Written by: Kathryn Fort
Primary Source : Turtle Talk, May 25, 2017
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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