High court OKs exception to pro hac vice rule

Listen to this article

The Wisconsin Supreme Court voted in closed conference on Thursday for a change to the state’s pro hac vice rule.

The court’s rule requires out-of-state lawyers who wish to appear in Wisconsin courts to submit a pro hac vice application and pay $250 per case.

Two lawyers representing the Menominee Indian Tribe of Wisconsin, Starlyn Tourtillott and Danica Zawieja, filed a rule-change petition asking the court to make an exception to that rule for attorneys who appear in cases involving the Indian Child Welfare Act and its state counterpart, the Wisconsin Indian Child Welfare Act.

The justices voted in September to take up the petition, which was filed in July.

Tourtillott and Zawieja had asked for the same exception last term, when the court was considering increasing the pro hac vice fee. The justices then rejected their proposal but went on to instruct court staff employees to have Tourtillott and Zawieja file a separate rule-petition making the same request.

Just as happened the first time the change was proposed, the court received several letters in support of it. The State Bar of Wisconsin’s Board of Governors also voted unanimously at its meeting in September to support their petition.

The public had a chance to comment on the proposed change at a hearing on Thursday morning. Tourtillot and Zawieja fielded questions from the court. And Nicole Homer, an attorney with the Ho-Chunk Nation Department of Justice who works with Indian Child Welfare Act, provided testimony in support of the petition.

“I just believe some sort of rule change is needed,” Homer said.

Shortly after the hearing, the justices met in a closed session and agreed to approve the petition provided some changes are first made to its language, said Julie Rich, Supreme Court commissioner. A written order is forthcoming.

In other business, the court voted to take up its own proposed rule change meant to make it easier for bar applicants with disabilities to request special accommodations when they take the state bar exam.

Rich said the court will be sending out a notice for public comment and asking the Board of Bar Examiners and Disability Rights Wisconsin to weigh in on the proposal.

The court also decided to ask for more information about a petition filed by the Director of State Courts’ Office. The proposal would eliminate requirements calling for the disclosure of financial relationships by certain court employees, such as the director of state courts, supreme court commissioners and staff attorneys for the Court of Appeals. Follow @erikastrebel