Board supports comity petition, opposes government attorney consolidation legislation, and more
The Board of Governors held its first FY 2007 - 08 meeting on Sept. 14 - 15.
Comity. The board supported a Board of Bar Examiners (BBE) petition to establish a comity provision for nonresident Wisconsin lawyers. Comity would allow other states' CLE course requirements that are "substantially similar" to Wisconsin's CLE requirements be accepted in Wisconsin. Nonresident Lawyers Division (NRLD) President Donna Jones said the NRLD board is grateful for the petition, but would like to replace the terminology a lawyer `who does not regularly practice in Wisconsin and who practices in another United States jurisdiction' with `admitted to.'
Gov. Michael Morse (left) Menomonee Falls, and
nonlawyer board member Edward Kondracki,
La Crosse, listen to presentation.
"The wording could add confusion regarding which lawyers would actually be able to receive comity," said NRLD Past President Dan Rinzel. "Does it apply to a lawyer who appears in Wisconsin once or twice a year, or does it apply to a lawyer who appears twice a reporting period?"
"The point of comity is to make it simpler for nonresidents to comply with CLE requirement," said Jones.
The board unanimously supported the petition with the recommended language change. BBE Director John Kosobucki told the board he will recommend the change to the BBE board.
The supreme court will hold a public hearing on Nov. 27 at 9:30 a.m.
State attorney consolidation. The board adopted a public policy position, at the Government Lawyers Division (GLD) request, to oppose efforts by the governor and the state legislature to consolidate state attorney positions from the various departments into the Department of Administration. The vote was unanimous with two abstentions.
GLD President-elect Mike Kernats told the board, "Currently, every government agency in Wisconsin has easy access to government lawyers. They consult with us every day. This proposal will potentially decrease the availability of quality legal services to individual agencies at a time when legal challenges to state activities is significant. Government attorneys will be removed from the agencies they are assigned to and reassigned to one large law firm that reports through the Department of Administration at a different location. The agencies also would have to begin paying for our legal services, which we see as a disincentive for government employees and managers to consult with lawyers."
Briefs and appendices requirements. The board supported, with modifications requested by the Appellate Practice Section, a court of appeals petition amending Wis. Stat. section 809.19 relating to briefs and appendix requirements.
"The changes include eliminating a requirement that respondents include a certification of content in every supplemental appendix and an addition to clarify that cross-appellants must comply with appendix requirements imposed on appellants as relating to the cross-appeal," said section member Gov. Marla J. Stephens. "The section believes the changes are confusing to the respondent about what the certification is supposed to contain."
The supreme court will hold a public hearing on Oct. 5 at 9:30 a.m.
Continuing education for judges. The board unanimously supported a Director of State Courts petition to amend SCR 32.09 regarding continuing judicial education, as requested by the Bench Bar Committee. The amendment is a technical clarification and does not alter existing practice.
The supreme court will hold a public hearing on Oct. 5 at 9:30 a.m.
Child support program. The board adopted a public policy position, as requested by the GLD, in support of S. 803 and H.R. 1386, which proposes restoring $892 in federal funding for the nation's child support program.
Other actions. The board approved President Tom Basting's Nominating Committee appointments (see elections article).
David Hart, Madison, fills the board vacancy created when Paul Norman was appointed board chair.
The board approved the Executive Committee's appointments to serve on an Audit Committee. Members include Thomas Hornig, chair, Janesville; Marcia Y. Lucas, Milwaukee; Paul Moriarty, Madison; Thomas M. Olejniczak, Green Bay; and James T. Quinn, Wisconsin Rapids.
The board approved the creation of an audit committee last March. The committee will be primarily responsible for assessing the integrity of the Bar's financial statement, the independent auditor's qualifications, and reviewing the annual audit that is currently reviewed by the Finance Committee. The purpose of creating this separate function is to provide greater integrity to the audit process and is in keeping with the recommendations arising out of the Sarbanes-Oxley Act regarding best business practices.
The board adopted a resolution commemorating the 25th anniversary of the Wisconsin High School Mock Trial Program.
Minutes will be posted on WisBar™ after approval at the Dec. 7 meeting.
The State Bar
