The Mashantucket
Pequot Tribal Court in Connecticut has stopped issuing its tribal
bar exam. The Court, which resides over criminal and civil claims involving
tribal members and claims against Foxwoods Casino by non tribal members, will
no longer require attorneys to pass a special written exam before being
permitted to practice in the court.
Edward Gasser, president of the tribal court bar
association, explained to the New London Day
that the test had become quite burdensome over the years and lawyers were becoming
less likely to devote the necessary time to preparation. As a result, fewer and
fewer lawyers were passing the exam; in recent years, only about 50 percent of
those taking the test passed. Perhaps because of this difficult entry
requirement, only about 150 to 200 attorneys are presently qualified to
practice in the Mashantucket court systems. With the removal of the written
exam, attorneys who are already admitted to practice in a state and federal
court and wish to apply for admission to the tribal bar must pay a fee.
This change is expected to increase the number of attorneys qualified to
practice in the Tribal Courts. Currently, the Mohegan Tribe
still has a written bar exam attorneys must pass in order to be admitted to
practice in the Mohegan Tribal Courts.
