Michigan and Oregon Adopt Pro Hac Vice Court Rules for ICWA Cases

Edited to add that Nebraska deserves credit for codifying this back in 2015, which I knew and forgot until today when I was doing some research. The provision is at Neb. Rev. Stat. 43-1504(3), a citation which I have now memorized so I won’t forget it again. 

This spring both Michigan and Oregon have changed their court rules to allow out of state attorneys to appear in ICWA cases on behalf of a tribe (Michigan and Oregon) or parent or Indian custodian (Oregon). Both waive the pro hac fees, and do not require the attorneys to associate with local counsel.

Michigan’s rule, MCR 8.126, is here. The rule is effective September 1.

Oregon’s rule, UTCR 3. 170(9), is here. The rule is effective August 1.

In both of these cases, the rule was a result of a recommendation and work from the respective Tribal State Judicial Forums.

In the hopes this is something other states may be willing to take on (hi California! Oh hey, Washington!), we’ve started a page with resources here.

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