J.D., with distinction, University of the Pacific, McGeorge School of Law, 2006 M.A. in Native American Studies, University of California at Davis, 2002 B.S., California State University, Chico, 1999
California District of Columbia Morongo Tribal Court U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Central, Northern, Southern, and Eastern Districts of California
Sara Dutschke is keenly aware of the challenges facing Indian Country. Sara has advised and supported tribal clients on complex matters involving tribal sovereignty and governance, government-to-government relations and business and economic development which includes gaming, energy, conventional and bond financing, and tax analysis. She has drafted and reviewed tribal governing documents and intergovernmental agreements; assisted with the federal land acquisition process (aka fee-to-trust) for gaming and non-gaming projects; advised on other Indian lands issues including land claims, leasing and rights-of-way and Section 81 approval requirements; advised tribal clients regarding labor and employment matters; and represented tribal clients in Indian Child Welfare Act matters.
Sara has also represented tribal interests in litigation involving tribal sovereign immunity, intratribal disputes, contract-related claims, and tribal jurisdictional issues. Her litigation experience involves briefing and oral argument in the California superior, federal district court, and Ninth Circuit Court of Appeals.
Before and during law school, Sara was a member of the staff of the BIA’s Pacific Regional Office where she focused on federal land acquisitions, administration, forestry, and fire-related issues. During law school, Sara also participated in the Geneva Institute on Indigenous Peoples Law and Human Rights in Switzerland which included, in addition to coursework on the social, cultural, and political rights of native peoples throughout the world, participation in a Working Group on Indigenous Peoples under the auspices of the United Nations Office at Geneva.
Sara is a member of, and elected Chairwoman for, the Ione Band of Miwok Indians. Prior to joining the Firm, Sara worked at an international firm as a member of their Native American Law and Policy and Federal Regulatory and Compliance practice groups.
Greenfield Gaming Secured a first-of-its-kind agreement with the U.S. Department of the Interior regarding the gaming eligibility of potential tribal trust lands under the Indian Gaming Regulatory Act for the development of a large-scale, greenfield gaming project
Financing in Indian Country Represented tribal clients in five separate refinancing matters which involved coordination and negotiations with lending institutions and federal agencies and resulted in over half a billion dollars in financing for gaming projects in California
Tribal Exhaustion Doctrine Victory Successfully defended a client in a contract dispute in state and federal court which resulted in a ruling that the tribal exhaustion doctrine required that the Peacemakers’ Court of the Seneca Nation rule on the parties’ claims in the first instance
Protecting Sovereign Immunity Participated in a team effort on an amicus brief to the US Supreme Court, joined by 21 federally recognized tribes, in support of sovereign immunity for tribal officials. Lewis v. Clarke, 2016 WL 7634669
Tribal Labor and Employment Assisted a tribal client with overhaul of personnel policies and procedures to ensure protection of tribal sovereign immunity and jurisdiction and the implementation of best practices vis-à-vis employees of the tribe’s government
Fee-to-Trust Transfers Represented tribal clients in both gaming and non-gaming fee-to-trust acquisitions, resulting in the restoration of over 2,000 acres to tribal trust status in California
Official Immunity After Lewis v. Clarke: A Check Against Further Erosion of Tribal Sovereign Immunity? Bloomberg Law: The United States Law Week 06.01.17
State Control of Federal Lands Would Erode Protections of Indian Resources New York Times Room for Debate 01.17.17
Branding the Band: Protecting Tribal Identities Through Trademark Law The Federal Lawyer April 2014
Enforcement of Native American Gambling Debts 15 Gaming Law Review and Economics 10 October 2011
Land Into Trust for Gaming Under the Trump Administration National Indian Gaming Association 34th Annual Indian Gaming Tradeshow & Convention April 2018
The Violence Against Women Act 2013 Reauthorization & Tribal Jurisdiction California Rural Indian Health Board VIBE Conference April 2018
Fee-To-Trust Under the Trump Administration 23rd Annual Western Indian Gaming Conference & Tradeshow February 2018
Tribal Disenrollment and Exclusions: A Discussion of Tribal Interests California Indian Law Association 17th Annual Indian Law Conference October 2017
Tribal Leadership and Governance Certificate Program California Tribal College 2016–2017
Congressional Update and Overview of the New Administration Coalition of Large Tribes Meeting December 2016
Home Lands: Tribal Water Rights, Stewardship & The Environment University of the Pacific Native American Heritage Month Panel Presentation November 2016
Fee-to-Trust in the Pacific Region: Rebuttal to “Extreme Rubber Stamping” 21st Annual Western Indian Gaming Conference & Tradeshow February 2016
Federal Indian Law Santa Clara University School of Law Spring 2013
Tribal Tax Exempt and Economic Development Bonds California Association of Tribal Government Council Fire October 2011
Tribal Rights Under ICWA Morongo Annual ICWA Conference October 2009
Tribal Disenrollment 19th Annual National Indian Justice Center For All My Relations Conference July 2008