In re Elias L.
Nebraska Supreme Court
767 N.W.2d 98 (2009)
- Written by Meredith Hamilton Alley, JD
Facts
Elias L. was an Indian child who was a member of the Ponca Tribe of Nebraska (tribe) (defendant). The Nebraska Department of Health and Human Services (state) (plaintiff) filed a petition in Dakota County Court alleging that Elias was a child in need of assistance, also known as a dependent child, and should be placed in foster care. The tribe was notified of the proceedings pursuant to the Indian Child Welfare Act (ICWA). A nonlawyer representative of the tribe, Jill Holt, filed a motion to intervene. Holt was an ICWA specialist in the tribe’s Department of Social Services. The tribe was unrepresented by counsel because the tribe could not afford legal fees. There was no objection to the motion, and the court recognized that the tribe had the right to intervene under ICWA, but the court denied the motion because Holt was not a lawyer. The court reasoned that the state of Nebraska required courts to prohibit the unlicensed practice of law. The tribe retained counsel and appealed, arguing that its federal right to intervene outweighed the state’s interest in regulating the practice of law.
Rule of Law
Issue
Holding and Reasoning (Connolly, J.)
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