there are different ways that they can serve in that role. We’re doing quite a bit to get the word out and make sure that no matter where you want to go to school, ASU Law is a resource for people, and we’re happy to be a part of their support team. Even if they’re not at ASU, we can help them along their way.
