Cool Pro Hac Update from Ho-Chunk Nation

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.

ICWA Local Counsel Information Collection Survey

Here.

The number one request we get at the ICWA Appellate Project is for local counsel for either the tribe or an individual (Grandma, 98% of the time). These cases happen all over the country, and finding attorneys in, say, Massachusetts or Tennessee or West Virginia, can be difficult. In 2014-2015, Addie Smith at NICWA and I did one of these surveys that really needs updating and expansion (we collected fewer than 100 names), so here it is. I will compile the lists together and delete any duplicates.

So if you are someone who can help, fill this out. If you are someone who has come up to me at a conference asking HOW to help, fill it out. If you are a tribe that has regularly identified local counsel, see if they will fill this out to help other tribes. If you’re at a big firm, see if some of your non-Indian law colleagues in the states without federally recognized tribes would be willing to fill it out. If you read this and think, “oh, Kate knows I would help,” fill it out anyway, because I have limited brainspace! If you have old friends from law school who now practice in random places like, say, northern Ohio, ask THEM to fill it out. If you work at a family law clinic and have never taken ICWA cases, here is your chance to teach your students something new–fill it out! And related, If you took my ICWA class at MSU Law, FILL IT OUT.

The information we are collecting isn’t confidential, but we will only distribute it as needed for those who ask.

Here.

Caveat: yes, tribal representatives are supposed to be able to participate in ICWA cases regardless of jurisdiction. However, that can be highly dependent on local judges, and if they are denied, we often need an attorney to explain why that’s wrong. In addition, whenever possible, tribes should be represented by attorneys in state courts, and especially when the case is not going well. And if there is an appeal–well, then we really need attorneys.

Thank you all very much.

Comments Needed for Kansas ICWA Pro Hac Vice Rule Exception

The Kansas Supreme Court is seeking comments on an amendment for to the pro hac vice rule to exempt out of state ICWA attorneys from fees and associating with local counsel. Deadline for comments is March 15, 2019. Rule is here.

Kansas Supreme Court accepting public comment on Rule 116
TOPEKA—The Kansas Supreme Court is accepting public comment on amendments to Rule 116 regarding admission of out-of-state attorneys to make it easier for a tribe to exercise its rights to participate in Indian Child Welfare Act Proceedings.

The Supreme Court will accept comment until 5 p.m. Monday, March 18, 2019. Comments are to be sent to rulenotice@kscourts.org with “Rule 116” in the subject line.

Amendments to Rule 116 are requested by the Kansas Judicial Council, on the recommendation of its Tribal-State Judicial Forum.

Among the amendments requested is new language that exempts an out-of-state attorney appearing in an Indian Child Welfare Act proceeding from paying a fee and from a duty to associate with local counsel. The out-of-state attorney would still need to file a motion for admission pro hac vice, accompanied by the attorney’s verified application.

Provide Comments on WI Pro Hac Vice for ICWA Attorneys Pending Rule

Well, since I did the California post yesterday on this, multiple people from Wisconsin reminded me that we all need to submit supportive comments there. Many thanks to NL for spelling it out in an email so I can just cut and paste it here (ie making it easy for me):

Over in Wisconsin, we have a pending ICWA pro hoc vice rule petition that could use some more supporting comments, especially from adjacent states!  You can find the petition here (https://www.wicourts.gov/scrules/1804.htm).

The process for submitting a comment is as follows:

To submit a comment:

I. 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.

II. 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.

https://www.wicourts.gov/scrules/1804.htm

 

California Eliminates Pro Hac Vice Barriers for ICWA Cases

In a celebrate-the-victories post, the state with the most number of ICWA cases has removed major barriers for out of state ICWA attorneys. California notoriously had some of the highest pro hac fees and tightest limitations on the number of appearances an attorney can make. When I was started poking around about the idea of court rule changes, California always rose to the top. Thanks to California Tribal Families Coalition (CTFC) and their ED, Delia Sharpe, California passed both a bill (to eliminate fees) and a court rule (to eliminate association with local counsel). Here is the CTFC press release.

If California (and Washington and Michigan and Minnesota and Nebraska and Oregon) can get this done, so can your state. There’s a whole crew of in-house ICWA attorneys backing you up–send us an email.

 

ICWA Pro Hac Vice Rule Proposal in Wisconsin

Here:

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.

https://www.wicourts.gov/scrules/1804.htm