pro hac vice

States with ICWA Pro Hac Vice Waivers

Kate Fort

Late last month, Montana adopted a new rule allowing out of state attorneys to practice in ICWA cases and waiving certain requirements. This brings the total number of states with these kind of waivers to twelve (that I am aware of). If your state doesn’t have one of these, it’s a pretty straight forward rule to advocate for. If your state does have one of these, check in with practitioners to see if they are able to access your electronic filing system once they waive in. Or work on forms regarding appeals so intervened tribes are aware when appeals involving ICWA are filed by parents.

Anyway, great job everyone. Next year it will be ten years since Nebraska included the right in their state ICWA and nine years since we passed the rule in Michigan. These rules make a huge difference for tribal attorneys and ensures their state bar license remains safe while fully representing their tribal client in ICWA cases.

Comment by Nov. 1 on Proposed Montana Pro Hac Vice Rules for ICWA Cases

Kate Fort

AF 11-0244 Other — Order

 

Colorado Pro Hac Vice Rule for ICWA Cases

Kate Fort

Colorado is the most recent state to add a pro hac rule for ICWA cases. This rule is pretty narrow, and only applies for attorneys representing tribes where the tribe has moved to intervene in the case on behalf of their child. This would not apply to any attorneys representing individuals (like a grandma or auntie) in an ICWA case, nor to any appellate work on behalf of tribes filing amicus briefs. However, the rule only requires a verified motion to avoid both fees and local association, which is great for tribal attorneys.

Kansas Pro Hac Vice Exception for ICWA

Kate Fort

I was just alerted to this rule change, which is a couple years old (let’s all just blame being stuck in our homes for me not finding out before this).

rule-116-admission-pro-hac-vice-of-out-of-state-attorneyDownload

2021 Federal Lawyer Article Spotlight: Out of State Legal Representation in ICWA Cases

Kate Fort

So happy to see April Olson’s article on the issue of legal representation for tribes in out of state cases. This is easily the top question I get–both from lawyers nervous about intervening out of state and also from lawyers trying to find pro hac partners. Get your state to pass a pro hac vice exception. It makes a huge difference–in 2020 alone the Indian Law Clinic saved over $500 in appellate pro hac fees due to these rules, but it makes an even bigger difference at the trial level so tribes can avoid appeals in the first place.

Read April’s article, then figure out how to get your state on board if they aren’t already. Today I’m specifically looking at Oklahoma ($350 in pro hac fees plus a complicated process via the state bar, so another $100 in expedited good standing certificate requests and overnight mailing).

aprilsfedbararticleDownload

All the ICWA pro hac rules are collected here.

Indian Law Section OK Bar Assc Survey for Pro Hac Vice for ICWA cases

Kate Fort

The Oklahoma Bar Association’s Indian Law Section strategic planning committee is exploring the possibility of proposing a change to the current Oklahoma Bar Association pro hac vice rules. This potential change would allow out of state attorneys representing tribal nations to participate in ICWA state court proceedings in Oklahoma without being required to comply with the state’s pro hac vice rules.

 If you could take a few minutes to complete the survey and forward this to other attorneys you know who might be interested in participating, we would greatly appreciate it.  Thank you.

 Debra Gee, Indian Law Section – Oklahoma Bar Association

Here is the survey

Comments for Arizona’s Pro Hac Vice for ICWA Cases NEEDED and Due MAY 1

Kate Fort

All comments are welcome, but they are particularly helpful from attorneys who are licensed out of state who end up in Arizona on ICWA cases. I know there are a fair number of you!

Here

Proposed Pro Hac Vice Rule Change for ICWA Cases in Utah

Kate Fort

Please comment here by MAY 22.

Here is the proposed rule.

This is a big deal. Utah is a particularly difficult state to pro hac into–it is a multi-step, long and expensive process.

As always, the ICWA pro hac rules are updated here.

Cool Pro Hac Update from Ho-Chunk Nation

Kate Fort

HCN has updated their own tribal rules of civil procedure to allow for a pro hac waiver in tribal court for child welfare cases:

(C) Counsel not admitted to practice before the Ho-Chunk Nation Courts, but seeking to appear on behalf of a federally recognized Indian tribe in a proceeding regarding a petition for guardianship or for child protection over a child who is a member of that tribe, or eligible for membership in that tribe, shall be permitted to appear without paying any fee. Counsel representing an Indian tribe in such a matter shall also be permitted to make their appearance without filing a motion for special appearance, provided that, at that appearance, said counsel states on the record that they are admitted to practice in another state, federal, or tribal jurisdiction; that they have been in actual practice for two or more years, and takes the oath or affirmation for practice. This rule shall not apply to attorneys who appear on behalf of the Ho-Chunk Nation.

HCN Civ. Pro. R. 16(c)

We’ve updated the pro hac page accordingly.  Obviously these are not ICWA pro hac waivers, but are related and can be used to show comity in this area.

Trying Again: Arizona Pro Hac ICWA Rule

Kate Fort

Here.

Comments due by May 1.

If anyone has had any problems or concerns practicing in Arizona on an ICWA case, it would be good to highlight that.