For Immediate Release
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Supreme court to take over district committee appointments, other
changes to BAPR include creation of new administrative committee
Feb. 1, 2000 - The Wisconsin Supreme Court took its
first serious steps toward revamping the Board of Attorneys Professional
Responsibility (BAPR) on Thursday, Jan. 20, the first day of a two-day
public administrative conference. On both days, the justices made
significant changes to the structure of BAPR, the supreme court agency
that regulates lawyer discipline statewide.
One major change included the creation of a neutral board that would
review cases and determine whether BAPR can file formal charges. Under
the current system, the BAPR board (which often oversees investigations)
decides whether to press formal charges, giving the board, according to
several justices, too much control and too little accountability over
the entire process.
"This should be a no-brainer," said Justice Diane Sykes. "For the
protection of everyone -- lawyers and the public -- we need a neutral
body in this role."
Another board would act as an administrative oversight board,
reviewing the discipline system, controlling all administrative
functions, and acting as a limited appellate body for complainants or
accused attorneys unhappy with the disposition of their cases. The BAPR
administrator and staff will continue to oversee case intake,
investigation, and prosecution.
On Friday, the justices discussed the fate of the 16 professional
responsibility committees (district committees). While they briefly
considered discontinuing these committees, the justices agreed that the
expertise and experience of the lawyer and nonlawyer committee members
were valuable. However, the justices agreed that all committees need to
more closely follow established procedures in investigations and
discipline recommendations; the justices also proposed that committee
members receive extensive training in the attorney discipline
system.
The court also decided to take on the task of appointing members to
the district committees, a task which now falls upon the State Bar
president. "This is not a Bar function," said Chief Justice Shirley
Abrahamson. "The responsibility and authority should lie with [the
supreme court]." Abrahamson suggested establishing a selection
committee, with a seat reserved for the Bar president, but the justices
did not resolve the new selection process.
The court also discussed creating an intake system to deal with
complaints that do not rise to the level of ethics violation. Interim
BAPR Administrator James Martin will form a committee to develop an
intake system.
Supreme Court Commissioner William Mann will draft language for
changes to the Supreme Court Rules regarding attorney discipline by
mid-March. According to Chief Justice Abrahamson, a public hearing will
be held after the new system has been in place approximately five
months.
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