Rob Roy Smith advises Indian tribal clients and others doing business in Indian Country on all aspects of federal, state, and tribal law, including economic development, natural and cultural resource protection, taxation, tribal sovereignty and gaming. He is a member of the firm’s Indian law and Litigation Departments.
For nearly a decade, Rob has successfully represented Indian tribal governments, individual Indians, and businesses in complex litigation before state and federal trial and appellate courts, as well as the Idaho Supreme Court. He has filed briefs before the United States Supreme Court and the United States Court of Federal Claims on a variety of issues, including breach of trust and fiduciary duty. He is admitted to practice in Idaho, Washington, Oregon, and before numerous federal and tribal courts.
Rob serves as an adjunct professor at Seattle University School of Law.
Professional Experience
- Ater Wynne LLP, Seattle, Washington, Of Counsel, 2007 to present
- Morisset, Schlosser, Jozwiak & McGaw, Seattle, Washington, 2002 to 2007
- Nez Perce Tribe Office of Legal Counsel, Lapwai, Idaho, 2000 to 2002
Education
- Northwestern School of Law of Lewis and Clark College, J.D. Certificate in Natural Resources and Environmental Law, cum laude, 2000; Animal Law Journal, Editor in Chief, 1999 to 2000; Environmental Law Review, member 1998 to 1999; Natural Resources Leadership Award, 2000
- College of the Holy Cross, Massachusetts, B.A., 1997
Admitted to Practice
- Washington (2003); Oregon (2000); Idaho (2001); U.S. Supreme Court; U.S. Court of Federal Claims; U.S. Tax Court; U.S. Court of Appeals for the Ninth Circuit; U.S. District Courts for the Western District of Washington, Oregon, and Idaho; Various Tribal Courts
Professional Activities
- Seattle University School of Law, Adjunct Professor, Federal Indian Law, 2008 to present; Washington BarBri Instructor, Federal Indian Law; Washington State Bar, Indian Law Section; Oregon State Bar, Indian Law Section; Idaho State Bar, Indian Law Section, Co-Founder and Past Chair
Community Activities
- Lewis and Clark Law School, Alumni Board of Directors, 2007 to present; King County Bar Association, Urban Indian Legal Clinic, Volunteer Attorney 2008 to present; Animal Legal Defense Fund, Volunteer Attorney, 2007 to present; Marathon Maniac
Representative Matters
- Sweet v. Hinzman, 2009 WL 1175647 (W.D. Wash., Apr. 30, 2009), successfully litigated first-ever bench trial in Federal court under the Indian Civil Rights Act to overturn an unlawful banishment action on due process grounds
- United States v. Washington, 252 Fed.Appx. 183, 2007 WL 3129435 (9th Cir. 2007) (unpublished), successfully reversed dismissal of claims in treaty rights litigation on behalf of Indian tribes
- Eastern Shawnee Tribe of Oklahoma v. Ohio, 2006 WL 2711563 (N.D. Ohio, Sept. 19, 2006) (unpublished), argued on behalf on Indian tribe in aboriginal Indian land claim litigation
- Oregon Trollers Ass’n v. Gutierrez, 452 F.3d 1104 (9th Cir. 2006), successfully upheld government decision limiting commercial fishing activities to support federal trust responsibilities to intervenor Indian tribe
- Pacific Shipyards Intern., LLC v. Tanadgusix Corp., 145 Fed.Appx. 568, 2005 WL 1926485 (9th Cir. 2005) (unpublished), successfully defended civil RICO action filed against Alaska Native Corporation
- Kennewick Public Hosp. Dist. v. Pollution Control Hearings Bd., 126 Wash. App. 1030 (Wash. App. 2005), successfully defeated action for failure to consult with Indian tribal governments
- Westlands Water District v. U.S. Department of Interior, 376 F.3d 853 (9th Cir. 2004), successfully defended Trinity River Environmental Impact Statement under NEPA from legal challenge
- Chenega Management Corporation v. Qawalangin Tribe of Unalaska (2004), successfully defeated one million dollar construction contract claim before arbitration panel in Alaska.
- Bonnichsen v. U.S., 357 F.3d 962 (9th Cir. 2004), argued on behalf of four Indian tribes seeking repatriation of ancient human remains under NAGPRA
- Noh v. Cenarrusa, 137 Idaho 798, 53 P.3d 1217 (Idaho 2002), in an original action before the Idaho Supreme Court, successfully defended an Indian gaming state ballot measure from state constitutional challenges
- Coeur d'Alene Tribe v. Hammond, 224 F.Supp.2d 1264 (D. Idaho 2002), successfully defeated state tax scheme that unlawfully taxed Indian tribal governments
Representative Publications and/or Presentations
- Tips and Strategies for Defending Indian Tribal Government IRS Audit, Washington State Bar Association Indian Law Newsletter, March 2008
- At A Complex Crossroads: Animal Law in Indian Country. ANIMAL LAW. Lewis and Clark Law School. Vol. 14, No. 1, 2007
- Indian Tribes, Tribal Lands and Indian Arts and Crafts, CULTURAL PROPERTY YEARBOOK. 2007, 2008, 2009
- If you Think Federal Labor Laws Do Not Apply to Indian Tribes, Think Again, Idaho State Bar Advocate. April 2007
- Cultural Resource Protection Strategies: Post-“Kennewick Man.” Paper written and presented at The Changing Dynamic of Indian Law in the Pacific Northwest, Seattle, Washington. May 2004.
- Resolving Tribal Personnel Issues: Establishing an Effective Framework. Presented to Washington State Bar Indian Law CLE. May 2007
- The Council’s Counsel: The Ethics of Representing Tribal Councils. Idaho State Bar Annual Meeting. July 2006
|
|
 |