Linus Everling
Linus Everling
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About Linus Everling
Linus Everling is a tribal law attorney at Linus Everling 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: U of California - Berkeley
Common questions about Tribal Law in Arizona
Answered by Arizona Attorney Search Network
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.
Are tribal courts the same as state courts?
No. Tribal courts are courts of the tribal nation, applying tribal law and (where adopted) tribal codes. They are constitutionally separate from federal and state courts. Tribal courts handle most civil matters arising on the reservation, including tribal member family law, contracts, and torts. Tribal court judgments are entitled to full faith and credit by federal courts under 25 USC § 1911 in some contexts; recognition by other states varies.
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.