Wisconsin tribal courts now allowed to make pro bono appointments

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The Wisconsin Supreme Court has granted a petition allowing tribal courts to appoint attorneys to provide pro bono legal services, enabling lawyers to claim CLE credits in place of monetary payments.

The petition was brought to the high court in December by Judge Robert Collins of Oneida Judiciary’s Family Court. Before this change, SCR 31.01 (11) had defined “Pro Bono legal services” as meaning “direct legal services provided without fee or expectation of fee to persons of limited means through a qualified pro bono program or pursuant to an appointment by a state or federal court.” The new amendment alters the last part of the definition to read “…appointment by a state, federal, or tribal court.”

Judge Collins stated the proposed change came to his attention when a guardian ad litem inquired about the provision of pro bono services when so many litigants are indigent. According to the petition’s supporting memorandum, “The Oneida Judiciary compensates guardians ad litem for their work; however, the parties to a case are ordered to reimburse the court for the guardian ad litem fee.”

In September, Collins contacted the Board of Bar Examiners, requesting that the Oneida Judiciary’s guardian ad litem program be considered qualified pro bono program, citing SCR 31.01(12)(d). The BBE returned a denial and explained that, under 31.01(11), tribal courts were not eligible.

The Ho-Chunk Nation Judiciary, Lac Courte Oreilles Tribal Court and Lac du Flambeau Tribal Court supported the proposal to allow tribal court guardians ad litem who have  law licenses to receive CLE credits in lieu of payment.

The Wisconsin Supreme Court grant the petition without holding a public hearing, stating, “the proposed amendment would improve the administration of justice and improve access to justice in Wisconsin’s tribal communities.”