Michael P. Upshaw

Attorney at Law

Over Three Decades of Legal Experience in indian Tribal and Federal Law

With a legal career spanning over 30 years, Mr. Upshaw has established himself as a knowledgeable attorney, particularly in the areas of Federal Indian Law, Construction Law, Education Law, and Civil Litigation. His proficiency encompasses a deep understanding of Indian Tribal Governments, Tribal and State Jurisdiction, and litigation before Tribal, State and Federal courts, making him a respected figure in legal matters concerning Indian nations and tribal and federal law matters.

Mr. Upshaw is a member of the Navajo Nation, where he was born and raised, and spoke Navajo as his first language.

Admitted to the Bar of Arizona, Arizona federal District Court, Ninth Circuit Court of Appeals and the United States Supreme Court, and a member of the Navajo Nation Bar Association and most tribal courts in Arizona, Mr. Upshaw has a wide range of legal practice.

As the Attorney General for the Navajo Nation, he led a team of over twenty attorneys in providing legal services and representation of the Navajo Nation. His tenure in this position  includes the renegotiation of major coal leases for the Navajo Nation.

Prior to his tenure as Attorney General, Michael Upshaw served as Assistant General Counsel for the Gila River Indian Community and General Counsel for the Tonto Apache Tribe. He has also provided his legal knowledge and representation as Special Counsel to the Yavapai Apache Nation in Camp Verde. He has provided legal counsel and representation to most all of the Indian Housing Authorities in Arizona. He provides legal services to schools and colleges on Indian Nations.

Michael Upshaw has litigated numerous cases before the Navajo Nation Supreme Court in a range of complex legal matters involving jurisdiction, election, and education law. He provided insurance defense litigation representing major insurance companies such as Liberty Mutual, Geico, National Interstate, Golden Eagle, and EMC Insurance Companies.

Admissions

State Bar of Arizona

Served as Chairman of the Indian Law Section and is a member of the Construction Law Section 

Arizona Federal Court

Federal Ninth Circuit Court of Appeal and the U.S. Supreme Court

Navajo Nation Bar Association and most Tribal courts in Arizona

Past Positions

Navajo Nation Attorney General
Assistant General Counsel, Gila River Indian Community
General Counsel, Tonto Apache Tribe
Special Counsel, Yavapai Apache Nation, Camp Verde

Published Cases

Navajo Election Administration & Edison Wauneka v. Window Rock District Court, No., SV-CV-23-15 (Nav. Sup. Ct. Apr 22, 2015);

Dale Tsosie & Hank Whitehorne v. Navajo Board of Election Supervisors and Navajo Election Administration, No., SC-CV-68-14 (Nav. Sup. Ct. Feb 22, 2015);

Cecelia Wauneka & Clara Kirk v. Yazzie and Hunters Point School, No. SC-CV-23-15 (Nav. Sup. Ct. Jan 4, 2013);

Evelyn Meadows v. Navajo Nation Labor Commission, No. SC-CV-64-11 (Nav. Sup. Ct. Nov 2, 2012);

Shirley v. Navajo Nation Labor Commission, No. SC-CV-64-11 (Nav. Sup. Ct. Aug 2, 2010);

Office of the President v. Navajo Board of Election and Navajo Election Administration, No. SC-CV-59-10 (Nav. Sup. Ct. Oct 25, 2010);

Chee v. Navajo Election Administration, No. SC-CV-67-10 (Nav. Sup. Ct. Dec 28, 2010);

George & Mary Burnside v. Thrftway Corporation, No. SC-CV-38-94 (Nav. Sup. Ct. Aug 17, 1995);

Shirley v. Morgan, (SC-CV-02-10, Nav. Sup. Ct. Slip. Op. May 20, 2010);

Nelson v. Initiative Committee, (SC-CV-03-10, Nav. Sup. Op. as Amended on June 2, 2010).

Insurance Defense Litigation

Liberty Mutual
Geico
National Interstate
Golden Eagle
EMC Insurance Companies