THE LAW OFFICE OF LESTER J. MARSTON

Following his graduation from UC Hastings College of Law, Mr. Marston began his law career in the 1970s as a staff and directing attorney at California Indian Legal Services. There, Mr. Marston worked on the seminal case, Tillie Hardwick, et al. v. United States, which resulted in a settlement that restored federal recognition to 17 California Indian tribes and the restoration of their tribal land bases.

In 1982, Mr. Marston went into private practice. More recently, Mr. Marston and his legal team scored a decisive victory by prevailing against the State of California and Governor Gavin Newsom in the case, Chicken Ranch Rancheria of Me-Wuk Indians, Blue Lake Rancheria, Chemehuevi Indian Tribe, Hopland Band of Pomo Indians, and Robinson Rancheria v. State of California and Governor Newsom, 42 F.4th 1024 (9th Cir. 2022).

The Ninth Circuit, in that case, held that California and its governor failed to negotiate tribal-state gaming compacts in good faith by demanding that the tribes agree to compact provisions relating to family law, environmental regulation, and tort law that were unrelated to the operation of gaming activities and far outside the bounds of permissible negotiation under Indian Gaming Regulatory Act.

Mr. Marston and his legal team have additionally worked on significant legislation, including drafting the 1988 amendments to the Indian Reorganization Act, 25 U.S.C. § 476; Sections 16000-16011 of the Fish & Game Code enacted by the California State Legislature, which authorizes the Department of Fish & Game to enter into fishing agreements with Indian tribes; and Sections 1730-1742 of the Code of Civil Procedure, “Tribal Court Civil Money Judgment Act,” enacted by the California State Legislature, which requires the state courts of California to recognize and enforce tribal court civil money judgments.

Mr. Marston and his legal team serve as in-house counsel to tribal governments and tribal entities. He has established and provided legal services to tax commissions, tribal court systems, police departments, housing authorities, fish and game departments, economic development corporations, gaming commissions, and tribal joint powers agencies. Mr. Marston regularly appears before and provides legal advice to tribal councils and arms of tribal governments. He has drafted numerous contracts utilized by tribal governments in the exercise of their governmental authority, including mutual and cross-deputization agreements between tribes and local governments, hunting and fishing agreements between tribes and states, construction contracts, partnerships, joint ventures, and development agreements. Mr. Marston has been involved in hundreds of fee-to-trust land acquisitions.