Diane Humetewa’s Judicial Confirmation Hearing Set for Tuesday Morning

Announcement and hearing list here.

Diane Humetewa Renominated to Federal Bench

Here.

NCAI Press Release in Support of Diane Humetewa and John Tuchi Federal Judicial Nominations

NCAI Applauds President’s Nominations of Diane Humetewa and John Tuchi for Federal District Court Judge in Arizona; 
Confirmation will make Humetewa First American Indian Woman Federal Judge
 
Washington, DC – The National Congress of American Indians (NCAI) has endorsed President Obama’s nomination of Diane J. Humetewa from the Hopi Tribe to serve as a United States District Court Judge for the District of Arizona. Senator John McCain of Arizona is credited with recommending the nomination. Upon confirmation, Humetewa will be the first American Indian woman in history to serve as a federal judge. Humetewa served as the United States Attorney for the District of Arizona from 2007 to 2009 under President George W. Bush.
 
NCAI also endorsed the President’s nomination of John Joseph Tuchi to serve as a United States District Court Judge for the District of Arizona. Tuchi’s service as Tribal Liaison from 2009-2012 demonstrated his knowledge of federal Indian law and his commitment to the critical role of tribes in the American family of governments. His nomination has the strong support of tribes in Arizona.
 
“These nominations are a significant step forward for Indian Country. Diane Humetewa is highly qualified and has been recognized and nominated for important federal positions by both Present Obama and President Bush. John Tuchi is highly qualified and has a strong record of upholding the trust responsibility to tribal nations. NCAI endorses the President’s nominations and we urge the Senate to move quickly to confirm them both,” said NCAI President Jefferson Keel.
 
“This also represents a great step forward for the federal courts. For many years we have stressed the importance of including Native Americans in the federal judiciary. Senator McCain should be applauded for recommending the nomination of Ms. Humetewa,” added Keel. “We have also underscored the need for all federal judges to understand federal Indian law. Mr. Tuchi has a firsthand understanding of the importance of federal Indian law, an asset that is far too rare among federal judges.”
 
NCAI First Vice Present Juana Majel also praised the nomination of Humetewa. “In 2013 we have witnessed the passage of the Violence Against Women Act Reauthorization that included extraordinarily important protections for Native women. With the nomination of Diane Humetewa to be the first Native woman to be a federal judge, 2013 is truly a landmark year for Native women.”
 
Biographies provided by the White House:
Diane J. Humetewa: Nominee for the United States District Court for the District of Arizona
Diane J. Humetewa currently serves as Special Advisor to the President and Special Counsel in the Office of General Counsel at Arizona State University.  She is also a Professor of Practice at Arizona State University’s Sandra Day O’Connor College of Law.  From 2009 to 2011, Humetewa was Of Counsel with Squire, Sanders & Dempsey LLP.  She worked in the United States Attorney’s Office in the District of Arizona from 1996 to 2009, serving as Senior Litigation Counsel from 2001 to 2007 and as the United States Attorney from 2007 to 2009.  During her tenure in the United States Attorney’s Office, Humetewa also served as Counsel to the Deputy Attorney General from 1996 to 1998.  From 1993 to 1996, she was Deputy Counsel for the United States Senate Committee on Indian Affairs.  Humetewa received her J.D. in 1993 from Arizona State University College of Law and her B.S. in 1987 from Arizona State University.  She is a member of the Hopi Indian Tribe and, from 2002 to 2007, was an Appellate Court Judge for the Hopi Tribe Appellate Court. 
 
John Joseph Tuchi: Nominee for the United States District Court for the District of Arizona
John Joseph Tuchi has been an Assistant United States Attorney in the District of Arizona since 1998.  He currently serves as Chief Assistant United States Attorney in the office and has previously served as Interim United States Attorney in 2009, Senior Litigation Counsel and Tribal Liaison from 2009 to 2012, and as Chief of the Criminal Division from 2006 to 2009.  Tuchi also worked as an associate at the law firm of Brown & Bain, P.A. from 1995 to 1998.  He began his legal career as a law clerk for Judge William C. Canby of the United States Court of Appeals for the Ninth Circuit.  Tuchi received his J.D. magna cum laude in 1994 from Arizona State University College of Law, his M.S. in 1989 from the University of Arizona, and his B.S. in 1987 from West Virginia University.

NNABA Press Release on Diane Humetewa Nomination

For Immediate Release, September 19, 2013
Contact: Mary L. Smith (202) 236-0339

NNABA APPLAUDS THE HISTORIC NOMINATION OF
DIANE HUMETEWA TO BE A FEDERAL JUDGE IN ARIZONA

Phoenix, AZ. – The National Native American Bar Association applauds the historic nomination of Diane Humetewa to be a district court judge for the U.S. District Court for the District of Arizona. If confirmed, Ms. Humetewa will be the first Native American woman in the history of our nation to serve on the federal judiciary.

Ms. Humetewa has had a distinguished career in public service. She is an enrolled member of the Hopi Tribe. She previously served as the Senate-confirmed U.S. Attorney for the District of Arizona. Earlier in her career, she worked as an attorney on the U.S. Senate Indian Affairs Committee under then Chairman John McCain. Ms. Humetewa also worked in the U.S. Department of Justice and served as an Appellate Judge on the Hopi Appellate Court.

“NNNABA applauds President Obama for the historic nomination of Diane Humetewa to the federal bench in Arizona. Ms. Humetewa’s stellar career,including her position as a federal prosecutor, will serve her well as the first female Native American ever appointed to the federal judiciary and the only American Indian in the federal judiciary,” said Mary Smith, NNABA President.

Founded in 1973, NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.

For more information contact 480-727-0420 or visit http://www.nativeamericanbar.org.

Ninth Circuit Affirms Conviction of Fake Indians for Immigration Violations

Here is the Ninth Circuit’s unpublished opinion in United States v. Stowbunenko-Saitschenko. Here is a summary of the case from the opinion:

Oleh Rostylaw Stowbunenko-Saitschenko (“Stowbunenko”) appeals his conviction and sentence for Bringing in Illegal Aliens to the United States … and his conviction for Encouraging Illegal Aliens to Enter the United States …. These convictions resulted from an incident in which Stowbunenko, a naturalized American citizen who claims to be a member of an Indian tribe known as the Little Shell Pembina Band of North America (“PNLSB”), issued certificates of PNLSB membership to two Mexican nationals and then attempted to cross the border from Mexico to the United States with the Mexican nationals. At Stowbunenko’s urging, the Mexican nationals tried to use their tribal membership documents to secure entry to the United States. Stowbunenko was convicted of the above counts following a jury trial and sentenced principally to time served.

Here are the briefs in which the appellant’s make some startling (and frivolous) Jay Treaty and Indian law claims:

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US Attorney for D. Ariz. Confirmed

From Indianz:

Hopi woman confirmed as U.S. Attorney for Arizona

Friday, December 14, 2007
Filed Under: Politics

Diane Humetewa, a member of the Hopi Tribe of Arizona, has been confirmed as the U.S. Attorney for Arizona.

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Indian Woman Nominated to be USA for D. Ariz.

From Indianz:

Hopi woman nominated as US Attorney for Arizona

Friday, November 16, 2007

Diane J. Humetewa, a member of the Hopi Tribe of Arizona, has been nominated as the U.S. Attorney for Arizona.

Humetewa told the Associated Press she was “extremely honored” to be nominated. President Bush sent her nomination to the Senate yesterday. Humetewa was recommended for the job by Sens. John McCain (R) and Jon Kyl (R) after Paul Charlton, the former U.S. Attorney, was fired by the Bush administration last December. But Bush passed over Humetewa when he appointed an interim U.S. Attorney in February. Humetewa has worked for the Department of Justice, the U.S. Attorney’s Office in Arizona and for McCain during his two tenures as chairman of the Senate Indian Affairs Committee. If confirmed by the Senate, se would be the first Native American and first Native woman to serve as U.S. Attorney for Arizona.

Get the Story:
Bush taps Hopi for Ariz.’s U.S. attorney (The Arizona Republic 11/16)

Press Release: McCAIN, KYL URGE SENATE JUDICIARY COMMITTEE TO SWIFTLY VOTE ON THE NOMINATION OF DIANE HUMETEWA AS ARIZONA DISTRICT U.S. ATTORNEY (McCain/Kyl 11/15)