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    Wisconsin Lawyer
    May 01, 2001

    Wisconsin Lawyer May 2001: Supreme Court Orders

    Supreme Court Orders


    The Wisconsin Supreme Court has amended and created various Supreme Court Rules to suspend law licenses or refuse bar admission if the attorney or applicant is delinquent in making court-ordered support payments or fails to comply with a paternity subpoena or warrant. The court has amended the rules of civil procedure: Wis. Stat. section 801.16(2) to allow for the filing of papers by facsimile transmission. The court also has amended SCR 60.05(8), 60.07(2), 70.36(5), and 75.02(1) regarding court commissioners. The court has denied the petition to adopt rules for a mandatory fee arbitration system. Finally, the court has amended SCR 70.15(1) setting forth the membership of the Judicial Conference.


    Procedure to Suspend Law License for Noncompliance of Child and Family Support Orders or Paternity Subpoena

    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. section 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 enter into a memorandum of understanding with the Wisconsin 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, on its own motion, after consideration of the matter at a public hearing and open administrative conference on Oct. 17, 2000, and an open administrative conference on March 7, 2001, has deemed it advisable to amend and create various Supreme Court Rules to accomplish this purpose.

         IT IS ORDERED that, effective the date of this order, the following Rules be amended or created as indicated:
         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 or entity except the supreme court and its agencies, or as otherwise provided by supreme court rules.

         SECTION 2. 11.04 of the supreme court rules be created to read:
         11.04 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 support as defined in 42 United States Code section 654(4)B.
          (2) Upon receipt of certification from the department of workforce development pursuant to section 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 may suspend the license of that person to practice law for up to 5 years in the case of delinquency in making court-ordered payments of support or for up to 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. The supreme court may inquire into the reasons for the delinquency or any other matters the court considers appropriate. The court may enter such orders as it deems appropriate.
          (4) The supreme court may return the certification to the department of workforce development upon a showing by the attorney that the department failed to provide notice of its intent to seek license suspension and that, as a result, the attorney was not aware of the right to a hearing as provided by section 49.857, stats., or has not had a reasonable opportunity to pay the delinquency or resolve the noncompliance with the subpoena or warrant.
          (5) 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.
          (6) An attorney whose license to practice law is suspended under sub. (2) shall comply with the provisions of SCR 22.26.
         (7) The supreme court may disclose the social security number of a member of the state bar to the department of workforce development for the purpose of administering s. 49.22.

    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.

         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 10th day of April, 2001.

    By the court:
    Cornelia G. Clark, Clerk of Court


    Filing Papers by Fax

    In the Matter of the Amendment of the Rules of Civil Procedure: Wis. Stat. § 801.16(2) - Filing of Papers by Facsimile Transmission

    Order 00-09

    On Jan. 16, 2001, the court held a public hearing on a petition filed on Aug. 31, 2000, by the Director of State Courts on the recommendation of the Committee of Chief Judges and District Court Administrators requesting the amendment of Wis. Stat. section 801.16(2) to provide the maximum length of a facsimile transmission to be 15 pages, unless exception is granted, and to clarify that papers filed by facsimile transmission constitute the official record. The court has considered the matters presented at the public hearing.

         IT IS ORDERED that, pursuant to Wis. Stat. section 751.12 and effective July 1, 2001, section 801.16 (2) (a), (b), and (c) of the statutes are amended to read:

          801.16 (2) (a) A court may adopt a local rule, if it is approved by the chief judge, that requires the use of a plain-paper facsimile machine and permits the filing of those papers by facsimile transmission to with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the court. To provide uniformity, any local rule shall specify a 15-page limit for a facsimile transmission, unless an exception is approved by the assigned judge or court commissioner on a case-by-case basis.
          (b) If no rule has been adopted under par. (a), a the assigned judge or court commissioner may permit a party or attorney in a specific matter to file those papers with the clerk of circuit court by facsimile transmission to a plain-paper facsimile machine at a telephone number designated by the assigned judge or court commissioner.
          (c) The If the facsimile transmission exceeds 15 pages or is filed in the absence of a local rule, the party or attorney, by filing papers by facsimile transmission, certifies that permission of the shall certify that the assigned judge or court for filing by facsimile transmission has been granted commissioner has approved the facsimile transmission.
         (f) Papers filed by facsimile transmission are considered filed when transmitted except that papers filed by facsimile trans-mission completed after regular business hours of the clerk of circuit court's office are considered filed the next business day.

         IT IS FURTHER ORDERED that, pursuant to Wis. Stat. section 751.12 and effective July 1, 2001, section 801.16 (2) (d) and (e) of the statutes are created to read:
         (d) If papers are transmitted to a plain-paper facsimile machine of a noncourt agency, party, or company for the receipt, transmittal, and delivery to the clerk of circuit court, the clerk of circuit court shall accept the papers for filing only if the transmission complies with the local rule or has been approved by the assigned judge or court commissioner and certified by the party or attorney.
         (e) Facsimile papers are considered filed upon receipt by the clerk of circuit court and are the official record of the court and may not be substituted. No additional copies may be sent. The clerk of circuit court shall discard any duplicate papers subsequently received by the clerk of circuit court, assigned judge, or court commissioner.

         IT IS ORDERED that notice of these amendments to Wis. Stat. section 801.16 (2) 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 3rd day of April, 2001.

    By the court:
    Cornelia G. Clark, Clerk of Court


    Court Commissioners

    In the Matter of Implementation of SCR 75, regarding Court Commissioners

    Order 00-12

    On March 13, 2001, the court held a public hearing on the petition filed on Sept. 15, 2000, by the Director of State Courts on the recommendation of the Committee of Chief Judges and District Court Administrators. The petitioners request amendment of the Supreme Court Rules to require a statement of economic interest from all circuit court commissioners and from authorized supplemental court commissioners who have performed at least 40 hours of circuit court commissioner duties in the preceding year, to omit the requirement that court commissioners file a monthly certification of pending cases, and to clarify the legal experience required for appointment as a court commissioner.

         IT IS ORDERED that, effective the date of this order, the Supreme Court Rules 60.05 (8), 60.07 (2), 70.36 (5), and 75.02 (1) are amended as follows:

         SECTION 1. 60.05 (8) (b) of the Supreme Court Rules is amended to read:
         60.05 (8) (b) Financial Reports reports. Except as provided in SCR 60.07, a judge shall file with the ethics board a timely financial report as required by section 19.43 of the statutes. The report shall also be filed by commissioners of the supreme court, staff attorneys of the court of appeals, the director of state courts, members of the board of attorneys professional responsibility board of administrative oversight and preliminary review committees, and members of the board of bar examiners.

    Comment: The chapter does not prohibit a judge from accepting honoraria or speaking fees provided that the compensation is reasonable and commensurate with the task performed. A judge should ensure, however, that no conflicts are created by the arrangement. A judge must not appear to trade on the judicial position for personal advantage. Nor should a judge spend significant time away from court duties to meet speaking or writing commitments for compensation. In addition, the source of the payment must not raise any question of undue influence or the judge's ability or willingness to be impartial.
         See SCR 60.05 (4) (e) and sec. 19.56, Stats., regarding reporting of gifts and loans.
         As provided in SCR 60.07 (2), sub. (8) does not apply to a judge serving on a part-time basis. Sub. (8) does not apply to a supplemental court commissioner authorized under SCR 75.02 (3) who has performed fewer than 40 hours of circuit court commissioner duties in the preceding calendar year.

         SECTION 2. 60.07 (2)* of the Supreme Court Rules is amended to read:
          60.07 (2) A judge who serves on a part-time basis, including a reserve judge, a part-time municipal judge, and or a part-time court commissioner, is not required to comply with the following: SCR 60.05 (3) (a), (b), and (c) 1. b., 2. a. and c., (4) (a) 1. b., (b), (c), (d), and (e), (5), (6), (7), and (8). All circuit court commissioners appointed under SCR 75.02 (1) and those supplemental court commissioners authorized under SCR 75.02 (3) who have performed 40 hours or more of circuit court commissioner duties during the preceding calendar year shall comply with SCR 60.05 (8).

         SECTION 3. 70.36 (5) (b) of the Supreme Court Rules is amended to read:
          70.36 (5) (b) A circuit court commissioner may should not routinely take matters under advisement. Every circuit court commissioner shall decide any matter within 30 days after the matter is submitted to him or her for decision. If the circuit court commissioner is unable to decide a matter within 30 days, he or she shall notify the chief judge not later than 5 days before the end of the 30-day period. The chief judge may extend the period to decide the matter for an additional 30 days or may require the circuit court commissioner to suspend all other assigned activities until the decision is filed in the court.

         SECTION 4. 70.36 (5) (c) of the Supreme Court Rules is repealed.**

         SECTION 5. 70.36 (5) (d) of the Supreme Court Rules is amended to read:
          70.36 (5) (d) The chief judge may withdraw temporarily or permanently the circuit court commissioner's appointment or authority to act if the commissioner fails to comply with pars. par. (b) or (c).

         SECTION 6. 75.02 (1) of the Supreme Court Rules is amended to read:
         75.02 (1) The chief judge of a judicial administrative district shall appoint within the district, as authorized by law, officers of the court to perform limited judicial and quasi-judicial functions under the direction and authority of the chief judge and judges of the circuit. These officers of the court shall be selected on the basis of merit through a process approved by the chief judge and the circuit court judges in the counties in which the officers will serve. The chief judge may only appoint persons, under this subsection, only persons who are licensed to practice law in this state, and are in good standing, with at least 3 years of legal experience and who have been licensed to practice law in any state for 3 years immediately before the appointment, except as otherwise provided by statute.

         IT IS FURTHER ORDERED that notice of these amendments 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 6th day of April, 2001.

    By the court:
    Cornelia G. Clark, Clerk of Court

    *Bablitch, J. dissents.
    **Bradley, J. dissents.


    Mandatory Fee Arbitration System

    In the Matter of the Petition to Create a Mandatory Fee Arbitration System

    Order 00-15

    On March 13, 2001, the court held a public hearing on a petition filed on Sept. 25, 2000, requesting the court to adopt Supreme Court Rules establishing a mandatory fee arbitration system for lawyer-client fee disputes. The court has considered the matters presented at the public hearing. The court expresses its appreciation to Attorney Gerald Sternberg for presenting the petition and compiling the extensive information in support thereof and to the State Bar of Wisconsin and the Milwaukee County Bar Association for their efforts in commenting on the petition and their ongoing efforts in conducting voluntary fee arbitration programs. The court has determined a mandatory fee arbitration system for lawyer-client fee disputes should not be adopted at this time; the court will convene a committee to study mandatory and voluntary fee arbitration programs.

         IT IS ORDERED that the petition for the adoption of rules for a mandatory fee arbitration system is denied.

         Dated at Madison, Wis., this 6th day of April, 2001.

    By the court:
    Cornelia G. Clark, Clerk of Court


    Judicial Conference

    In the Matter of the Amendment of the Supreme Court Rules: SCR 70.15(1) - Judicial Conference

    Order 01-09

    The court, on its own motion, has deemed it advisable to amend the Supreme Court Rule, SCR 70.15(1), setting forth the membership of the Judicial Conference of Wisconsin to conform it with the bylaws of the Judicial Conference, Article I, establishing the membership.

         IT IS ORDERED that, effective the date of this order, Supreme Court Rule 70.l5 (1) is amended to read:

         70.15 (1) There is constituted the judicial conference of Wisconsin, which consists of the justices of the supreme court, the judges of the court of appeals, the judges of the circuit court, reserve judges, three municipal court judges designated by the Wisconsin municipal judges association, one circuit court commissioner designated by the family court commissioner association, one circuit court commissioner designated by the judicial court commissioner association, and one judicial representative of a non-Public Law 280 tribal court and two judicial representatives of Public Law 280 tribal courts designated by the Wisconsin tribal judges association.

         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 6th day of April, 2001.

    By the court:
    Cornelia G. Clark, Clerk of Court


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