Hon. Sarah I. Wheelock
Native American Heritage Month
Judge Sarah I. Wheelock is a trailblazer and a dedicated public servant. She is the first Native American judge to sit on the Minnesota Court of Appeals. Prior to this role, Judge Wheelock served as Legal Counsel for the Shakopee Mdewakanton Sioux Community and as an appellate judge for the White Earth Band of Chippewa Court of Appeals. She is also an active member of her community, serving as the Director on the board for the Division of Indian Work and Assistant Director for the Twin Cities Native Lacrosse association. Judge Wheelock is a member of the Meskwaki Nation. We are proud to feature Judge Wheelock this Native American Heritage Month!
Describe your journey to law school. What motivated you to enroll?
I applied to law school almost on a whim. It was not something that I grew up knowing I wanted to do. When I was in grade school and middle school, I wanted to become the first Indigenous woman president of the United States. Then in high school, I thought I wanted to become a medical doctor. I did well in school, and as a result, many of the adults I encountered expressed the idea that I should go to medical school. I began college as a pre-med biochemistry major. About halfway through college, I realized that I actually did not want to be a doctor and that I was just doing what I thought other people expected me to do. I became a geography major because I was intrigued by the intersection of place, culture, and political- social issues. By the time I got to graduation, I was still unsure of what I wanted to do next and thought that continuing my education would be beneficial. I was considering attending graduate school in urban and regional planning, but late that spring, it occurred to me that law school offered a way to continue my education that would open the door to many more possibilities than graduate school. I believed that I was good at writing and speaking and thought that learning how to advocate within the legal system would facilitate careers other than the practice of law if I decided I did not want to “be a lawyer.” I viewed a law degree as a way to continue developing useful and marketable skills while keeping my options open. I didn’t know if I would get accepted because it was late in the application process, but I sent my application in to one school anyhow. The University of Iowa College of Law accepted me that year, and it turned out to be a great fit.
What skill or knowledge did you acquire in law school that has helped you over your career?
I learned that I was capable of more than I thought possible. There are times when we, as individuals, are our own rate limiting factor because we think we need more training, more experience, more credentials, more something. While that is sometimes true, it is also often true that we doubt ourselves because we listen to a voice in our head that questions whether we are good enough. It reminds me of a quote commonly attributed to Henry Ford: “Whether you think you can, or you think you can’t—you’re right.” Sometimes we need to take a chance, grab an opportunity, or apply for a position that we may not feel 100% ready for because the voice in our head is wrong. And we are just as ready and capable as anyone else who might be selected if we don’t put ourselves out there.
Did you know about appellate work in law school? If not, when and how did it first get on your radar and why were you drawn to it?
I was vaguely aware of appellate work in law school, but I did not give it much thought in terms of a career path. Upon arriving at a large law firm in downtown Minneapolis, however, I rapidly became immersed in federal appellate work. The practice group that housed the Indian law practice at the firm also specialized in environmental law appeals, often representing clients on a pro bono basis in litigation and appeals. I was fortunate to work with some of the best and brightest brief writers and advocates at the firm. As a new associate, I engaged in the necessary research on relevant legal issues and wrote first drafts of briefs. My experience as a writer and technical editor for a journal in law school served me well at that time as I was quite familiar with The Bluebook and enjoyed the process of crafting and then refining a written product. Working closely with partners and exchanging numerous drafts enhanced my writing skills. I am drawn to appellate work because of my love for reading, writing, and editing, as well as the collaboration and precision needed to do appellate work well. I enjoy projects that require meticulous attention to detail and the challenge of tackling difficult intellectual problems, and these are the hallmarks of appellate practice.
Tell us about one of your appellate cases that you found particularly meaningful.
In the midst of my first year on the bench, I dissented in a precedential case. I put significant effort and time into drafting the dissent to thoroughly analyze the issue on which I disagreed with my colleagues. While I knew that intelligent minds could differ in how they view a legal issue, I was still a bit apprehensive about writing a dissent so early in my judicial career. I firmly believed, however, that the conclusion to be drawn from the facts and law was different from the conclusion my panel reached, and I knew that it was critical that I give voice to the minority viewpoint. It was particularly meaningful to me to be able to fulfill the obligation and privilege of sitting on the court by doing what I believe was the right thing regardless of my status as a relative newcomer to the state bench. I had a duty to fulfill to the people of Minnesota, and I met that moment with humility and a willingness to do the work.
How often do you encounter Indigenous people in the appellate field? Why do you think that representation is important?
I rarely encounter Indigenous people in the appellate field who are fellow jurists, counsel, clerks, or staff. While the numbers of Indigenous people attending law school has increased over the last several decades, it seems that very few are specializing in appellate practice. Representation in the appellate field is just as important as in trial work or any other space and place in the legal world. A diversity of perspectives, backgrounds, and lived experiences enables the justice system to have better outcomes, the people to have more confidence in the judiciary, and jurists to make the best decisions possible. In intermediate appellate courts, judges are typically sitting in panels of three, and that number increases for en banc proceedings and state and the federal supreme courts. That means that as appellate courts are grappling with complicated legal issues, many minds are coming together to engage in analysis and robust debate about how to decide the issues. Having Indigenous perspectives “in the room” benefits the courts and the public.
What advice would you give to a law student of color who aspires to be where you are now?
First and most importantly, we need you! Second, you never know where your journey is going to take you, but you should know that there are so many people who want to help you realize your professional goals. I am absolutely passionate about pipeline building for our diverse communities. We need more people attending law school and rising through the ranks to become leaders in every area—from the private sector as managing partners at law firms to the public sector as attorneys general and public defenders; from the staff attorneys to the judges of tribal, state, and federal courts; and from sitting in the rooms where decisions are made to being the decision-makers. Take advantage of the opportunities at law school and as a new member of the bar to learn more about the judicial system and meet people. Join bar associations and affinity organizations. Seek out mentors—formal and informal—who can help guide you, inform you about opportunities, and provide you with the feedback you need to grow. No one gets to where they are alone—we all have mentors, peers, and our support people to help us along the path.
What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?
Actively seek out diverse students and attorneys to encourage, mentor, and support in their professional endeavors and encourage them to reach for the stars.