INDIAN LAW

            The Cuddy McCarthy Firm advises a number of tribal clients in New Mexico as well as in other states.  Our expertise encompasses all aspects of Indian law including the interweave of tribal, federal and state law.  We provide general and special legal services to tribes, tribal agencies, schools, judiciaries and most recently a tribal gaming commission.  Our legal representation extends to administrative, legislative, and judicial proceedings in tribal, state, and federal forums.

            Our attorneys assist clients in many areas of Indian law, including:

• Tribal - state - federal agreements

• Development and evaluation of tribal courts, including Peacemaker courts and dispute resolution processes

• Business leasing, contracting and construction

• Water law

• Employment law and tribal employment rights

• Tribal housing - Native American Housing Assistance and Self-Determination Act (NAHASDA)

• Tribal state and federal corporations

• Tribal gaming

• Indian Child Welfare

• Indian tourism

• Indian education – Tribal controlled School Grant Act

• Student rights and responsibilities

• Indian Self-Determination Act and Tribal governance – P.L. 93-638

• Indigenous and customary tribal law

• Tribal code development – including civil, criminal & special areas such as children’s, traffic, probate, domestic violence, and commercial codes or ordinances

• Consultation on tribal, federal and state legislation

• Indian Civil Rights Act

            Partner Cheryl Demmert Fairbanks also has extensive experience working in Indian education and tribal courts.  This Firm has represented the Institute of American Indian Arts and the Santa Fe Indian School for several years.  In addition the Firm has represented many Indian clients including the Alabama-Coushatta Tribe of Texas, Cochiti Pueblo, Mississippi Band of Choctaw Indians, Nambe Pueblo, Pechanga Indian Tribe, Picuris Pueblo, Saginaw Tribe of Chippewa Indians, Sandia Pueblo, Santa Clara Pueblo Gaming Commission, and Zia Pueblo.  Ms. Fairbanks has served as Chief Justice for the Yavapai-Apache Tribe for ten (10) years.  Currently, Ms. Fairbanks serves as a Justice for the Inter-Tribal Court of Appeals of Nevada and is a member of the National American Indian Court Judges Association. 

            The Firm advises clients regarding a wide scope of tribal, federal and state law and jurisdiction and we are experienced in drafting constitutions, agreements, codes, and other legal documents to ensure the protection and exercise of tribal sovereignty.

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