Indian Lawyers

Bar Bulletin: Supreme Court Justice Steve Gonzalez Honors Gabe Galanda

Washington State Supreme Court Justice Steve Gonzalez honors the work of Gabe Galanda in the latest King County Bar Association Bar Bulletin. The column, titled "Native Son," is available online here (abbreviated) and in reprint here (full).

In the courtroom, Gabe’s public exploits would be impressive for any lawyer, let alone a 36-year-old. In 2006, he helped spearhead litigation and subsequent settlement among the Lower Elwha Klallam Tribe, State of Washington and City and Port of Port Angeles regarding the Tse-whit-zen Village and ancestral burial ground. He has been at the forefront of state-tribal taxation issues in Washington. Whereas many firms advertise themselves as bet-the-company litigators, Gabe has developed into a bet-the-tribe lawyer. For example, through emergency federal court motion practice, Gabe recently helped a tribe halt the USDA’s attempts to barge solid waste from Hawaii to aboriginal lands in central Washington, where the tribe fishes, hunts and gathers roots and berries to this day, under an 1855 treaty with the United States. His record is clear on at least one thing: he pays little heed to the strictures of formal power structures. When Gabe believes tribal sovereignty or culture is threatened, he will fight – no matter the opponent.

Rapid City Journal Announces Galanda Broadman's Representation of Vern Traversie

Rapid City Journal reports that:

A South Dakota judge is allowing three lawyers from Washington to help represent a Native American man who has filed a civil lawsuit claiming the letters KKK were carved into his stomach at a hospital.

Court documents show that Judge Jeffrey Viken is allowing Gabriel Galanda, Anthony Broadman and Ryan Dreveskracht, all of Seattle, to take part in proceedings on behalf of Vern Traversie. The three men are admitted to practice in Washington but are not members of the South Dakota Bar.

Traversie is a 69-year-old Lakota man who lives on the Cheyenne River reservation. Though he is blind, Traversie says others have told him the scars left form the letters. He is suing the hospital where the surgery took place, its board of directors and others.

Turtle Talk has published the Complaint filed by Iron Eyes Law Offices and Galanda Broadman.

Gabe Galanda to Address UN-Geneva Re: American Indian Treaties and Consultation

Gabe Galanda will visit Geneva, Switzerland on July 16 and 17, 2012, to address the United Nations Office of the High Commissioner for Human Rights, during a forum titled, “Strengthening Partnership Between Indigenous Peoples and States: Treaties, Agreements and Other Constructive Arrangements." Gabe, an enrolled member of the Round Valley Indian Tribes of California, will speak at the UN Palais des Nations on July 17 during a session titled, “Highlights of country-level experiences concerning treaties, agreements and other constructive arrangements.”

He will speak along with indigenous leaders from South Africa, Costa Rica, Bangladesh, New Caledonia, Canada, Mexico, Columbia and Kenya, regarding the processes, principles and other essential elements of the negotiation and elaboration of new agreements or other constructive arrangements as well as the effective recognition of historical treaties.

“The invitation to join the leaders of indigenous nations and nation-states and address the U.N. human rights tribunal in Geneva is one of the highest honors I have ever received,” said Galanda. “I look forward to contributing to international discourse concerning the rights of indigenous peoples vis-à-vis their sister sovereigns, and to helping advance the American Indian consultation right towards one of informed consent.”

Gabe’s remarks and paper are titled, “American Indian Treaties: The Consultation Mandate." In particular, he will address domestic federal recognition and breach of Indian treaties, and modern practices of federal-tribal government-to-government consultation, particularly in relation to the U.N. Declaration of the Rights of Indigenous Peoples (DRIP) that President Obama endorsed on December 16, 2010. Indian treaties are to be recognized as the Supreme Law of the Land according to Article VI of the U.S. Constitution.

Gabe has been critical of the United States government for its breach of the U.N. DRIP (“in action, the departments, agencies, and officials within the Obama Administration do not actually live up to the words contained in the Declaration. To the contrary, federal actions too frequently contradict the promises made by the United States to American Indian indigenous people in the Declaration”); and its violation of fundamental consultation tenets between sovereigns (“other federal agencies completely missed the memo on tribal consultation – literally President Obama’s Tribal Consultation Memorandum – and, in specific instances, have failed to meaningfully consult with tribal governments concerning federal activity”). He maintains that a “treaty consultation obligation arises, in part at least, from the implicit duty to consult that is intrinsic in any bilateral agreement between nations.”

Gabe is a Partner with Galanda Broadman, PLLC, an American Indian-owned law firm in Seattle dedicated to advancing tribal legal rights and Indian business interests. His practice focuses on complex, multi-party litigation and crisis management, representing tribal governments and businesses and Indian citizens. Gabe has prosecuted various actions against the United States and for breach of Indian treaties and federal Indian consultation laws.

He has been selected to The Best Lawyers in America® from 2007 to 2012, and was named as one of the best lawyers in Washington State by Puget Sound Business Journal in 2011. Gabe was named to the Puget Sound Business Journal’s “40 Under 40” list, as well as to the National Center for American Indian Enterprise Development’s “Native American 40 Under 40” list in recognition of his status as an emerging leader in the legal industry, in 2009. Washington Law & Politics/Super Lawyers magazine named Gabe a “Rising Star” for ten of the last twelve years, most recently this year, and Washington Law & Politics named him one of Washington’s four Leading Edge Litigators in 2003. He was awarded the Washington State Bar Association Young Lawyers Division’s Outstanding Young Lawyer Award, and the Northwest Indian Bar Association’s Native Justice Award, in 2004.

Gabe was born and raised in Port Angeles, Washington. At Peninsula College, he received his A.A. from Peninsula College in 1995, and served as Associate Student Body President there in 1994-95. Gabe received his B.A. in English Literature from Western Washington University in 1997, and his J.D. from the James E. Rogers College of Law at the University of Arizona in Tucson, in 2000. At Arizona, he served as President of the Native American Law Students Association in 1998-99 and Note Editor for the Journal of International and Comparative Law in 1999-2000.

Pacific Northwest Indian Law Attorney Gabe Galanda Named "Rising Star"

Gabe Galanda was named a Rising Star by Super Lawyers magazine for the year 2012. It is the tenth time in his 12-year career he has been bestowed with the honor. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian owned law firm.  He is an enrolled member of the Round Valley Indian Tribes of Covelo, California.  Gabe represents tribal governments and businesses and Indians citizens in all matters of controversy and transaction. He can be reached at 206.691.3631 or gabe@galandabroadman.com.

Turtle Talk Publishes Seattle Tribal Lawyer Ryan Dreveskracht's “Keeping Tribal Business Partners Close – and Their Lawyers Closer”

Ryan Dreveskracht's occasional paper, “Keeping Tribal Business Partners Close – and Their Lawyers Closer,” was published today by Turtle Talk, the leading blog on issues of federal Indian and tribal law, with the following editorial comment from Professor Matthew Fletcher.

I’m largely in agreement with Dreveskracht. When I started practicing in the 1990s, senior attorneys counseled me to draft contract language that would facilitate these kinds of traps. One example involved a private vendor that refused to adjudicate disputes in tribal court, insisting on state court jurisdiction and governing law. We negotiated for federal court review as a “compromise.” Of course, there is no federal subject matter jurisdiction over contract claims just because one of the parties is an Indian tribe. In California especially, cases started coming out in the 2000s where federal court judges were forced to dismiss contract claims, but the federal judges openly criticized tribal lawyers for negotiating those provisions. They frankly are borderline unethical, and may implicate professional responsibility canons.

Business partners are partners before they are adversaries, and tribal businesses depend on goodwill of their own businesses and those of other tribes to create a groundwork for doing business with non-Indian entities. It seems reasonable to rethink the arms-length negotiations strategies in at least some contracts. It may be a difficult pill to swallow for tribal lawyers. Well, face it, most just won’t do it. Lawyers are trained in an adversarial process, and always lean toward strictly assessing risk. Maybe that’s why lawyers are such lousy business people.

Ryan Dreveskracht is an Associate at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. His practice focuses on representing businesses and tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or ryan@galandabroadman.com.