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    Wisconsin Lawyer
    August 01, 2000

    Wisconsin Lawyer August 2000: Supreme Court Orders 3

     

    Wisconsin Lawyer: August 2000

    Vol. 73, No. 8, August 2000

    Supreme Court Orders


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    COMMENT to Section 809.32: Titles and subtitles were added. Subsection (1) was broken down into paragraphs (a) and (b). Subsection (1)(a) was revised to specify that the no merit procedure applies only to direct appeals. It also requires that the attorney certify in the no merit report that the attorney has discussed the merits of the appeal with the defendant, informed the defendant of the no merit options and procedures, and that the defendant did not consent to closing the file without further representation by the attorney or that the defendant requested the submission of a no merit report.

    Subsection (1)(a) was also amended to allow the attorney to reply to the defendant's response to a no merit report. The rule allows the attorney to file a supplemental no merit report and affidavit(s) disclosing information that is outside the record and relevant to counsel's no merit determination without violating confidentiality rules. The supplemental report and affidavit procedure is in accordance with SCR 20:1.6(c)(1), which allows disclosures of otherwise confidential communications "to rectify the consequences of a client's criminal or fraudulent act in the furtherance of which the lawyer's services had been used;" SCR 20:1.6(c)(2), which allows disclosures "to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client...or to respond to allegations in any proceeding concerning the lawyer's representation of the client;" and SCR 20:3.3, which requires andor toward the tribunal. Service of the response by the clerk on the attorney is necessary to ensure that the attorney receives the defendant's response. Subsection (1)(b) requires the attorney to certify in the no merit report that the attorney discussed with the defendant all potential issues for appeal and the defendant's options.

    The second sentence in sub. (2) is new and requires the attorney to notify the clerk, in the no merit notice of appeal, of the time limit for filing the no merit report and the calculation used to determine that time limit. The fourth sentence in sub. (2) is new and requires the attorney to file a statement on transcript with the clerk but exempts counsel from serving a transcript on other parties. The fifth sentence in sub. (2) requires counsel to serve copies of all other papers on the state.

    Subsection (2)(a) is new and establishes the time limits if a no merit report is not preceded by a postconviction motion. The cross-reference was changed from s. 809.30(2)(g) to (e) because only the original transcript and court record request triggers the 180-day time limit.

    Subsection (2)(b) is new and establishes the time limits if a no merit report follows a postconviction motion.

    The 10-day time limit in sub. (4) was changed to 14 days. Please see the comment to s. 808.07. The time period for filing the petition and supplemental petition may be affected by filing of a motion for reconsideration in the court of appeals. See s. 809.62(8).

    SECTIONS 809.40(1) and (3) of the statutes are amended to read:

    809.40(1) An appeal to the court of appeals from a judgment or order in a misdemeanor case, or a ch. 48, 51, 55 or, 938 or 980 case, or a motion for postconviction relief in a misdemeanor case or any s. 971.17 proceeding must be initiated within the time periods specified in s. 808.04 and is governed by the procedures specified in ss. 809.30 to 809.32.

    (3) Any civil appeal to the court of appeals under sub. (1) or (2) is subject to the docketing statement requirement of s. 809.10(1)(a)(d) and may be eligible for the expedited appeals program in the discretion of the court.

    SECTION 809.40(4) of the statutes is created to read:

    809.40(4) In chapter 48 and 938 cases, an order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of the subject of the petition may be reviewed upon appeal from a judgment even if the judgment was entered upon an admission or a plea of no contest to the petition.

    COMMENT to Section 809.40: Sub. (1) is amended to apply to ch. 980 and s. 971.17 cases. The reference to misdemeanor cases was deleted because it was redundant. No substantive change was intended. Sub. (4) is new and allows suppression issues in chs. 48 and 938 cases to be appealed under the same circumstances available to defendants in criminal cases. See § 971.31(10).

    SECTION 809.41(1), (2) (title), (3) (title) and (4) of the statutes are amended to read:

    809.41(1) (title) Motion for 3-judge panel. If an appellant or a petitioner requesting the court to exercise its supervisory jurisdiction or its original jurisdiction to issue prerogative writs or its appellate jurisdiction to grant petitions for leave to appeal desires the matter to be decided by a 3-judge panel, the appellant or petitioner shall file with the copy of the notice of appeal required by s. 809.10(1)(a) or with the petition requesting the court to exercise its supervisory, original or appellate jurisdiction a motion for a 3-judge panel. Any other party must file a motion under this rule for a 3-judge panel within 10 14 days of service of the notice of appeal or with the response to the petition. The failure to file a motion under this rule waives the right to request the matter to be decided by a 3-judge panel. A motion for a 3-judge panel in a case in which the state is a party shall also be served upon the attorney general. The attorney general may file a response to the motion within 7 11 days of after service.

    (2) (title) Decision on motion for 3-judge panel.

    (3) (title) 3-judge panel on court's own motion.

    (4) (title) Motion for hearing in county of origin. If an appellant desires that the appeal be heard in the county where the case or action originated under s. 752.31(3), the appellant shall file with the copy of the notice of appeal required by s. 809.10(1)(a) a motion requesting a hearing in the county of origin. Any other party must file a motion requesting a hearing in the county of origin within 10 14 days of after service of the notice of appeal. The failure to file a motion under this rule waives the right to request the appeal be heard in the county where the case or action originated.

    COMMENT to Section 809.41: Titles were added. The time limits in sub. (1) and sub. (4) have been changed from 7 to 11 and 10 to 14 days. See the comment to s. 808.07.

    SECTION 809.43(1) and (2) of the statutes are amended to read:

    809.43(1) A person shall who files a brief or appendix 8 10 copies with the court of a brief and appendix in the court of appeals or such other the number as that the court directs, and shall serve 3 copies on each party. If the opposing party is not represented by counsel, only one copy need be served on that party.

    (2) A person who is found indigent under s. 814.29 and files a brief or appendix and who is not represented by counsel shall file the original and 2 copies with the court 3 copies of a brief and appendix in the court of appeals and shall serve one copy on each party. A prisoner who has been granted leave to proceed without prepayment of fees under s. 814.29(1)(m) and who is not represented by counsel shall file 3 copies of a brief or appendix in the court of appeals and shall serve one copy on each party.

    COMMENT to Section 809.43: Subsection (1) was revised to simplify statutory language. The last sentence in sub. (1) is new and reduces the number of copies required for a pro se party. Subsection (2) was revised to simplify the language and to specify that this section applies only to pro se parties.

    SECTION 809.50(1)(intro.), (2) and (3) of the statutes are amended to read:

    809.50(1) (intro.) A person shall seek leave of the court to appeal a judgment or order not appealable as of right under s. 808.03(1) by filing within 10 14 days of after the entry of the judgment or order a petition and supporting memorandum, if any. The petition and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. The petition shall contain:

    (2) An opposing party in the trial court shall file a response with supporting memorandum, if any, within 10 14 days of after the service of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. Costs and fees may be awarded against any party in a petition for leave to appeal proceeding.

    (3) If the court grants leave to appeal, the procedures for appeals from final judgments are applicable to further proceedings in the appeal, except that the .The entry of the order granting leave to appeal has the effect of the filing of a notice of appeal. The court may specify the issue or issues that it will review in the appeal.

    COMMENT to Section 809.50: The time limits in subs. (1) and (2) were changed from 10 to 14 days. Please see the comment to s. 808.07. Subsection (3) specifies that the court may grant discretionary review on specified issues. This rule codifies Fedders v. American Family Mut. Ins. Co., 230 Wis. 2d 577, 601 N.W.2d 861 (Ct. App. 1999), which held a grant of leave to appeal from a non-final order or judgment does not authorize cross-appeals as of right from the same or from another non-final order or judgment; cross-appeals require a separate petition for leave to appeal.

    SECTION 809.51(2) of the statutes is amended to read:

    809.51(2) The court may deny the petition ex parte or may order the respondents to file a response with a supporting memorandum, if any, and may order oral argument on the merits of the petition. The response and memorandum combined may not exceed 35 pages if a monospaced font is used or 8,000 words if a proportional serif font is used. The respondents shall respond with supporting memoranda within 10 14 days of after service of the order. A respondent may file a letter stating that he or she does not intend to file a response, but the petition is not thereby admtted.

    COMMENT to Section 809.51: The time limit in sub. (2) was changed from 10 to 14 days. See the comment to s. 808.07.

    SECTION 809.60(1) and (2) of the statutes are amended to read:

    809.60(1) A party may file with the supreme court a petition to bypass the court of appeals pursuant to s. 808.05 no later than 10 14 days following the filing of the respondent's brief under s. 809.19 or response. The petition must include a statement of reasons for bypassing the court of appeals.

    (2) An opposing party may file a response to the petition within 10 14 days of after the service of the petition.

    COMMENT to Section 809.60: The time limits in subs. (1) and (2) have been changed from 10 to 14 days. Please see the comment to s. 808.07.

    SECTION 809.62(3) and (4) of the statutes are amended to read:

    809.62(3) Except as provided in s. 809.32(4) sub. (8), an opposing party may file a response to the petition within 10 14 days of after the service of the petition.

    (4) The petition for review and response, if any, shall conform to s. 809.19(8)(b) and (d) as to form and certification and, shall be as short as possible but and may not exceed 35 pages in length if a monospaced font is used or 8,000 words if a proportional serif font is used, exclusive of appendix. The petition for review and the response shall have a white cover and a party shall file 10 copies with the clerk.

    SECTION 809.62(8) of the statutes is created to read:

    809.62(8) Filing of a motion for reconsideration pursuant to s. 809.24 in the court of appeals tolls the time for filing and responding to a petition for review pursuant to this section or a petition or supplemental petition pursuant to s. 809.32(4), and stays proceedings on any pending petition for review.

    (a) If the motion for reconsideration is filed before any petition for review, the 30-day time period to file the petition and supplemental petition, if any, starts from the date of filing of the order denying the motion, or the court of appeals' amended decision or order.

    (b) If a motion for reconsideration is filed, no party may thereafter file a petition for review or supplemental petition until the court of appeals files an order denying the motion for reconsideration or an amended order or decision.

    (c) If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition had not expired when the motion for reconsideration was filed, a response to the petition may be filed within 14 days of the order denying the motion for reconsideration.

    (d) If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a supplemental petition pursuant to s. 809.32(4) had not expired when the motion for reconsideration was filed, the supplemental petition may be filed within 14 days of the order denying the motion for reconsideration or the time remaining to file the supplemental petition at the time the motion for reconsideration was filed, whichever is greater.

    (e) If the court of appeals files an amended decision or order in response to the motion for reconsideration, any party who filed a petition for review pursuant to sub. (1) or s. 809.32(4), or a supplemental petition pursuant to s. 809.32(4) prior to filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition or supplemental petition, a notice withdrawing the pending petition or supplemental petition, or an amendment to the petition for review or supplemental petition within 14 days of the date of filing of the court of appeals' amended decision or order. Any other party may file a response within 14 days of filing of the petitioner's notice or amendment.

    COMMENT to Section 809.62: The time limit in sub. (3) has been changed from 10 to 14 days. Please see the comment to s. 808.07. The last sentence of sub. (4) is new and specifies the color of the cover that should accompany a petition for review and the number of copies required.

    Subsection (8) tolls the time for filing or responding to a petition for review in the supreme court while a motion for reconsideration of the same decision or order is pending in the court of appeals, and stays supreme court consideration of the petition for review while the motion for reconsideration is pending. The time frames established for filing a petition, supplemental petition, amendment to a pending petition and response to a petition following resolution of a motion for reconsideration are intended to avoid unnecessary duplication of effort for the parties and the appellate courts, and minimize unnecessary expense. Service requirements of s. 801.14(4) apply.

    SECTION 809.64 of the statutes is amended to read:

    809.64 Rule (Reconsideration) A party may seek reconsideration of the judgment or opinion of the supreme court by filing a motion under s. 809.14 for reconsideration within 20 days of the filing date of the decision of the supreme court.

    COMMENT to Section 809.64: This section has been changed to specify that the time limit for filing motions for reconsideration of supreme court opinions is calculated from the date, not the filing, of the decision.

    SECTION 809.70(2) of the statutes is amended to read:

    809.70(2) The court may deny the petition or may order the respondent to respond and may order oral argument on the question of taking original jurisdiction. The respondent shall file a response, which may be supported by a memorandum, within 10 14 days of after the service of the order.

    COMMENT to Section 809.70: The time limit in sub. (2) was changed from 10 to 14 days. Please see the comment to s. 808.07.

    SECTION 809.80(1) of the statutes is amended to read:

    809.80(1) A person shall file any paper required to be filed by these rules with the clerk of the court, State Capitol, Madison, Wisconsin 53702, unless a different place of filing is expressly required or permitted by statute or rule. The clerk of the court is located at 110 E. Main Street, Madison, WI 53703. The mailing address for the clerk is P.O. Box 1688, Madison, WI 53701-1688.

    SECTION 809.80(3), (4) and (5) of the statutes are created to read:

    809.80(3) Filing of papers; use of mail.

    (a) Filing may be accomplished by any method. Except as provided in par. (b) and (c), filing is not timely unless the clerk receives the papers within the time fixed for filing.

    (b) A brief or appendix is timely filed, however, if on or before the last day for filing, it is:

    (i) deposited in the United States mail for delivery to the clerk by first-class mail, or other class of mail that is at least as expeditious, postage pre-paid; or

    (ii) dispatched to a third-party commercial carrier for delivery to the clerk within 3 calendar days.

    (c) A brief or appendix from a person confined in an institution is timely filed if the brief or appendix is deposited in the institution's internal mailing system on or before the last day for filing. A confined person who mails a brief or appendix under this subsection shall also file a certification or affidavit stating that first-class postage has been pre-paid and setting forth the date on which the document was deposited in the mailing system.

    (4) Filing a petition for review. A petition for review under s. 809.62 is timely filed only if the clerk actually receives the petition within the time fixed for filing.

    (5) Proof of filing date. (a) When a brief or appendix is filed by mail or commercial carrier in accordance with s. 809.80(3)(b), the attorney or person filing the document shall append an affidavit setting forth the date and manner by which the document was mailed or dispatched.

    (b) The date shown on a private postage meter does not establish that the document was mailed on that date.

    COMMENT to Section 809.80: Subsection (1) was amended to provide the correct address of the clerk of the supreme court and court of appeals.

    Subsections (3) through (5) are new, and are taken largely from Federal Rules of Appellate Procedure, Rule 25. Under the former rules, a brief was not filed until it was physically received by the clerk, regardless of when the brief may have been mailed. Because a party outside the Madison area had to allow time for the postal or courier delivery, briefing periods were often adversely affected merely to ensure that a brief was actually received by the clerk before the expiration of the filing deadline.

    Subsection (3)(a) retains the general rule that a document is not filed until it is received by the clerk. However, subsection (3)(b) creates an exception for briefs and appendices that are filed with the clerk. For those documents, a filing will be considered timely if, on or before the deadline, the brief or appendix is either: (a) deposited in the United States mail for delivery by first-class mail, or other class of mail at least as expeditious, postage pre-paid, or (b) dispatched to a commercial delivery service for delivery within 3 calendar days. When a brief or appendix is mailed or sent by commercial courier, subsection (5) requires that the party also file an affidavit of mailing stating the date of mailing or dispatch. Subsection (3)(c) addresses briefs and appendices filed by confined persons. For confined persons, a brief or appendix will be timely filed if, on or before the deadline, the brief or appendix is deposited in the institution's internal mailing system, postage pre-paid. In addition, confined persons are required to include a certification or affidavit stating the date on which the brief or appendix was deposited in the institution's mailing system.

    Rule 809.80(4) reiterates the long-standing rule that a petition for review filed with the clerk of the supreme court must be actually received by the clerk on or before the last day of the filing period. The timely filing of a petition for review is necessary to invoke the supreme court's appellate jurisdiction. See First Wis. Nat'l Bank of Madison v. Nicholaou, 87 Wis. 2d 360, 274 N.W.2d 704 (1979). The exception in sub. (3) does not apply to the filing of a petition for review under s. 809.62. The requirement of service on other parties, found in s. 801.14(4), is not affected by these amendments to s. 809.80.

    SECTION 809.81(2) of the statutes is amended to read:

    809.81 (2) Number of copies. An original and 4 Five copies in the court of appeals, an original and 8 9 copies in the supreme court. A party shall file an original and 2 and 3 copies of a motion filed under s. 809.14 in the court of appeals when if the appeal or other proceeding is one of the types of cases specified in s. 752.31(2).

    SECTION 809.81(8) of the statutes is created to read:

    809.81(8) Confidentiality. Every notice of appeal or other document that is filed in the court and that is required by law to be confidential shall refer to individuals only by their first name and the first initial of their last name.

    COMMENT to Section 809.81: Subsection (2) was amended to eliminate the distinction between "original" and "copy," because current technology produces copies of quality as good as the original. Subsection (8) is new and requires that only the first name and last initial be used in all documents in confidential cases.

    SECTION 809.82(2)(d) is created to read:

    (d) Service of copy. A copy of any motion to enlarge time limits under s. 809.82(2) shall be served on the clerk of the circuit court.

    COMMENT to Section 809.82: Subsection (2)(d) was created to provide notice to the clerk of any motion affecting time limits.

    SECTION 809.83(2) of the statutes is amended to read:

    809.83(2) Noncompliance with rules. Failure of a person to comply with a court order or with a requirement of these rules, other than the timely filing of a notice of appeal or cross-appeal, does not affect the jurisdiction of the court over the appeal but is grounds for dismissal of the appeal, summary reversal, striking of a paper, imposition of a penalty or costs on a party or counsel, or other action as the court considers appropriate.

    COMMENT to section 809.83: Subsection (2) is changed to allow appellate courts to sanction parties who violate court orders.

    Respectfully Submitted:
    Judicial Council
    By James C. Alexander


    Procedure to Suspend Law License for
    Noncompliance of Child and Family Support Orders,
    Subpoenas, Warrants

    In the Matter of the Adoption of a Procedure to Refuse to Grant or to Suspend the License to Practice Law of a Person Certified under Wis. Stat. § 49.857 to be Delinquent in Payment of Support or in Noncompliance with a Support or Paternity Subpoena or Warrant

    Order 00-05

    In 1997, responding to federal legislation that addressed enforcement of child and family support and other payments related to the support of a child or former spouse, the Wisconsin Legislature enacted Wis. Stat. § 49.857 to provide for the denial, nonrenewal, restriction and suspension of licenses of persons certified to be delinquent in making court-ordered payments of support or failing to comply with a subpoena or warrant relating to paternity or support proceedings. That statute provides, in part, that the Wisconsin Department of Workforce Development (DWD) enter into a memorandum of understanding with the Supreme Court, with the court's agreement, that includes, among other things, a procedure by which the court would suspend an attorney's license to practice law or refuse to grant bar admission to an applicant if the attorney or applicant is certified to be delinquent in making court-ordered support payments or failing to comply with a subpoena or warrant.

    The court is considering the advisability of establishing such a procedure by court rule, as well as the underlying issue of whether the relationship between an attorney's delinquency or noncompliance in support matters and the attorney's fitness to practice law is such as to warrant the court's involvement in the matter. If the court determines it advisable to establish a procedure, following is one procedure it is considering, but is not proposing, and on which it is soliciting public comment.

    SECTION 1. 10.03(2) of the supreme court rules be amended to read:

    (2) Enrollment. Every person who becomes licensed to practice law in this state shall enroll in the state bar by registering his or her name and social security number with the association within 10 days after admission to practice. Every change after enrollment in any member's office address or social security number shall be reported promptly to the state bar. The social security number of a person enrolling in the state bar may not be disclosed to any person except the department of workforce development for the purpose of administering s. 49.22, stats.

    SECTION 2. 11.04 (title) and 11.04 of the supreme court rules be created to read:

    11.04 (title) Suspension for nonpayment of support, noncompliance with subpoena or warrant.

    (1) In this rule:

    (a) "Subpoena or warrant" means a subpoena or warrant issued by the department of workforce development or a child support agency and relating to paternity or support proceedings.

    (b) "Support" means child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

    (2) Upon receipt of certification from the department of workforce development pursuant to s. 49.857, stats., that a person licensed to practice law in this state is delinquent in making court-ordered payments of support or is not in compliance with a subpoena or warrant, the supreme court shall suspend the license of that person to practice law for 5 years in the case of delinquency in making court-ordered payments of support or for 6 months in the case of failure to comply with a subpoena or warrant.

    (3) Before entering an order suspending an attorney's license under sub. (2), the supreme court shall issue an order requiring the attorney to show cause why his or her license to practice law should not be suspended.

    (4) A license to practice law suspended under sub. (2) shall be reinstated as follows upon whichever of the following first occurs:

    (a) Automatically upon the expiration of the period for which suspended.

    (b) By order of the supreme court upon notification by the department of workforce development that the attorney has paid the delinquent support or has made satisfactory alternative payment arrangements or has satisfied the requirements under the subpoena or warrant.

    (5) An attorney whose license to practice law is suspended under sub (2) shall comply with the provisions of SCR 22.26.

    SECTION 3. 40.06(4) of the supreme court rules be amended to read:

    (4) The board shall not certify an applicant while an attorney disciplinary matter against the applicant is pending or the applicant is certified by the department of workforce development as delinquent in making court-ordered payments of support or failing to comply with a subpoena or warrant, as those terms are defined in SCR 11.04(1). If an applicant's license to practice law in another jurisdiction is suspended or revoked for reasons related to professional responsibility at the time the application is filed or at any time that the application is pending, the suspension or revocation is a sufficient basis for denial of certification.

    As an alternative to that procedure, the court is considering, but is not proposing, the adoption of a requirement that at the time of application for bar admission and annually on the State Bar of Wisconsin dues statement, each applicant and attorney licensed to practice law in Wisconsin, respectively, certify that he or she is not delinquent in making court-ordered payments of support or in noncompliance with a subpoena or warrant relating to paternity or support proceedings. The failure of an applicant or an attorney to make that certification or the making of a certification that is false would constitute grounds for the denial of bar admission or the suspension of the attorney's license to practice law.

    IT IS ORDERED that a public hearing on this matter shall be held in the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd., Madison, Wis., on Oct. 17, 2000, at 1:30 p.m.

    IT IS FURTHER ORDERED that the court's conference in the matter 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 in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days or less than 30 days before the date of the hearing.

    Dated at Madison, Wis., this 26th day of April, 2000.

    By the court:
    Cornelia G. Clark, Clerk


    Board of Bar Examiners Fees

    In the Matter of Amendment of Supreme Court Rules: SCR 40.14 - Board of Bar Examiners - Fees

    Amended Order 00-08

    On March 31, 2000, the Board of Bar Examiners submitted a proposal for the increase of fees applicable to its responsibilities in matters related to bar admission. The court has considered the budget materials submitted by the board and has determined that the requested increase in fees is necessary and appropriate to maintain the board's operation in matters related to bar admission. The court, on its own motion, adopts the following amendment to Supreme Court Rule 40.14(3).

    IT IS ORDERED that, effective Sept. 1, 2000, 40.14(3) of the Supreme Court Rules is amended to read:

    SCR 40.14 Application; fees.

    (3)  The following fees are payable to the board:

    (a)Bar examination fee, $375 $450

    (b)Late fee for bar examination, $100 $200

    (c)Fee for application for admission on proof of practice elsewhere, $725 $850

    (d)Admission fee, $ 60 $100

    (e)Fee for reinstatement, readmission, late admission on diploma privilege or late enrollment in the bar, $200

    (f)Application fee for change of name, $ 25

    (g)Fee for a character and fitnessinvestigation under SCR 40.06(3m),$175 $210

    (h)Late fee for a character and fitness investigation under SCR 40.06(3m), $ 50 $100

    IT IS FURTHER ORDERED that notice of this amendment of the 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 26th day of June, 2000.

    By the court:
    Cornelia G. Clark, Clerk


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