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
Wisconsin Lawyer