Working with the Public Defenders at Navajo Nation

         The predominate image of public defenders in the American zeitgeist is of under-qualified, over-worked, recent law school graduates who will offer such substandard legal services a defendant may be better proceeding pro se. This perception is often compounded when dealing with Federal Indian law and Tribal law, due to historic practices of denying tribes self-determination and self-governance. The United States stripped away portions of tribes’ ability to govern, and then turned around and blamed problems faced by tribes on their lack of governance.  While recent decades have seen minimal returns of criminal jurisdiction, particularly in the area of domestic violence, it often comes with the requirements of conforming tribal court systems to the Anglo model with less regard for traditional restorative justice and peacemaking that do not mandate jail time. Trying to balance federal limitations and tribal custom is a continual challenge, particularly when examined in conjunction with the notion that tribes need to import the American model of justice, one focused on punishment, which has resulted in 25% of the world’s prison population and being the only country to sentence youth to life without parole. Understanding the difficult balance between federal, state, and tribal jurisdiction is not something that can be fully understood in a week’s experience although it pervades every single step attorneys and tribal advocates take. There are centuries of shifting policies and attitudes to take into account and simply deciding that everything needs to be more “Americanized” would be to repeat historical errors and violate the current policy of the federal government which stresses the importance of allowing tribes to determine their own governance, and as much as possible deliver their own services.

      Despite the difficulties I knew I would face as an outsider to the tribe, I was incredibly excited for my placement in the Navajo Nation Public Defense Office. Having already taken American Indian Law and been offered a summer clerkship at DNA People’s Legal Services, I was anxious to see the how the policies played out in practice. When I arrived and met my supervisors Kathy and Rosa, I knew I found a place where my ideals and passions were not just tolerated, but celebrated. These women did not see public defense as a stepping stone to a larger career, but as a life-long calling and plan on staying with PD until their retirement. Public defense is not easy work and it takes a unique level of dedicated and determination to stand up every day and fight for people that many think are not worth the energy. They strive to uphold a high standard of due process while retaining traditional values. That these women have continued to make that stand for longer than I have been alive inspires me in ways that words cannot adequately convey. There are no material goods or words to offer that can express my thanks for the time they spent and wisdom they shared with me this week. The best I can do is continue their amazing legacy by remaining committed to the aid of those who would otherwise have nowhere to turn.

Dee Glickman