June 2004

Board approves changes to the State Bar rules and bylaws

At its May 7 meeting, the Board of Governors approved, 41 - 1, proposed changes to the State Bar's rules and bylaws. The revised documents will become effective if the Wisconsin Supreme Court approves them after a public hearing

"If approved by the supreme court, the Rules and Bylaws Committee members believe the proposed rules and bylaws will enable the State Bar to act and react in a timely manner and be more responsive to members' needs," says committee chair John Bermingham. "These were our goals when the committee was appointed by then-President Gary Bakke in 2001, and we are confident that after considerable thought and debate and careful consideration of feedback received from the board and other bar groups during the last few years, our proposed revisions meet these goals."

The proposed rules and bylaws contain the following major changes.

Membership: The most significant revisions concerning membership are a change in the age for emeritus status to 75 and the creation of three new membership categories. The committee recognized that members fit into different classes depending on years of membership, type of practice setting, and need to hold a Wisconsin license. The new categories are for house counsel members (attorneys licensed outside Wisconsin who work solely for non-law firm businesses in Wisconsin); associate members (attorneys licensed outside Wisconsin who do not practice in Wisconsin but desire certain Bar benefits); and temporary members (out-of-state attorneys admitted to practice pro hac vice in Wisconsin courts on a case-by-case basis). The addition of house counsel and temporary membership ensures that all attorneys who practice law in Wisconsin are State Bar members.

Board of Governors (BOG): The composition of the BOG was changed to include a section representative, chosen by the Section Leaders Advisory Council. The revised bylaws also specify the duties of governors, including the avoidance of conflicts of interest. The supermajority voting requirements were made consistent throughout the bylaws and collected in one section so that it will be easier to determine the appropriate voting requirements. In addition, the revised bylaws include three new BOG committees: the Strategic Planning, the Legislative Oversight, and the Leadership Development committees.

Officers: As with board members, officers have conflict of interest guidelines in the bylaws and are subject to specific vacancy and removal provisions. Although the Rules and Bylaws Committee recommended elimination of the secretary position, it was ultimately retained as a "governor at large" position.

Sections: The proposed bylaws added "area of practice or interest related to the practice of law" to the purposes to which a section may be dedicated. Under the current bylaws, a section must be dedicated to a "field of law." The Section Leaders Advisory Council, which has existed for a number of years on an ad hoc basis, is formalized and given a voice on the Board of Governors. The revised bylaws also include better guidance regarding section lobbying and administrative activities and the sections' rights and duties, particularly in relation to section finances.

Public policy positions: The revised bylaws clarify the meaning of the term "public policy positions" by defining such positions as expressions of opinion concerning changes or proposed changes to laws or rules of the legislative, executive, and judicial branches of government and other positions of public advocacy.

Amicus briefs: The revised bylaws gather all of the requirements for filing an amicus curiae brief in one place and set forth a "streamlined" process that is sensitive to the oftentimes-tight schedule for brief filing.

John Bermingham chaired the committee. Other committee members were Pat Ballman, Michelle Behnke, Milo Flaten, James Jaeger, Gerald Mowris, and Michael Rosenberg.

The current rules and bylaws are published on pages 643 - 654 of the 2004 Wisconsin Lawyer Directory or visit www.wisbar.org/bar/bylaws. The proposed rules are available at www.wisbar.org/bar/bylaws/draft.

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