IN RE: Amendment of SCR CH. 10 (2025)

The Court, on its own motion, has determined that it is appropriate to amend the form Appendix A-1 to Supreme Court Rule (SCR) Chapter 10. This order amends the pro hac vice application form to include language incorporating the existing fee exemption language under SCR 10.03(4)(b)2. for attorney-applicants employed by an agency providing legal services to indigent clients who will be appearing on behalf of an indigent client, or attorney-applicants who will otherwise be appearing on behalf of an indigent client in the proceeding and will be charging no fee for the appearance.

Attorneys applying for pro hac vice admission must comply with the requirements of SCR 10.03(4)(b) prior to admission, including providing the information listed in Appendix A and payment of a nonrefundable fee of $250 for each application. See SCR 10.03(4)(b)1.-2. Attorneys seeking pro hac vice admission under SCR 10.03(4) must do so “in association with an active member of the state bar of Wisconsin who appears and participates in the action or proceeding.” SCR 10.03(4)(b).

Three categories of pro hac vice applicants are exempted from paying the $250 fee. First, pro bono counsel appearing in association with an active Wisconsin lawyer in the proceeding is exempt from paying the application fee, under the provisions of SCR 10.03(4)(b)2., which provides, in pertinent part:

The fee shall be waived if the application certifies that the attorney is employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client, or that the applicant will otherwise be appearing on behalf of an indigent client in the proceeding and will be charging no fee for the appearance.

Second, SCR 10.03(4)(c) permits “nonresident military counsel to appear and participate in a particular action or proceeding representing military personnel” to apply for pro hac vice admission without paying the fee. Third, SCR 10.03(4)(cm) permits a “nonresident attorney seeking to appear for the limited purpose of participating in a child custody proceeding under the Indian Child Welfare Act of 1978, 25 U.S.C. s. 1901 et seq., while representing a tribe” to apply for pro hac vice admission without paying the required fee. However, neither non-resident military counsel nor non-resident tribal counsel seeking to appear pro hac vice under SCR 10.03(4)(c) or (cm) are required to associate with an active member of the state bar of Wisconsin who appears and participates in the action or proceeding.

Effective July 1, 2019, this court determined that the State Bar of Wisconsin (State Bar) should receive and administer the fees for admission pro hac vice. See S. Ct. Order 13-11B, In the Matter of the Petition for Amendment to Supreme Court Rule 10.03(4)(b)2 Relating to Pro Hac Vice Applications, 2019 WI 52 (May 16, 2019). The fee is distributed pursuant to the terms of the court rule and a Memorandum of Understanding approved by this court.¹ The application process for pro hac vice admission is entirely electronic and also administered by the State Bar.²

This court has promulgated forms to be used by pro hac vice applicants which are, in turn, utilized by the State Bar. Appendix A-1 to SCR Ch. 10 (Form CA-180) is the general pro hac vice admission form. It does not contain any space for general pro hac vice applicants to certify that they are exempt from paying the $250 fee because they are providing services to indigent clients pursuant to SCR 10.03(4)(b)2. Appendix A-2 to SCR Ch. 10 (Form CA-190) is an alternative pro hac vice admission form relating to nonresident military counsel seeking admission under SCR 10.03(4)(c) and nonresident tribal counsel seeking admission under SCR 10.03(4)(cm). That form currently contains a provision indicating that the applicant is certifying that “I am not required to pay a pro hac vice fee to the Office of Lawyer Regulation because I qualify for an exemption from the fee under SCR 10.03(4)(c) or (cm).” Appendix A-2 was created by this court via S. Ct. Order 18-04, In the Matter of the Petition to Amend Supreme Court Rule (SCR) 10.03(4), Regarding Pro Hac Vice Admission for Nonresident Counsel Appearing in Matters Involving the Indian Child Welfare Act, 2019 WI 12 (Feb. 12, 2019), and was intended as “an alternative to the standard form that requires association with local counsel and payment of a fee.” Id. at 5.

Thus, neither SCR Ch. 10, Appendix A-1 nor Appendix A-2 contains any provision allowing applicants who are otherwise required to appear in association with local counsel to certify that they are exempt from paying the required fee pursuant to SCR 10.03(4)(b)2. Accordingly, it is appropriate to amend SCR Ch. 10, Appendix A-1 to contain an option for attorneys who are employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client, or will otherwise be appearing on behalf of an indigent client in the proceeding and will be charging no fee for the appearance, to certify that they are exempt from paying the required $250.00 application fee.

IT IS ORDERED that, effective the date of this order, SCR Ch. 10, Appendix A-1 is amended as follows:

Section 1.

APPENDIX A-1

I declare under penalty of perjury:

(1) That I seek to appear pro hac vice in order to represent _ in the above-captioned matter_;

(2) That I am admitted to practice law in the highest court(s) of the state(s) or country(ies) of _;

(3) That there are no disciplinary complaints filed against me for violation of the rules of those courts (if so, please explain)_;

(4) That I am not suspended or disbarred from practice for disciplinary reasons or reason of medical incapacity in any jurisdiction (if yes, please explain) _;

(5) That I am associated with Attorney _, State Bar No. _, an active member of the State Bar of Wisconsin (name the member of the State Bar of Wisconsin and provide his/her Member Number);

(6) That I do not practice or hold out to practice law in the State of Wisconsin;

(7) That I acknowledge the jurisdiction of the courts of the State of Wisconsin over my professional conduct, and I agree to abide by the rules of the relevant division of the Circuit Court of the State of Wisconsin, the Wisconsin Court of Appeals, the Wisconsin Supreme Court, and the Rules of Professional Conduct for Attorneys, if I am admitted pro hac vice;

(8) That I have complied fully with SCR Rule 10.03(4); and

(9) That I am applying for admission pro hac vice for the following reasons: _.

I have applied for admission pro hac vice in the courts of the State of Wisconsin _ times previously in this calendar year.

Please Check One

_I attach hereto evidence of my payment or prior payment of the pro hac vice fee to the Office of Lawyer Regulation; or

_I certify that I am not required to pay a pro hac vice fee to the Office of Lawyer Regulation because I qualify for an exemption from the fee under SCR 10.03(4)(b)2.

Signature: _Print Name:Date:Address:Telephone Number:Email Address (if any):

IT IS FURTHER ORDERED that the Forms Subcommittee of the Wisconsin Court Records Management Committee is directed to take such steps as are necessary to implement and distribute this version of the form.

IT IS FURTHER ORDERED that notice of the above amendments be given by a single publication of a copy of this order in the official publications designated in SCR 80.01, including the official publishers’ online databases, and on the Wisconsin court system's web site. The State Bar of Wisconsin shall provide notice of this order.

FOOTNOTES

1.   https://www.wicourts.gov/services/attorney/prohacvice.htm

2.   See id. (“All applicants must apply with the State Bar of Wisconsin and pay the fee online http://www.wisbar.org/prohacvice ․ All applications must be at filed and all fees paid on line, using the above link. Applications are no longer accepted by mail. No payments by check are accepted.”).