Supreme Court Orders

The Wisconsin Supreme Court will hold public hearings on Oct. 28 regarding the following petition subjects: mandatory municipal judge education; attorney safekeeping of client and third-party property; and election of State Bar Executive Committee members. The hearings will be held at 1:30 p.m. in the Supreme Court Room in the State Capitol, Madison, Wis. The court also has issued an order affecting Bar admission fees.

Mandatory Municipal Judge Education

In the Matter of the Amendment of Supreme Court Rules:
SCR 33.04(2) - Mandatory Municipal Judge Education

Order 98-04

On June 30, 1998, the Municipal Judge Education Committee filed a petition seeking the amendment of SCR 33.04(2) to provide that the specified number of municipal judge education credits to be earned annually may be earned on other than a calendar year basis.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 28, 1998, 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 and of the petition 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 29th day of July, 1998.

By the court:
Marilyn L. Graves, Clerk

Petition

The Municipal Judge Education Committee, established pursuant to SCR 33.03, hereby petitions the Wisconsin Supreme Court to amend SCR 33.04(2) to strike the word "calendar" from that subsection.

As grounds for this request the Committee states the following:

1) Each municipal judge in Wisconsin is required to earn at least 4 credits annually of continuing education. SCR 33.04(2) specifies that the credits be earned in a "calendar year."

2) Municipal Judges begin their terms on May 1 of each year and those terms expire on April 30 of the following year. This applies as well to reserve municipal judges appointed pursuant to § 800.065, Stats.

3) Newly elected judges are required by SCR 33.04(1) to attend an orientation institute which is held each year during the month of May.

4) Given the factors set forth in Paragraphs 2 and 3 above, the Judicial Education Committee believes it desirable that the annual time period for tracking and scheduling education credits begin on May 1st and end on April 30th. The Committee believes this would be accomplished by striking the word "calendar" from the appropriate section.

THEREFORE, the Municipal Judge Education Committee petitions the Wisconsin Supreme Court to amend Supreme Court Rule 33.04(2) by eliminating the reference to a "calendar" year.

Dated this 29th day of June, 1998.

Municipal Judge Education Committee

Bar Admission Fees

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

Order 98-05

The court has considered the request of the Board of Bar Examiners for an increase in the fees established by court rule for bar admission and related matters. The court has determined that the requested increase in fees is appropriate. IT IS ORDERED that, effective Sept. 1, 1998, SCR 40.14(3) is amended to read:

(a) Bar examination fee: $300 $375

(b) Late fee for bar examination: $100

(c) Fee for application for admission on proof of practice elsewhere: $675 $725

(d) Admission fee: $ 50 $ 60

(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 fitness investigation under SCR 40.06(3m): $125 $175

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

IT IS FURTHER ORDERED that notice of this amendment of Supreme Court Rules shall 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 28th day of July, 1998.

By the court:
Marilyn L. Graves, Clerk

Safekeeping Property

In the Matter of the Amendment of Supreme Court Rules:
SCR 20:1.15 - Safekeeping Property

Order 98-06

On July 22, 1998, the Board of Attorneys Professional Responsibility and the Board of Governors of the State Bar of Wisconsin filed a petition seeking the amendment of SCR 20:1.15 to authorize lawyers to maintain trust accounts in savings banks and other investment institutions insured by the Securities Investor Protection Corporation, among other entities, and capable of providing overdraft notification on lawyer trust accounts maintained in the institution.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 28, 1998, 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 and of the petition 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 29th day of July, 1998.

By the court:
Marilyn L. Graves, Clerk

Petition

The Board of Attorneys Professional Responsibility and the Board of Governors of the State Bar of Wisconsin, having voted at their respective June 24, 1998, meetings for additional amendments to SCR 20:1.15, do hereby make this petition to the Supreme Court and propose the following amendments to SCR 20:1.15:

1. SCR 20:1.15(a) is amended to read:

20:1.15(a) A lawyer shall hold in trust, separate from the lawyer's own property, that property of clients and third persons that is in the lawyer's possession in connection with a representation or when acting in a fiduciary capacity. Funds held in connection with a representation or in a fiduciary capacity include funds held as trustee, agent, guardian, personal representative of an estate, or otherwise. All funds of clients paid to a lawyer or law firm shall be deposited in one or more identifiable trust accounts as provided in paragraph (c). The trust account shall be maintained in a bank, savings bank, trust company, credit union, or savings and loan association, or other investment institution authorized to do business and located in Wisconsin. The trust account shall be clearly designated as "Client's Account" or "Trust Account" or words of similar import. No funds belonging to the lawyer or law firm, except funds reasonably sufficient to pay or avoid imposition of account service charges, may be deposited in such an account. Unless the client otherwise directs in writing, securities in bearer form shall be kept by the attorney in a safe deposit box in a bank, savings bank, trust company, credit union, or savings and loan association, or other investment institution authorized to do business and located in Wisconsin. The safe deposit box shall be clearly designated as "Client's Account" or "Trust Account" or words of similar import. Other property of a client or third person shall be identified as such and appropriately safeguarded. If a lawyer also licensed in another state is entrusted with funds or property in connection with an out-of-state representation, this provision shall not supersede the trust account rules of the other state.

2. SCR 20:1.15(c) (intro.) is amended to read:

20:1.15(c)(intro.) Each trust account shall be an account in a bank, savings bank, trust company, credit union, or savings and loan association, or other investment institution selected in the exercise of ordinary prudence and authorized by federal or state law to do business in Wisconsin. The trust account shall be insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, the Wisconsin Credit Union Savings Insurance Corporation, or the Federal Savings and Loan Insurance Corporation Securities Investor Protection Corporation. An interest-bearing trust account shall bear interest at a rate no less than that applicable to individual accounts of the same type, size and duration and in which withdrawals or transfers can be made without delay when funds are required, subject only to any notice period which the depository institution is required to observe by law or regulation. Lawyers and law firms are subject to the following.

3. SCR 20:1.15(h) to (p) are amended to read:

20:1.15(h): In subsections (i) to (p):

(1) "Financial institution" means an institution listed in subs. (a) and (c).

(2) "Investment institution" is defined as an institution, such as a brokerage house, which is capable of providing overdraft notification on lawyer trust accounts maintained in the institution. Funds in investment institutions are insured by the Securities Investor Protection Corporation.

(2) (3) "Properly payable instrument" means an instrument that, if presented in the normal course of business, is in the form requiring payment under the laws of this state.

(i) Lawyer trust accounts shall be maintained only in a financial or investment institution that has agreed to provide the overdraft report under sub. (j).

(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 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.

(k) The overdraft reporting agreement under par. (i) shall provide that all reports made by the financial or investment institution shall be substantially in the following format:

(1) In the case of a dishonored instrument, identical to the overdraft notice customarily forwarded to the depositor or investor and with a copy of the dishonored instrument, if a copy is normally provided to depositor or investor.

(2) In the case of instruments that are presented against insufficient funds and are honored, identification of the financial or investment institution involved, the lawyer or law firm, the account number, the date on which the instrument is paid, and the amount of overdraft created by the payment.

(l) A report made under par. (j) shall be made simultaneously with the overdraft notice given to the depositor or investor.

(m) The Board shall hold each overdraft report for 10 business days or the minimum time required by the financial or investment institution, whichever is less, to enable the financial 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.

(n) Every lawyer practicing or admitted to practice in this state shall comply with the reporting and production requirements of this rule.

(o) This rule does not preclude a financial or investment institution from charging a particular lawyer or law firm for the reasonable costs of producing the reports and records required by this rule.

(p) This rule does not create a claim against a financial or investment institution or its officers, directors, employees, and agents for failure to provide a trust account overdraft report or for compliance with any provision of this rule.

Susan Ross Steingass, President
State Bar of Wisconsin

Sharren B. Rose, Chairperson
Board of Attorneys Professional Responsibility

Election of State Bar Executive Committee Members

In the Matter of the Amendment of Supreme Court Rules:
SCR 10:06(1) - Election of State Bar Executive Committee Members

Order 98-07

On July 24, 1998, the Board of Governors of the State Bar of Wisconsin filed a petition seeking the amendment of SCR 10.06(1) to provide that the four members elected annually to the Executive Committee by the Board of Governors be selected from among the persons who will serve on the Board the following fiscal year.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 28, 1998, 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 and of the petition 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 29th day of July, 1998.

By the court:
Marilyn L. Graves, Clerk

Petition

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 members of the executive committee, specifically SCR 10.06(1) be amended as follows:

SCR 10.06 Executive committee.

(1) Members; selection. The executive committee consists of the president, president-elect, the immediate past-president, the chairperson of the board of governors and 4 additional members elected annually by the board of governors from among its members at its June meeting. The 4 additional members shall be elected from among those governors and governors elect who will serve on the board the following fiscal year. A vacancy occurring in the selected membership may be filled by action of the board of governors.

The undersigned files this petition on behalf of the Board of Governors this 24th day of July and prays for an Order accordingly.

Susan Ross Steingass, President
State Bar of Wisconsin