Native American Woman Nominated to Federal Bench


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On September 19, President Barack Obama announced that Diane J. Humetewa was a nominee for the US District Court for Arizona. The nomination was made in response to widespread requests for representation on the federal bench of Native American interests.

Humetewa is a Hopi citizen, and served as an appellate court judge for the Hopi Tribal Appellate Court from 2002 to 2007.

Obama had previously nominated Native American, Arvo Mikkanen, of the Kiowa Tribe, to the federal bench, but Republican senators successfully blocked that nomination during the president’s first term. Oklahoma’s senators in particular expressed frustration that the administration did not consult with them on the nomination, but they would not say specifically why they took issue with Mikkanen was at the time.

If Mikkanen had been confirmed, he would have been the only American Indian to serve on the federal bench, out of a total of 875 federal judgeships. Additionally, he would have been only the third Native American in history to secure a federal judgeship.

If Humetewa's bid for the federal judgeship is successful and she is able to gain the approval of the Senate Judicial Committee and Arizona’s senators, then she will have the distinction of being the first Native American appointed and confirmed to the federal bench by Obama. Reports indicate that US Senator John McCain (R-Arizona) who previously recommended her for a U.S. attorney position during George W. Bush’s second term, will once again advocate for her appointment.

Indian affairs experts have been pressuring the President to make another Native American federal judgeship appointment, citing the large number of Indian law cases heard in federal courts and the US Supreme Court's perceived tendency among Native Americans not to understand tribal law.

Humetewa was previously nominated by President George W. Bush in his second term to serve as the first female Native American US Attorney in history. She resigned from that position in July 2009 as part of the political appointee process in Obama’s then-new administration. S

According to the White House's biography of Humetewa:

“Diane J. Humetewa currently serves as Special Advisor to the President and Special Counsel in the Office of General Counsel at Arizona State University. She is also a Professor of Practice at Arizona State University’s Sandra Day O’Connor College of Law. From 2009 to 2011, Humetewa was Of Counsel with Squire, Sanders & Dempsey LLP. She worked in the United States Attorney’s Office in the District of Arizona from 1996 to 2009, serving as Senior Litigation Counsel from 2001 to 2007 and as the United States Attorney from 2007 to 2009. During her tenure in the United States Attorney’s Office, Humetewa also served as Counsel to the Deputy Attorney General from 1996 to 1998. From 1993 to 1996, she was Deputy Counsel for the United States Senate Committee on Indian Affairs. Humetewa received her J.D. in 1993 from Arizona State University College of Law and her B.S. in 1987 from Arizona State University. She is a member of the Hopi Indian Tribe and, from 2002 to 2007, was an Appellate Court Judge for the Hopi Tribe Appellate Court.”

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