Inside the Bar 
September 2006

Board approves Ethics 2000 Review Committee final recommendations, section request to file amicus

On July 21, at its first meeting of the fiscal year 2006-07, the Board of Governors, among other actions, unanimously approved the Ethics 2000 Review Committee's recommendations and the Appellate Practice Section's request to file an amicus brief in a case regarding what constitutes a final order of appeal.

Ethics 2000. The board unanimously approved the Ethics 2000 Review Committee's recommendation that the Bar not recommend any substantive changes to the supreme court's draft revisions to SCR Chapter 20, the Rules of Professional Conduct for Attorneys.

The Ethics 2000 Review Committee was created last May by then President D. Michael Guerin in response to the supreme court's request for feedback on the court's draft revisions issued March 15, 2006. Dean Dietrich, Wausau, chaired the committee, whose members included: Joseph Cardamone, Salem; Grant Langley, Milwaukee; Tim Pierce, Madison; Robert Swain, Appleton; and Dan Shneidman, Milwaukee.

The court has scheduled an administrative conference for 9:30 a.m. on Oct. 25 to consider final language changes, issue its final order, and determine whether the new rules will be effective on Jan. 1 or July 1 of 2007. For more information about Ethics 2000, visit www.wisbar.org/ethics2000.

Amicus brief. The board approved the Appellate Practice Section's request to file an amicus brief in Wambolt v. West Bend Mutual Ins. Co., pending before the Wisconsin Supreme Court. At issue is what constitutes a final order of appeal.

According to Michael Heffernan, Madison, immediate past Appellate Practice Section chair, "No matter how hard the courts try, it seems that they never are able to achieve the last word on what constitutes a final order or judgment for appeal purposes. By accepting a petition for review of a 2-to-1 court of appeals decision dismissing an appeal on the ground that it should have been taken from an earlier memorandum decision, the supreme court appears poised to again try to clarify this central issue of appellate procedure."

The case is scheduled for oral argument on Oct. 31.

Strategic planning. The board approved the Strategic Planning Committee roles and responsibilities statement, as submitted by the committee. Former President Michelle Behnke told the board, "The committee believes that for strategic planning to be successful, the committee must closely manage the process, communicate what's going on, ask for guidance and support from the board, and ultimately make this a fully interactive endeavor. The roles and responsibilities statement will help the committee stay on that course."

The State Bar's Strategic Plan focuses the organization's limited resources on four priorities - building relevance to members, increasing public understanding of the legal system, engaging members in the Bar, and improving public access to the legal system. "The strategic plan guides the organization away from making decisions or supporting programs or projects based on political pressure, personal agenda, or lack of focus or purpose," says Behnke. "State Bar leadership and staff use the strategic plan to apportion the Bar's limited resources while ensuring that common goals are shared organization wide."

Other actions. The board approved President Steve Levine's Nominating Committee appointments. Barbara Burbach, Milwaukee, will chair the committee. Members are Andrew Chevrez, West Allis, and Gwendolyn Connolly, William Domina, Margaret Wrenn Hickey, and Grant F. Langley, all of Milwaukee. The committee will nominate candidates for president-elect, treasurer, and Judicial Council for the 2007 election.

The board approved Past President D. Michael Guerin's reappointment of attorneys Mary Burke and Earl Munson, both of Madison, and new appointments of attorney Dean Dietrich, Wausau, and accountant Tricia Knight, Milwaukee, to serve on the Wisconsin Trust Account Foundation (WisTAF) board. The supreme court created WisTAF to manage the state's Interest on Lawyers Trust Account program and provide financial support for the delivery of legal services to low-income residents.

The board approved dates and locations for the Annual Convention for fiscal years 2008 to 2011.

The minutes will be posted on WisBar after approval at the Sept. 29 - 30 board meeting.

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