As Washington Indian tribes grow and operate bigger businesses, knowledge of federal Indian law and of the internal legal systems of the 29 federally recognized tribes in the state is emerging as a focus of the legal field.


Indian law now is one of the topics of testing in the Washington state bar exam, and Gonzaga Law School recently has launched an Indian law program.


The Washington State Bar Association added questions about U.S. Indian law to its bar exam last July, becoming one of just two state bar associations in the U.S. that have done so. American Indian lawyers here say the change acknowledges that lawyers need to have basic knowledge about when such laws are relevant to their cases.


Practitioners should at the very least be able to spot an issue, Spokane attorney Juliana Repp, a member of the Nez Perce tribe, says. The issues addressed by Indian law intersect with every possible area of legal substance, she says.


In addition to U.S. Indian law issues, other legal issues arise because each tribe has its own tribal court system, Repp says.


Each is unique to the tribe, and each tribal court has its own criteria for practicing within that court, she says. Repp, an administrative law judge for the Colville Confederated Tribes, says she has credentials to practice law in five tribal court systems in Washington and Idaho.


Federal Indian law includes family-law issues related to the federal Indian Child Welfare Act and questions of jurisdiction over cases involving tribes, she says. Tribal laws cover the full gamut of issues, from business law to civil matters, and include some areas that are unique to tribes, such as petitions to correct on their membership rolls the percentage of native blood that a tribal member has, which can affect the members descendants eligibility to enroll as members of tribes, she says.


One of the biggest emerging areas in tribal law is commercial law, say Repp and Spokane attorney Diana Bob, a representative of the Indian Law Section of the state bar association.


Although comparative numbers arent available, about 250 of the bar associations 27,000 active members currently belong to the Indian Law Section, says Gregg Hirakawa, a spokesman for the association. Repp says she estimates that about 35 lawyers are practicing Indian law in Eastern Washington, including lawyers employed by the tribes and lawyers who practice in tribal courts.


You have 29 additional governments taking action and engaging in business, says Bob, who practices law in Spokane, is a member of the Lummi Tribe, and has credentials to practice in the Spokane, Kalispel, and Colville tribal courts.


The expansion of the tribes into Indian casinos, lodging establishments, golf courses, and other ventures, and the resulting need for legal services, are driving the launch of Gonzagas Indian law program, says Earl Martin, dean of the law school. Martin says the program, which was introduced this past fall with several one-time projects, but without a defined curriculum or a director, will focus on legal issues related to economic development by tribes. Though the school already offered a seminar covering the basics of federal Indian law, it now recognizes tribal law as an area of special focus that has emerged, Martin says.


In one of the projects law school students finished drafting a commercial code for the Kalispel Tribe of Indians in January, he says. Another group of students worked with the Colville Confederated Tribes to stage a conference on water-rights issues.


Martin says that as tribes engage in more significant economic activities, the need to establish codes that reflect their unique needs grows.


This is the legal infrastructure for the economic activity. Thats where we have expertise, Martin says. Take the commercial code, for example. Youve got an outside entity that wants to go into an economic relationship with the tribe. There will always be background rules and terms that influence language and terms in those contracts; economic success for the tribe will depend on those background rules.


The law school has hired a director of Indian law and plans to expand its curriculum. The new director, Jay Kanassatega, will take his position July 1.


Martin says the recommendations of Kanassatega will guide the direction of the program. The school doesnt plan to add any more staff or faculty for the program yet.


Its about using our expertise in a way that will benefit the tribes, at the same time creating opportunities for growth for our students and faculty, Martin says. He says the idea for the program came out of the schools strategic planning process, and that he sees the potential for collaborative projects between the law school, Gonzagas business school, and tribes.


Bob says she expects the Indian law field to continue to grow rapidly here with the economic success of tribes in the region and the large population of American Indians in the Spokane area.


She and Repp are part of a group advocating to have an Indian Law Section added to the Spokane County Bar Association, an action she says proponents hope will happen this year. The state bar associations Indian Law Section provides lawyers in Washington state with continuing legal education on Indian law issues, frequently through workshops conducted statewide via teleconference.


Bob says that basic knowledge of federal Indian law, including how it applies to jurisdiction and tribal sovereignty, is important for lawyers here, even if they dont intend to practice law in a tribal court.


Says Repp, Just consider that anyone who transacts business with a tribe or goes onto the reservation submits themselves to tribal regulations. The reason Indian law is on the bar (exam) is that individuals have to realize they are interacting with a sovereign nation.


Bob says some significant American Indian cases have originated in Eastern Washington, including actions by the Colvilles concerning water rights and a tribes authority to tax activities on the reservation. In another case, a wrongful termination case against the Colville Confederated Tribes by a non-Indian employee was considered for review by the U.S. Supreme Court last year, although the high court decided not to hear the case, she says.


The tribes are becoming more sophisticated governments and more sophisticated business partners that have substantially more money involved in their activities, and in Washington state, there is a critical mass of recognized tribes, Bob says. She says Idaho and Oregon each has far fewer tribes than Washington.


Tribes have the ability to make law and enforce law, make taxes, order taxes, and spend revenue. They can enter into agreements with other sovereign entities, such as counties and cities, Bob says.


She says the differences between the laws of Washingtons American Indian tribes compares with differences between the laws of the states. For example, she says, Washington state has laws regulating day-care centers, while few such regulations have been passed in Idaho.


The laws are a reflection of the tribal constituency, Bob says.


Contact Jeanne Gustafson at (509) 344-1264 or via e-mail at jeanneg@spokanejournal.com.