COMMENTS NEEDED for this rule change–go HERE.
Here’s the clarification–the proposed rule change provides TWO options for out of state attorneys in Arizona ICWA cases:
The first is the change to Rule 38, which requires the course (online, about 6 hours, available here). That rule is for the out of state attorneys who contemplate being involved in a number of ICWA cases in AZ over a two year period (say you’re a tribe that divides up your ICWA cases and responsibilities by region, FOR EXAMPLE).
The second change is to Rule 39 and is for attorneys that have an immediate need and/or the rare case in AZ and only plans on appearing for that case. The course is not required for a Rule 39 exception.
This is a really interesting model. Out of state tribal ICWA attorneys are STRONGLY encouraged to file comments explaining your need for special practice rules, and any suggested changes you think might improve the rules.
Thank you to everyone who helped explain Arizona practice, the UBE, and the distinction to between the rules.