Racheal M. White Hawk

As an Associate at Procopio, Cory, Hargreaves & Savitch LLP, Racheal M. White Hawk represents tribes and tribal entities in litigation, gaming, and employment law matters. Racheal has successfully defended tribes and tribal entities on sovereign immunity and tribal court jurisdictional grounds in a variety of courts. Prior to her role at Procopio, Racheal clerked for Judge Mary Schroeder of the U.S. Court of Appeals for the Ninth Circuit and Chief Justice Scott Bales of the Arizona Supreme Court. Racheal is an enrolled member of the Rosebud Sioux Tribe of South Dakota. She is also a TAP mentor. TAP is proud to feature her this Native American Heritage Month!

Tell us about your community growing up. Looking back, how did they shape who you are now?

I grew up in Grand Island, Nebraska. My mom is Sicangu Lakota and I grew up knowing I was Native American but I did not understand much about Lakota culture because my mom was adopted into a non-Native home. She was adopted during a time when federal policy promoted assimilation of Native Americans and 25-35% of Native children were taken from their homes with 90% of them being placed in non-Native homes. Congress eventually enacted the Indian Child Welfare Act to stop this mass exodus of children from Native communities. My Aunt Deb was adopted with my mom as well and she helped me understand more about our Lakota culture and connected me with our biological family. In college I was part of an intertribal student group and was able to explore my identity more there too. Eventually I worked at the Nebraska Commission on Indian Affairs and had the opportunity to be mentored by a strong Native woman, Judi gaiashkibos. Her guidance helped me determine that I wanted to attend law school to keep working with tribal communities.

Describe your journey to law school. What motivated you to enroll?

Connecting with different members of my Lakota family and learning about the many historical injustices against Native people instilled in me the desire to work hard on behalf of tribal communities. I saw a law degree as a tool to right some of these injustices and help Native communities thrive.

What was your law school experience like?

I am so grateful I attended Arizona State University’s Indian Legal Program. The professors were not only top-notch Indian law scholars, but were also generous mentors who helped get me to where I am today. We also had a large group of Native American students to lean on for support during tough times. And I am fortunate to still be working with ASU alum Kerry Patterson at my firm, who has been an exceptional mentor to me.

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 did not fully appreciate the distinction between trial and appellate work at first in law school. I started to understand the difference through my externships. In law school I externed at the U.S. District Court for the District of Arizona and the Arizona Court of Appeals. I found through these externships that I really enjoyed the appellate aspects of legal advocacy. I ended up clerking at the Arizona Supreme Court and the Ninth Circuit after law school and I will cherish those experiences throughout my legal career. It was such a gift to have a backstage pass to see how judges determine cases and how courts function.

Tell us about one of your appellate cases that you found particularly meaningful.

I am still early in my career, but I am grateful for the opportunity to work on a case under Glenn Feldman at my firm. Glenn is brilliant and responsible for successfully arguing the California v. Cabazon Band of Mission Indians Supreme Court case, which influenced the enactment of the federal Indian Gaming Regulatory Act and the establishment of Indian gaming enterprises across the country. The appellate case we are working on now is about protecting tribal court jurisdiction and sovereign immunity, which I am passionate about. I am very grateful to be working with Glenn on this matter.

How often do you encounter Indigenous people in the appellate field? Why do you think that representation is important?

There are many indigenous people practicing federal Indian law at the appellate level. However, there still seems to be a gap in indigenous people serving as lead counsel and arguing cases affecting Indian country nationally, but I think this is slowly changing. Diversity at all levels is important to produce better and more informed decision-making.

What advice would you give to a law student of color who aspires to be where you are now?

I suggest connecting with someone who practices the type of law you are interested in. My school offered mentorship programs and those were great ways to meet people working in federal Indian law. I also recommend exploring lots of job opportunities. In law school, I worked as an extern for trial and appellate judges, as a summer intern at a non-profit, and as a summer associate at a law firm. I also took an Indian Legal Clinic and represented a Native criminal defendant in tribal court. All of these experiences helped me understand where I wanted to end up.

What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?

For law schools, professors should encourage students to apply to clerkships. My professors were very encouraging, but students at other schools have told me their professors discouraged them from applying. I don’t think anyone should be discouraged from applying for a clerkship if that’s what they want to do.

The appellate bar should continue to perform outreach to students, and especially student groups such as the Native American Law Students Association, to provide mentorship opportunities or learning lunches to expose students to this type of work.