Wisconsin Lawyer: Supreme Court Orders:

State Bar of Wisconsin

Sign In
    Wisconsin LawyerWisconsin Lawyer

News & Pubs Search

Advanced

    Supreme Court Orders

    The Wisconsin Supreme Court has amended SCR Chapter 22 relating to procedures for the lawyer regulation system. the court also has granted permission to the judicial council to withdraw its motion regarding discovery in chips cases. the board of bar examiners will hold a public hearing on Aug. 17 relating to board rules in scr chapters 31 and 40.
    Share This:

    Wisconsin Lawyer
    Vol. 77, No. 7, July 2004

    Supreme Court Orders


    The Wisconsin Supreme Court has amended SCR Chapter 22 relating to procedures for the lawyer regulation system. the court also has granted permission to the judicial council to withdraw its motion regarding discovery in chips cases. the board of bar examiners will hold a public hearing on Aug. 17 relating to board rules in scr chapters 31 and 40.

    Lawyer Regulation System

    In the matter of the Petitition for Amendment to Rule 22.08, Supreme Court Rules relating to the Lawyer Regulation System

    Order 04-01

    On April 21, 2004, the court held a public hearing on the petition filed Jan. 14, 2004, by the Office of Lawyer Regulation, seeking to amend Supreme Court Rule 22.08 relating to procedures for the lawyer regulation system. At the ensuing open administrative conference the court unanimously adopted the petition.

    IT IS ORDERED that, effective Jan. 1, 2005, Supreme Court Rule Chapter 22 is amended as follows:

    Section 1. 22.08(1)(a) of the supreme court rules is amended to read:

    22.08(1)(a) If the preliminary review panel determines that the director has not established cause to proceed in the matter, the director may dismiss the matter, which is a final decision, or the director may continue the investigation and resubmit the matter to the same a different panel within a reasonable time after the first panel's determination. The director shall notify the respondent and the grievant of the decision to dismiss the matter or continue the investigation.

    Section 2. 22.08(1)(b) of the supreme court rules is amended to read:

    22.08(1)(b) Following resubmission, if the panel determines that the director has failed to establish cause to proceed, it shall report the determination to the chairperson of the preliminary review committee, who shall dismiss the matter and notify in writing the director, the respondent, and the grievant of the dismissal. A decision of the panel on resubmission that the director has failed to establish cause to proceed is final, and there is no review of that decision.

    Section 3. SCR 22.08(1)(c) of the supreme court rules is repealed.

    Section 4. SCR 22.08(2) of the supreme court rules is amended to read:

    22.08(2)(intro.) If the preliminary review panel or the panel on resubmission determines that the director has established cause to proceed in the matter, the director shall decide on the appropriate discipline or other disposition to seek in the matter and may do any of the following:

    IT IS ORDERED that notice of this amendment of SCR 22.08 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

    Dated at Madison, Wis., this 14th day of May, 2004.

    By the court:

    Cornelia G. Clark
    Clerk of Supreme Court

    Discovery in CHIPS Cases

    In the matter of amendment of Wis. Stats. §§ 48.293, 48.295, and 804.01, relating to discovery in CHIPS cases

    Order 03-02

    On Feb. 12, 2003, the Judicial Council filed a petition seeking to amend Wis. Stats. §§ 48.293, 48.295, and 804.01 to address concerns regarding discovery in CHIPS cases and to clarify when and by whom reports described in § 48.293(1) and (2) are to be provided, and how applicable protective orders may be obtained. A public hearing was conducted on Oct. 1, 2003. On March 5, 2004, the court returned the petition to the Judicial Council for further consideration.

    On June 7, 2004, the Judicial Council filed a motion to withdraw the petition. The Judicial Council has opted to ask coordinators of continuing legal education and judicial education to instruct attorneys and judges that the best interests of children in Chapter 48 cases may be considered in an application for a protective order under Wis. Stat. (Rule) § 804.01, as an alternative to pursuing this petition. Therefore,

    IT IS ORDERED that the motion to withdraw the petition is granted.

    Dated at Madison, Wis., this 11th day of June, 2004.

    By the court:

    Cornelia G. Clark
    Clerk of Supreme Court

    Board of Bar Examiners

    Notice is hereby given that the Board of Bar Examiners will conduct a public hearing on the matter of the creation of Board rules pursuant to SCR Chapter 31 Appendix on Aug. 17, 2004, at 12 p.m. in the offices of Stellpflug, Janssen, Nell & Hammer at 444 Reid St., DePere, Wis.

    John O. Olson, Chair
    Board of Bar Examiners

    Proposed Revision to SCR Chapter 31 Appendix:

    To create:

    DEFINITIONS

    CLE 1.02

    For the purpose of administering SCR Chapter 31, the minimum number of persons attending a course shall be two attendees and one moderator. Fewer than that number, and the course shall be deemed to be self-study and shall not be approved for continuing legal education credit.

    Board of Bar Examiners

    Notice is hereby given that the Board of Bar Examiners will conduct a public hearing on the matter of the creation of Board rules pursuant to SCR Chapter 40 Appendix on Aug. 17, 2004, at 12 p.m. in the offices of Stellpflug, Janssen, Nell & Hammer at 444 Reid St., DePere, Wis.

    John O. Olson, Chair
    Board of Bar Examiners

    Proposed Revision to SCR Chapter 40 Appendix:

    BA 4.01

    Applicants who otherwise satisfy SCR 40.04 and who have failed the Wisconsin bar examination three times may request special permission to write the bar examination. Special permission may be granted no more than once to an applicant who satisfies the following conditions:

    (a) A petition under oath for special permission must be received by the Board by the May 1 preceding the July examination and the December 1 preceding the February examination. The petition must set forth a satisfactory supervised study plan, including in detail the preparation to be undertaken, consisting of formal coursework, independent study or a combination thereof; a schedule of hours to be dedicated thereto entailing no less than 160 hours in total; and the name of one or more supervising attorneys licensed to practice law in this state.

    To create:

    BA 4.01

    (b) The petition must be filed with the application and with all application fees. The Board shall refund the fee if permission to sit is denied.

    And to renumber:

    (c) A written statement under oath averring completion of the study plan proposed pursuant to (a), to which a corroborating statement under oath from the supervising attorney or attorneys is attached, must be received by the Board at least seven calendar days prior to the examination.




To view or add comment, Login