Official Notices of Wisconsin Supreme Court and State Bar of Wisconsin Rules and Bylaws

Petition 22-05 In the Matter of Amendment of Supreme Court Rules 20:1.15 and 20:1.0, Relating to Electronic Banking
On July 15, 2022, the Office of Lawyer Regulation (OLR), by its Director Timothy Samuelson, and Trust Account Program Administrator Travis J. Stieren, filed a rule petition asking the court to amend Supreme Court Rule (SCR) 20:1.0 and 20:1.15 to permit electronic transactions in lawyer trust accounts. The OLR explains that Wisconsin is the only state that prohibits electronic transactions in lawyer trust accounts. The OLR asserts that the revisions will permit electronic transactions with sufficient procedural safeguards to protect the public.

Order Issued: March 14, 2023
Disposition: Petition granted with modifications

Petition 20-09A In re Amendment of Wis. Stats. §§ 885.50, 885.52, 885.54, 885.56, 885.58, 885.60, Relating to the Use of Videoconferencing Technology
On January 21, 2022, the Honorable John P. Anderson, Chair, Planning and Policy Advisory Committee (PPAC) Videoconferencing Subcommittee (Subcommittee), filed this amended rule petition asking the court to amend Wis. Stat. §§ 885.50, 885.52, 885.54, 885.56, 885.58, 885.60, relating to the Use of Videoconferencing Technology. At a closed administrative conference, the court voted to solicit written comments and to ask the Subcommittee to address the effect, if any, of 2021 Wis. Act 141 on the pending petition. Letters were sent to interested persons and the Subcommittee on March 14, 2022.

Order Issued: February 28, 2023
Disposition: Petition Denied

Petition 23-02: In the matter of the amendment of SCR 22.19 re: appointment of referees in consensual license revocation cases
The Court, on its own motion, has determined that it is appropriate to amend Supreme Court Rule 22.19, which governs petitions for consensual license revocation. The current rule is unclear as to whether a referee must be appointed when an attorney petitions for consensual license revocation in a pending disciplinary proceeding before the court may consider the petition. The following technical amendment to SCR 22.19 is intended to clarify that a referee need not be appointed in a consensual license revocation matter filed after a disciplinary proceeding is commenced, if a referee has not previously been appointed, before the court may consider the petition. Because this is a ministerial, non-substantive amendment, a public hearing is not required. See S. Ct. IOP IV. A. The court, by its Commissioners, has consulted with the Director of the Office of Lawyer Regulation, Timothy Samuelson, who supports this amendment.

Order Issued: February 22, 2023
Disposition: Petition granted with modifications

Petitions 19-02A and 20-07A In re Interim Court Rule Governing Electronic Filing in the Supreme Court
This matter comes before the Wisconsin Supreme Court upon the court's own motion as part of the phased transition to mandatory electronic filing in Wisconsin's appellate courts. This order expands the eFiling pilot project for the Wisconsin Supreme Court and sets forth a timeline for a phased transition to voluntary and then mandatory eFiling for most cases and proceedings in the supreme court.

Order Issued: February 21, 2023
Disposition: Petition granted

Petition 21-06 In re Amendment of SCR Chapter 68, Relating to Court Security, Facilities, and Staffing
On October 21, 2021, the Honorable Michael Bohren, Chair, on behalf of the Planning and Policy Advisory Committee (PPAC) Court Security Subcommittee filed a rule petition asking the court to update Supreme Court Rule (SCR) Chapter 68 to reflect updated standards for courthouse construction, renovation, technology, and to better define county-level and facility committee's responsibilities. This petition also seeks to clarify the process for collecting data associated with court security threats and incidents.

Order Issued: December 7, 2022
Disposition: Petition granted with minor modifications

IN THE MATTER OF THE TEMPORARY AMENDMENT OF SCRs 31.02 AND 31.05 RELATING TO THE CONTINUING LEGAL EDUCATION REQUIREMENTS: ON-DEMAND CLE PROGRAMMING IN RESPONSE TO COVID-19
On November 2, 2022, the Board of Bar Examiners requested an extension of the January 11, 2022 interim order to allow odd-year reporting attorneys (those whose reporting period ends on December 31, 2023) to claim repeated on-demand CLE credits up to 30 hours through January 31, 2024, due to ongoing concerns with in-person gatherings.

Order Issued: December 1, 2022
Disposition: Denied

Petition 19-05A In re Petition of the OLR Process Review Committee for an order repealing and recreating SCR 22.12 and SCR 22.17, amending SCR 21.09(1), SCR 21.16(2)(c), SCR 22.21(4), SCR 22.22(2)(b), (3)(intro) and (b), and (6), SCR 22.24(1), (1m)(intro)
On March 13, 2019, the Office of Lawyer Regulation (OLR) Procedure Review Committee ("Committee") filed a rule petition asking the court to modify the Supreme Court Rules to afford referees more authority to rule on certain attorney disciplinary matters. The petition was filed on behalf of the Committee by its Chair, the Honorable Gerald P. Ptacek.

Order Issued: November 9, 2022
Disposition: Petition Denied

Petition 19-02B and 20-07B In re Interim Court Rule Governing Electronic Filing in the Supreme Court
This matter comes before the Wisconsin Supreme Court upon the court's own motion as part of the phased transition to electronic filing in Wisconsin's appellate courts.1 This order amends the requirements applicable to signatures on documents filed in the supreme court until mandatory electronic filing begins in the supreme court.

Order Issued: July 7, 2022
Disposition: On its own motion, the Supreme Court modified petitions 19-028 and 20-07B regarding electronic signatures.

Petition 16-05D In re creation of a pilot project for dedicated trial court judicial dockets for large claim business and commercial cases
On February 11, 2022, Attorney Laura A. Brenner, Chair of Wisconsin Business Court Advisory Committee (Committee), filed a rule petition asking the court to extend the court's pilot project for commercial court dockets for large claims business and commercial cases ("pilot project") for an additional two years, and to amend the existing interim rule both to extend the pilot project and to clarify that local input is considered before judges are appointed to the pilot commercial court docket.

Order Issued: June 29, 2022
Disposition: Extension Granted

Petition 22-04 In the Matter of Amendment of Court Rules Governing Private Pay Guardian Ad Litem (GAL) Fees and Liability
On June 13, 2022, Victoria Schiller, a Wisconsin resident, filed an administrative rule petition asking the court to amend Wis. Stat. §§ 757.48 (1) (b), 767.407 (1) (am), 767.407 (4), 767.407 (4m), 767.407 (5), 767.406 (6),1 and 814.615 "in order to shift the generally perceived responsibilities of a guardian ad litem to reflect the legal impacts of the 'ENDING QUALIFIED IMMUNITY ACT.'" She states the petition will improve the lives of the people in the State of Wisconsin affected by guardian ad litem practice.

Order Issued: June 24, 2022
Disposition: Dismissed

Petition 21-04 In the Matter of Amending Wis. Stats. §§ 48.299 and 938.299 Regulating the Use of Restraints on Children in Juvenile Court
On September 14, 2021, the Honorable Laura Crivello, Milwaukee County Circuit Court; the Honorable Ramona A. Gonzalez, LaCrosse County Circuit Court; the Honorable Reverend Everett Mitchell, Dane County Circuit Court; the Honorable Suzanne C. O'Neill, Marathon County Circuit Court; the Honorable Michael A. Schumacher, Eau Claire County Circuit Court; and Attorney Eileen A. Hirsch and Attorney Diane R. Rondini, filed this rule petition. The petition asks the court to create a new Wis. Stat. § 48.299 (2m) in the Children's Code and Wis. Stat. § 938.299 (2m) in the Juvenile Justice Code to create a uniform court procedure regarding the use of restraints on children in court proceedings.

Order Issued: May 2, 2022
Disposition: Petition granted

Petition 21-07 In the Petition to Amend SCR 40.02 Relating to the Qualifications For Admission
On November 2, 2021, Jacquelynn B. Rothstein, Executive Director and General Counsel, on behalf of the Board of Bar Examiners (BBE), filed a rule petition asking the court to amend Supreme Court Rule (SCR) 40.02 to enable qualified individuals for admission to the practice of law in Wisconsin to appear remotely, via audio-visual communications technology, in order to take the Attorney's Oath before a justice of the Wisconsin Supreme Court.1

Order Issued: April 26, 2022
Disposition: Petition granted with modifications

Petition 21-05 In the Matter of the Proposed Amendment to Wis. Stat. § 804.03, Relating to the Remote Administration of Oaths at Depositions
On October 8, 2021, Attorney James D. Rogers, Government Affairs Director, on behalf of the Wisconsin Association for Justice, filed this rule petition. The petition asks the court to amend Wis. Stat. § 804.03 to allow the remote administration of oaths at depositions. The court permitted remote administration of oaths at depositions as a temporary measure during the Covid-19 Pandemic. By order dated October 14, 2021, the court extended the temporary order permitting remote depositions until July 1, 2022. If this practice is to continue long-term, the court needs to formally amend the rule.

Order Issued: April 21, 2022
Disposition: Petition granted

Petition 21-03 In re Amendment Wis. Stat. §§ 753.24, 753.26, 757.12, 757.14, and 757.70 Relating to the Location of Court
On August 31, 2021, the Honorable Randy R. Koschnick, Director of State Courts, filed this rule petition asking the court to amend Wis. Stat. §§ 753.24, 753.26, 757.12, 757.14, and 757.70 relating to the location of court. Consistent with standard practice, the court voted to solicit written comment. Letters were sent to interested persons on December 3, 2021. Comments in support of the petition were received from Cheryl Furstace Daniels, President, State Bar of Wisconsin on behalf of the Board of Governors; the Honorable Maureen D. Boyle, Chief Judge, District 10, Barron County Circuit Court; and Carlo Esqueda, Dane County Clerk of Circuit Court, Chair, Legislative Committee of the Wisconsin Clerks of Circuit Court Association. Comments opposing or expressing concerns about the petition were received from Kelli S. Thompson, Wisconsin State Public Defender; Jonas B. Bednarek, Marcus J. Berghahn, Patrick J. Fiedler, Stephen P. Hurley, David E. Saperstein, Sarah E. Schuchardt and Catherine E. White of Hurley Burish, S.C. The petitioners filed a request to amend the petition on January 25, 2022.

Order Issued: April 21, 2022
Disposition: Petition granted

Petition 21-08 In the matter of Amending Supreme Court Rule 31.01 (11) pertaining to continuing legal education and pro bono legal services
On December 29, 2021, the Honorable Robert J. Collins, II, Oneida Judiciary, filed a rule petition asking the court to amend Supreme Court Rule (SCR) 31.01 (11) to allow tribal courts to appoint attorneys to provide pro bono legal services, and to permit the attorney to claim continuing legal education credits in lieu of monetary payments.

Order Issued: April 20, 2022
Disposition: Petition granted

IN THE MATTER OF THE TEMPORARY AMENDMENT OF SCRs 31.02 AND 31.05 RELATING TO THE CONTINUING LEGAL EDUCATION REQUIREMENTS: ON-DEMAND CLE PROGRAMMING
You are hereby notified that the Court has issued the following interim administrative order, which temporarily extends the court's interim administrative order of January 26, 2021, regarding on-demand CLE programming.

Order Issued: January 11, 2022
Disposition: On-Demand CLE Order Extended

Petition 21-02 In the Matter of Modification of the Process by which Members Quality for Transfer from Inactive to Active Status
On June 8, 2021 the State Bar of Wisconsin's then-President Kathleen A. Brost, then-President-Elect Cheryl F. Daniels, and Past President Jill Kastner, filed this rule petition, asking the court to amend Supreme Court Rule (SCR) 31.06 relating to continuing legal education (CLE) requirements for the transfer from inactive to active membership status.

Order Issued: December 17, 2021
Disposition: Modified petition granted

IN RE THE MATTER OF ADMISSION TO THE BAR
You are hereby notified that the Court has issued the following interim administrative order, which temporarily extends the court's interim administrative order of May 28, 2021, regarding an alternative procedure for admission to the bar of this state:

Order Issued: October 18, 2021
Disposition: Administrative order shall expire at 5:00 p.m. on June 30, 2022

IN RE THE MATTER OF THE REMOTE ADMINISTRATION OF OATHS AT DEPOSITIONS VIA REMOTE AUDIO-VISUAL EQUIPMENT
You are hereby notified that the Court has issued the following interim administrative order, which temporarily extends the Court's interim administrative order of June 18, 2021 regarding the remote administration of oaths at depositions via remote audio

Order Issued: October 14, 2021
Disposition: Interim order will expire July 1, 2022

Petition 21-01 In the Matter of the Amendment of Supreme Court Rules 20:1.0 and SCR 20:1.10
On May 25, 2021, Ben Kempinen, Chair of the State Bar of Wisconsin Standing Committee on Professional Ethics, and Kelli Sue Thompson, Wisconsin State Public Defender, filed this rule petition, asking the court to amend Supreme Court Rule (SCR) 20:1.0 and SCR 20:1.10 to clarify that conflicts of interest involving public defenders should be controlled by SCR 20:1.10 rather than SCR 20:1.11.

Order Issued: October 6, 2021
Disposition: Petition granted

IN RE THE MATTER OF APPELLATE COURT OPERATIONS
You are hereby notified that the Court has issued the following order, which terminates and supersedes those portions of the Court's order of May 22, 2020 regarding appellate court operations during the COVID-19 pandemic

Order Issued: June 18, 2021
Disposition: The Court adopted upon its own motion.

IN RE THE MATTER OF REMOTE HEARINGS IN APPELLATE COURTS
You are hereby notified that the Court has issued the following interim order, which terminates and supersedes those portions of the Court's order of May 22, 2020 regarding remote hearings in the appellate courts during the COVID-19 pandemic:

Order Issued: June 18, 2021
Disposition: The Court adopted upon its own motion.

IN RE THE MATTER OF THE REMOTE ADMINISTRATION OF OATHS AT DEPOSITIONS VIA REMOTE AUDIO-VISUAL EQUIPMENT
You are hereby notified that the Court has issued the following interim order, which terminates and supersedes those portions of the Court's order of May 22, 2020 regarding the remote administration of oaths at depositions via remote audio-visual equipment during the COVID-19 pandemic:

Order Issued: June 18, 2021
Disposition: The Court adopted upon its own motion.

IN RE THE MATTER OF THE FILING OF COURT DOCUMENTS IN CIRCUIT AND APPELLATE COURTS (TEMPORARY MAILBOX RULE)
You are hereby notified that the Court has issued the following order, which terminates and supersedes those portions of the Court's orders of May 22, 2020 regarding the filing of documents in the circuit courts and appellate courts during the COVID-19 pandemic:

Order Issued: June 18, 2021
Disposition: The Court adopted upon its own motion.

Petitions 19-02A and 20-07A In re Interim Court Rule Governing Electronic Filing in the Supreme Court
This matter comes before the Wisconsin Supreme Court upon the court's own motion as part of the phased transition to electronic filing in Wisconsin's appellate courts. This order sets forth the requirements applicable to filing documents in the supreme court, beginning July 1, 2021, and continuing until mandatory electronic filing begins in the supreme court.

Order Issued: June 15, 2021
Disposition: Court adopted modified an earlier order related to electronic filing in the Supreme Court.

Petition 20-09 In re Amendment of SCR 70.19, Wis. Stats. §§ 753.24, 753.26, 757.12, 757.14, 757.70, 807.14, 885.52, 885.54, 885.56, 885.58, 885.60, 967.09, and 971.04 Relating to the Location of Court and the Use of Videoconferencing Technology
On December 11, 2020, the Honorable Randy R. Koschnick, Director of State Courts, filed this rule petition, asking the court to amend Supreme Court Rule (SCR) 70.19, Wis. Stats. §§ 753.24, 753.26, 757.12, 757.14, 757.70, 807.14, 885.52, 885.54, 885.56, 885.58, 885.60, 967.09, and 971.04 pertaining to the location of court and to the use of videoconferencing technology.

Order Issued: June 1, 2021
Disposition: Returned to petitioner without action

IN RE THE MATTER OF ADMISSION TO THE BAR
You are hereby notified that the Court has issued the following interim order, which terminates and supersedes the court's order of March 25, 2020, regarding an alternative procedure for admission to the bar of this state during the Covid-19 Pandemic:

Order Issued: May 28, 2021
Disposition: Interim order will expire December 1, 2021

IN RE THE MATTER OF ATTORNEY REGULATORY MATTERS
You are hereby notified that the Court has issued the following interim order, which terminates and supersedes the Court's order of June 8, 2020, regarding the resumption of in-person proceedings in attorney regulatory matters.

Order Issued: May 26, 2021
Disposition: Interim order will expire December 1, 2021

IN RE THE MATTER OF LEGAL ACTION OF WISCONSIN, INC.'S REQUEST FOR AN EVICTION MORATORIUM
You are hereby notified that the Court has issued the following order: On May 12, 2021, Legal Action of Wisconsin, Inc. ("Legal Action") sent the court a letter asking that the court either: "1) enter an immediate, temporary order placing a moratorium on eviction actions in residential tenancies through June 30, 2021, due to the COVID-19 pandemic and the legal uncertainties surrounding the federal eviction moratorium; or 2) enter an immediate, temporary order placing a moratorium on any circuit court issuing a writ of restitution in residential eviction actions through June 30, 2021."

Order Issued: May 21, 2021
Disposition: Request denied

Petition 20-03 In re Petition for Proposed Rule to Amend Wis. Stat. § 809.70 (Relating to Redistricting)
On June 3, 2020, Attorney Richard M. Esenberg, Brian McGrath, and Anthony F. LoCoco, on behalf of Scott Jensen and the Wisconsin Institute for Law and Liberty (WILL), filed a rule petition asking the court to amend the "original action" rule, Wis. Stat. § 809.70, to create a procedural mechanism for the court to consider anticipated legal challenges to redistricting plans.1

Order Issued: May 14, 2021
Disposition: Petition denied

Petition 13-11D In the matter of the amendment to the Comment to Supreme Court Rule 10.03(4)(b)2 Relating to pro hac vice applications
This matter comes before the Wisconsin Supreme Court upon the court's own motion, and pertains to the reallocation of fees received for applications for admission pro hac vice. Currently, an applicant for admission pro hac vice in Wisconsin is required to pay a $250 fee established in Supreme Court Rule (SCR) 10.03(4)(b)2. The fee is paid to the State Bar of Wisconsin ("State Bar"). The State Bar administers and allocates the fees according to the terms of a Memorandum of Understanding between the State Bar of Wisconsin and the recipients of those funds, as approved by the court. Currently, the fees are distributed as follows: $50 to the Office of Lawyer Regulation, $100 to Wisconsin Trust Account Foundation, Inc., and $100 to the Wisconsin Access to Justice Commission. See S. Ct. Order 13-11B, 2019 WI 52 (issued May 16, 2019, eff. July 1, 2019); S. Ct. Order 13-11C (issued July 1, 2019).

Order Issued: May 4, 2021
Disposition: On its own motion, the Court’s petition is granted.

Petition 20-07 In re Petition for the Creation of Court Rules Governing Electronic Filing in the Court of Appeals and Supreme Court and Amendments to Circuit Court Electronic Filings
On November 11, 2020, Sheila T. Reiff, Clerk of Supreme Court and Court of Appeals, on behalf of the Appellate eFiling Committee, filed a rule petition asking the court to approve the use of an expanded electronic filing system for the appellate courts and to amend the rules of appellate procedure in order to implement the system, along with certain amendments related to the circuit court electronic filing rule.

Order Issued: April 23, 2021
Disposition: Petition granted

Petition 20-08 In the Matter of Amending Supreme Court Rule 72.01 (intro), (1), (8), (11), (12), (13), (14), (15), (16), (17), (17g), (18), (19), (20), (20g), (24), (24a), (24m), (26), (26m), (29), (32), (38), (42), (42m), (47) and 72.03(4), Renumbering
On December 10, 2020, the Honorable Kevin Martens, on behalf of the Director of State Courts' Records Management Retention Subcommittee (Committee), filed this rule petition, asking the court to amend sections of Supreme Court Rule (SCR) 72.01 and SCR 72.03 to alter certain retention periods for various types of records.

Order Issued: April 13, 2021
Disposition: Petition granted

Petition 20-05 In the Matter of the Proposed Amendment of Wisconsin Statute § 809.85, Relating to the Pro Hac Vice Admission, Substitution, and Withdrawal of Retained Counsel in Appellate Court Proceedings
On October 14, 2020, the Wisconsin Judicial Council, by its Chair and Acting Secretary, Attorney William C. Gleisner, III, filed a rule petition asking the court to amend Wis. Stat. § (Rule) 809.85 to establish a procedure to govern pro hac vice admission, substitution, and withdrawal of retained counsel in appellate court proceedings.

Order Issued: March 9, 2021
Disposition: Adopted as amended

Petition 19-25 In the Matter of the Petition to Amend Supreme Court Rule (SCR) 12.07(2)(a), Relating to the Annual Assessment of Attorneys for the Wisconsin Lawyers' Fund for Client Protection
On December 23, 2019, Attorney Benjamin T. Kurten, on behalf of the Wisconsin Lawyers' Fund for Client Protection ("the Fund"), filed a rule petition asking the court to amend Supreme Court Rule (SCR) 12.07(2)(a) to increase the annual assessment of attorneys for the Fund to provide sufficient income for payment of eligible claims.

Order Issued: March 8, 2021
Disposition: Adopted as amended

Petition 19-23 In re Amendment of SCR 60.04, Relating to Performing the Duties of Judicial Office Impartially and Diligently. (Amendment of SCR 60.04)
On November 25, 2019 the Honorable D. Todd Ehlers, on behalf of the Judicial Conduct Advisory Committee (JCAC) filed this rule petition proposing changes to the Wisconsin Code of Judicial Conduct, Supreme Court Rule (SCR) 60.04. The petition was filed at the behest of the Committee of Chief Judges Municipal Court Subcommittee, which was tasked with conducting a review of the statutes and SCRs related to municipal courts and the role of chief judges and district court administrators in the administration of municipal courts.1

Order Issued: March 3, 2021
Disposition: Petition denied

Petition 20-04 In the Matter of the Petition to Repeal and Recreate Supreme Court Rule (SCR) Chapter 50, Regarding the Practical Training of Law Students (Student Practice Petition)
On July 28, 2020, Attorney Daniel J. Hoff, President, Wisconsin Access to Justice Commission (WATJC), filed a rule petition asking the court to repeal and recreate Supreme Court Rule (SCR) Chapter 50 relating to the practical training of law students.

Order Issued: March 2, 2021
Disposition: Supreme Court Rule Chapter 50 is repealed and recreated

Petition 20-06 In the Matter of the Emeritus Status, Penalties for Late Payment of Dues and Fees, Technical Corrections, and Continuing Education Requirements
On October 19, 2020, Attorney Kathleen A. Brost, President, State Bar of Wisconsin, filed a rule petition asking the court to modify Supreme Court Rule (SCR) 10.03 to clarify who is an active or inactive emeritus lawyer and to clarify the scope of permitted practice for the various members. The petition would also modify SCR 31.02 pertaining to continuing legal education (CLE) requirements for emeritus lawyers.

Order Issued: March 2, 2021
Disposition: Adopted as amended