Court Seeks Input on Proposed Rules for Lawyer Regulation
System
March 23, 2000 - The Wisconsin Supreme Court has
issued a statement regarding potential changes to SCR 21 and 22, which
concern attorney discipline and regulation. The court seeks written
comment on these amendments by May 3.
At its administrative conference in January, the court began
restructuring the Board of Attorneys Professional Responsibility (BAPR),
the supreme court agency that oversees attorney discipline in Wisconsin.
While the court made several concrete decisions at that hearing,
including one to divide the BAPR board's current responsibilities
between two 12-member boards (one of which will determine probable cause
to proceed with a prosecution), no rules were adopted. There are
proposed rules on which the court currently seeks input.
Supreme Court Statement Seeking Comments
The Wisconsin Supreme Court has under consideration proposed rules
governing the lawyer regulation system. The structure of the system was
unanimously adopted by the supreme court. The proposed rules, including
the provisions we call your special attention to, have not been reviewed
or adopted by the supreme court. The court invites comment from
interested persons on those proposed rules.
The proposed rules and a summary of the structure of the system are
available on the court's Web
site or may be obtained from the office of the clerk of the supreme
court.
Attention is directed to the following provisions of the proposed
rules that may merit special attention:
- the probable cause body sits in panels of three rather than as a
whole body;
- the definition of "probable cause";
- the procedure for treating a grievance made against a person working
in the lawyer regulation system; and
- review of dismissals of grievances at request of grievant.
The proposed rules do not include specific provisions in respect to
the "intake" function of the system or to any "diversion" or
"alternatives to discipline" programs and referrals. These matters will
be addressed in rules to be proposed by the interim administrator of
BAPR and presented at a public hearing.
Also not included in the proposed rules is a transitional provision
for review of the operation of the district investigative committees. In
the order adopting the final rules, the Board of Administrative
Oversight will be directed to review the operation and effectiveness of
the district investigative committees within three years and submit a
recommendation for continuing those committees as provided, modifying
them, or terminating them. The order adopting the rules also will make
provision for a formalized orientation of district investigative
committee members and uniform guidelines.
To assist in studying these rules, a chart showing the current rules
in SCR 21 and SCR 22 that correspond to the proposed rules is available
at the Web site
and from the clerk of the supreme court.
Comments will not be accepted via email. Written comment on the
proposed rules may be submitted to the clerk of the supreme court on or
before May 3, 2000, to: Office of the Clerk of the Supreme Court, 110 E.
Main St., Suite 215, P.O. Box 1688, Madison, WI 53701-1688.
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