Number of Native federal judges continues to grow

RAPID CITY—On May 16, 2014, Diane Humetewa (Hopi) became the first Native American woman jurist ever appointed to a federal bench. She was appointed by President Barack Obama to the United States District Court in Arizona. Only seven Native Americans have ever been appointed to a federal court, although two have somewhat tenuous connections to Native ancestry.

Sixty years ago, there were only about a dozen Native attorneys nationwide, but a major effort begun by Dr. Jim Wilson (Oglala), then manning the Indian Desk of President Johnson’s Office of Economic Opportunity, would educate and empower a fresh generation of gifted Native legal minds. Some would become advocates and legislative advisors, some professors, and some highly skilled litigators.

Frank Howell Seay is credited with being the first Native American to be appointed to a federal bench, when President Jimmy Carter selected him in 1979 to the United States District Court for the Eastern District of Oklahoma. At the time of his appointment Seay was unaware he was Native but later discovered his grandfather was allegedly a full-blood, although no one knows what tribe for certain, but possibly Cherokee.

Seay was succeeded by Billy Michael Burrage (Choctaw) in 1994, appointed by President Bill Clinton. Burrage presided over all three Oklahoma districts. Born in 1950, he retired from the bench in 2001 and went into private practice. From 1999-2002, Burrage and other family members became sole owners of the FirstBank of Oklahoma. He then started one law firm, and became managing partner in another.

Thirteen years after Burrage, President Barack Obama made Diane Humetawa (Hopi) the third Native appointed to a federal bench in 2014. North Dakota Senator Heidi Heitkamp said at that time, “I have no doubt that she will hold the court to the highest standards, as she has done throughout her career. Her vast and diverse experience shows that she is more than qualified for this position – from her work as a prosecutor and appellate court judge to her tribe, the Hopi Nation in Arizona, to her advocacy for victims’ rights to her work in academia. She’s an inspiration to Native American families across North Dakota and the country, and I hope that other young Native Americans strive to give back to their communities and stand up for others in the way that Ms. Humetewa has. It’s long overdue that Native Americans are better represented on the federal bench, and today’s vote is an important step forward.”

Born in 1964, Humetawa is also a Professor of Practice at Arizona State University. She is considered an expert on Indian Law and has instructed law enforcement and prosecutors on Indian law.

Humetawa has twice been considered for a spot on the United States Supreme Court. She was mentioned as a possible consensus nominee following the untimely passing of Antonin Scalia in 2016. Four years later, President Donald Trump’s shortlist contained the name of Humetawa for the vacancy anticipated due to the ailing Ruth Bader Ginsberg. But that opportunity went to Amy Coney Barrett. Should another Court opportunity present itself in the near future, Humetawa is definitely near the top of most every list.

Ada Elene Brown (Choctaw) is the fourth Native American appointed to a federal bench. She was appointed in September 2019 by President Donald Trump to the United States Northern District of Texas Court. Born in 1974, she is a former trial judge of the Dallas County courts, when appointed by Trump, she became the only woman in the 233-year history of the Choctaw Nation to serve as a federal judge. Brown is trilingual and a member of Mensa, an organization for people possessing an IQ of at least 140.

After she left the county court bench, Brown was a highly skilled litigator. She was selected by Super Lawyers Magazine in 2012-13 as a Rising Star in commercial litigation.

President Joe Biden appointed Lydia Kay Griggsby to the United States District Court of Maryland in April 2019. Although two sources indicate she is Native American, neither her tribe nor her enrollment can be confirmed by NSNT.

A month after Griggsby, Biden selected Lauren Jennifer King (Muscogee) for the Western District Court of Washington State. Born in 1982, King previously taught Federal Indian Law at the Seattle University School of Law. She is entering the prime of her legal career and so has not yet had a chance to rack up the impressive resume of the others.

Sunshine Suzanne Sykes (Navajo) rounds out the list of Federal Native judges. She was appointed to the United States Central District Court of California by President Biden in December 2021. Born at Tuba City, AZ, in 1974, Sykes received her JD from Sanford Law School in 2001. She began her career as a staff attorney for California Indian Legal Services. In 2013, Governor Jerry Brown nominated her to serve as judge on the Riverside County Superior Court.

Although it took decades to get a handful of Native judges on federal benches, in the past few years that number has more than doubled and as the number of Natives entering the legal profession continues to grow, the potential of a Native one day being nominated to the United States Supreme Court comes ever closer to reality.

(Contact James Giago Davies at skindiesel@msn.com)

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