Wisconsin LawyerWisconsin Lawyer
Vol. 80, No. 10, October 2007

Rodney KittlesonFormer State Bar President Rodney O. Kittelsen's extraordinary contributions leave a lasting legacy

Former State Bar president Rodney O. Kittelsen passed away on Sept. 8. He was 90. Kittelsen was a partner of the firm he started in Monroe in 1946 with the late Marshal L. Peterson, now Kittelsen, Barry, Ross, Wellington & Thompson. He was a State Bar Senior Lawyers Division board member at the time of his death. Until recently Kittelsen went to the office for several hours a day.

Generosity well-known. "Rod Kittlesen embodied the virtues of a thoughtful counselor, advocate, and active member of both his local and the Wisconsin legal community throughout his long and distinguished career," said former Wisconsin Law Foundation president Cheryl Daniels, Madison. "Attorneys like Rod are not easy to replace and all lawyers can look to him as a model for what our own careers should be."

Kittelsen was a lifetime member of the Fellows of the Wisconsin Law Foundation and a former Wisconsin Law Foundation president and board of directors member. In 2005, Kittelsen's generosity helped launch the creation of the Mock Trial Designated Fund, which was established to support the continued success of the program that began 25 years ago during his term as foundation president.

"Rod served well his country, state, county, community, and clientele," said long-time friend Jack

DeWitt, Madison. "But the serious efforts required for these services never deterred Rod from partici-pating in more frivolous matters. He was always ready with a good story.

He had a great sense of humor and was a boon companion in every respect."

Active leader. Kittelsen was active in the State Bar and in his community for decades. He served as State Bar president from 1976-77 and several terms on the Board of Governors. Kittelsen served on the Pro Bono Committee and as recently as 2005 he was a member of the Unauthorized Practice of Law (UPL) Strategy and Guidance Subcommittee.

"Rod's contributions to the State Bar, Green County Bar, and in his community are legendary," said long-time friend Rex Ewald of Monroe. "He was a truly amazing person, and I consider myself privileged to have been his friend and colleague."

"Rod was an outstanding lawyer, loved by his clients, and respected by everyone. His sense of humor was legendary," said former State Bar president George K. Steil Sr., Janesville. "I have lost a great friend."

Early years. A Wisconsin farm boy, Kittelsen graduated from the U.W. Law School in 1939 and practiced law in Milwaukee before becoming a special agent for the Federal Bureau of Investigation, where he worked in the civil rights, treason, and domestic violence areas.

During his years with the FBI, Kittelsen supervised several important investigations involving American citizens who broadcast enemy propaganda from Italy, Germany, and the Orient, many of whom were indicted in 1943. Most famous of these was Dr. Ezra Pound, a well-known American poet who turned traitor for Mussolini.

Kittelsen served as the Green County district attorney from 1947 to 1953. In 1986, Kittelsen served as legal counsel for X-FBI Inc. in Quantico, Va.

Kittelsen's wife of 65 years, Pearle, passed away in 2005. He leaves three sons, Greg, James, and Bradley.

Pro bono project offers free training

Legal Action’s Volunteer Lawyers Project (VLP) offers its free 2007 Annual Fall Training CLE program in November for attorneys who provide, or commit to provide, direct pro bono services to low-income clients in Legal Action’s 39-county service area.

The Waukesha program, Nov. 6 - 8, covers consumer, elder, and housing law, working with interpreters, and immigration issues. The Madison program, Nov. 13 - 15, includes bankruptcy, unemployment insurance, Social Security disability and SSI, and family law matters. Full- and half-day sessions begin at 8:15 a.m. and 1:15 p.m. offering more than 40 CLE credit hours.

Electronic case management coming to Western District

The U.S. District Court for the Western District of Wisconsin will implement a new case management and electronic case files system, referred to as CM/ECF, in January. The system will provide enhanced case management tools and the capability to store court documents in electronic format and to accept electronic filings.

"The new system will offer several benefits," says chief deputy Joel Turner. "Attorneys will have instant access to case files 24 /7 and the ability to file documents outside of normal business hours and receive an email notice of the electronic filing. Plus, there will be no additional fees; current document filing fees will apply."

Attorneys must obtain a login and password to file documents electronically. For more information or to register, visit http://attorneyreg.wiwd.uscourts.gov, send an email to cmecfhelp@wiwd.uscourts.gov, or contact clerk Theresa Owens at (608) 261-5723.

CLE reporting deadline nears; complete CLE courses by Dec. 31

The Board of Bar Examiners (BBE) reminds attorneys admitted to practice in odd-numbered years that they will receive the 2006 - 07 CLE Form 1 continuing legal education reporting form in mid-October. All active Wisconsin-licensed attorneys are required by SCR 31.03 to file a CLE Form 1 with the BBE biennially.

"This is the first reporting period that on-demand credits can be reported," says BBE director John Kosobucki. On-demand programs are CLE seminars that previously were presented live or in another format and have been reapproved, allowing members to earn CLE credit for programs viewed over the Internet.

Attorneys may only report up to 10 credits of on-demand CLE each reporting period. EPR credits are not available through on-demand seminars.

The deadline for completing all required coursework is Dec. 31, 2007. Attorneys who file CLE Form 1 after Feb. 1, 2008, are subject to late fees and possible suspension. Attorneys admitted to practice in 2007 do not need to report their credits until 2009.

Kosobucki offers the following tips to help attorneys avoid common reporting errors.

1) Keep good records. If you keep track of courses you attend, completing the form should only take minutes. Log on to My State Bar at www.wisbar.org to view a list of State Bar CLE courses you have attended. You can add CLE courses you attended that were offered by other providers.

2) Be sure the course is BBE approved. Visit the BBE Web site at for a list of BBE-approved courses. If the BBE has not approved a course, submit a CLE Form 2 to request course approval or ask the course provider to apply for approval.

"But act quickly," urges Kosobucki. "This process can take several weeks, and a course must be approved before you can claim it for credit."

3) File the form yourself. Attorneys should personally complete the CLE form. The BBE offers a fillable CLE Form 1, which can be downloaded from the BBE's Web site and attached to the form you will receive by mail.

4) Sign the form. The CLE Form 1 is a sworn document and requires a valid signature.

5) File early. The earlier you file the form, the earlier the BBE will audit it, which will give you time to earn any necessary credits by Dec. 31.

6) File on time. Courses must be completed by Dec. 31, and the BBE must receive the forms by Feb. 1 to avoid a late filing fee.

As required by SCR 31.10, attorneys who have not complied with the reporting requirement by April 1 will receive a certified mail notice of noncompliance warning of suspension. "If your license is suspended," says Kosobucki, "the BBE must notify the supreme court clerk, all Wisconsin circuit courts, the Office of Lawyer Regulation, and the State Bar."

7) Nonpracticing and nonresident attorneys also must file. Nonresident attorneys and in-state attorneys who have not practiced law in Wisconsin during the reporting period are exempt from the attendance requirement but not the reporting requirement. Check the appropriate box on the form.

8) Watch your mail. If the BBE sends a deficiency notice or a notice of potential suspension, act quickly. Once suspended, an attorney must file a petition for reinstatement and pay a reinstatement fee.

For more information, contact BBE CLE Records manager Tammy McMillen at (608) 261-2350.