State Bar of Wisconsin

For the Week Of April 11, 2005

Supreme Court Revamps Rules Regarding Frivolous Lawsuit

New Rules Effective this Summer

The Wisconsin Supreme Court approved a petition to adopt Rule 11 of the Federal Rules of Civil Procedure and repeal the current state statutes governing frivolous actions, ss. 802.05 and 814.025. In its order the court recreated s. 802.05 to encompass the changes, which become effective on July 1, 2005.

The petition was broadly supported by the legal community, based largely on concerns that language in an earlier Court decision could expand the interpretation of the statute to encompass activity not intended by the statute. The petition was brought jointly by four organizations: American Board of Trial Advocates (ABOTA); Civil Trial Counsel of Wisconsin (CTCW); Wisconsin Academy of Trial Lawyers (WATL): and the Litigation Section of the State Bar of Wisconsin.

Link: http://www.wicourts.gov/sc/rulhear/DisplayDocument.pdf?content=pdf&seqNo=1100

Voter ID Bill Heads to Governor's Desk

Republicans Urge Governor to Sign Controversial Legislation

The State Senate passed AB 63, the so-called "Voter ID" bill this Wednesday, April 13^th. This follows behind the Assembly's approval of the bill on February 24^th, and the legislation will now head to the Governor's desk. The Governor has vowed to veto the controversial proposal. Although the bill had support from both sides of the aisle, there was some loud dissention in Legislature as opponents claimed the bill will only serve to suppress the votes of the elderly, minorities and the poor.

Backers of AB 63 say that the measure will help alleviate problems discovered in the most recent elections, including voting by convicted felons and voters with invalid addresses. According to some reports, as many as 10,000 Milwaukee votes cannot be verified as having been cast by eligible voters with valid addresses. However, some argue this will only come at the expense of the tens of thousands of elderly voters who do not have valid identification and have difficulty getting around and obtaining such proof. Detractors also claim that there is no urgency in the issue, as two separate committees are studying voter fraud in the recent elections and will hopefully create new solutions to solve the problem.

Uniform Principal & Income Act Awaits Governor's Signature

Successful Proposal Spearheaded by State Bar, Banker's Association.

The Assembly and Senate have both given the thumbs up to the Badger State's version of the Uniform Principal & Income Act (UPIA), AB-140. Actively supported by the Real Property, Probate & Trust Law Section, the legislation takes into account new types of investment procedures and broadens the authority of trustees to allocate funds between principal and income. The legislation is now ready for Governor Doyle's signature. If adopted Wisconsin would become the 42nd state to enact the UPIA, making life much easier for personal representatives, trustees & beneficiaries alike.

Access AB-140: http://www.legis.state.wi.us/2005/data/AB-140.pdf

Joint Finance Committee Finally Set to Vote on Governor's Budget

The Real Work on the Budget is Set to Begin.

After many weeks of public hearings held across the state and briefings by the heads of state agencies, the Joint Finance Committee (JFC) will begin voting on the individual sections of the Governor's budget proposal on April 19^th. Committee members are allowing time for the Legislative Fiscal Bureau to prepare information papers on the budget items, laying out voting options and alternatives that the Committee uses to make its final decisions.

Generally, the JFC will take public testimony and review the budget piece by piece over several weeks before the budget bill is offered to both houses for a vote.

Capitol Update