Supreme Court Orders
The Wisconsin Supreme Court sets a public hearing
for Jan. 16, 2002, to consider: 1) the composition of the State Bar
Board of Governors, and 2) group or prepaid legal service plans. The
court also amends rules relating to the lawyer regulation system.
SBW Board of Governors; Group or Prepaid Legal Service
Plans
In the matter of the amendment of Supreme Court Rules 10.05
and 10.06; and In the matter of the amendment of Supreme Court Rule
11.06(5)
On May 16, 2001, the Board of Governors of the State Bar of Wisconsin
filed two petitions, 01-10 and 01-11, seeking to amend Supreme Court
Rules 10.05 and 10.06 relating to the composition of the board of
governors and SCR 11.06(5) relating to group or prepaid legal service
plans, respectively.
IT IS ORDERED that a public hearing on these petitions shall be held
in the Supreme Court Room in the State Capitol, Madison, Wis., on
Wednesday, Jan. 16, 2002, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in these matters
shall be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petitions in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the date of
the hearing.
Dated at Madison, Wis., this 1st day of Nov., 2001.
By the court:
Cornelia G. Clark, Clerk of Supreme Court
Petition 01-10
To the Justices of the Wisconsin Supreme Court:
The Board of Governors of the State Bar of Wisconsin (Board of
Governors) respectfully submits this petition as follows:
That the provision of the Supreme Court Rules relating to the board
of governors, specifically SCR 10.05(1) and (4) be amended as
follows:
SCR 10.05 Board of Governors
(1) Composition of Board. The affairs of the
association shall be managed and directed by a board of governors
consisting of the 6 officers of the association, all of whom shall be ex
officio members-at-large of the board, not fewer than 34 members elected
from the state bar districts established under sub. (2), one member
selected by the young lawyers division pursuant to its bylaws, one
member selected by the government lawyers division pursuant to its
bylaws, three governors selected by the nonresident lawyers division
pursuant to its bylaws, one governor selected by the senior lawyers
division pursuant to its bylaws, and three nonlawyers appointed by the
supreme court for staggered two-year terms. No person appointed by the
supreme court shall serve more than two consecutive full terms. The
rights and powers of the ex officio members of the board are the same as
those of elected members. All past-presidents of the Wisconsin bar
association or of the state bar of Wisconsin, the Wisconsin state
delegate to the American Bar Association house of delegates and the
deans of the Marquette University and University of Wisconsin law
schools are entitled to floor privileges, but without voting
privileges.
(4) Functions. (b) The board of governors shall meet
at least 4 times a year. Twenty-three Twenty-four members present at any
meeting constitutes a quorum. Special meetings of the board of governors
may be called in accordance with the bylaws.
(k) The board of governors shall establish and maintain a senior
lawyers division. Membership in the division shall be voluntary. Those
eligible for membership in the senior lawyers division shall be any
members of the state bar who are age 60 years or older. The division
shall be governed by bylaws not inconsistent with state bar rules and
bylaws. The division bylaws and amendments thereto become effective upon
approval by the board of governors. The senior lawyers division shall
carry on projects that will stimulate the interest of the senior lawyers
in the objectives and programs of the State Bar of Wisconsin and to
carry on activities which will be of assistance to senior lawyers in the
practice of law.
That the provision of the Supreme Court Rules relating to the
executive committee, specifically SCR 10.06(1) and (3) be amended as
follows:
SCR 10.06 Executive Committee
(1) Members; Selection. The executive committee
consists of the president, the president-elect, the immediate
past-president, the chairperson of the board of governors, one
representative each from the nonresident lawyers division, government
lawyers division, and young lawyers division, and senior lawyers
division selected from their board of governors representatives and 6
additional members elected annually by the board of governors at its
final meeting of the fiscal year. The 6 additional members shall be
elected from among the governors-elect and the current governors who
will serve on the board of governors during the following fiscal year. A
vacancy occurring in the selected membership may be filled by action of
the board of governors.
(3) Meeting; Quorum. The executive
committee shall meet at the call of the president, or at the call of the
executive director upon the written demand of at least 5 6 of its
members. All members shall be given at least 48 hours notice by mail or
telephone of the time and place of any meeting. A majority of all
members constitutes a quorum. No action may be taken by the committee
except upon the concurrence of at least a majority of all members. The
concurrence may be registered by mail, telephone, telefacsimile, or
email.
The undersigned respectfully submits this petition on behalf of the
Board of Governors and prays for an Order accordingly this 16th day of
May 2001.
Gary L. Bakke, President, State Bar of Wisconsin
Petition 01-11
To the Justices of the Wisconsin Supreme Court:
The Board of Governors of the State Bar of Wisconsin (Board of
Governors) respectfully submits this petition as follows:
That the provision of the Supreme Court Rules relating to group or
prepaid legal services plans, specifically SCR 11.06(5) be amended as
follows:
SCR 11.06 Group or prepaid legal services plans
(5) All information filed pursuant to this rule is confidential, if
so requested in writing at the time of filing, except the name of the
plan, the name and address of its sponsoring organization, the fact that
it has an arrangement for the provision of legal services, and the names
of the attorneys providing the services. Plans and required reports
filed pursuant to this rule shall be otherwise open for inspection. All
information is available to authorized representatives of the supreme
court and the state bar for information purposes and for disciplinary
and ethical investigations or proceedings, except as provided in this
rule. The state bar's standing committee on group and prepaid legal
services is further authorized to disclose any information regarding a
plan, its sponsors or its provider attorneys to authorized
representatives of the supreme court and state bar for information
purposes and for disciplinary and ethical investigations. Such committee
shall disclose any information to a government agency providing consumer
protection or law enforcement services when a potential violation of law
should be investigated.
The undersigned respectfully submits this petition on behalf of the
Board of Governors and prays for an Order accordingly this 16th day of
May 2001.
Gary L. Bakke, President, State Bar of Wisconsin
Lawyer Regulation System
In the matter of the Amendment to Supreme Court Rules
relating to the Lawyer Regulation System.
Order 01-12
On Sept. 20, 2001, the court held a public hearing on the petition
filed on June 22, 2001, by the Director of the Office of Lawyer
Regulation seeking to amend the Supreme Court Rules, including rules in
chapters 10, 11, 12, 20, 21, 22, 31, 60, and 62, as they relate to the
Lawyer Regulation System. The court has considered the matters presented
at the public hearing and the materials filed in the matter.
IT IS ORDERED that, effective the date of this order, the Supreme
Court Rules are amended as set forth herein.
IT IS FURTHER ORDERED that the remainder of the petition is held in
abeyance pending further order of this court.
Section 1. 10.03 (5) (a) of the Supreme Court Rules
is amended to read:
10.03 (5) (a) The annual membership dues for state
bar operations for an active member shall be established as provided
herein. Other classes of members shall pay the fraction of the dues of
an active member as follows: Supreme Court Justices, the full amount;
inactive member, one-half; judicial members, two-thirds; and members
admitted to practice three for 3 years or less, one-half. For purposes
of determining an active member's dues status based on the number of
years admitted, there shall be no proration based on the exact month and
year of admission. A fiscal year for which any dues are required to be
paid under Bylaw 1, Section 2 shall count as a full year and a fiscal
year for which no dues payment is required shall not count as a year. A
change in the dues of an active member for state bar operations may be
made by the board of governors or as set forth herein. The state bar
shall include in the dues statement each year the amount necessary to
pay the costs of the Board of Attorneys Professional Responsibility
Lawyer Regulation System and of the continuing legal education functions
of the Board of Bar Examiners as approved by the Supreme Court. Judicial
members other than Supreme Court Justices are not liable to pay the
portion of the annual dues for the costs of these boards. The state bar
shall show separately on its annual dues statement the portion of the
total dues for state bar operations and each of the boards.
Section 2. 11.06 (9) (e) of the Supreme Court Rules
is amended to read:
11.06 (9) (e) An opinion from the professional ethics committee shall
not be a prerequisite to a decision by the special committee on group
and prepaid legal services to file a complaint or report with the board
of attorneys professional responsibility office of lawyer regulation in
a situation in which the committee concludes that such a decision is
warranted.
Section 3. 12.06 (6) of the Supreme Court Rules is
amended to read:
12.06 (6) Access to board of attorneys professional
responsibility office of lawyer regulation files. Notwithstanding other
supreme court rules to the contrary, during the investigation of a claim
the committee or its designee shall have access to the files of the
board of attorneys professional responsibility office of lawyer
regulation which pertain to the alleged loss.
Section 4. 20:1.15 (f) of the Supreme Court Rules is
amended to read:
20:1.15 (f) Upon request of the Board of Attorneys
Professional Responsibility office of lawyer regulation, or upon
direction of the Supreme Court, the records shall be submitted to the
board office for its inspection, audit, use, and evidence under such
conditions to protect the privilege of clients as the court may provide.
The records, or an audit thereof, shall be produced at any disciplinary
proceeding involving the attorney wherever material. Failure to produce
the records shall constitute unprofessional conduct and grounds for
disciplinary action.
Section 5. 20:1.15 (j) of the Supreme Court Rules is
amended to read:
20:1.15 (j) In the event any properly payable
instrument is presented against a lawyer trust account containing
insufficient funds, whether or not the instrument is honored, the
financial institution or investment institution shall, simultaneously
with the customary overdraft notice to the depositor or investor, report
the overdraft to the Board of Attorneys Professional Responsibility
office of lawyer regulation.
Section 6. 20:1.15 (m) of the Supreme Court Rules is
amended to read:
20:1.15 (m) The Board office of lawyer regulation
shall hold each overdraft report for 10 business days or the minimum
time required by the financial institution or investment institution,
whichever is less, to enable the financial institution or investment
institution to withdraw a report provided by inadvertence or mistake,
except that the curing of an insufficiency of available funds by a
lawyer or law firm by the deposit of additional funds does not
constitute reason for withdrawing an overdraft report.
Section 7. 20:7.3 (b) of the Supreme Court Rules is
amended to read:
20:7.3 (b) A written communication under paragraph
par. (a) shall be conspicuously labeled with the word "Advertisement"
and a copy of it shall be filed with the Board of Attorneys Professional
Responsibility office of lawyer regulation within 5 days of its
dissemination.
Section 8. 21.01 (1) (b) of the Supreme Court Rules
is amended to read:
21.01 (1) (b) District investigative committees,
provided in SCR 21.06.
Section 9. 21.03 (6) (k) of the Supreme Court Rules
is amended to read:
21.03 (6) (k) To supervise the district
investigative committees.
Section 10. 21.03 (7) of the Supreme Court Rules is
amended to read:
21.03 (7) The director may refer a matter alleging
attorney misconduct or medical incapacity to a district investigative
committee for investigation.
Section 11. 21.06 (title) of the Supreme Court Rules
is amended to read:
21.06 (title) District investigative
committees.
Section 12. 21.06 (1) of the Supreme Court Rules is
amended to read:
21.06 (1) A district investigative committee in each
of the state bar districts established under SCR 10.05 (2) consists of
lawyers and nonlawyers appointed by the supreme court. The number of
members of each committee shall be in proportion to the geographic and
population size of the district, and to the extent feasible, one-third
of the members shall be nonlawyers. Members serve staggered three-year
3-year terms. A member may serve not more than three 3 consecutive
three-year 3-year terms.
Section 13. 21.06 (2) of the Supreme Court Rules is
amended to read:
21.06 (2) District investigative committees
function under the supervision of the director.
Section 14. 21.06 (3) (intro.) of the Supreme Court
Rules is amended to read:
21.06 (3) (intro.) The duties of a district
investigative committee are:
Section 15. 21.06 (4) of the Supreme Court Rules is
amended to read:
21.06 (4) Each district investigative committee
shall hold regularly scheduled meetings as needed to complete its work
timely. Meetings also may be held at the call of the chairperson. At the
first meeting held each calendar year, the committee shall elect a
chairperson and a vice-chairperson to act in the absence of the
chairperson. A majority of members constitutes a quorum, except that the
chairperson may designate a subcommittee of one or more members to
conduct a preliminary investigation or investigative meeting and prepare
a report and recommendation for consideration and action by the
committee. A subcommittee also may be designated to monitor an
attorney's participation in a diversion from discipline program or
compliance with conditions imposed on the attorney's practice of
law.
Section 16. 21.06 (5) of the Supreme Court Rules is
amended to read:
21.06 (5) The portions of the meetings of a
district investigative committee relating to specific disciplinary
matters are closed. The portions of the meetings relating to other
matters are open.
Section 17. 21.07 (1) of the Supreme Court Rules is
amended to read:
21.07 (1) The 12-member 14-member preliminary review
committee consists of 8 9 lawyers and 4 5 nonlawyers appointed by the
supreme court. Members serve staggered three-year 3-year terms. A member
may serve not more than two 2 consecutive three-year 3-year terms.
Section 18. 21.07 (2) of the Supreme Court Rules is
amended to read:
21.07 (2) The preliminary review committee, having a
quorum of 8 members, is comprised of two six-member 2 7-member panels,
each having four at least 4 lawyers and two 2 nonlawyers and a quorum of
five 4 members. The chairperson of the preliminary review committee
shall designate the members of each panel and shall devise and implement
a rotation system by which each member of the committee serves on each
panel during each three-year 3-year period.
Section 19. 21.11 (2) of the Supreme Court Rules is
amended to read:
21.11 (2) The director shall provide formal training
to the members of the district investigative committees.
Section 20. 21.12 of the Supreme Court Rules is
amended to read:
21.12 Roles of office of lawyer regulation,
grievant, and district investigative committees. In the
investigation process and in the prosecution of complaints alleging
attorney misconduct and petitions alleging attorney medical incapacity,
the director and staff of the office of lawyer regulation and the
district investigative committees do not represent the complaining
person, the attorney against whom a grievance has been made, the bar
generally, or any other person or group. The director, staff and
district investigative committees represent the interests of the supreme
court and the public in the integrity of the lawyer regulation system in
its search for the truth. A grievant is not a party to a misconduct or
medical incapacity proceeding brought by the office of lawyer
regulation.
Section 21. 21.14 (2) of the Supreme Court Rules is
amended to read:
21.14 (2) Allegations of misconduct or malfeasance
against the director, staff, retained counsel, a member of a district
investigative committee, a member of a special investigative panel, a
member of the preliminary review committee, a member of a special
preliminary review panel, a referee, an attorney designated by the
director to monitor an attorney's participation in a diversion from
discipline program or compliance with conditions imposed on the
attorney's practice of law, or a member of the board of administrative
oversight shall be governed by the procedures set forth in SCR
22.25.
Section 22. 21.19 of the Supreme Court Rules is
amended to read:
21.19 Immunity. Communications with
the director or staff, a district investigative committee, a member of a
special investigative panel, retained counsel, the preliminary review
committee, and a special preliminary review panel alleging attorney
misconduct or medical incapacity and testimony given in an investigation
or proceeding under SCR chapter 22 are privileged, and no lawsuit
predicated on those communications may be instituted against any
grievant or witness. The director, staff, members of a district
investigative committee, members of a special investigative panel,
retained counsel, members of the preliminary review committee, members
of a special preliminary review panel, referees, and members of the
board of administrative oversight shall be immune from suit for any
conduct in the course of their official duties.
Section 23. 21.21 of the Supreme Court Rules is
amended to read:
21.21 Cost of lawyer regulation system. The cost of
the office of lawyer regulation, the district investigative committees,
the preliminary review committee, all matters relating to investigation
and prosecution of possible attorney misconduct and medical incapacity,
and the board of administrative oversight shall be paid from the
appropriation provided in Wis. Stat. § 20.680 (3) (h)
(1997-98).
Section 24. 22.001 (6) of the Supreme Court Rules is
amended to read:
22.001 (6) "Grievant" means the person who
presents a grievance, except that a judicial officer or a district
investigative committee who communicates a matter to the office of
lawyer regulation in the course of official duties is not a
grievant.
Section 25. 22.04 (title) of the Supreme Court Rules
is amended to read:
22.04 (title) Referral to district
investigative committee.
Section 26. 22.04 (1) of the Supreme Court Rules is
amended to read:
22.04 (1) The director may refer a matter to a
district investigative committee for assistance in the investigation. A
respondent has the duty to cooperate specified in SCR 21.15 (4) and
22.03 (2) in respect to the investigative district committee. The
committee has the power to subpoena and compel the production of
documents specified in SCR 22.03 (7) and 22.42.
Section 27. 22.04 (3) of the Supreme Court Rules is
amended to read:
22.04 (3) The investigative district committee shall
conduct an investigation and file an investigative report with the
director within 90 days after the date of referral. The investigative
report shall outline the relevant factual allegations and identify
possible misconduct, if any, and may make a recommendation as to the
disposition of the matter. The investigative district committee shall
include in reports to the director all relevant exculpatory and
inculpatory information obtained.
Section 28. 22.25 (1) of the Supreme Court Rules is
amended to read:
22.25 (1) Allegations of misconduct against the
director, a lawyer member of staff, retained counsel, a lawyer member of
a district investigative committee, a lawyer member of the preliminary
review committee, a lawyer member of the board of administrative
oversight, or a referee shall be referred by the director for
investigation to a special investigative panel composed of six lawyers
appointed by the supreme court who are not currently participating in
the lawyer regulation system and are not among the lawyers from whom
retained counsel is selected under SCR 21.05. A matter referred by the
director shall be assigned to a member of the special investigative
panel in rotation.
Section 29. 22.25 (8) of the Supreme Court Rules is
amended to read:
22.25 (8) Allegations of malfeasance against the
director, retained counsel, a member of a district investigative
committee, a member of the preliminary review committee, a member of the
board of administrative oversight, or a referee shall be referred by the
director to the supreme court for appropriate action.
Section 30. 22.40 (1) of the Supreme Court Rules is
amended to read:
22.40 (1) Prior to the filing of a misconduct
complaint, medical incapacity petition or petition for temporary license
suspension, all papers, files, transcripts and communications in any
matter involving the office of lawyer regulation are to be held in
confidence by the office of lawyer regulation, the district
investigative committees, and the preliminary review committee.
Following the filing of a complaint or petition, the proceeding and all
papers filed in it are public, except where expressly provided otherwise
in this chapter or by law.
Section 31. 22.42 (1) of the Supreme Court Rules is
amended to read:
22.42 (1) In any matter under investigation, the
director or district investigative committee may require the attendance
of lawyers, witnesses, and the production of documentary evidence. A
subpoena issued in connection with a confidential investigation must so
indicate on its face. It is not a breach of confidentiality for a person
subpoenaed to consult with an attorney.
Section 32. 31.10 (2) of the Supreme Court Rules is
amended to read:
31.10 (2) If the board believes that a false report
has been filed, the board may refer the matter to the board of attorneys
professional responsibility office of lawyer regulation.
Section 33. 60.01 (1) of the Supreme Court Rules is
amended to read:
60.01 (1) "Appropriate authority" means the chief
judge of an offending judge's district, the director of state courts,
the judicial commission, and the board of attorneys professional
responsibility office of lawyer regulation.
Section 34. 62.01 of the Supreme Court Rules is
amended to read:
62.01 Scope. The uniform standards of courtroom
courtesy and decorum in SCR 62.02, adopted to enhance the administration
of justice by promoting good manners and civility among all who
participate in the administration of justice in Wisconsin, are
applicable to judges, court commissioners, lawyers, court personnel, and
the public in all Wisconsin courts. Notwithstanding SCR 20:8.4 (f), the
standards under SCR 62.02 are not enforceable by the board of attorneys
professional responsibility office of lawyer regulation. Conduct by a
lawyer that violates chapter 20 of the supreme court rules or SCR 40.15
is subject to the authority of the board of attorneys professional
responsibility office of lawyer regulation.
IT IS ORDERED that notice of this amendment of these Supreme Court
Rules be given by a single publication of a copy of this order in the
official state newspaper and in an official publication of the State Bar
of Wisconsin.
Dated at Madison, Wis., this 14th day of Nov., 2001.
By the court:
Cornelia G. Clark, Clerk
Wisconsin Lawyer
