Posted by Tierra Marks.

When Karl E. Johnson, one of the founding members of our law firm, passed on Monday June 3, 2019, we lost a great lawyer, friend and person.  Even though it has been over a year, we continue to think of Karl often, and remember him fondly as we work to ensure the firm continues his vision through our practice.  We provide the following in dedication of Karl and as a statement of recommitment by our law firm to Karl’s passion – serving Native people and Indian Nations.  We also remind all who are inspired by him of the opportunity to donate to the Karl E. Johnson Indian Law Scholarship (see below).

Karl E. Johnson, Jr., was born in Oklahoma City on April 28, 1948.  The start of Karl’s many accomplishments began in high school where he and his longtime debate partner Liz Herring (now Senator Elizabeth Warren) won the Oklahoma state championship in 1966.

After high school, Karl attended Williams College in Williamston, Massachusetts on a full scholarship, but was forced to leave Williams because of his political activities.  Karl continued his undergraduate education at Central State University in Edmond, Oklahoma, and at the University of Oklahoma in Norman, where he graduated in 1970 with a B.A. in philosophy.  Karl earned his J.D. in 1979 from the University of Oregon School of Law in Eugene, where he graduated first in his class.

Karl began his legal career in 1979 at DNA – People’s Legal Services on the Navajo Nation, working primarily in the area of consumer litigation.  In 1981, he joined the faculty at the University of New Mexico School of Law, where for six years he taught courses in federal Indian law, commercial transactions, sales, business associations and jurisprudence, and supervised student transactional and trial work in the law school’s clinical education program.  He twice and consecutively received the law school’s Outstanding Professor award.

Another founding member of our law firm, Randolph (“Dolph”) H. Barnhouse, and current New Mexico Governor Michelle Lujan Grisham, both were students of his at the University of New Mexico School of Law while Karl was a professor.

In 1987, Karl decided to open his own general civil practice, then in 1991 he became Executive Director of the then-New Mexico Bar Foundation, which is now the Center for Civic Values.  In 2000, Karl joined the Law Offices of Thomas E. Luebben and began practicing Indian Law.  In 2006, Karl, along with Mr. Barnhouse and Mr. Luebben, founded Luebben, Johnson & Barnhouse LLP, which became Johnson Barnhouse & Keegan LLP in 2013 and is now known as Barnhouse Keegan Solimon & West LLP (“BKSW”).

Karl served as managing partner of BKSW from 2003 to 2017.  His practice emphasized commercial, construction, real estate, water rights, taxation and environmental matters, as well as general counsel representation of Indian Nations and tribal business enterprises.  Specifically, Karl worked on water management plans and water settlements, such as the Soboba Settlement Act; and he had extensive experience in land matters, including land claims and fee to trust and trust acquisitions.  Karl spent many hours on behalf of his clients negotiating with numerous United States agencies, like the Army Corps of Engineers and the Bureau of Land Management, as well as with city officials, including the City of Los Angeles.  Karl also argued before the Tenth Circuit in Pueblo of Jemez v. United States, which concerned the Pueblo of Jemez’s aboriginal Indian title to the Valles Caldera National Preserve, participated in the trial of that same case, and advised and guided partner, Christina S. West, in preparation for the closing argument.

Karl, to the highest extent and to every meaning of each word, was an amazing lawyer, a meticulous writer, and a great teacher.  When Karl told us “good job,” we knew for sure we had done a good job.  When a case seemed too challenging, Karl would remind us how lucky we were to be working on such an interesting matter.  Karl could spend hours surviving on cold, sub-par coffee, work long nights, and not blink an eye.  We also smile when we remember his love of Hawai’i, and the numerous trips he took there with his wife Michelle and their family.

While Karl is no longer physically walking our firm’s hallways, Karl will always be a part of us.  Karl helped shape what this law firm is today: a law firm filled with attorneys and staff, with Native and non-Native people all of whom are dedicated to representing tribes, businesses and individuals in all aspects of law affecting Native peoples and Indian Nations.  Last year, we converted Karl’s office, a beautiful space overlooking our courtyard, into our small conference room.  We have already held telephonic hearings there, and it has served as our document and strategy room for another land claim case.  Karl would be proud!

Karl and his teachings and stories are remembered by each person he encountered, and our firm is so honored to have had worked with such a great lawyer and person.  For more about Karl’s life, see his obituary published at Indian Country Today, the State Bar of New Mexico, and Albuquerque Journal.

Consistent with Karl’s dedication to Native peoples and Indian Nations, please reach out to our firm or donate directly to the New Mexico State Bar Foundation for the Karl E. Johnson Indian Law Scholarship, P.O. Box 92860, Albuquerque, New Mexico 87199-2860 or online at the Karl E. Johnson Indian Law Scholarship.

Aloha Nui Loa, Karl.

Posted by Tierra Marks.

On July 9, 2020, the United States Supreme Court awarded a significant win for Indian Nations and the protection of their lands in McGirt v. Oklahoma, 591 U.S. ___ (2020).  In McGirt, the Supreme Court held that the land promised to and reserved for the Muscogee (Creek) Nation remains Indian Country, stating that because “Congress has not said otherwise, we hold the government to its word.”

The Court’s 5-4 decision, written by Justice Neil Gorsuch, states that Congress’s promises to the Muscogee (Creek) Nation were not “made gratuitously” nor “meant to be delusory,” and if Congress wishes to break its promise of a reservation, “it must say so.”

In McGirt, the Court confirms that the “most authoritative evidence” of an Indian tribe’s relationship to the land “lies in the treaties and statutes that promised the land to the [t]ribe in the first place.”  The Court rejected the argument that a state’s historical practices, demographics, intrusions on promised rights to self-governance, statements made by a tribe, “a piece of congressional testimony there, and the scattered opinions of agency officials everywhere in between” are enough to disestablish an Indian reservation.  Instead, the Court said that when statutory meaning is clear, these factors act as a “meaningless guide.”

The Court similarly rejected Oklahoma’s arguments that a finding against disestablishment would increase burdens on federal and tribal courts, create potential consequences for civil and regulatory law, and would surprise Oklahoma residents.  The Court instead recognized that warnings, predictions, and notes of caution are not “a license for us to disregard the law.”  These arguments should not, and according to the Court’s decision, are not enough to undo promises made by the federal government to Indian nations regarding their lands.

The Court acknowledged that some people and States may be thinking:  “How much easier would it be, after all, to let the State proceed as it has always assumed it might.”  But as the Court explained, neither this question nor any of the arguments by Oklahoma “would be permitted in any other area of statutory interpretation, and there is no reason why they should be permitted here.”  It continues, “That would be the rule of the strong, not the rule of law.”

The opinion concludes as follows:

Congress has never withdrawn the promised reservation.  As a result, many of the arguments before us today follow a sadly familiar pattern.  Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye.  We reject that thinking.  If Congress wishes to withdraw its promises, it must say so. … [t]o hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding the wrong and failing those in the right.

Our firm is thrilled with the Court’s decision.  We are excited and passionately committed to the future of Indian Nations and the re-affirmation of their status, rights and ability to enforce the promises Congress made to them as to protections of their lands.  We continue our commitment to work with our clients to protect and, where necessary, pursue litigation to recover lands and resources taken from our Native Nation clients.

Posted by Dianna Kicking Woman.

Barnhouse Keegan Solimon & West is excited to announce that Cole Bauman is joining our firm!  Cole is a member of the Red Cliff Band of Lake Superior Chippewa, a Wisconsin tribe, and grew up in Northern Michigan.  He earned his bachelor’s degree in economics at the University of Notre Dame and graduated from the Sandra Day O’Connor College of Law at Arizona State University (“ASU”) in May 2020.

Rather than begin a career in economics after his undergraduate studies, Cole reasoned that to have a truly fulfilling career he should study law, particularly Indian law.  In 2017, Cole got a taste of law while attending the American Indian Law Center’s Pre-Law Summer Institute (“PLSI”) at the University of New Mexico School of Law.  Cole reflected on the program, stating that it was “a guiding experience for me and a time when I was not only educated about the complexities of Indian law, but also encouraged to pursue a career in the field.”  Cole’s interest in Indian law developed into a strong desire to serve Indian country and “an equally strong conviction that a career in Indian law will be the most personally fulfilling career path.”  While in law school, Cole was an executive editor on Jurimetrics, the Journal of Law, Science, and Technology, and he participated in the Maricopa County Diversity Legal Writing Program.  He was also on the Moot Court Board and the ASU Native American Law Students Association Chapter Board.  Cole is a member of the Sandra Day O’Connor Inn of Court, and notably, Cole was named a Willard H. Pedrick Scholar in Recognition of Academic Excellence.  Cole interned at two law firms during law school, but a highlight for him was his externship at the U.S. District Court for the District of Arizona where he worked for the Honorable Judge Diane J. Humetewa.

Unfortunately, Covid-19 cut Cole’s externship short, resulted in law school graduation being cancelled, and postponed bar exams.  Although Cole could not celebrate graduation with his classmates, he is grateful that he and his family have remained healthy.  His enjoyment of PLSI in New Mexico, his exposure to private practice while in law school, and BKSW’s success in litigating important tribal issues motivated Cole to apply with the firm and move to New Mexico.  Cole’s background in economics has grown into a desire to assist tribes with economic development, and he looks forward to putting his education to use for tribes.  Cole is also excited to begin practicing law at the firm with its diverse practice areas critical to Indian country, and to return to some sort of normalcy.  We are excited to have him.

Please join us in welcoming Cole Bauman to Barnhouse Keegan Solimon & West!