Gabe Galanda Featured in NWLawyer

Gabe Galanda is featured in this month's edition of NWLawyer in reference to the Excellence in Diversity Award he was bestowed with by the Washington State Bar Association this fall.  The WSBA also produced a video commemoration of Gabe's award and accomplishments, which can be viewed on YouTube. Gabe is pictured receiving his award, on the cover of the magazine, at bottom right:

as well as inside of the magazine:

Gabe was primarily honored for his work associated with Huy, a non-profit that provides economic, educational, rehabilitative and religious support for American Indian, Alaska Native, Native Hawaiian and other indigenous prisoners in the Pacific Northwest and throughout the United States.  In 2012, Gabe founded Huy–pronounced “Hoyt” in the Coast Salish Indian Lushootseed language, to mean “see you again/we never say goodbye.”  He serves as the Chairman of Huy’s Board of Advisors, and runs the non-profit through his law office.

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Anthony Broadman Quoted by National Media Re DOJ's New Tribal Pot Policy

Anthony Broadman has been quoted or featured by the Associated Press, ABC News, Time, VICE News and other media outlets regarding the Department of Justice's recently issued policy regarding marijuana cultivations and sales on federal Indian lands.  He has blogged about the intersection of Washington's legalization of recreational marijuana, and tribal sovereignty (here and here).

Anthony Broadman is a lawyer with Galanda Broadman in Seattle. He told Vice News the following in an interview:

“People who I’ve spoken to are excited about this, but along with that excitement there is a lot of caution that stems from tribal history with alcohol and substance abuse. The biggest issue is if tribes are going to want to use a drug as a way to make money. The history of Indian tribes and substance is not a pretty one.”

Anthony's partner Gabe Galanda has also spoken to Pacific Northwest tribal leadership on these topics.  (His related PowerPoint slides are potentially available upon request.)

Galanda Broadman takes no position on whether tribal governments should legalize, regulate or tax recreational or medicinal marijuana, or forbid the the cultivation, possession or sale of marijuana, on Indian Country lands; but instead encourages every tribe to develop some form of policy to address the host of tribal sovereignty issues poses by state-legalized marijuana.

Anthony Broadman is a partner at Galanda Broadman PLLC.  He can be reached at 206.321.2672, anthony@galandabroadman.com, or via www.galandabroadman.com.

Galanda, Penn-Roco Co-Author Indian Country Stylebook for Journalists

Gabe Galanda and Amber Penn-Roco collaborated with journalist Richard Walker (Mexican/Yaqui), publicist Jackie Jacobs (Lumbee) and indigenous artist Louie Gong (Nooksack)--all trailblazers in their respective fields--to publish the Indian Country Stylebook for for editors, writers and journalists.  The stylebook is patterned after the AP Stylebook.

The Indian Country Stylebook include definitions and proper uses, and briefings on American Indian law and news-gathering in Indian Country. Gabe and Amber authored the Indian law section.

Leading Indian journalist, Mark Trahant (Shoshone-Bannock) reviewed the Indian Country Style Guide

"The best journalism is precise. That includes references that are accurate and reflect Native people, tribes and communities as we see ourselves. That's why the Indian Country Stylebook is an essential reference."

The Indian Country Stylebook is available for download at Amazon.com.

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes.  Amber Penn-Roco is an Associate in the firm's Seattle office. She is a Chehalis Tribal member.

Gabe Galanda Quoted by AP re Lawyer-fueled Tribal Civil Wars

The Associated Press quotes Gabe Galanda regarding Indian lawyer/lobbyist-fueled tribal civil wars.

Tribal affairs attorney Gabriel Galanda said some lawyers are exploiting casinos to run up fees.

"It's all by design, lawyers and lobbyists taking advantage of a void of law and order in Indian country," said Galanda, who represented an ousted faction of the Paskenta tribe. "This is happening in too many places, too frequently. I guarantee you that Chukchansi is not the last of them."

Gabe has recently offered spoken and written commentary regarding Indian lawyer ethics in the tribal civil war context.

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

"Who's Who" Expected at 12th Annual NW Gaming Law Summit in Dec.

The Pacific Northwest Gaming Law Summit, now in its twelfth year, has become a veritable "who's who" event for the Pacific Northwest and national gaming industry. It takes place this year on December 11 and 12, 2014, at the Hilton Seattle in Seattle, Washington.  Join Program Co-Chairs Gabriel S. Galanda, a partner and co-founder of Galanda Broadman PLLC, Frank L. Miller, a founding member of Miller Malone & Tellefson PS, and Robert M. Tull, owner of the Law Offices of Robert M. Tull. They lead this outstanding faculty:

• Hon. James Allan of the Coeur d'Alene Tribe
• Hon. W. Ron Allen of the Washington Indian Gaming Association
• Prof. Robert Anderson of the University of Washington School of Law
• Hon. David Bean of the Puyallup Tribe of Indians
• Anthony S. Broadman of Galanda Broadman PLLC
• Jonodev Osceola Chaudhuri of the National Indian Gaming Commission
• Hon. Brian Cladoosby of the National Congress of American Indians
• Scott D. Crowell of Crowell Law Office - Tribal Advocacy Group
• John H. Dossett of the National Congress of American Indians
• Prof. Eric D. Eberhard of the Seattle University School of Law
• Alan R. Fedman of Dentons
• Hon. Bob Garcia of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
• Hon. JoDe L. Goudy of the Yakama Nation Tribal Council
• Hon. Philip Harju of the Cowlitz Indian Tribe
• Daniel J. Little of the National Indian Gaming Commission
• Martin C. Loesch of Loesch Consulting
• Connie Sue M. Martin of Schwabe Williamson & Wyatt PC
• Wayne A. Shammel of the Cow Creek Band of Umpqua Indians
• Christopher Stearns of the Washington State Gambling Commission
• Ernest J. Stebbins of the Washington Indian Gaming Association
• Ernest L. Stevens, Jr. of the National Indian Gaming Association
• David Trujillo, CPA, CGMA of the Washington State Gambling Commission
• Joseph Valandra of Great Luck LLC
• Scott Wheat of the Spokane Tribe of Indians

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Ryan Dreveskracht Chronicles States' Devilish Deal With Big Tobacco

Ryan Dreveskracht has published a law review manuscript titled, "Forfeiting Federalism: The Faustian Pact With Big Tobacco."  The paper has been accepted for publication by the Richmond Journal of Law and Public Interest.

Ryan discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire financial condition to stifle tribal sovereignty and Indian industry. Part IV analyzes the federal government’s role in similar oppressive tactics. The concluding section suggests lessons that might be learned from the MSA.

Ryan Dreveskracht is an Associate at Galanda Broadman, PLLC.  His practice focuses on representing tribal governments in public affairs, energy, gaming, taxation, and general economic development.  He can be reached at 206.909.3842 or ryan@galandabroadman.com. 

Gabe Galanda Publishes on Indian Lawyer Ethics in "Tribal Civil War" Context

On November 14, Gabe Galanda addressed the Federal Bar Association at its 16th Annual DC Indian Law Conference on a panel that asked and helped answer the following question: "What are the ethical considerations of representing opposing factions in tribal government disputes?"  He published a paper at the conference, "Exposing Abramoff’s Playbook - Exploiting, or Filling, the Ethical Void for Tribal Lawyers," and delivered a similarly titled lecture.  

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Gabe Galanda Teaches Tribal Airspace Sovereignty & Aviation Jurisdiction

On November 13, Gabe Galanda delivered a lecture to Boeing's legal department titled, "American Indian Law for the Boeing Lawyer."  In that presentation he discusses the intersection of tribal sovereignty and regulatory authority, and federal aviation law. Gabe asks, "Can Tribes de facto regulate over-reservation airspace?," and answers:

Tribes might very well be able enforce the FAA’s Tribal Consultation Policy against private actors—e.g. Unmanned Aircraft System (“UAS”) operators—via the FAA.

Imagine a drone flying over and surveilling an on-reservation sacred site.  Or a an unsavory banner being flown from behind a plane over tribal homelands.  In the face of such incursions, tribal governments will do something about it as a matter of sovereignty.

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Keeping Indian Law on State Bar Exams

As reported on Turtle Talk, South Dakota, one of three states to include Indian law on their bar exams, recently became the second state to maintain the topic while adopting the multi-state bar exam (or "MBE").  New Mexico and Washington also test Indian law. In 2011, Washington adopted the Uniform Bar Exam (or "UBE," which includes the MBE) but left intact  "state-specific law in areas of law where Washington state law is significantly different from many other jurisdictions, and Indian law."

An increasing number of states are adopting the UBE or MBE, in large part because it allows lawyers to to practice law in multiple state jurisdictions without needing to take another bar exam--in other words, portability.  Unfortunately that countrywide movement has clashed head on with the movement to test aspiring lawyers' understanding of Indian law in as many as 30 states.

In Arizona, a widely supported rule change petition that was filed with its Supreme Court was unilaterally rejected by the court's sitting Chief Justice in or around 2009, ostensibly in the name of MBE adoption.

Yet as demonstrated in South Dakota and Washington, adoption of the MBE and inclusion of Indian law are not mutually exclusive. They are both good for states and our legal profession.  It will simply take more convincing by Indian law advocates for the fourth state to include Indian law on the bar exam, and for us to eventually reach the tipping point.  Which state will be next?

Gabriel “Gabe” Galanda is the Managing Partner at Galanda Broadman. He is a citizen of the Round Valley Indian Tribes. Gabe can be reached at 206.300.7801 or gabe@galandabroadman.com.

Joe Sexton Shines Bright Light on BIA's Badly Proposed Right-of-Way Regs

As featured on Turtle Talk, Joe Sexton has published a Galanda Broadman, PLLC, Occasional Paper, "21st Century Proposed BIA Indian Land Regs In a 19th Century State of Mind."   An excerpt:

The Bureau of Indian Affairs’ (“BIA”) public comment period for proposed regulations governing “Indian lands” closes on November 28, 2014.[1]  These proposed regulations concern “rights-of-way” over Indian lands; or, the rights of non-owners—like farmers, railroads, utility companies, and outside government agencies, among others—to access and use Indian lands.

To those who may not be familiar with federal policy over Indian lands, Tribal Governments and Americans Indian individuals can do very little with their lands without the approval of the BIA’s suffocating bureaucracy.  Ironically, these are the same lands that were often promised to Tribes and their people by the federal government for their “exclusive use and benefit” in perpetuity.  For anyone who has a basic knowledge of this area of law, the regulatory revisions may seem to be an effort to streamline the mind-numbing bureaucratic processes Tribes and individual Indians must navigate to make even the most basic decisions regarding their lands.

But to those who has seen the absolute ineffective and often times arbitrary nature of the BIA’s bureaucracy when it comes to governing Indian lands, these regulatory revisions do nothing more than perpetuate a resilient legacy of harm to Indian Country through laws, regulations, and executive actions emanating from Washington D.C.

[1] Rights-of-way on Indian Land, 79 Fed. Reg. 34455 (June 17, 2014)(to be codified at 25 C.F.R. pt. 169); found online at: www.bia.gov/cs/groups/xraca/documents/text/idc1-026971.pdf

Joe Sexton is Of Counsel with Galanda Broadman, PLLC.  Joe’s practice focuses on tribal sovereignty issues, including complex land and environmental issues, and economic development matters.  He can be reached at (509) 910-8842 and joe@galandbroadman.com.