State Bar of Wisconsin

Inside the Bar
April 2008

Board reaffirms president's authority to appoint ad hoc committees and supports amicus in public access to mental health records case, among other actions

At its Feb. 29 meeting the Board of Governors reaffirmed the authority of the president to create ad hoc committees, including the Wisconsin Judicial Campaign Integrity Committee (WJCIC) created by President Thomas Basting last December. In addition, among other actions, the board supported a Government Lawyers Division request to file an amicus in a case involving public access to mental health records.

Judicial Integrity. The board voted to reaffirm the president's inherent authority to create committees, following a discussion of the WJCIC and its mission to educate the public about how judicial elections differ from legislative, gubernatorial, and other elections. While board members who participated in the discussion noted their belief that a committee of this kind is needed in light of widespread concerns about the tone and nature of Wisconsin's 2007 supreme court election campaign, some said that its operations should be separate from the Bar.

President Basting reported that the committee has reviewed and publicly commented on several campaign ads that committee members believe could mislead voters regarding candidates' records. He explained that this and other aspects of the committee's operations are patterned after successful initiatives launched in other states. He stressed that the central goal is to help the media and the public examine campaign materials in light of Wisconsin's judicial system and Code of Judicial Conduct. Basting added that the committee is likely to be rechartered as an independent body after the 2008 supreme court election.

Public access to mental health records amicus. The board approved 27 - 9, with four abstentions, the Government Lawyers Division (GLD) request to file an amicus brief in Watton v. Hegerty, pending before the Wisconsin Supreme Court. At issue is whether emergency detention statements prepared by police officers as part of a mental health emergency detention are subject to disclosure under the public records law.

GLD past president Jim Godlewski told the board, "By reversing a circuit court's decision not to release certain records of emergency detention in Watton, the court of appeals created an apparent contradiction between law enforcement's obligations under the Mental Health Act and the court's interpretation of the public records law."

The supreme court's decision will clarify whether emergency detention statements prepared by police officers under Wis. Stat. section 51.15(4) as part of a mental health emergency detention are subject to disclosure under the Public Records Law, Wis. Stat. sections 19.31 - .37.

Nonresident Lawyers Division (NRLD) bylaws. The board approved NRLD bylaw changes detailing the process for electing two additional nonresident members to the State Bar Board of Governors.

NRLD President Donna Jones told the board, "After considerable discussion, the NRLD board decided to elect the two additional members from the NRLD board of directors. We did that because we want the new representatives on the State Bar Board of Governors to be as informed as possible on nonresident lawyer issues, and if we elect members from the general populace that may not be the case."

Both representatives will be elected at the NRLD board meeting in May. For fiscal year 2009, which begins July 1, 2008, the board will elect one representative to a one-year term, and thereafter one representative will be elected annually. Any vacancy that arises may be filled by interim appointment by the NRLD president.

On Oct. 29, 2007, the Wisconsin Supreme Court granted a State Bar petition to increase from three to five the NRLD representatives who serve on the State Bar Board of Governors.

Attorney-client privilege protection. In response to a call from the American Bar Association to support legislation designed to strengthen attorney-client privilege, the board adopted the following statement: "The State Bar strongly supports the preservation of the attorney-client privilege and work product doctrine as essential to maintaining the confidential relationship between client and attorney required to encourage clients to discuss their legal matters fully and candidly with their counsel."

The U.S. House of Representatives approved H.R. 3013 by a voice vote in November. SB 186 is stalled in the Senate Judiciary Committee.

Other actions. The board presented a resolution honoring the life of former State Bar President Daniel W. Hildebrand, who passed away on Dec. 31, 2007. Hildebrand's wife Dawn, with DeWitt Ross & Stevens, Madison, accepted the resolution. Read the resolution.

The board set the fiscal year 2009, July 1, 2008 - June 30, 2009, Keller dues at $9.50 per member, under the standard set in SCR 10.03(5). Under Keller, the State Bar cannot use compulsory dues of objecting members for political or ideological activities that are not reasonably related to regulating the legal profession or improving the quality of legal services.

The minutes will be posted on WisBar after approval at the May board meeting.

Inside the Bar