Law360 selected San Francisco Native American Law and Policy counsel Sara Setshwaelo among its "Top Attorneys Under 40." Sara was one of only 156 lawyers chosen out of more than 1,200 submissions—and one of only three recognized in the Native American law category. In Sara's featured article she comments on her biggest case, largest challenge, source of motivation and she provides advice to young attorneys.
Sara recalls her representation of the Pala Band of Mission Indians executive committee in a membership battle that went to the Ninth Court. "As a tribal member and a lawyer working in Indian Country," Sara quotes, "I fully believe in a tribe’s right to determine its members without outside involvement of other entities, and that includes the federal government." The result? In March 2015, the Ninth Circuit refused to bring back to life a suit challenging the tribe’s membership determination, finding that its sovereign immunity also protected the tribal leaders.
Sara notes that her work representing the Redding Rancheria in California in its bid to open an Indian gaming facility falls into this category. In a project that seemed easy at the onset, the Department of Interior (DOI) rejected the Tribe's request to have the land taken into trust for the development. Sara states, "politics and the DOI administration play a huge role in what happens with regard to the Indian tribes and I might have underestimated the extent to which that was true." As of late, communication between the Tribe and DOI has been key in moving the project in a positive direction. Sara worked for nine years at DOI earlier on in her career.
Sara mentions that there is a shortage of Native people who become lawyers and represent their communities. She states, "That’s very important context for tribes, because they are governments in the same way states and local governments are, but there’s also families. There’s a cultural component that comes along with tribes that’s at odds with other governments that really informs how you work with an Indian tribe.”
Whether you're a Native or Non-Native looking to work in Native American Law and Policy, Sara advises that "in Indian Country, it's very important to know the people and how the tribe operates, not just as a government, but culturally and as a people, and let that inform how you carry out serving Indian tribes."
Read the full article here.