Vol. 76, No. 3, March 2003

Get Involved and Make a Difference

by Pat Ballman

The Bar received close to 1,000 responses to the email soliciting member feedback on the Board of Governors' tentative decision to join as an amicus in the University of Michigan Law School's affirmative action case before the U.S. Supreme Court.

By our bylaws, leadership is required to consider member comments before deciding whether to file or join an amicus. So I reviewed all the responses and summarized them for the Executive Committee. I could not respond to each one individually, but I will take this opportunity to answer several frequently asked questions.

Some members questioned whether certain individuals were specially invited to the board meeting to "stack the deck" in favor of Michigan's position. No. Those who spoke at the meeting are among those who have floor privileges at all board meetings: the officers and governors (the only ones who vote), all past presidents of the Bar, the deans of the two law schools, and liaisons to the specialty bars.

Other members questioned why the board took such a controversial position without seeking member input in advance. That is a valid concern. Usually, big issues are aired at least once before being voted on at a later meeting. But this issue did not arise at the instigation of the Executive Committee, and therefore that committee did not control the timing of when the issue was first raised.

Another common question was why the Bar was getting involved in a political issue. The Bar does get involved in political issues when, in the opinion of the board, the issue is consistent with the Bar's purpose as set forth in SCR 10.02(2). But the Bar files or joins an amicus brief only if it can comply with the safeguard provisions of the Bar's rules and bylaws.

I am extremely grateful to all the members who took the time to respond. While more than two-thirds of the governors voted to join Michigan's side in the case, subject to finding an appropriate brief and subject to member feedback, more than two-thirds of the responding members were strongly opposed. It is clear from the responses that Wisconsin lawyers care about diversity in the legal profession, but there is a significant difference of opinion on how that can be achieved.

The Board of Governors takes positions after differing opinions are expressed in open debate. If you do not agree with positions of the board, or would like the Bar to work on different programs, get involved. Nominate yourself for governor the next time there is an open seat in your district. It requires only 10 supporting signatures. And now is the time to request appointment to a committee, where important issues often arise. Committee request forms are in the February "Inside the Bar" newsletter and are available online in fillable format at www.wisbar.org/newsletter/cmform.html. Last year, every member who timely requested an appointment got one, if not to his or her first choice, at least a second or third choice. Additionally, you could run for the board of a section or division.

An even better reason to get involved is because Bar work is challenging, extremely interesting, and important. If you think you are too busy, and want to leave it to lawyers who have extra time - let me ask you this: Don't you think Wisconsin's legal profession should be governed by the best lawyers we have? You can find time if it is important enough.

Our Bar is one of the best in the nation in many respects. And with more member involvement, the Board of Governors can do an even better job of representing its members. The board needs member input on all issues before it. Here, based on your feedback, your involvement, the Executive Committee voted not to join as an amicus in the Michigan case. Getting involved really does make a difference.

Wisconsin Lawyer