Honorable Chief Justice Ruth V. McGregor
Chief Justice of the Supreme Court
May 20, 2009
On behalf of the Arizona Tribal Prosecutors Association, we would like to encourage the inclusion of Indian law as an examination topic on the Arizona State Bar exam. The Arizona Tribal Prosecutors Association, (“AZTPA”) is composed of prosecutors who serve Arizona Indian tribal governments. In their various capacities, these prosecutors have daily experience with the complexities of Indian law. There are a few common situations that this letter with highlight to illustrate the importance of Indian law in the State of Arizona.
With so much of Arizona’s lands being Indian lands, and many of the state’s highways passing through Indian land, incidents and criminal offenses occur regularly that place victims within the jurisdictional maze of Indian law. Those victims are sometimes subject to unnecessary confusion and misinformation when they contact attorneys who are not familiar with the Indian law aspects of personal injury tort claims, restitution, or even the criminal justice systems. Sadly, some victims may encounter attorneys who are virtually unaware that the claims may not be subject to state jurisdiction.
Another common area of practice in Indian country, where education in Indian law would be beneficial is in the area of service of process. Failure of an attorney to recognize that the proper service of process may be subject to an Indian tribal government’s local rules could potentially delay or compromise a case. Similarly, state issued orders may be subject to a comity process for recognition within individual Indian tribal governments. When attorneys are unaware of these jurisdictional issues and possible conflict of laws, victims are potentially re-victimized.
With respect to criminal laws, Indian tribal governments have jurisdiction over criminal matters committed by Native American offenders that occur within Indian Country. Often, these criminal offenders also have different criminal matters pending within the Arizona State or federal judicial systems. On occasion, these crimes may also involve non-Indian offenders , or even a mix of offenders and victims. Therefore, criminal practitioners within the State of Arizona need to be aware of the various extradition practices that each jurisdiction may have. Effectively working together with the various jurisdictions is a mission of the AZTPA, and as we strive to reduce any and all barriers to justice and safety.
Of course, tribal prosecutors do not expect that all persons who seek admittance into the Arizona State Bar become Indian law experts. However, basic knowledge of the existence of this important area of law should be expected for all practitioners within the State of Arizona. The citizens of the state, who are future clients and sometimes victims, should have faith that a licensed attorney in Arizona has the competency to identify basic jurisdictional issues, potential limitations on claims, or even the availability of a tribal forum. For these reasons, the AZTPA encourages you to consider placing Indian law on the Arizona State Bar Examination.
Arizona Tribal Prosecutors' Association
c/o Sheri L. Freemont
10005 E. Osborn
Scottsdale, AZ 85256
480-362-5400
[email protected]