Supreme Court creates new lawyer discipline system
June 1, 2000
On May 22, 2000, the Wisconsin Supreme Court created a new lawyer
discipline system to replace the Board of Attorneys Professional
Responsibility (BAPR).
Supreme Court Rules Chapters 21 and 22, which describe the system for
regulating the practice of law in Wisconsin, were redrafted at the
request of the justices after they reached agreement in January 2000 on
a tentative new framework for lawyer discipline. While they were still
in draft form, the rules were released for review and comment by the
public.
The new rules do not yet include specific provisions for alternative
programs to be used in appropriate cases. The Court will address these
matters at a public hearing on Sept. 12, 2000, on rules proposed by BAPR
Interim Administrator James L. Martin.
The Court plans to have the new rules take effect on Sept. 1, 2000,
to receive written comments in March 2001, and to hold a public hearing
on these rules in April 2001.
Lawyers and non-lawyers interested in serving on the bodies described
in this article should send a letter and resume to: Cornelia Clark,
Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701-1688, or
fax to Ms. Clark's attention at: (608) 267-0640 or email. Positions are
filled on a continual basis and resumes will be kept on file for
consideration for future opportunities.
New Lawyer Regulation Framework
The new framework for attorney discipline will divide the
responsibilities of the previous lawyer discipline board-BAPR-between
two 12-person bodies, called the Preliminary Review Committee and the
Board of Administrative Oversight. The diagram below outlines the new
framework of the lawyer regulation system.
Office of Lawyer Regulation: The office will be
responsible for screening, investigating, and prosecuting cases. The
director, appointed by and serving at the pleasure of the Court, will
investigate attorney misconduct and medical incapacity allegations and
present results to the Preliminary Review Committee. The Office of
Lawyer Regulation will consist of the director, intake and investigative
staff, staff counsel and retained counsel.
Board of Administrative Oversight: A 12-person board
composed of eight lawyers and four non-lawyers appointed by the Supreme
Court will likely meet four to six times per year. It will monitor the
fairness, effectiveness and efficiency of the attorney regulation system
and will propose substantive and procedural rules related to the system
for consideration by the Court. The Board also will review the operation
of the district committees after three years and submit a recommendation
to the Supreme Court concerning their continuation or modification.
District Investigative Committees: Sixteen
Court-appointed committees, each composed of one-third non-lawyers, will
assist in the investigation of certain cases. Investigations are to be
completed within 90 days. Members of the District Investigative
Committees will be given a formal orientation and supplied with
guidelines to follow to ensure uniformity across the state.
Preliminary Review Committee: A 12-person committee
made up of eight lawyers and four non-lawyers appointed by the Supreme
Court will meet in panels of six approximately four to six times per
year to review investigations and determine whether there is cause for
the director to file a complaint with the Supreme Court.
Referee: A court-appointed attorney or reserve judge
hears the discipline cases and makes disciplinary recommendations to the
Supreme Court and approves the issuance of certain private and public
reprimands.
Intake Process: BAPR Interim Administrator James L.
Martin has proposed rules for the use of alternative programs in certain
cases.
