Wisconsin Lawyer
Vol. 79, No. 9, September 2006
Legal News & Trends
Supreme court sets Oct. 24 public hearing on
petition to create rules to suspend law licenses of tax-delinquent
attorneys
On Oct. 24, 2006, the Wisconsin Supreme Court will hold a public
hearing on a petition filed by the Wisconsin Department of Revenue
(DOR), asking the court to adopt rules establishing a procedure to
suspend the law licenses of Wisconsin attorneys who are delinquent in
the payment of state taxes. The petition is in response to the enactment
of provisions of the last biennial state budget bill, 2005 Wisconsin Act
25, that added attorneys to the category of licensed professionals whose
professional licenses can be suspended for nonpayment of taxes.
While Wisconsin law has provided for the suspension of other
professional licenses since 1997, attorneys were not included in these
provisions until passage of the 2005 budget bill. Effectuating the new
law regarding attorneys will require the enactment and amendment of
Supreme Court Rules to create 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 has been
certified as liable for delinquent taxes.
The provisions of the 2005 budget bill created a procedure for
attorneys under Wis. Stat. section 73.0301 by which the DOR must conduct
a hearing (with appeal rights to the Dane County circuit court) before
the DOR can certify an attorney's tax delinquency to the supreme court.
The DOR petition now pending before the supreme court establishes a
procedure for the court to follow once the DOR notifies it of an
attorney's tax delinquency.
Under the rule changes proposed in the pending DOR petition, if the
DOR notifies the supreme court of an attorney's tax delinquency, the
court will issue an order requiring the attorney to show cause why his
or her license should not be suspended. The court may inquire into the
reasons for the delinquency or any other matters the court deems
appropriate and may issue appropriate orders. After requiring the
attorney to show cause, the court may, if it chooses, suspend an
attorney's license for up to five years.
An attorney's license will be automatically reinstated when the
suspension expires or when the DOR notifies the court that the attorney
has paid the delinquent tax obligation or has made satisfactory
arrangements to do so.
The proposed rules prohibit the Board of Bar Examiners from
certifying an applicant for a law license if the DOR has certified the
applicant as owing delinquent taxes.
The proposed rules also provide that the supreme court may return an
attorney's certification of tax delinquency to the DOR if the court
determines that the DOR failed to provide adequate notice to the
attorney of the attorney's hearing rights or if the court determines
that the attorney has not had an adequate opportunity to pay the
delinquent taxes or make arrangements to do so.
(Please see "Supreme
Court Orders" for Order 06-05 setting forth the hearing date and the
DOR petition.)
The supreme court's hearing on the petition will commence at 9:30
a.m. on Oct. 24, 2006, in the Supreme Court Room of the State
Capitol.
Barron County's Judge Brunner honored with
national Rehnquist Award
Barron County Circuit Court judge Edward R. Brunner is the recipient
of the 2006 William H. Rehnquist Award for Judicial Excellence by the
National Center for State Courts (NCSC). One of the most prestigious
judicial honors in the country, the Rehnquist Award is presented
annually to a state court judge who exemplifies the highest level of
judicial excellence, integrity, fairness, and professional ethics.
Brunner will accept the award at a ceremony on Nov. 16 in the U.S.
Supreme Court in Washington, D.C.
NCSC President Mary Campbell McQueen said the award recognizes
Brunner's strong leadership on initiatives designed to instill public
trust and confidence in the Wisconsin courts and his success in building
programs that have become models for the nation. "Judge Brunner's
innovative initiatives such as promoting restorative justice and
improving relations between state and tribal courts are recognized as
national models," she said. "His dedication to community collaboration
and outreach is recognized not only by his colleagues within the courts
but by the many community and public agency leaders who wrote letters in
support of his nomination.
"I share this award with the judges, attorneys, educators, law
enforcement officers, social workers, and many others whose creativity
and commitment to improving the quality of justice are a constant source
of inspiration," says Brunner. "Together, we have demonstrated that hard
work, cooperation, and a willingness to try something new can overcome
any obstacle."
Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson lauded
Brunner's "remarkable skill and dedication in building partnerships with
the legal community, the Indian nations, and the public." Abrahamson
said that Brunner's willingness to tackle tough issues with creative
approaches has made him an outstanding leader in the law, and has
established the Wisconsin court system as a leader in justice
innovations and a model for the nation.
In addition to his work on tribal court relations, Brunner is noted
for establishing restorative justice practices in the Barron County
courts. Restorative justice is an umbrella term for programs such as
victim-offender mediation that center on healing victims, holding
offenders accountable, and involving the community in the process of
rehabilitation.
The NCSC is a nonprofit organization dedicated to improving the
administration of justice by providing leadership and service to the
state courts. Founded in 1971 with the encouragement of Chief Justice of
the United States Warren E. Burger, the NCSC provides leadership,
research, technology, education, and training to the state courts.
Law firms invited to the join community
service project
In celebration of the Association of Legal Administrators' (ALA) 35th
anniversary, the Wisconsin Chapter of ALA is challenging law firms to
help raise 3,500 pounds of donations for food banks statewide. The food
drive kicked off in August and runs through Oct. 20-22, which ALA has
designated as Community Challenge weekend.
"Giving back to the community is a central theme for the ALA and the
Wisconsin Chapter of ALA," says WALA President Steven Wingert. "Since
1999, the ALA has designated a weekend in October as Community Challenge
Weekend. While chapters promote community service activities throughout
the year, the challenge weekend is the central focus of the community
service activities."
To sign up, contact Sandy McGee at sam@tsglaw.com or (262) 798-8220.
Is your firm in compliance with Unclaimed
Property Act reporting requirements?
State Treasurer Jack C. Voight recently announced amendments to the
Unclaimed Property Act (Chapter 177) that should be of interest to
business professionals. The annual reporting period has been changed to
a fiscal year accounting cycle (July 1 through June 30) from a calendar
year basis; the dormancy period for all types of securities and related
cash accounts has been reduced from 5 years to 3 years; and the
Unclaimed Property administrator has been given authority to accept
unclaimed properties prior to the completion of the dormancy period on a
case-by-case basis. All amendments became effective May 24, 2006.
"My office has received numerous inquiries from attorneys regarding
Wisconsin's unclaimed property reporting requirements on behalf of their
corporate clients as well as for their own business and trust accounts,"
says Voight. "The Unclaimed Property administrator and staff members are
available to help law firms and their clients get into compliance as we
approach the upcoming reporting deadline in November."
The 2006 Unclaimed Property Reporting Manual and additional
information regarding unclaimed property reporting are available online
at www.ost.state.wi.us or by contacting Mary Celentani, Unclaimed
Property Administrator, at (608) 267-2208.
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