State Bar of Wisconsin

DRAFT AGENDA

Board of Governors
July 22, 2005
State Bar Center
Madison, Wisconsin
10:00 A.M.

A. ORGANIZATIONAL

1. Roll Call

2. Approval of July 22, 2005 Agenda

3. Approval of May 3-4, 2005 Minutes (Attachment A)

4. Appointment of successor to Governor Mark McGinnis

District 10 Governor Mark McGinnis was elected to the Outagamie County Circuit Court in the April 2005 election. His term begins August 1, 2005. Governor McGinnis has resigned from the Board because SCR 10.03(3)(c) prohibits judges from serving on the Board of Governors and the Board must appoint a Governor to complete his term. Governor McGinnis recommends Atty. Rich Elrod of Appleton for appointment. Former Governor Bob Swain of Appleton also wishes to be considered for appointment. (Simple majority for approval)

5. Service on the Board of Governors: The Year Ahead

6. Presidents' Reports (President Guerin, President-elect Levine, and Past President Behnke)

7. Executive Director Report (Brown)

B. CONSENT AGENDA

Article III, Section 9 - State Bar Bylaws - "At any regular or special meeting, any business placed on a consent agenda that is part of the notice or call will be acted upon without debate. Business listed on the consent agenda may be removed by any one governor within a 72-hour notice to the Secretary of the State Bar of Wisconsin." (Simple majority for approval)

1. Children and the Law Section Request to Approve Bylaw Revisions (Attachment B)

The State Bar Children and the Law Section requests Board of Governors approval of proposed changes to its bylaws. A redlined copy of the proposed bylaws is attached.

2. Law Practice Section Request to Approve Bylaw Revisions (Attachment C)

The State Bar Law Practice Section requests Board of Governors approval of proposed changes to its bylaws. A redlined copy of the proposed bylaws is attached.

3. Construction Law Section Request to Approve Bylaw Revisions (Attachment D)

The State Bar Construction Law Section requests Board of Governors approval of proposed changes to its bylaws. A redlined copy of the proposed bylaws is attached.

4. Indian Law Section Request to Approve Bylaw Revisions (Attachment E)

The State Bar Indian Law Section requests Board of Governors approval of proposed changes to its bylaws. A redlined copy of the proposed bylaws is attached.

C. ACTION ITEMS

1. Alternative Dispute Resolution Section Amicus Request (Attachment F)

Wisconsin Court of Appeals District II requests that the Alternative Dispute Resolution Section submit an amicus brief in a case currently pending before the Court, Borst v. Allstate Insurance Co. The Section is requesting permission from the Board to comply with the Court's request. The Court has revised its briefing schedule to accommodate Board consideration of its and the Section's request. Attached is an email communication from Judge Daniel Anderson to ADR Section Chairperson Alan Brostroff. (Two-thirds majority for approval)

2. Approval of Appointment to the Wisconsin Trust Account Foundation Board

President Behnke presented her attorney appointments to the Wisconsin Trust Account Foundation to the Board for approval at the May 2005 meeting. Past President Behnke will present her non-attorney appointment to the WisTAF Board for Board approval at the July meeting. (Simple majority for approval)

3. Section Leaders Council Request to Approve Bylaws (Attachment G)

The State Bar Section Leaders Council requests Board of Governors approval of proposed changes to its bylaws. A copy of the proposed bylaws is attached. (Simple majority for approval)

4. Appointment of Nomination Committee

President Guerin will present his appointments to the Nomination Committee for approval by the Board of Governors. The committee will nominate candidates for president-elect, secretary, and judicial council for the election to be held in April 2006. Those elected will take office July 1, 2006. (Simple majority for approval)

5. Approval of State Bar Strategic Plan (Attachment H)

The State Bar Strategic Planning Committee requests approval of the proposed revised strategic plan. (Simple majority for approval)

6. Approval of State Bar Reserve Policy (Attachment I)

The Finance Committee requests Board approval of the proposed State Bar Reserve Policy. The Executive Committee voted unanimously to urge Board approval.

7. Proposal to Revise Chapter 452, Wis. Stats. (Attachment J)

The Wisconsin Realtors Association proposes to introduce legislation to revise Chapter 452. Both the State Bar's Unauthorized Practice of Law Policy Committee and the State Bar Real Property, Probate and Trust Law Section urge the Board of Governors to take a State Bar public policy position in opposition to this proposed legislation. The Executive Committee supports the position of the UPL Committee and the RPPT Section. A copy of the letters stating the committee and the section positions and a statement outlining the proposed changes to Chapter 452 are attached.

8. Legislative Oversight Committee Decision on Wisconsin Constitutional Amendment Defining Marriage and an Appeal (Attachment K)

On May 6, 2005, the Legislative Oversight Committee (LOC) took up the recommendation of its three member panel on the dispute between the Individual Rights and Responsibilities, the Public Interest Law, the Business Law, and the Taxation Law sections regarding the desire of the IRR and the PIL sections to oppose the proposed Wisconsin Constitutional amendment pending in the legislature to define marriage. For reasons stated in its report, the LOC voted to support the recommendation of its panel to permit the IRR and PIL sections to advocate their opposition to the amendment. Subsequently, the Business Law Section has filed an appeal of the LOC decision. Attached are copies of the LOC decision and the Business Law Section appeal. Members of the three member LOC panel will be present to speak with the Board of Governors.

9. Report on ABA Governance Commission (Attachment L)

The American Bar Association is concluding its decennial governance review. Recommendations include term limits for delegates to the House and increasing the role of ABA sections at the cost of State Bar associations. State Bar delegates to the ABA House of Delegates discussed this issue with the Board at the March 2005 meeting. At that meeting, the Board requested that the Executive Committee review the report to determine whether the Board should take a position on the issue. The Executive Committee decided that the Board needed additional information from the State Bar delegates, who made a presentation at the May 2005 Board meeting. After considerable discussion at the June 2005 Executive Committee meeting, the committee requests that the Board of Governors address two questions: 1) Should the Board of Governors direct the State Bar ABA delegates on their vote on this issue at the ABA House of Delegates meeting? 2) Should the State Bar of Wisconsin support the ABA Commission report on Governance? A copy of the report is attached. For a summary of recommendations from the Commission on Governance and from the ABA Section Officers Conference, see agenda item F4 below.

10. National Statement in Support of an Independent Judiciary (Attachment M)

The Bench Bar Committee requests support for a national statement in support of an independent judiciary as proposed by the Beverly Hills Bar Association. Attached is a copy of the committee's request of the Executive Committee to take such a position and Past President Behnke's letter to the committee reflecting the Executive Committee's response to that request.

D. REPORTS

1. Finance Committee Report (Attachment N)

Finance Committee Chair William Domina will report to the Board on the most recent financials.

2. Trust Account Working Group Report

Chairperson Mike Olds will update the Board on recent activity of the working group.

3. UPL Committee Report (Attachment O)

The State Bar UPL Committee research report on the regulation of UPL in Wisconsin is attached. Committee chairperson Tom Zilavy will report on the recent activity of the committee.

E. DISCUSSION ITEMS

1. Discussion of Office of Lawyer Regulation Petition to Amendment SCR 22.001(3) Relating to Cost Assessments in the Lawyer Regulation System (Attachment P)

At the May 2005 meeting, the Board received a report from Lawyer Regulation Study Committee chair Warren Wood on the Supreme Court petition of OLR Director Keith Sellen to change the manner in which the costs of prosecution are addressed. The Board decided that this issue should be scheduled as a discussion item for the July 2005 meeting. The petition has not been scheduled for public hearing. Attached is a copy of the petition, a copy of President Behnke's email to the BOG listserv on this matter, a letter from Chairperson Warren Wood, and the recent decisions in Polich, in Konnor, in Felli, and in Backes. Chairperson Wood will report on the latest work of his committee on this issue.

F. INFORMATIONAL REPORTS

1. Supreme Court 2005 WI 41, In the Matter of the Adoption of Voluntary Court Forms Designed for Self-represented Litigants (Attachment Q)

Attached for your information is the Supreme Court's order regarding court forms in pro se representations.

2. Supreme Court 2005 WI 56, In the Matter of the Petition for Amendment to Supreme Court Rules relating to the District Committees in the Lawyer Regulation System (Attachment R)

Attached for your information is the Supreme Court's order reaffirming the district committee system and increasing public membership to at least one-third of total members.

3. Supreme Court 2005 WI 56, Regarding the Retention of Court Records (Attachment S)

Attached for your information is the Supreme Court's order regarding the retention of certain court records.

4. American Bar Association 2005 Annual Meeting of the ABA House of Delegates Summary of Recommendations (Attachment T)

Attached for your information is the summary of recommendations for policy decisions by the ABA House of Delegates at the August 2005 annual meeting. Items 11-7 and 11-8 on pp. 2-6 provide a summary of various recommendations on ABA Governance.

Board of Governors