Discretionary Tribal Participation in Non-ICWA Cases
ICWA Legal Update 2024
Janet K. Bill, a member of the Picayune Rancheria of Chukchansi Indians, is an accomplished attorney with a specialization in Indian Law and Tribal governance. She holds a Juris Doctor from the Sandra Day O’Connor College of Law at Arizona State University, as well as a Bachelor of Arts with honors and a Master of Arts from Stanford University. Janet is the Chief Justice for the Tule River Indian Tribe of California and Of Counsel at Berkey Williams, LLP. She serves as a Board of Trustees member for the California Indian Legal Services, Inc. and a Board of Directors member for the Fresno American Indian Health Project.
With extensive leadership experience, including serving as a Tribal leader, Janet actively advocates for Native American rights. She contributes to academia as a Lecturer in Federal Indian Law at Stanford University. Recognized for her expertise and dedication, she received the 2024 Outstanding Young Attorney Award from the California Indian Law Association and an Assembly Certificate of Recognition from the California State Legislature. Licensed in California, Janet remains committed to advancing legal services for Tribal communities and creating positive pathways for future generations.
ABBY ABINANTI, Yurok Chief Judge is an enrolled Yurok Tribal member, she holds a Doctor of Jurisprudence from the University of New Mexico School of Law, and was the first California tribal woman to be admitted to the State Bar of California. She was a State Judicial Officer (Commissioner) for the San Francisco Superior Court for over 17 years assigned to the Unified Family Court (Family/Dependency/Delinquency). She retired from the Superior Court in September 2011 and on July31, 2014 was reappointed as a part-time Commissioner for San Francisco assigned to Dependency, and Duty Judge for that Court where she served until 2015. She has been a Yurok Tribal Court Judge since 1997 and was appointed Chief Tribal Court Judge in 2007, a position she held in conjunction with herSuperior Court assignment until 2015.
Bobby Von Martin is a citizen of the Choctaw Nation of Oklahoma. He speaks publicly all around the country on mental health, suicide awareness, culture, and alcohol awareness, speaking at universities, youth groups, mental health and treatment centers, and more. Every year, he also gifts over $10,000 worth of artwork to local elders that he painted in his community. Some of Bobby's accomplishments include:
- 2021 Horizon Artist of the Year - International-selling Fine Art artist - Artwork hanging in Washington DC in the Hall of Tribal Nations building - Published illustrator by Harper Collins publishing - Creator/operator of Honor Your Elders Art Exhibit - Creator/operator of Walk with Your Ancestors Art Exhibit - Artwork and self-used in the Marvel series Echo - 2023 California Arts Council Fellowship Award winner - Teaches art therapy across the country to at risk youth.
Assemblymember James C. Ramos, a lifelong resident of the San Manuel Indian Reservation and member of the Serrano/Cahuilla tribe, became the first California Native American state lawmaker in 2018. He currently represents the 45th District, which includes the cities of Fontana, Highland, Mentone, Redlands, Rialto, and San Bernardino. In 2023 Ramos was appointed to serve as the Chair of the Rules Committee, and the first California Native American in the state’s history to serve in this role. He currently serves as Chair of Budget Subcommittee No. 6 on Public Safety, and as Chair of the California Legislative Native American Caucus.
Ramos is a member of the Serrano/Cahuilla tribe. As a child, Ramos lived with his family in a mobile home in one of the most poverty-stricken areas of San Bernardino County. To help support his family while attending school, he worked in fast-food restaurants and as a janitor in the San Bernardino City Unified School District. Recognizing the importance of education, he went on to receive an Associate Degree in Business at Victor Valley College, a bachelor’s degree in accounting at California State University, San Bernardino, and a master of business administration degree at the University of Redlands.
As a successful small business entrepreneur, Ramos accumulated broad experience in many levels of community and government matters. Ramos’ commitment to public service led to a number of firsts: the first Native American named to the California State Board of Education, the San Bernardino Community College Board of Trustees, and the San Bernardino County Board of Supervisors.
During his time on the County Board of Supervisors, he served as Board Chair from 2015-2017, where he oversaw America’s largest County and served a community of nearly 2.2 million residents. As chair, Ramos oversaw a County government comprised of more than 40 departments and agencies staffed by more than 25,000 public service professionals providing a wide range of vital services in areas that include public safety, health, and human services, economic development, housing, recreation, and culture. Ramos’ wide range of experience and knowledge of local and regional issues is complemented by his unique ability to bring Republicans and Democrats together to collaborate on a variety of issues.
In addition to his elected service, Ramos is a proven civic leader and has served on numerous boards and organizations in the Inland Empire. He is a former Chairman of the San Manuel Band of Mission Indians, with a deep commitment to the preservation of California Indian culture. As Chairman, he helped lead the day-to-day operations and, during that time saw tremendous growth of a thriving tribal government. Additionally, Ramos is co-founder of the San Manuel Band’s Cultural Awareness Program and serves as director of the California Indian Cultural Awareness Conference held annually at California State University, San Bernardino.
James and his wife, Terri, have been married for more than 35 years and are the proud parents of four children and grandparents of three grandchildren.
Brett Lee Shelton is an Oceti Sakowin Oyate member, enrolled at Pine Ridge. He is a Staff Attorney at the Native American Rights Fund, where his work focusses on cultural protection and revitalization, including responsibility for the Indigenous Peacemaking Initiative, and sacred places protection and health policy work. He also serves as an appellate justice for several Tribal Courts of appeals around the country.
Brett has also worked in private practice, as a policy analyst for the National Indian Health Board, as a grassroots organizer for international indigenous peoples in genetic research evaluation, and assisting domestic violence victims in civil court for a nonprofit based on his home Reservation, the Pine Ridge Reservation in South Dakota and Nebraska.
He received his law degree from Stanford University, and a Master of Arts from the University of Kansas. While Stanford, he was honored by the Foundation of the State Bar of California with an Exceptional Merit Award for Public Service Leadership, he received the John Milton Oskison award for best graduate student paper, and was named Indian Graduate Student of the Year. He is currently licensed to practice law in the courts of several States and Tribal Nations.
Judge Shawna Schwarz has been on the bench for over 23 years, all but two of those years in Dependency Court. She has been the supervising judge of Juvenile Dependency Court in Santa Clara County Superior Court since 2010. In addition to a caseload that includes children ages 0 to 17, she hears the cases for all of the “non-minor dependents” – youth ages 18-21 who have opted to remain in extended foster care in order to get assistance in the transition to adulthood. She also oversees the administration of psychotropic medications to foster youth in her county, reviewing all of the requested orders and holding review hearings on all cases in which youth receive medications.
In addition presiding over cases, Judge Schwarz has created numerous “cheat sheets,” flow charts, infographics and decision guides used by judges and attorneys across the state. She provides trainings on many aspects of juvenile dependency, including the Indian Child Welfare Act, restraining orders, and case law updates. She has trained countless social workers, community based organization staff and community members on the overlap of domestic violence and child maltreatment. Since January 2003 Judge Schwarz has provided training on the Juvenile Dependency Court process for all the new CASA volunteers for the Child Advocates of Silicon Valley. In addition to training judges across the state on dependency law, and she occasionally trains them on how to use PowerPoint effectively.
Judge Schwarz was recognized by her colleagues as the Wilmont Sweeney Juvenile Court Judge of the Year in 2015 and in 2019 was recognized by the National CASA Association as Judge of the Year.
In September 2020, Judge Stout was appointed as the Chief Judge of the Bishop Paiute Tribal Court. He was one of the original members of the Tribal Court/State Court Forum as a state court judge, and now serves on the Forum as a Tribal Court judge.
Judge Stout retired in 2018 from the Superior Court of California, County of Inyo; after serving 21 years on the bench. Since his retirement, he has also served in the Chief Justice’s Temporary Assigned Judges Program, sitting primarily in Sacramento, El Dorado, Placer, Inyo, and Mono counties.
He is a former member of the Judicial Council of California; Co-chair of the Judicial Council’s Family & Juvenile Law Advisory Committee; member of the Blue-Ribbon Commission on Children in Foster Care; Domestic Violence Practice and Procedures Task Force; and Chair of CJER’s Rural Courts Education Committee. He was also a member of the State Bar of California’s Commission on the Revision of the Rules of Professional Responsibility.
In 2006 he was named by the California Judges Association as the Wilmont Sweeney Juvenile Court Judge of the Year, and in 2017 was honored by the Chief Probation Officers of California as their Judge of the Year.
Prior to his appointment to the bench, he served appropriately 10 years as the Assistant District Attorney of Inyo County, and nearly 10 years as the Inyo County Public Defender. He is a former member of the Board of Directors of the California Public Defenders Association.
Stephen M. Place of Bishop was appointed by Governor Jerry Brown in 2018 as Judge of the Inyo Superior Court. Place previously had been a sole practitioner since 2013. He was a partner at Hardy and Place from 2006 to 2013 and at Place and Christensen from 2004 to 2006. Place was a sole practitioner from 2002 to 2004 and an associate at the Law Office of Peter E. Tracy from 1996 to 2001. He earned a Juris Doctor degree from the University of Montana School of Law and a Bachelor of Arts degree from St. Olaf College.
Judge Christine Williams, a Yurok Tribal member, has over twenty years’ experience in the field of Indian law and over ten years’ experience serving as a judge for various tribes throughout California. She has spent her legal career focused on representing tribes in a broad spectrum of legal matters—primarily tribal court development, Indian child welfare and cultural resource protection. Judge Williams currently serves as the Chief Judge of the Wilton Rancheria Tribal Court. Judge Williams is also the Chairperson for the California Tribal Court Judges Association. She is an appointee to the Judicial Council of California’s Tribal Court State Court Forum and a member of the California Indian Law Association and the National American Indian Court Judges Association. Judge Williams was admitted to practice law in the State of California in 2000. She earned a Juris Doctor degree and Federal Indian Law Certificate from Arizona State University College of Law in 2000. She graduated from UCLA with a Bachelor of Arts Degree with a double major in Women’s Studies and Sociology in 1996.
Devon Lomayesva was appointed by Gov. Gavin Newson to the San Diego County Superior Court on October 7, 2024. Judge Lomayesva was sworn in on November 1st, 2024, at the Central Courthouse in San Diego. Judge Lomayesva is the first American Indian woman enrolled in a federally-recognized California Indian Tribe to be appointed as a Judge of the Superior Court in the State of California, and the first Native person to be appointed to the San Diego County Superior Court. Prior to her recent appointment, Devon served as the Chief Judge of the Intertribal Court of Southern California (ICSC) from 2016-2024. The ICSC serves eleven member tribes and numerous other tribes and tribal organizations throughout southern California and beyond. She was also the owner of Lomayesva Law Corporation, P.C., from 2014-2024, where she primarily represented the Soboba Band of Luiseno Indians as well as other Tribes, in her commitment to preserving the rights of Indian Tribes via the practice of Tribal and Federal Indian law. Devon has also held the positions of Executive Director of California Indian Legal Services, In-House Tribal Attorney for the Iipay Nation of Santa Ysabel, Lecturer at San Diego State University, American Indian Studies Department, and Adjunct Professor at Palomar College. She has also served a four-year term on the Iipay Nation Tribal Council and numerous committee positions. Devon is a co-founder of the American Indian Recruitment Programs, established in 1993. This program is designed to promote positive youth development through education, culture and other positive projects and events for local Native youth. Devon was appointed to the Tribal Court-State Court Forum from 2017-2024, coming together with tribal and state court judges to address areas of mutual concern. She also served as the Vice-President of the California Tribal Court Judges Association, Federal Bar Association Tribal Judges Sub-Committee, and the CA State-Federal Judicial Commission. Devon is a member of the Native American Lawyers Association of San Diego, the California Indian Law Association, Federal Bar Association, San Diego County Judges Association, and California Judges Association. She has also served as the Chairperson of the Santa Ysabel Traditional Gathering Committee for the last twenty-five years. Devon received her B.A. in History from San Diego State University in 1994 and her J.D. from California Western School of Law in 1999. Her passions include tribal language and cultural preservation, Native youth education and advancement, and spending time with family. Devon and her husband have three children where they live in Valley Center, CA.