Pre-requisite: Completion of first year curriculum, and any Indian Law courses, Pre-or-co-requisite: Ethics
Summer 2008 A. Seislstad
Fall 2008 Prof. B. Creel
Spring 2009 Prof. C. Zuni Cruz
Background –The Southwest Indian Law Clinic was established in 1994. The clinic’s goal is to provide high quality clinical practice experience to law students. Clinical students represent individual clients with Indian Law issues and work with Indian communities on challenging contemporary issues. Working with native clients exposes students to legal issues that arise as a result of oppression, poverty, and under-representation. Students may employ legal solutions that are premised on tribal sovereignty, cultural rights or traditional law as well as common legal principles. The clinic’s commitment to community lawyering provides a unique and rewarding approach to working with native communities. The Southwest Indian Law Clinic is pro-active in the advocacy, promotion and establishment of indigenous peoples rights.
Type of Case Work –The Southwest Indian Law Clinic handles a wide variety of individual client cases typical to clinical work. For example, the clinic represents clients in family law cases, misdemeanor criminal defense, benefits cases, organization of non-profit entities, name changes, and juvenile matters. Cases may arise under federal, state or tribal law. Often, a single case may require appearances in both state and tribal courts. Thus, students gain valuable experience dealing with jurisdictional conflicts, conflicts of law, full faith and credit and comity issues. In addition, the clinic handles unique cases that involve federal law – such as assisting Indian adoptees in accessing birth records for enrollment purposes under the Indian Child Welfare Act or the protection of religious freedom under the American Indian Religious Freedom Act.
Outreach –The Southwest Indian Law Clinic has established community sites where students provide outreach to the native community by providing brief service and intake at various locations in Albuquerque. Clinic students have worked at the Albuquerque Indian Center serving the urban Indian population of Albuquerque and the Bernalillo County Detention Center providing services to Native American urban women and women from tribal communities throughout the state. Many of the clinic’s cases come from these intake sites. The clinic also accepts walk-in clients at the clinic. Many walk-in clients come from the outlying and nearby Pueblos and tribal communities.
Clients –The Southwest Indian Law Clinic represents Native American clients and clients with Indian law issues. The clinic represents native peoples from the twenty-two tribes in New Mexico, as well as from tribes throughout the greater Southwest and the nation. Many clients move between state and tribal jurisdictions and students assist these clients with issues that arise as a result of this cross-jurisdictional.
Court Appearances –Students appear in Metro and District Court in Albuquerque, as well as magistrate and district courts throughout the state. In the past, students have had unique opportunities to appear in various tribal courts such as the Pueblo of Taos Tribal Court, San Juan Tribal Court, Santa Clara Tribal Court, Acoma Tribal Court, Laguna Tribal Court, Isleta Pueblo Court and various District Courts of the Navajo Nation. In addition, students may assist clients in their use of traditional dispute resolution in a tribal community.
Project Work –Through projects, students work with tribal governments, tribal non-profit organizations, and non-governmental Indian organizations. Students experience working with tribal officials and entities, in addition to working with individual clients. From a wide range of choices, students select the project they will work on during their clinical experience, including for example, land claims, taxation, tribal court development and environment.
As with other Clinics, students will be required (1) to attend and actively participate in up to five classroom sessions during each week of the academic semester and (2) to maintain a schedule of 24 office hours each week during Summer, 16 office hours each week during Fall and Spring semesters. The classroom component seeks to help prepare students to represent his or her clients competently, to promote professionalism in dealing with clients, lawyers, staff and others; and to provide experience in individual and collaborative problem solving. Classroom sessions include discussion of pending clinic cases and assigned readings; role-play and simulation; and collaborative planning and evaluation. The classroom component typically addresses such skills and topics as: client interviewing and counseling; legal research, fact investigation and case evaluation; drafting documents and correspondence; persuasion, negotiation and dispute resolution; procedure and proof of facts; case management; law office management; computer technology in the law office; and professional responsibility and ethics.
Students having questions about the Southwest Indian Law Clinic should visit with Prof. Zuni Cruz or Prof. Creel.