TCT.2.15.020 Fees and Costs Waiver for Indigents

(a) Any Tribal Member may commence or defend any action or special proceeding in LCO Tribal Court, without being required to pay a filing fee, upon order of the Court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding,

(b) A person seeking an order under par. (a) shall file in the court a Petition for Waiver of Filing and Service Fees-Affidavit of Indigence and Order.

(c) The court shall make a finding of poverty and issue an order under par. (a) if the affidavit demonstrates any of the following:

(1) That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief provided by counties under Wis. Stat. §59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under Wis. Stat. §45.40 (1m) or under 38 USC §§ 1501 to 1562.

(2) That the person is represented by an attorney through a legal services program for indigent persons.

(3) That the person is otherwise unable, because of poverty, to pay the costs of the action, proceeding or appeal. In determining the person's ability under this subdivision to pay the fees and costs, the court shall consider the person's household size, income, expenses, assets and debts and the federal poverty guidelines under 42 USC §9902 (2).

(d) The Court shall not waive fees and costs for any Tribal member who is incarcerated at the time of filing a cause of action, or who has an incarceration date pending within thirty days of filing.