State Bar of Wisconsin rules
and bylaws
State Bar of Wisconsin bylaws
Amended: March 24, 1981; April 20,
1982; June 13, 1982; June 10, 1983; October 14, 1983; June 15, 1984;
August 26, 1988; January 4, 1990; June 19, 1991; September 13, 1991;
June 17, 1992; April 2, 1993, April 19, 1993, June 16, 1993, October 21,
1993, June 22, 1994; January 23, 1996; September 20, 1997; January 25,
2000; April 14, 2000; March 7, 2001; April 10, 2001; January 23, 2002;
January 28, 2002.
Article I
Membership
Section 1. Membership
Register. The Association shall maintain a membership register for
the enrollment of members of the State Bar, which shall contain as to
each member a record showing the member's address, date of registration,
class of original membership and each subsequent change of membership
status, and such other information as may be required by the Board of
Governors from time to time.
Every member shall enroll in the State Bar by signing
and filing in the office of the Association a registration card showing
the following information concerning the registrant:
(a) Full name.
(b) Residence address.
(c) Office address. Location of principal office.
(d) Date of admission to practice in Wisconsin.
(e) Date of admission to practice in any state or states
other than Wisconsin.
(f) Date and place of birth; and in the case of a
naturalized person, the date and place of naturalization.
(g) Particulars regarding any previous suspension or
revocation of right to practice law in any state or country.
(h) Name of law school and year of graduation.
(i) Social security number.
Every change after enrollment in respect of any of the
matters above specified shall be promptly reported to the Executive
Director. Communications from the Association to any member shall be
sent to the latest address furnished by such member. At the time of
enrollment of each member admitted to practice after these rules take
effect, the Association shall deliver to the new member a copy of the
lawyer's oath set forth in sec. 757.29, Wisconsin Statutes.
Section 2. Membership Dues.
Membership dues shall be paid on the basis of a July 1 through June 30
fiscal year and shall be due and payable to the treasurer on July 1
beginning each such year. Membership dues for the fiscal year in which
admission to the State Bar occurs shall be paid by the due date stated
on an initial dues statement as follows: (i) for those admitted between
July 1 and December 31, full applicable annual dues; (ii) for those
admitted between January 1 and April 30, one-half applicable annual
dues; (iii) for those admitted between May 1 and June 30, no dues. The
Board of Governors may exempt any member serving in the armed forces of
the United States at the date of admission or at the beginning of any
fiscal year, provided satisfactory proof of exemption is submitted to
the Executive Director within 60 days of the date dues otherwise would
be payable.
Section 3. Penalty for Nonpayment of
Dues. (a) Any member admitted to the State Bar prior to
July 1 whose dues are not paid by September 1 shall be notified of his
or her delinquency and the consequent penalties by certified mail sent
to the member's last known address prior to October. Failure to pay the
dues by October 31 shall automatically suspend the delinquent member.
The names of all members suspended from membership by the nonpayment of
dues shall be certified by the Executive Director to the Clerk of the
Supreme Court and to each judge of a court of record in this state,
after first mailing a copy of such list to each suspended member 10 days
before it is filed with the Supreme Court.
(b) Any member admitted to the State Bar on or after
July 1 and whose dues are not paid within 60 days after the due date
stated on his or her initial dues statement shall be notified of his or
her delinquency and the consequent penalties by certified mail sent to
the member's last known address within 90 days after the initial due
date. Failure to pay initial dues within 120 days from the initial due
date shall automatically suspend the delinquent member, and the
Executive Director shall certify such suspension in the manner provided
by these bylaws.
(c) Whenever a member so suspended for nonpayment of
membership dues makes full payment of the amount owing, and in addition
thereto the sum of twenty dollars as a penalty, the member shall be
reinstated as a member by the Board of Governors, and the fact of
reinstatement shall be certified by the Secretary to the Clerk of the
Supreme Court. Provided however in the case of any person whose
membership dues shall have been in arrears for a period of three or more
consecutive years, no application for reinstatement shall be granted
unless ordered by the court. Provided further however, that no person
whose membership is suspended for the nonpayment of dues shall be
entitled to practice law during the period of such suspension.
Section 4. Hardship Cases. The Executive
Director, with the approval of the President, may in individual cases
waive or refund dues or penalties in any case where to do otherwise
would work an injustice or an undue hardship. All such waivers or
refunds shall be reported to the Board of Governors.
Section 5. Dues Reduction Arbitration
Procedure. (a) Demands for arbitration of the dues reduction under
SCR
10.03(5)(b) shall be made in writing and shall be delivered to the
Executive Director of the State Bar within 30 days of receipt of the
member's dues statement. Delivery may be made in person or by first
class mail, and mailed demands will be deemed delivered upon mailing.
Demands shall include the name and address of the member or members
demanding arbitration, a brief statement of the claim or objection, and
the signature of the member or members.
(b) If one or more timely demands for arbitrations are
delivered, the State Bar shall agree to submit the matter forthwith to
arbitration. All timely demands for arbitration shall be consolidated
for hearing before the arbitrator appointed, and the provisions of sec.
788, Stats., shall apply as if the parties had entered into a written
agreement for arbitration. A member demanding arbitration is required to
pay his or her dues by October 31 or 15 days following the arbitrator's
decision, whichever is later. Failure to pay dues by such date shall
automatically suspend the delinquent member.
(c) Upon receipt of all demands for arbitration, the
State Bar shall apply for appointment of an impartial arbitrator to the
Chief Judge of the Federal District Court for the Western District of
Wisconsin.
(d) Members demanding arbitration shall have access to
the financial records upon which the State Bar based the determination
of the amount of dues that can be withheld. These records shall be
available for inspection and copying during normal business hours.
Copying shall be at the member's expense.
(e) The arbitrator shall determine the date, time and
location of the arbitration hearing(s) and shall so notify the parties
at least 15 days prior to said hearing(s). The arbitrator will promptly
hold hearings in which the parties will be permitted to participate
personally or through a representative. The State Bar shall bear the
burden of proof regarding the accuracy of the determination of the
amount of dues that can be withheld. All parties will be given the
opportunity to present evidence and to present arguments in support of
their positions. The following rules shall apply to the arbitration
proceedings:
i. There will be no transcripts or post-hearing
briefs.
ii. The arbitrator will issue an award stating the
reasons for the decision within 30 business days of the closing of the
hearing. The opinion will be brief, and based on the evidence and
arguments presented.
iii. The arbitrators will charge a maximum of $100 per
hour for services, including the hearing, preparation and study time,
and shall be reimbursed for all necessary expenses of the
arbitration.
iv. The hearing shall be held within 60 days of
appointment of the arbitrator.
v. The arbitrator shall not be deemed a necessary party
in judicial proceedings relating to the arbitration.
vi. The arbitrator shall have no authority to add,
subtract, set aside or delete from any Supreme Court Rule, or State Bar
bylaw.
(f) Members first admitted to the State Bar after the
date of notification to members shall be given that notification with
their initial dues statements. Such members shall be further notified
that they may deliver a demand for arbitration within 30 days following
receipt of the notification. If arbitration is pending at the date of
delivery of a demand for arbitration by a newly admitted member, the
newly admitted member's demand shall be consolidated with the pending
arbitration. All of the provisions of this section shall otherwise apply
to demands for arbitration filed by newly admitted members.
Article II Officers
Section 1. Nominations. The
President-Elect, the Secretary and the Treasurer of the State Bar shall
be elected from a list of candidates nominated in the following
manner:
(a) The President of the Association with approval of the
Board of Governors shall appoint a committee of five members to
nominate candidates for said offices to be voted on at the next annual
election. The nomination committee shall be approved at the first
regularly scheduled Board meeting following the annual
convention. The committee shall issue a report naming two or more
nominees for the Office of President-Elect, two or more nominees for
the Office of Secretary and two or more nominees for the Office of
Treasurer. Before making its report, the committee shall solicit
from the membership the names of members interested in seeking
nomination to any office scheduled for election. The committee shall
make its report no later than December 15 in each year.
(b) Other persons may be nominated for any of said offices by
petition. Each nominee must provide a petition signed by not less
than one hundred active members of the Association. The petition
must be filed in the Office of the Executive Director on or before the
first business day of February of the year of the election.
Before such a petition may be filed, the nominee must consent in a
written statement to nomination for the office designated in the
petition.
Section 2. Voting and Canvass of Ballots.
The provisions of Sections 4 to 8 inclusive of Article III of these
By-Laws relating to the election of members of the Board of Governors
shall be applicable also to the election of officers.
Section 3. Election of Chairperson of the Board of
Governors. The Board shall elect a Chairperson of
the Board of Governors from its members at its last regular meeting
each fiscal year. The President shall appoint a nominating committee
from the governors at the second to last regular Board meeting of the
fiscal year. The committee shall nominate one or more candidates
for this office. Those eligible for nomination and election to
this office are: all current Board members, including members whose
second terms expire that June, except for the President and
President-Elect. While serving as Chairperson of the Board, the
Chairperson of the Board shall be a governor at large and no longer a
district governor.
Section 4. Commencement of Term of Office.
The terms of all out-going officers of the Association and the
Chairperson of the Board of Governors shall end, and the term of their
successors shall commence, on the first day of July.
Article III Board of
Governors
Section 1. Qualifications of
Electors. Each member of the Board of Governors shall be
elected by the active members of the State Bar eligible to vote in the
State Bar District in which such member of the Board of Governors has
his or her principal office for the practice of law.
Section 2. Term. At the annual
election members of the Board of Governors shall be elected in the
several State Bar districts by the members entitled to vote in each Bar
district where there is a vacancy or vacancies for governor or governors
whose terms expire.
Section 3. Nomination
Petitions. Nominations for the Office of Governor shall be
by petition signed in respect of each nominee by not less than ten
persons entitled to vote for such candidate. Blank forms for that
purpose shall be supplied by the Executive Director of the Association
on request. Nomination petitions for candidates to be voted on at the
annual election in any year shall be filed in the office of the
Executive Director not later than the first business day of March of
such year, provided that before the filing of such petition a statement
shall be endorsed thereon by the nominee to the effect that the nominee
consents to nomination for the office designated in the petition. No
nominating petition for governor shall be filed on behalf of any member
practicing in the same county in which another member is a governor
whose term does not expire at the next annual meeting.
Section 4. Voting List. On the
third Friday of March in each year the voting list shall close for the
election in that year. Every active member of the Association in good
standing on that date shall be entitled to vote in the State Bar
District in which the member's principal office for the practice of law
is located, for officers of the State Bar and for the governor or
governors for such district to be elected that year.
Section 5. Mailing of Ballots.
On or before the second Friday of April in each year the Executive
Director shall prepare and mail required ballots to each active member
of the State Bar entitled to vote at the annual election. One form of
ballot sent to persons entitled to vote in each State Bar District shall
contain the names of the nominees for the several offices of the State
Bar to be filled at the annual election, and a separate form of ballot
shall contain the names of the nominees for the Office of Governor from
such district. If any such person entitled to vote in such election
fails to receive his or her ballots, or if it appears that any such
ballot has been lost or destroyed, a new ballot shall be furnished to
the person by the Executive Director. The fourth Friday of April in each
year shall be the last day for voting in such election and no ballots
received after that date shall be counted.
Section 6. Voting of Ballots.
No ballot shall be counted unless returned to the Office of the
Executive Director of the Association on or before the last day for
voting, in an envelope furnished by the Executive Director marked
"Ballot."
Section 7. Checking and Custody of
Ballots. The Executive Director shall receive and have
custody of the ballots after they are voted until they are canvassed.
All such ballots shall be segregated as to State Bar districts from
which they are received. The envelope containing the ballots shall be
retained unopened until turned over to the certified public accountant
for canvass.
Section 8. Canvass of Ballots.
The ballots shall be canvassed by a certified public accountant selected
by the Executive Committee. The candidate receiving the highest number
of votes for each office shall be declared elected. In case of a tie
vote the Executive Committee shall determine the successful candidate by
lot drawn by the Committee. The certified public accountant shall
certify the results to the Executive Director, who shall forthwith
notify the candidates and announce the results. Upon completion of the
canvass, the certified public accountant shall retain the ballots
subject to the further order of the Board of Governors.
Section 9. Meetings of Board of
Governors. (a) There shall be a regular meeting of the
Board of Governors in each year at the time of the annual meeting of
members of the State Bar. There shall be at least three additional
regular meetings in each year. The meetings shall be on the dates set by
the President and announced no later than thirty days following the
President's assumption of office on July 1. Special meetings of the
Board of Governors may be held at any time upon call of the President,
and shall be called by the President upon written request signed by
seven members of the Board.
(b) Notice of the time and place of regular and special
meetings of the Board shall be given to each member by the Executive
Director by mail or telephone at least five days before the meeting. At
any regular meeting of the Board any business may be transacted which is
within the power of the Board, whether or not specified in the call or
notice of the meeting. At any special meeting of the Board, any business
may be transacted which is within the power of the Board if specified in
the call or notice of the meeting. Members of the Board may participate
and vote by telephone at any special meeting, but not at a regular
meeting. Members appearing by telephone at a special meeting shall be
deemed present for the purpose of determining a quorum. Action by the
Board may be taken by a majority of members present at a meeting at
which a quorum is present, except action upon legislative proposals,
proposed supreme court rule changes and proposed executive agency rule
changes shall require approval by a 60% majority of members present at a
meeting at which a quorum is present. At any regular or special meeting,
any business placed on a consent agenda that is part of the notice or
call will be acted upon without debate. Business listed on the consent
agenda may be removed by any one governor within a 72-hour notice to the
Secretary of the State Bar.
Section 10. Members of Judicial
Council. Upon expiration of the term of office of each
member of the Judicial Council selected by the Wisconsin Bar Association
pursuant to the provisions of sec. 758.13, Wisconsin Statutes, the
successor in such office shall be elected from the active members of the
State Bar in the manner provided for the election of officers.
Section 11. American Bar Association
Delegates. (a) Upon expiration of the term of office of
each State Bar delegate of the House of Delegates of the American Bar
Association, the successor shall be elected by the Board of Governors
and every vacancy thereafter occurring in such office shall be filled in
the manner specified below.
(b) The election of delegates shall be held at the
meeting of the Board of Governors held in conjunction with the annual
meeting of the State Bar of Wisconsin each year.
(c) Qualification for election as State Bar of Wisconsin
delegate to the American Bar Association House of Delegates shall be
membership in the State Bar of Wisconsin and the American Bar
Association and shall be made by petition of nomination to such office
endorsed by at least ten members of the State Bar of Wisconsin Board of
Governors, except that a candidate for Young Lawyer delegate who is
otherwise qualified under section 6.4 of the American Bar Association
Constitution shall be nominated by petition endorsed by at least four
members of the Young Lawyers Division Board of Directors. Members of the
State Bar of Wisconsin Board of Governors or, in the case of nomination
of the Young Lawyer delegate, members of the Young Lawyers Division
Board of Directors, may endorse any number of candidate petitions.
Petitions for nomination shall be substantially in the form of petition
for election to the State Bar of Wisconsin Board of Governors as
prescribed in Article III, Section 3 of the State Bar of Wisconsin
Bylaws with appropriate changes in order to make the petition germane to
this purpose. Petitions for nominations shall be filed in the office of
the Executive Director of the State Bar of Wisconsin no later than the
15th day of April in the year the election is to be held.
(d) Notice of election for terms of delegates expiring
at the close of the American Bar Association Annual Meeting each year
shall be substantially in the form as the notice attached hereto as
Exhibit A. Said notice shall be published in the February and March
issues of the Wisconsin Lawyer each year.
(e) Commencing with delegates elected at the meeting of
the Board of Governors held in conjunction with the 1994 Annual Meeting
of the State Bar of Wisconsin, no candidate shall be elected to more
than three consecutive terms.
Exhibit A
Notice of Election of State Bar of Wisconsin Delegates
to the American Bar Association House of Delegates.
An election of two members or in odd numbered years, one
member and one member of the Young Lawyers Division, of the State Bar of
Wisconsin to the American Bar Association House of Delegates (House)
will be held at the meeting of the Board of Governors on the _____ day
of ____ 19 ____. Those members interested in representing the State Bar
of Wisconsin in such capacity are referred to Article III, Section 11 of
the State Bar of Wisconsin Bylaws for qualifications for election and
election procedure. Below is a brief description of the American Bar
Association House of Delegates as well as the duties of said office.
The House has the ultimate responsibility for
establishing Association policy, both as to the administration of the
Association and it positions on professional and public issues. The
House elects the officers of the Association and members of the Board of
Governors upon nomination of the Nominating Committee. The House has
sole authority to amend the Association's Bylaws and has authority to
amend the Association's Constitution upon concurrence of the
Association's Assembly of members. The House authorizes committees and
Sections of the Association and has the authority to discontinue them.
The House sets the dues for membership upon recommendation of the Board
of Governors.
A Delegate is responsible for attending each meeting of
the House, participating fully in its proceedings and discharging the
responsibilities of the House. The State Bar of Wisconsin reimburses the
expenses incurred by its delegates for transportation and lodging for
the meeting of the House held at the Annual Meeting of the American Bar
Association. The American Bar Association reimburses the expenses, which
conform to the American Bar Association policy, incurred by all
delegates for transportation to the Mid-year meeting of the House. The
State Bar reimburses its delegates for lodging expenses incurred by its
delegates at the Mid-year meeting of the house.
It is the responsibility of each Delegate to keep his or
her constituency fully apprised of the actions taken by the House, and,
to the extent possible, matters pending before the House; and to assist
constituent entities in presenting issues of concern for debate and
action by the House.
Article IV Standing
Committees
Section 1(a). Appointment. Number
of Members. Term. Each of the standing committees other than the
Committee on Legal Assistance and the Continuing Legal Education
Committee shall consist of 12 members. The Committee on Legal Assistance
shall consist of 18 members, 3 of whom are attorneys employed by legal
services, legal aid, or legal assistance providers. The Continuing Legal
Education Committee shall consist of 13 members, one of whom must be a
member of the Government Lawyers Division. The members of each such
committee shall be appointed by the President for a term of three years,
so arranged that the term of office of only one-third of the members
shall expire in any year. No person is eligible for appointment to the
same committee for more than two consecutive terms. The Government
Lawyers Division member of the Continuing Legal Education Committee
shall be appointed by the President for a term of one year. The
chairperson of each committee shall be designated by the President for a
term of one year. In the event of any vacancy in any committee it shall
be filled by appointment by the President for the unexpired term.
Members of committees shall serve until the appointment of their
respective successors. A majority of the members of any committee shall
constitute a quorum for the transaction of business. Each committee
shall keep a record of its meetings and proceedings and shall submit an
annual report to the Board of Governors. The Board of Governors may
assign powers or duties to any standing committee in addition to those
hereinafter set forth.
(b) Removal for Nonattendance. After two
consecutive nonexcused absences from meetings of any committee, the
chairperson of the committee shall report said absences to the
President. The President shall thereupon notify such member of the
member's removal from the committee, and appoint a replacement for the
balance of the term of office.
Section 2. Committee on Continuing Legal
Education. This committee shall provide guidance for the
State Bar of Wisconsin's continuing legal education program, which is
designed to serve the public interest by improving the competence of
lawyers. Competence includes knowledge of substantive and procedural
law, principles of ethics and professionalism, and techniques of law
practice management. The continuing legal education program should be
committed to providing a range of high quality educational and practice
resources at competitive prices while recognizing that its long term
vitality is dependent upon fiscal responsibility.
Section 3. Committee on Professional
Ethics. This committee shall formulate and recommend
standards and methods for the effective enforcement of high standards of
ethics and conduct in the practice of law; shall consider the "Rules of
Professional Conduct for Attorneys" as adopted by the Wisconsin Supreme
Court and the observance thereof, and shall make recommendations for
appropriate amendments thereto. The committee shall have authority to
express opinions regarding proper professional conduct, upon written
request of any member or officer of the State Bar. However, the
committee shall not issue opinions as to the propriety of past or
present conduct of specific member attorneys unless requested to do so
by a grievance committee of the State Bar or by the Board of Governors
of the State Bar. Unless waived by the requestor or subject, the
identities of all requestors of past and current opinions or advice
shall be confidential and information relating thereto shall also remain
confidential. Members of the committee or designees who provide ethics
advice to member attorneys shall be subject to this requirement of
confidentiality.
Section 4. Committee on
Communications. This committee shall create, develop and
implement effective means and methods of communication between the State
Bar, courts, attorneys, clients, all forms of media and the general
public. It shall suggest, encourage and foster the activities of local
bar associations in communicating more efficiently and effectively in
their respective areas. It shall be responsible for the relations of the
State Bar to the public and shall report and make recommendations from
time to time to the Board of Governors.
Section 5. Committee on Legal
Assistance. This committee shall promote the establishment
and efficient maintenance of legal aid organizations equipped to provide
legal services to those unable to pay for such service; shall study the
administration of justice as it affects persons in the low income
groups; and shall study and report on methods of making legal service
more readily available to persons of moderate means, and shall encourage
and assist local bar associations in accomplishing this purpose.
Section 6. Special Committees.
Each special committee shall consist of a number of members determined
and appointed by the President or, if the special committee is a
committee of the Board of Governors, such number as shall be determined
and appointed by the President with the advice and consent of the Board
of Governors. Appointments to special committees shall be for a term of
one year. No person is eligible for appointment to the same special
committee for more than four consecutive years. Creation or abolition of
a special committee by the President is subject to review and approval
by the Board of Governors. The Chairperson of each special committee,
other than a committee of the Board, shall be designated by the
President for a term of one year. The Chairperson of each committee of
the Board shall be designated by the Board for a term of one year. In
the event of any vacancy in any special committee, it shall be filled by
appointment by the President or, in the event of a vacancy in a
committee of the Board, by the Board for the unexpired term. Members of
the special committee shall serve until the appointment of their
respective successors. Each special committee shall keep a record of its
meetings and proceedings and shall submit an annual report to the Board
of Governors. The members of any special committee shall be subject to
the removal provisions contained in Section 1(b).
Article V Finance
Committee
Section 1. Composition. There
shall be a continuing Special Committee on Finance composed of the
President, President-Elect, immediate Past-President, Treasurer,
Chairperson of the Continuing Legal Education Committee or his or her
designee, and four members who shall be appointed by the President and
shall be experienced with the governing of the Bar and with financial
management. The President shall appoint the chairperson.
Section 2. Functions. The
Committee on Finance shall review the annual budget proposed by the
Executive Director and make recommendations to the Board of Governors
thereon, and shall maintain continuing budget and expenditure scrutiny
during the year. The committee shall also deal with other financial
aspects of the Association's operation, including review of financial
statements and recommendations thereon, pension administration,
investment and other asset management, and long-range financial
planning; shall serve as a resource on financial policies and procedures
for proposed actions of the Board of Governors and the Executive
Committee; and shall perform such other functions and duties as are
assigned by the Board of Governors, the Executive Committee or the
President.
Article VI Section Organization
and Activities
Section 1. Establishment, Consolidation and
Discontinuance of Sections. Upon approval of an
application for the establishment of a new section, the Board of
Governors, by a vote of a majority of its members may establish such a
section dedicated to a field of law not committed to any other section
or committee of the Association. Every application to the Board of
Governors for the establishment of a section shall set forth:
(a) The field of law to which the proposed section is to
be dedicated, which shall be within the purposes of the State Bar and
outside the field of law committed to any existing section or committee
of the Association.
(b) A statement of the need for the proposed
section.
(c) The proposed by-laws for the government of such
section. (d) The names of the several committees, if any, of the
proposed section.
(e) A list of members of the Association who have
signified their intention of applying for membership in the proposed
section.
An application for the consolidation of existing
sections shall set forth the information required in the case of an
application for establishing a section. Such an application may be
granted by the Board of Governors in its discretion, by vote of a
majority of the members of the Board of Governors, but only after notice
by mail to the members of such section.
A section may be discontinued by vote of a majority of
the members of the Board of Governors but only after notice by mail to
the members of such section.
Section 2. Membership of
Sections. Any member of the State Bar shall be entitled at
the member's election to enroll in any section. Section 3. Section
Officers and Council. Each section shall have a chairperson and
council and such other officers as the section by-laws may provide. The
council of a section shall consist of the officers ex officio and such
other members as may be provided in the by-laws. No change in the
by-laws of any section shall be effective until approved by the Board of
Governors.
Section 4. Section Dues. The
members of any section may be required to pay section dues in such
amount and for such purposes as the section, with the approval of the
Board of Governors, may from time to time determine.
Section 5. Section Meetings.
The officers and directors of each section shall arrange for meetings of
the section in conjunction with the annual meeting of the State Bar.
Special meetings may be held at such times and places as the section
boards and officers may determine.
Section 6. Reports. Each
section shall submit to the Board of Governors prior to the annual
meeting of the Association in each year a report of the activities of
the section.
Section 7. Expenses.
Expenditures out of the dues of sections shall be made only by direction
of the council of the section; and the treasurer of the State Bar shall
pay out of such dues only such amounts as the chairperson of the section
shall certify to have been so authorized.
Article VII Amicus
Curiae Briefs
Briefs amicus curiae may be authorized and
filed in the name of the State Bar of Wisconsin or one of its sections
or divisions pursuant to the following guidelines, policies and
procedures:
Section 1. State Bar of Wisconsin
Briefs.
(a) Authorization. The Board of Governors may
authorize the preparation and filing of a State Bar of Wisconsin brief
amicus curiae by an affirmative vote of at least two-thirds of
those members present and voting.
(b) Appropriate Cases. Briefs amicus
curiae may be authorized only when consistent with the purposes of
the State Bar, as expressed in SCR
10.02(2)..
(c) Preparation and Filing of Briefs.
1. A brief amicus curiae may be filed only
after review and approval by the President of the State Bar who, in
consultation with others as may be necessary and appropriate, shall
insure that the brief is of high professional quality and an accurate
representation of State Bar policy.
2. In addition to the person or persons actually
preparing the brief, the President of the State Bar shall also appear as
counsel on the brief.
3. The State Bar shall pay for the costs of printing and
filing an amicus curiae brief but will pay no legal fees for
preparation or review of such brief.
(d) Role of Individual Members, Committees,
Divisions and Sections.
1. Whenever practicable, appropriate State Bar
committees, divisions and sections shall be consulted prior to
authorization of an amicus curiae brief.
2. Individual members, committees, divisions and
sections may recommend that a brief amicus curiae be filed in
the name of the State Bar of Wisconsin, which recommendation shall
include:
a. A full statement of the facts of the controversy and
the status of the litigation;
b. A statement of the principles of law to be supported
with a full explanation of the applicant's reasons for believing that
the case is an appropriate one for State Bar involvement;
c. A statement advising when the recommendation was
authorized and a description of any dissenting views when presented by a
committee, division or section;
d. A full disclosure of any personal or professional
interest in the matter of any proponent of the recommendation, or of any
individual member of the section or division directors or officers or
committee members which authorized the submission of the
recommendation;
e. The name of the person or persons who are proposed to
prepare the brief amicus curiae;
f. The names of all interested parties to whom a copy of
the recommendation has been furnished prior to submission to the Board
of Governors or Executive Committee.
(e) Involvement by State Bar Membership.
1. Whenever practicable prior to authorizing or filing a
brief amicus curiae, notice of the proposed action shall be
published in the State Bar Wisconsin Lawyer or
Newsletter inviting comment and recommendations from the State
Bar membership.
2. All comments and recommendations from the membership
timely received under (e)(1) shall be considered by the Board of
Governors or Executive Committee prior to taking the proposed
action.
Section 2. Section and Division
Briefs.
(a) Authorization. No amicus curiae
brief shall be filed by any committee, section or division of the State
Bar of Wisconsin without the authorization provided herein.
1. Upon receipt of any request to file an amicus
curiae brief from any person, lawyer, committee, section or
division of the State Bar, the President or designee shall, as soon as
practical, telephonically or electronically communicate such request to
counsel for the opposing party in the court below and to any other
committee, section or division of the State Bar that reasonably would be
expected to have an interest in the issues of the case and invite any
timely comment to such request.
2. If a request originates from a court, whether it goes
first to a committee, section or division or directly to the Board of
Governors, the foregoing paragraph shall not apply.
3. Authorization for the preparation and filing of a
brief amicus curiae by a committee, section or division shall
be by an affirmative vote of at least two-thirds of the members of the
Board of Governors present and voting at an official meeting of the
Board of Governors.
4. In the event the President of the State Bar of
Wisconsin determines it is not feasible or practical for the Board of
Governors to meet and act upon a requested authorization to file a brief
amicus curiae, then Paragraph 3 shall not apply. In such case
the President shall electronically communicate the request for such
brief and any comments to all members of the Board of Governors, which
communication shall be for informational and comment purposes only. The
President shall then contact and convene, either in person or through
telephonic or electronic communication, a meeting of the Executive
Committee of the State Bar of Wisconsin. The committee shall then, where
deemed appropriate by the President, assume the responsibilities of the
Board of Governors as to the authorization of the preparation and filing
of an amicus curiae brief by affirmative vote of at least
two-thirds of the members of the Executive Committee then participating
and voting, provided that those Executive Committee members
participating and voting constitute at least a majority of the Executive
Committee.
5. If for any reason the President of the State Bar of
Wisconsin is unable to assume the duties provided for above, the
President-elect shall be authorized to act in the capacity of the
President of the State Bar of Wisconsin for the limited purpose of
determining whether or not it is feasible and practical to require an
authorization of the total Board of Governors, or whether the situation
demands immediate action and therefore the convening of the Executive
Committee for the purpose of considering the amicus curiae
brief request.
6. The President has the discretion to refuse to
consider a request to file an amicus curiae brief in the event
it is not submitted in a timely manner.
(b) Appropriate Cases. Briefs amicus
curiae may be authorized only when consistent with the purposes of
the State Bar, as expressed in SCR
10.02(2). and the purposes of the section or division as expressed
in the section bylaws.
(c) Preparation and Filing of Briefs.
1. A brief amicus curiae may be filed only
after review and approval by the chairperson of the section or president
of the division who, in consultation with others as may be necessary and
appropriate, shall insure that the brief is of high professional quality
and an accurate representation of section or division policy and in
accordance with the authorization of the Board of Governors.
2. In addition to the person or persons actually
preparing the brief, the chairperson of the section or president of the
division shall also appear as counsel on the brief.
3. The section or division may pay for the costs of
printing and filing an amicus curiae brief but may not pay
legal fees for preparation or review of such brief.
4. The brief must include a statement that it is filed
only by the section or division, not the Board of Governors or any other
State Bar entity.
(d) Role of Individual Members, Committees,
Divisions and Sections.
1. Whenever practicable, appropriate State Bar
committees, and other divisions and sections shall be consulted prior to
requesting authorization of an amicus curiae brief by the Board
of Governors.
2. A section or division request for authorization to
file an amicus curiae brief shall include:
a. A full statement of the facts of the controversy and
the status of the litigation;
b. A statement of the principles of law to be supported
with a full explanation of the reasons for believing that the case is an
appropriate one for section or division involvement;
c. A statement advising when and by what vote it was
decided to request authorization to file an amicus brief and a
description of any dissenting views;
d. A full disclosure of any personal or professional
interest in the matter of any individual member or officer or director
of the section or division;
e. The name of the person or persons who are proposed to
prepare the brief amicus curiae;
f. The names of all interested parties to whom a copy of
the request for authorization has been furnished prior to submission to
the Board of Governors or Executive Committee.
(e) Involvement by State Bar Membership.
1. Whenever practicable prior to authorizing or filing a
brief amicus curiae, notice of the proposed action shall be
published in the State Bar Wisconsin Lawyer or
Newsletter inviting comment and recommendations from the State
Bar membership.
2. All comments and recommendations from the membership
timely received under (e)(1)1 shall be considered by the Board of
Governors or Executive Committee prior to taking the proposed
action.
Article VIII Indemnification of
Officers, Employees, and Agents
Section 1. Power. The State
Bar of Wisconsin (herein State Bar) shall indemnify any person who was
or is a party or threatened to be made a party to any threatened,
pending or completed action, suit or proceeding, whether civil,
criminal, administrative or investigative and whether with or without
merit (other than an action, suit or proceeding by or in the right of
the State Bar) by reason of the fact that he or she is or was a member
of the Board of Governors of the State Bar or its Executive Committee,
an officer or employee of the State Bar, or an agent of the State Bar
acting on its behalf as a committee, division, or section member or as
an appointee of an officer or the Executive Director of the State Bar
(all of the above herein designated as "State Bar Persons"), against
expenses, including attorney's fees, judgments, fines and amounts paid
in settlement, actually and reasonably incurred by the person in
connection with such action, suit or proceeding if he or she breached or
failed to perform any duty resulting solely from his or her status as a
State Bar Person unless the breach or failure to perform constitutes any
of the following:
(a) A willful failure to deal fairly with the State Bar
or its members in connection with a matter in which the State Bar Person
has a material conflict of interest.
(b) A violation of criminal law, unless the State Bar
Person had reasonable cause to believe his or her conduct was lawful or
no reasonable cause to believe his or her conduct was unlawful.
(c) A transaction from which the State Bar Person
derived an improper personal profit.
(d) Willful misconduct.
Section 2. Effect of
Termination. The termination of any action, suit or
proceeding referred to in Section (1) by judgment, order, settlement,
conviction, or upon a plea of nolo contendere or its equivalent, shall
not of itself create a presumption that indemnification of the State Bar
Person is not required under this section.
Section 3. Success on Merits.
To the extent that a State Bar Person has been successful on the merits
or otherwise in defense of any action, suit or proceeding referred to in
section (1), or in defense of any claim, issue or matter therein, he
shall be indemnified against expenses, including attorney's fees,
actually and reasonably incurred by the person in connection
therewith.
Section 4. Denial of
Indemnification. Any indemnification under section (1)
shall be made by the State Bar unless there is a determination that
indemnification of the State Bar Person is improper in the circumstances
because he or she has breached or failed to perform a duty in a manner
described in Section (1)(a) to (d). Such determination shall be made by
one of the following subject to review by the court which conducted the
action, suit or proceeding or by another court of competent
jurisdiction:
(a) By the Executive Committee of the Board of Governors
of the State Bar by a majority vote of a quorum consisting of members
who were not parties to such action, suit or proceedings; or
(b) By the Board of Governors of the State Bar by a
majority vote of a quorum consisting of members who were not parties to
such action, suit or proceeding.
Section 5. Advance Payment.
Expenses including attorney's fees, incurred in defending a civil or
criminal action, suit or proceeding may be paid by the State Bar in
advance of the final disposition of such action, suit or proceedings
upon receipt of an undertaking by or on behalf of the State Bar Person
to repay such amount if it is ultimately determined that he or she is
not entitled to be indemnified by the State Bar as provided in this
Article.
Section 6. Insurance. The
State Bar shall have power to purchase and maintain insurance on behalf
of any State Bar Person against any liability asserted against the
person and incurred by him or her in any capacity as a State Bar Person
whether or not the State Bar would have to indemnify against such
liability under this Article. Where there is insurance coverage the
State Bar will not indemnify against attorney's fees paid by the State
Bar Person except where such person has reasonably retained counsel
because a claim exceeds the insurance coverage.
Article IX Amendment
The provisions of these By-Laws shall be subject to
amendment or abrogation by (i) resolution adopted by vote of two-thirds
of the members of the Board of Governors, or (ii) action of the members
of the Association expressed through the referendum procedure defined in
SCR
10.08. When any change in the By-Laws has been made, the Executive
Director shall publish notice thereof, including a copy of the
amendatory resolution, in the official bulletin of the State Bar, and he
or she shall file a certified copy thereof with the Clerk of the Supreme
Court. A petition for review of any such change in the By-Laws will be
entertained by the Court if signed by twenty-five or more active members
of the Association and filed with the Clerk of the Court within sixty
days after publication of notice of such change. Hearing upon such a
petition will be pursuant to notice in such manner as the Court may
direct.
Amended: March 24, 1981; April 20,
1982; June 13, 1982; June 10, 1983; October 14, 1983; June 15, 1984;
August 26, 1988; January 4, 1990; June 19, 1991; September 13, 1991;
June 17, 1992; April 2, 1993, April 19, 1993, June 16, 1993, October 21,
1993, June 22, 1994; January 23, 1996; September 20, 1997; January 25,
2000; April 14, 2000; March 7, 2001; April 10, 2001; January 23, 2002;
January 28, 2002.
