Petition re Out of State Attorneys


In December 2016, WPLC cooperating attorneys petitioned the North Dakota Supreme Court to change the state’s pro hac vice procedures in order to allow many more out-of-state attorneys to volunteer to represent Water Protectors in their state criminal cases.

In January 2017, the North Dakota Supreme Court granted our Petition after receiving over 16,000 comments, including a letter from over 175 law professors urging the Court to grant the Petition in order to protect the Constitutional rights to adequate and effective counsel in these cases. Since that time, WPLC has been bringing volunteer attorneys to North Dakota to represent Water Protectors.

In September 2017, the judges who are hearing these cases went back to the Supreme Court and asked them to rescind these special procedures. WPLC again coordinated the submission of public comments, and over 500 people did so.

In October 2017, Court denied the judges’ Petition and our volunteer attorneys continue to travel to North Dakota to work with WPLC to provide the best possible criminal defense for Water Protectors.

Documents:

Opinion Denying Judges’ Petition to Terminate the Special Provision of Legal Services by Qualified Attorneys from Outside North Dakota (October 16, 2017)

Notice of Comment (September 15, 2017)

WPLC Response in Opposition to the Judges’ Petition to Terminate the Special Provision of Legal Services by Qualified Attorneys From Outside ND (September 29, 2017)

Judges’ Petition to Terminate the Special Provision of Legal Services by Qualified Attorneys from Outside North Dakota (September 11, 2017)

Opinion Granting Petition to Permit Temporary Provision of Legal Services by Qualified Attorneys From Outside North Dakota (January 18, 2017)

Notice of Comment (December 15, 2016)

Affidavit of William Tilton in support of the Petition to Permit the Special Provision of Legal Services by Qualified Attorneys from Outside North Dakota (December 14, 2016)

Petition to Permit the Special Provision of Legal Services by Qualified Attorneys From Outside North Dakota (December 14, 2016)

Letters of Support

Letter of Support from Law Professors

Letter of Support from Amnesty International

Letter of Support from Oneida Nation

Letter of Support from Civil Liberties Defense Center

Letter of Support from National Lawyers Guild

Letter of Support from National Association of Criminal Defense Lawyers