Professional Biography

CONLY J. SCHULTE

  

I have had the privilege of serving as general and special legal counsel for numerous federally recognized Indian tribes, tribal regulatory agencies and tribally-owned entities for over 22 years.  Federal Indian law has been the primary focus of my professional career.  I advise my clients on a wide variety of issues important to tribal governments, including the preservation and full exercise of sovereign rights, federal recognition, land acquisition, gaming, enforcement of treaty rights, negotiation of tribal-state gaming compacts and other intergovernmental agreements, structuring complex commercial transactions, interfacing with federal and state agencies, and  tribal government best practices. 


I also have extensive experience serving as lead litigation counsel for Indian tribes and tribally-owned entities in judicial, arbitration and administrative forums on a wide variety of issues, including Indian Gaming Regulatory Act litigation, federal fee-to-trust land transactions, tribal exemptions from state regulatory laws, breach of federal trust obligations, federal Tort Claims Act litigation, federal recognition of tribal status, tribal taxing jurisdiction, NEPA litigation, Endangered Species Act litigation, commercial disputes, and constitutional rights litigation. I have also served as a co-instructor for a law school course on federal Indian law and have spoken at numerous seminars on various legal issues affecting Indian Country.    
 

PRACTICE AREAS: Trial and Appellate Advocacy; Tribal Governance; Tribal Sovereignty and Self-Determination; Taxation; Economic Development; Trust Land Acquisition; Natural Resources; Gaming; Environmental and Cultural Preservation; Employment Law; Civil Rights; Governmental Negotiations; Administrative Law; Contracts; and Federal Acknowledgment and Recognition.
 

ADMISSIONS: Colorado and Nebraska; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Sixth, Seventh, Eighth, Ninth, Tenth and District of Columbia Circuits; U.S. Court of Federal Claims; U.S. District Courts for the District of Columbia, Western District of Michigan, District of Nebraska, Eastern District of Wisconsin, and the Northern District of Iowa; Winnebago Tribal Court; Santee Sioux Nation Tribal Court; Gun Lake Tribal Court; Eastern Shoshone & Northern Arapaho Tribal Court; and Muscogee (Creek) Nation Tribal Court. Mr. Schulte has also been admitted pro hac vice to practice in cases in state and federal courts located in Arizona, California, Colorado, Connecticut, Massachusetts, New York, Oklahoma and Washington states.
 

EDUCATION: Creighton University (J.D., Cum Laude 1993); Board of Editors, Creighton Law Review; University of Nebraska at Lincoln (B.A., 1990).
 

PRIOR LEGAL EXPERIENCE: Partner, Frddericks Peebles & Morgan, LLP (2000  - 2018); Associate Attorney, Fredericks Peebles & Morgan, LLP (1995 - 2000); Adjunct Faculty Co-Instructor, Creighton University School of Law (2000); Judicial Law Clerk to the Hon. John F. Irwin, Nebraska Court of Appeals (1993 - 1995).
 

REPRESENTATIVE CASES: Patchak v. Zinke,  2018 U.S. LEXIS 1515 ( U.S. Sct. Feb. 27, 2018); Standing Rock Sioux Tribe v. United States Army Corps of Eng’rs, 255 F. Supp. 3d 101 (D.D.C. 2017); Patchak v. Jewell, 828 F.3d 995 (D.C. Cir. 2016); People v. Miami Nation Enterprises, 223 Cal. App. 4th 21, 166 Cal. Rptr. 3d 800 (Cal. App. 2014); Michigan Gambling Opposition v. Kempthorne, 525 F.3d 23 (D. C. Cir. 2008); Wyandotte Nation v. Sebelius,443 F.3d 1247 (10th Cir. 2006); Wyandotte Nation v. National Indian Gaming Com'n, 437 F.Supp.2d 1193 (D. Kan. 2006); United States v. Santee Sioux Tribe of Nebraska, 324 F.3d 607 (8th Cir 2003); Lac Vieux Desert Band Of Lake Superior Chippewa Indians v. Michigan Gaming Control Bd., 276 F.3d 876 (6th Cir. 2002); Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Kean-Argovitz Resorts-Michigan, LLC, 249 F.Supp.2d 901 (W.D.Mich. 2003); Wampanoag Tribe of Gayhead (Aquinnah) v. Massachusetts Commission Against Discrimination, 63 F.Supp.2d 119, (D. Mass. 1999).
 

ASSOCIATIONS: Colorado State Bar Association; Nebraska State Bar Association; American Bar Association; Special Member, Native American Bar Association.
 

TEACHING POSITIONS: Adjunct Faculty Co-Instructor, Creighton University School of Law, Fall 2000.
 

LEGAL AUTHORSHIP: Working to Preserve Tribal Sovereignty and Prepare for Pending Changes, Inside the Minds, Emerging Issues in Tribal State Relations (Aspatore, 2010 Edition); Co-Author, The Use of Internet Communication Facilities and the Indian Gaming Regulatory Act, 2 Gaming Law Review 473 (1998).