Description: The Tribal Court–State Court Forum recommends amending California Rules of Court, rule 9.40, governing out-of-state counsel appearing pro hac vice. The amendment would exempt from two of the requirements of rule 9.40 attorneys representing an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act (25 U.S.C. §§ 1903–1963; ICWA). Under ICWA, Indian parents and custodians are entitled to appointed counsel, and Indian tribes and custodians are entitled to intervene in state court child custody proceedings governed by ICWA. The California ICWA Compliance Task Force suggested that certain pro hac vice requirements should be waived for out-of-state attorneys in cases governed by the Indian Child Welfare Act to improve tribal representation in ICWA cases in California courts.

Category: Tribal Court–State Court Forum

Item Number: SPR18-39

Deadline: June 8, 2018

File: spr18-39.pdf