Figuratively Speaking

News Briefs

Child support liens take effect in October; other enforcement provisions on horizon

By Robert Bondurant

More than $1 billion in past-due child support is owed throughout Wisconsin. 1997 Wis. Act 191, which went into effect May 1, brings the state into compliance with federal mandates to better administer and enforce child support payment collection. The new law directs that past-due support constitutes a lien against all of a delinquent payer's property. These liens can be removed only by paying off the past-due support and must be satisfied when the property is sold.

The Wisconsin Bureau of Child Support is developing a system to maintain a docket of these liens. A child support debt is placed on the docket when it equals or exceeds a certain threshold (to be determined by administrative rule, possibly one full month's debt or $500, whichever is more). The docket, which is delivered electronically to county register of deeds offices statewide, is maintained and updated automatically in the Kids Information Data System (KIDS) database that tracks every child support case in the state. County child support agencies also have access to the docket.

The docket should be complete by Oct. 1, pending the approval of necessary administrative rules and modifications to KIDS.

Those owing past-due child support (the statute of limitations on child support is 20 years after the child reached the age of majority) receive a lien notice after their debt is placed on the docket. If a payer disputes the lien amount, he or she has 10 business days after receiving the notice to request a financial records review by the child support agency in the county or counties in which the lien arose. When a review is requested, the agency must determine within 60 days whether the lien amount is correct. If a payer disagrees with the determination, he or she has five days to request a judicial review, which must be conducted within 15 business days of the request.

If a payer disputes the lien itself, he or she may request a court review within 20 business days of receiving the lien notice.

Lien amounts are reported to credit bureaus as further incentive for delinquent support payers to become current.

Child support liens are part of a series of enforcement provisions mandated by the federal government when the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was passed. Other enforcement provisions of 1997 Wis. Act 191, including freezing bank accounts and suspending driver, professional, and recreational licenses, will be implemented by the year 2000.

For further information, contact Connie Chesnik at the Wisconsin Bureau of Child Support, (608) 267-7295.

Robert Bondurant is a communications specialist with the Wisconsin Bureau of Child Support.

Nominees sought for two annual judicial awards

Each year, the State Bar's Bench Bar Committee recognizes two jurists for their outstanding work and contribution to the profession. The awards - Judge of the Year and Jurist Lifetime Achievement - are designed to honor those jurists whose excellent work otherwise may have gone unnoticed. The Judge of the Year Award began in 1996 and is presented at the Midwinter Convention to a judge who has exceeded the call of judicial office and who has improved the judicial system during the past year.

This judge shows leadership in advancing the quality of justice, judicial education, or innovative programs; is an example of high ideals, personal character, and judicial competence; and is actively involved in community efforts that enhance the judicial system.

Attorney Tim Vocke, cochair of the awards subcommittee, says, "Attorneys get monetary rewards if they do a good job, but the only reward for a great judge is personal satisfaction. The Judge of the Year Award is a way of expressing gratitude for a job well done."

Eau Claire Circuit Court Judge Thomas Barland was named the first Judge of the Year in 1997; Racine County Circuit Court Judge Dennis Barry received the award in 1998.

The Jurist Lifetime Achievement Award, which began in 1997, is presented at the Bar's Annual Convention in June. This award recognizes a jurist with at least 12 years experience as a trial judge who has demonstrated outstanding, long-term judicial service during his or her years as a sitting judge. Hon. John A. Decker became the first recipient of the Jurist Lifetime Achievement Award at this year's Annual Convention.

"When we started the Judge of the Year Award, we got many nominations for judges who had performed spectacularly throughout long careers and who were nearing retirement," Vocke says. "The subcommittee created the Jurist Lifetime Achievement Award to honor and recognize these jurist's distinguished careers."

The deadline for nominations for either award is Oct. 30. For a nomination packet or more information, contact Patricia Morgan at the State Bar at (608) 250-6107, (800) 444-9404, ext. 6107.

Studies reveal progress is still slow for minorities and women in legal profession

Advancement in the legal profession is still difficult for minorities and women according to recent studies by the American Bar Association (ABA) and the National Association for Law Placement (NALP). The ABA study, which was distributed at the organization's annual meeting in Toronto in August, shows that very few minorities hold upper-level legal positions and that more minority women leave the profession than any other group.

The study, entitled "Miles to Go: Progress of Minorities in the Legal Profession," tracks gains by minority law students and entry-level lawyers from 1986 to 1996, and reveals that minority representation in the legal profession rose from approximately 5 percent in 1980 to 7.45 percent in 1990. Of those minorities, 45 percent are African-American, 33 percent Hispanic, 19 percent Asian-American, and 2.5 percent Native American.

Among minority women lawyers, more than 85 percent leave law firms before their seventh year of practice; less than 77 percent of minority men and 75 percent of all associates leave firms in the same amount of time. Many minority women lawyers report feeling typecast into certain practice areas: Asian-Americans do high- tech work; African-Americans do political work. One African-American partner complains, "They expect you to know every black politician in the city and every black businessman in the state."

Minority enrollment in law schools rose considerably - from 10.6 percent in 1986 to almost 20 percent in 1996. Minorities holding associate positions in law firms rose from 5.1 percent in 1986 to 10 percent in 1996.

However, the ABA study found that despite the increase in minorities in the profession, the number of minorities in upper-level positions is still "miniscule," especially in the private sector. Since 1986 the number of minority partners at large law firms nationwide has increased less than 2 percent, and only 0.6 percent since 1991.

Nationwide, the percentage of minority partners has grown from 2.95 in 1996 to 2.97 in 1997. Minorities are more likely to hold government and public interest jobs and less likely to enter private practice, the study shows. Only 42.1 percent of African-Americans enter private practice upon graduation, compared with 57.3 percent of nonminorities.

According to the National Association for Law Placement (NALP), which gathers information on more than 500 (mostly large) law firms nationwide for its annual directory, the percentage of minority and women associates or senior/staff attorneys reflects their representation among recent law school graduates. Approximately two out of five associates and senior/staff attorneys (40.11 percent) are women, while 11.06 percent are minorities. Like the ABA study, NALP also found that minorities account for less than 3 percent of those in upper-level positions.

In addition, NALP performed a parallel analysis of 24 major cities. Among these cities, San Francisco contained the highest number of women and minority attorneys at all levels; minorities accounted for 4.27 percent and women 17.73 percent of partners there. Miami has the highest percentage of minority partners (13.36 percent), while Denver has the most women partners (21.66 percent).

The ABA study is available online in WordPerfect format or through the association at (312) 988-5000. For more information on the NALP findings, contact the association at (202) 667-1667.

Wisconsin Lawyer