ICWA Pro Hac Vice Rule Proposal in Wisconsin


Our Pro Hac Vice page is here.

Wisconsin Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys

In the Matter of the Petition to Amend Wisconsin Supreme Court Rule 10.03(4), Regarding Pro Hac Vice Admission for Nonresident Counsel Appearing in Matters Involving the Indian Child Welfare Act, Petition 18-04

Proposal to Amend WI SCR 10.03(4) to add the following:

(g) Nonresident counsel is not required to associate with an active member of the State Bar of Wisconsin and is not subject to any application or fees for pro hac vice admission if they establish to the satisfaction of the Court that:

  1. The nonresident counsel seeks to appear in a Wisconsin court for the limited purpose of participating in an “Indian child custody proceeding” as defined by s. 48.028(2)(d), or an “Indian juvenile custody proceeding” as defined by s. 938.028(2)(b), pursuant to the Wisconsin Indian Child Welfare Act (WICWA) s. 48.028, or a “child custody proceeding” as defined by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.; and
  2. The nonresident counsel represents an Indian Tribe pursuant to 25 USC § 1911(c), s. 48.028(3)(e), or s. 938.028(3)(e); and
  3. The Tribe has affirmed the child is an Indian child defined by 25 USC § 1903(4) and s. 48.02(8g) or an Indian Juvenile as defined by s. 938.02(8g).

As background: WA, MN, OR, MI, & NE all have rules/laws making pro hac vice easier for tribal attorneys in ICWA cases. AZ and CA have pending rules.

To submit a comment:

  1. Submitting a comment to a rules petition
    A comment to a pending rule petition shall be submitted in hard copy (include one original and nine copies). The paper copies shall be mailed to the Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701.

A person submitting a comment shall e-mail an electronic copy of the comment in MS Word format MS Word to the Office of the Clerk of the Supreme Court at clerk@wicourts.gov and carrie.janto@wicourts.gov.

  1. Contents of comment
    The comment shall identify the rule petition to which it relates.

III. Service of comment on petitioner
A copy of the comment shall be forwarded to the petitioner in a timely manner. See the rule petition for the name and contact information of petitioner.