Cherie Espinosa
Navajo Nation Judicial Branch
Phone pending
About Cherie Espinosa
Cherie Espinosa is a tribal law attorney at Navajo Nation Judicial Branch serving Native communities and clients in Arizona, Arizona. Tribal law practice in Arizona involves federal Indian law (the Indian Reorganization Act, the Indian Civil Rights Act, the Indian Gaming Regulatory Act), tribal codes of the 22 federally-recognized tribes within or adjacent to Arizona, and state-tribal compacts, addressing jurisdiction, gaming, water rights, and economic development. Contact details appear below.
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Education
- Law School: Arizona State
Common questions about Tribal Law in Arizona
Answered by Arizona Attorney Search Network
How does the Indian Child Welfare Act apply in Arizona?
ICWA, 25 USC § 1901 et seq., applies to state-court custody proceedings involving Indian children. It requires notice to the child's tribe, gives tribes the right to intervene or transfer the case to tribal court, and establishes preferences for placement with extended family or tribal members. Arizona courts apply ICWA in adoption, foster care, and termination proceedings.
What is a state-tribal compact in Arizona?
A state-tribal compact is a formal agreement between a tribal nation and the State of Arizona on matters of shared concern - most commonly gaming under IGRA, but also tobacco taxation, vehicle licensing, and law enforcement cooperation. Compacts are negotiated at the executive level and ratified by the tribal council. Arizona's gaming compacts have been amended periodically since the original 2002 compacts.
Can I sue a tribe in court?
Generally no, due to tribal sovereign immunity. Tribes are immune from suit unless Congress authorizes the suit or the tribe waives immunity. Suits against tribal officers in their official capacity are also generally barred under sovereign immunity. Some commercial activities may involve narrow waivers in contracts. The Indian Civil Rights Act provides limited federal court relief through habeas corpus.