Supreme Court Orders
The Wisconsin Supreme Court has amended its internal operating
procedures, creating an independent Appointment Selection Committee.
Appointment
Process
In the Matter of the Amendment of the Supreme Court Internal
Operating Procedures
Order 00-03
The Wisconsin Supreme Court, on its own motion, has considered
the advisability of amending its Internal Operating Procedures
to provide for a committee independent of the court to assist
the court in making appointments to various boards, committees,
and other entities.
IT IS ORDERED that, effective the date of this order, Supreme
Court Internal Operating Procedure IV is created to read:
IV. Appointment Process
The Wisconsin Supreme Court, pursuant to statutory authority
and the court's rules, regularly appoints lawyers and nonlawyer
members of the public to various boards, committees, and other
entities. In making those appointments, it is the court's
objective to maximize the participation of lawyers and the public
in the work of those entities. To avoid the appearance of favoritism
or patronage in the appointment process, the court has created
a committee independent of the court to assist in the process.
The Appointment Selection Committee solicits and evaluates persons
for appointment and nominates for the court's consideration
the persons it determines are best qualified to serve. In evaluating
the qualifications of persons interested in appointment, the
Appointment Selection Committee applies the criteria established
by the court for each of the entities to which appointment is
made.
In order to ensure the integrity of the appointment process
and avoid any perception that individual members of the court
are interested or involved in the selection of specific individuals
to be nominated by the committee for appointment, the Appointment
Selection Committee itself is not appointed by the court but
by persons - lawyers and members of the public - designated
not by name but by positions held in organizations related to
the bar and state government. In this way, any perception that
an individual member of the court is in a position to exert influence
over any member of the Appointment Selection Committee or any
of its decisions is obviated. No member of the court participates
in the appointment process until after the Appointment Selection
Committee has submitted nominations for specific appointment.
In making appointments, the court's objective is to provide
quality and promote diversity on the boards, committees, and
other entities. The appointment procedure established by the
court is designed to produce appointments based solely on the
qualities of integrity, intelligence, experience, and commitment.
A. Appointment Selection Committee
The Appointment Selection Committee (committee) consists of
the following 12 persons:
One attorney from the Milwaukee metropolitan area selected
by the dean of the Marquette University Law School.
One attorney from outside the Milwaukee metropolitan area
selected by the dean of the University of Wisconsin Law School.
The president of a county bar association located within the
Eastern District of Wisconsin chosen by the court by lot, or
his or her designee.
The president of a county bar association located within the
Western District of Wisconsin chosen by the court by lot, or
his or her designee.
The chair of the Family Law Section of the State Bar of Wisconsin,
or his or her designee.
The chair of the General Practice Section of the State Bar
of Wisconsin, or his or her designee.
The president of the Government Lawyers Division of the State
Bar of Wisconsin, or his or her designee.
One former member of the Board of Attorneys Professional Responsibility
or the Board of Bar Examiners who has not served within the preceding
five years, chosen by the court by lot.
The chair of one of the district professional responsibility
committees provided in SCR 21.08, chosen by the court by lot.
One nonlawyer member of the public designated by the Senate
Co-chair of the Legislative Council.
One nonlawyer member of the public designated by the Assembly
Co-chair of the Legislative Council.
One nonlawyer member of the public designated by the chair
of the State Ethics Board.
To be eligible to serve on the Appointment Selection Committee,
a lawyer must have practiced law for more than five years.
The term of a member is three years; the terms of the initial
members are staggered by the court by lot to provide for the
expiration of four members' terms each year.
Vacancies on the Appointment Selection Committee are filled
by the persons identified above, respectively. Where the person
is specified to be chosen by lot, a person is chosen by lot each
time there is a vacancy in that position.
The committee selects its chair at the first meeting of each
calendar year. Staff support is provided to the committee by
a supreme court commissioner.
B. Meetings
The committee meets at such times as considered necessary
by its chair. The meetings are held at locations throughout the
state so as to enable the greatest number of members to participate.
C. Nomination Procedure
1. Notice of Vacancy. Each board, committee, and other
entity to which the supreme court makes appointment of lawyers
and nonlawyer members of the public notifies the clerk of the
court as soon as practicable of appointments that need to be
made. The clerk of the court notifies the committee chair of
those appointments.
2. Information to and Solicitation of Interested Persons.
In addition to the information disseminated by the court regarding
the appointment of lawyers and nonlawyer members of the public,
the committee publicizes the appointments to be made by such
means as, in the committee's discretion, will provide notice
to the greatest number of persons likely to be interested in
being appointed. To the extent it deems necessary, the committee
conducts in person information and solicitation sessions at locations
throughout the state likely to produce qualified persons interested
in being appointed.
3. Resumes; Interviews. The committee invites persons
interested in being appointed to submit a written resume of their
qualifications. The committee may personally interview those
persons whose resumes demonstrate qualifications that appear
to warrant a personal, confidential interview before the full
committee or any number of its members the committee may designate.
4. Nomination. Not less than 30 days prior to the expiration
of a term or other applicable date that requires an appointment
by the supreme court, the committee submits to the supreme court
the names of the persons, not less than two, it nominates for
appointment. If more than one position on a particular board,
committee, or other entity is to be filled by appointment at
the same time, the committee, in its discretion, may submit the
number of names it considers appropriate for appointment to the
positions generally or in respect to each position separately.
Together with the nominations, the committee submits to the court
the resumes and other material it has considered regarding the
persons nominated. The court may ask the committee to submit
additional nominations.
5. Reappointment. When a member of a board, committee,
or other entity is eligible for reappointment to a successive
term, the committee ascertains whether the member regularly attended
meetings of the board, committee, or other entity, made significant
contribution to its work, and is willing to accept reappointment.
If the member's participation has been satisfactory and
the member is willing to accept reappointment, and the committee
nominates the member for reappointment to a successive term,
it is unnecessary for the committee to nominate other persons
for appointment to the position. If the member's participation
has been unsatisfactory or the member is not willing to accept
reappointment, the committee proceeds as in the case of an appointment.
6. Criteria. In determining the qualifications of persons
for appointment, the committee applies the criteria for the specific
position established by the court from time to time and provided
to the committee in writing. The committee may, with the approval
of the court, apply additional specific criteria.
D. Reimbursement
Members of the committee are reimbursed for travel, lodging,
and related expenses reasonably incurred in carrying out their
duties.
IT IS FURTHER ORDERED that notice of this amendment of the
Supreme Court Internal Operating Procedures be given 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 16th day of March, 2000.
By the court:
Cornelia Clark
Acting Clerk
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