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Vol. 74, No. 12, December 2001
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Supreme Court Orders
The Wisconsin Supreme Court sets a public hearing for Jan. 16, 2002, to
consider: 1) the composition of the State Bar Board of Governors, and 2)
group or prepaid legal service plans. The court also amends rules relating
to the lawyer regulation system.
SBW
Board of Governors; Group or Prepaid Legal Service Plans
In
the matter of the amendment of Supreme Court Rules 10.05 and 10.06; and
In the matter of the amendment of Supreme Court Rule 11.06(5)
On
May 16, 2001, the Board of Governors of the State Bar of Wisconsin filed
two petitions, 01-10 and 01-11, seeking to amend Supreme Court Rules 10.05
and 10.06 relating to the composition of the board of governors and SCR
11.06(5) relating to group or prepaid legal service plans, respectively.
IT IS ORDERED that a public
hearing on these petitions shall be held in the Supreme Court Room in
the State Capitol, Madison, Wis., on Wednesday, Jan. 16, 2002, at 9:30
a.m.
IT IS FURTHER ORDERED that
the court's conference in these matters 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 petitions 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
1st day of Nov., 2001.
By
the court:
Cornelia G. Clark, Clerk
of Supreme Court
Petition
01-10
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 the board of governors, specifically SCR 10.05(1)
and (4) be amended as follows:
SCR
10.05 Board of Governors
(1) Composition of
Board. The affairs of the association shall be managed and directed
by a board of governors consisting of the 6 officers of the association,
all of whom shall be ex officio members-at-large of the board, not fewer
than 34 members elected from the state bar districts established under
sub. (2), one member selected by the young lawyers division pursuant to
its bylaws, one member selected by the government lawyers division pursuant
to its bylaws, three governors selected by the nonresident lawyers division
pursuant to its bylaws, one governor
selected by the senior lawyers division pursuant to its bylaws,
and three nonlawyers appointed by the supreme court for staggered two-year
terms. No person appointed by the supreme court shall serve more than
two consecutive full terms. The rights and powers of the ex officio members
of the board are the same as those of elected members. All past-presidents
of the Wisconsin bar association or of the state bar of Wisconsin, the
Wisconsin state delegate to the American Bar Association house of delegates
and the deans of the Marquette University and University of Wisconsin
law schools are entitled to floor privileges, but without voting privileges.
(4) Functions.
(b) The board of governors shall meet at least 4 times a year. Twenty-three
Twenty-four members present
at any meeting constitutes a quorum. Special meetings of the board of
governors may be called in accordance with the bylaws.
(k) The board of governors shall establish and maintain a senior lawyers
division. Membership in the division shall be voluntary. Those eligible
for membership in the senior lawyers division shall be any members of
the state bar who are age 60 years or older. The division shall be governed
by bylaws not inconsistent with state bar rules and bylaws. The division
bylaws and amendments thereto become effective upon approval by the board
of governors. The senior lawyers division shall carry on projects that
will stimulate the interest of the senior lawyers in the objectives and
programs of the State Bar of Wisconsin and to carry on activities which
will be of assistance to senior lawyers in the practice of law.
That the provision of the Supreme Court Rules relating to the executive
committee, specifically SCR 10.06(1) and (3) be amended as follows:
SCR
10.06 Executive Committee
(1) Members; Selection. The executive committee consists
of the president, the president-elect, the immediate past-president, the
chairperson of the board of governors, one representative each from the
nonresident lawyers division, government lawyers division, and
young lawyers division, and senior
lawyers division selected from their board of governors representatives
and 6 additional members elected annually by the board of governors at
its final meeting of the fiscal year. The 6 additional members shall be
elected from among the governors-elect and the current governors who will
serve on the board of governors during the following fiscal year. A vacancy
occurring in the selected membership may be filled by action of the board
of governors.
(3) Meeting;
Quorum. The executive committee shall meet at the call of the
president, or at the call of the executive director upon the written demand
of at least 5 6
of its members. All members shall be given at least 48 hours notice by
mail or telephone of the time and place of any meeting. A majority of
all members constitutes a quorum. No action may be taken by the committee
except upon the concurrence of at least a majority of all members. The
concurrence may be registered by mail, telephone, telefacsimile, or email.
The undersigned respectfully
submits this petition on behalf of the Board of Governors and prays for
an Order accordingly this 16th day of May 2001.
Gary
L. Bakke, President, State
Bar of Wisconsin
Petition
01-11
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 group or prepaid legal services plans, specifically
SCR 11.06(5) be amended as follows:
SCR
11.06 Group or prepaid legal services plans
(5) All information filed pursuant to this rule is confidential, if so
requested in writing at the time of filing, except the name of the plan,
the name and address of its sponsoring organization, the fact that it
has an arrangement for the provision of legal services, and the names
of the attorneys providing the services. Plans and required reports filed
pursuant to this rule shall be otherwise open for inspection. All information
is available to authorized representatives of the supreme court and the
state bar for information purposes and for disciplinary and ethical investigations
or proceedings, except as
provided in this rule. The
state bar's standing committee on group and prepaid legal services is
further authorized to disclose any information regarding a plan, its sponsors
or its provider attorneys to authorized representatives of the supreme
court and state bar for information purposes and for disciplinary and
ethical investigations. Such committee shall disclose any information
to a government agency providing consumer protection or law enforcement
services when a potential violation of law should be investigated.
The undersigned respectfully
submits this petition on behalf of the Board of Governors and prays for
an Order accordingly this 16th day of May 2001.
Gary
L. Bakke, President, State
Bar of Wisconsin
Lawyer
Regulation System
In
the matter of the Amendment to Supreme Court Rules relating to the Lawyer
Regulation System.
Order
01-12
On Sept. 20, 2001, the court
held a public hearing on the petition filed on June 22, 2001, by the Director
of the Office of Lawyer Regulation seeking to amend the Supreme Court
Rules, including rules in chapters 10, 11, 12, 20, 21, 22, 31, 60, and
62, as they relate to the Lawyer Regulation System. The court has considered
the matters presented at the public hearing and the materials filed in
the matter.
IT IS ORDERED that, effective
the date of this order, the Supreme Court Rules are amended as set forth
herein.
IT IS FURTHER ORDERED that
the remainder of the petition is held in abeyance pending further order
of this court.
Section 1.
10.03 (5) (a) of the Supreme Court Rules is amended to read:
10.03 (5)
(a) The annual membership dues for state bar operations for an active
member shall be established as provided herein. Other classes of members
shall pay the fraction of the dues of an active member as follows: Supreme
Court Justices, the full amount; inactive member, one-half; judicial members,
two-thirds; and members
admitted to practice three
for 3 years or less, one-half.
For purposes of determining an active member's dues status based on the
number of years admitted, there shall be no proration based on the
exact month and year of admission. A fiscal year for which any dues are
required to be paid under Bylaw 1, Section 2 shall count as a full year
and a fiscal year for which no dues payment is required shall not count
as a year. A change in the dues of an active member for state bar operations
may be made by the board of governors or as set forth herein. The state
bar shall include in the dues statement each year the amount necessary
to pay the costs of the Board
of Attorneys Professional Responsibility Lawyer
Regulation System and of the continuing legal education functions
of the Board of Bar Examiners as approved by the Supreme Court. Judicial
members other than Supreme Court Justices are not liable to pay the portion
of the annual dues for the costs of these boards. The state bar shall
show separately on its annual dues statement the portion of the total
dues for state bar operations and each of the boards.
Section 2. 11.06
(9) (e) of the Supreme Court Rules is amended to read:
11.06 (9) (e) An opinion from
the professional ethics committee shall not be a prerequisite to a decision
by the special committee on group and prepaid legal services to file a
complaint or report with the board
of attorneys professional responsibility office
of lawyer regulation in a situation in which the committee concludes
that such a decision is warranted.
Section 3. 12.06
(6) of the Supreme Court Rules is amended to read:
12.06 (6)
Access to board of attorneys
professional responsibility office
of lawyer regulation files. Notwithstanding other supreme court
rules to the contrary, during the investigation of a claim the committee
or its designee shall have access to the files of the board
of attorneys professional responsibility office
of lawyer regulation which pertain to the alleged loss.
Section 4. 20:1.15
(f) of the Supreme Court Rules is amended to read:
20:1.15 (f)
Upon request of the Board
of Attorneys Professional Responsibility office
of lawyer regulation, or upon direction of the Supreme Court, the
records shall be submitted to the board
office for its inspection,
audit, use, and evidence
under such conditions to protect the privilege of clients as the court
may provide. The records, or an audit thereof, shall be produced at any
disciplinary proceeding involving the attorney wherever material. Failure
to produce the records shall constitute unprofessional conduct and grounds
for disciplinary action.
Section 5. 20:1.15
(j) of the Supreme Court Rules is amended to read:
20:1.15 (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 institution 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 office
of lawyer regulation.
Section 6. 20:1.15
(m) of the Supreme Court Rules is amended to read:
20:1.15 (m) The
Board office
of lawyer regulation shall hold each overdraft report for 10 business
days or the minimum time required by the financial institution or investment
institution, whichever is less, to enable the financial institution 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.
Section 7. 20:7.3
(b) of the Supreme Court Rules is amended to read:
20:7.3 (b)
A written communication under paragraph
par. (a) shall be conspicuously
labeled with the word "Advertisement" and a copy of it shall be filed
with the Board of Attorneys
Professional Responsibility office
of lawyer regulation within 5 days of its dissemination.
Section 8. 21.01
(1) (b) of the Supreme Court Rules is amended to read:
21.01 (1)
(b) District investigative
committees, provided in SCR 21.06.
Section 9. 21.03
(6) (k) of the Supreme Court Rules is amended to read:
21.03 (6)
(k) To supervise the district investigative
committees.
Section 10. 21.03
(7) of the Supreme Court Rules is amended to read:
21.03 (7)
The director may refer a matter alleging attorney misconduct or medical
incapacity to a district investigative
committee for investigation.
Section 11. 21.06
(title) of the Supreme Court Rules is amended to read:
21.06 (title)
District investigative
committees.
Section 12. 21.06
(1) of the Supreme Court Rules is amended to read:
21.06 (1)
A district investigative
committee in each of the state bar districts established under SCR 10.05
(2) consists of lawyers and nonlawyers appointed by the supreme court.
The number of members of each committee shall be in proportion to the
geographic and population size of the district, and to the extent feasible,
one-third of the members shall be nonlawyers. Members serve staggered
three-year 3-year
terms. A member may serve not more than three
3 consecutive three-year
3-year terms.
Section 13. 21.06
(2) of the Supreme Court Rules is amended to read:
21.06 (2) District
investigative committees
function under the supervision of the director.
Section 14. 21.06
(3) (intro.) of the Supreme Court Rules is amended to read:
21.06 (3) (intro.)
The duties of a district investigative
committee are:
Section 15. 21.06
(4) of the Supreme Court Rules is amended to read:
21.06 (4) Each
district investigative
committee shall hold regularly scheduled meetings as needed to complete
its work timely. Meetings also may be held at the call of the chairperson.
At the first meeting held each calendar year, the committee shall elect
a chairperson and a vice-chairperson to act in the absence of the chairperson.
A majority of members constitutes a quorum, except that the chairperson
may designate a subcommittee of one or more members to conduct a preliminary
investigation or investigative meeting and prepare a report and recommendation
for consideration and action by the committee. A subcommittee also may
be designated to monitor an attorney's participation in a diversion from
discipline program or compliance with conditions imposed on the attorney's
practice of law.
Section 16. 21.06
(5) of the Supreme Court Rules is amended to read:
21.06 (5) The
portions of the meetings of a district investigative
committee relating to specific disciplinary matters are closed. The portions
of the meetings relating to other matters are open.
Section 17. 21.07
(1) of the Supreme Court Rules is amended to read:
21.07 (1)
The 12-member 14-member
preliminary review committee consists of 8
9 lawyers and 4
5 nonlawyers appointed
by the supreme court. Members serve staggered three-year
3-year terms. A member
may serve not more than two
2 consecutive three-year
3-year terms.
Section 18. 21.07
(2) of the Supreme Court Rules is amended to read:
21.07 (2)
The preliminary review committee,
having a quorum of 8 members, is comprised of two
six-member 2 7-member
panels, each having four
at least 4 lawyers and
two 2
nonlawyers and a quorum of five
4 members. The chairperson
of the preliminary review committee shall designate the members of each
panel and shall devise and implement a rotation system by which each member
of the committee serves on each panel during each three-year
3-year period.
Section 19. 21.11
(2) of the Supreme Court Rules is amended to read:
21.11 (2)
The director shall provide formal training to the members of the district
investigative committees.
Section 20. 21.12
of the Supreme Court Rules is amended to read:
21.12 Roles
of office of lawyer regulation, grievant, and district investigative
committees. In
the investigation process and in the prosecution of complaints alleging
attorney misconduct and petitions alleging attorney medical incapacity,
the director and staff of the office of lawyer regulation and the district
investigative committees
do not represent the complaining person, the attorney against whom a grievance
has been made, the bar generally, or any other person or group. The director,
staff and district investigative
committees represent the interests of the supreme court and the public
in the integrity of the lawyer regulation system in its search for the
truth. A grievant is not a party to a misconduct or medical incapacity
proceeding brought by the office of lawyer regulation.
Section 21. 21.14
(2) of the Supreme Court Rules is amended to read:
21.14 (2)
Allegations of misconduct or malfeasance against the director, staff,
retained counsel, a member of a district investigative
committee, a member of a special investigative panel, a
member of the preliminary review committee, a member of a special preliminary
review panel, a referee, an attorney designated by the
director to monitor an attorney's participation in a diversion from discipline
program or compliance with conditions imposed on the attorney's practice
of law, or a member of the board of administrative oversight shall be
governed by the procedures set forth in SCR 22.25.
Section 22. 21.19
of the Supreme Court Rules is amended to read:
21.19 Immunity.
Communications with the director or staff, a district investigative
committee, a member of a special investigative panel, retained counsel,
the preliminary review committee, and a special preliminary review panel
alleging attorney misconduct or medical incapacity and testimony given
in an investigation or proceeding under SCR chapter 22 are privileged,
and no lawsuit predicated on those communications may be instituted against
any grievant or witness. The director, staff, members of a district investigative
committee, members of a special investigative panel, retained
counsel, members of the preliminary review committee, members of a special
preliminary review panel, referees, and members of the
board of administrative oversight shall be immune from suit for any conduct
in the course of their official duties.
Section 23. 21.21
of the Supreme Court Rules is amended to read:
21.21 Cost of lawyer
regulation system. The cost of the office of lawyer regulation,
the district investigative
committees, the preliminary review committee, all matters relating to
investigation and prosecution of possible attorney misconduct and medical
incapacity, and the board of administrative oversight shall be paid from
the appropriation provided in Wis. Stat. § 20.680 (3) (h) (1997-98).
Section 24. 22.001
(6) of the Supreme Court Rules is amended to read:
22.001 (6) "Grievant"
means the person who presents a grievance, except that a judicial officer
or a district investigative
committee who communicates a matter to the office of lawyer regulation
in the course of official duties is not a grievant.
Section 25. 22.04
(title) of the Supreme Court Rules is amended to read:
22.04 (title)
Referral to district investigative
committee.
Section 26. 22.04
(1) of the Supreme Court Rules is amended to read:
22.04 (1)
The director may refer a matter to a district investigative
committee for assistance in the investigation. A respondent has the duty
to cooperate specified in SCR 21.15 (4) and 22.03 (2) in respect to the
investigative district
committee. The committee has the power to subpoena and compel the production
of documents specified in SCR 22.03 (7) and 22.42.
Section 27. 22.04
(3) of the Supreme Court Rules is amended to read:
22.04 (3)
The investigative district
committee shall conduct an investigation and file an investigative report
with the director within 90 days after the date of referral. The investigative
report shall outline the relevant factual allegations and identify possible
misconduct, if any, and may make a recommendation as to the disposition
of the matter. The investigative
district committee shall
include in reports to the director all relevant exculpatory and inculpatory
information obtained.
Section 28. 22.25
(1) of the Supreme Court Rules is amended to read:
22.25 (1) Allegations
of misconduct against the director, a lawyer member of staff, retained
counsel, a lawyer member of a district investigative
committee, a lawyer member of the preliminary review committee, a lawyer
member of the board of administrative oversight, or a referee shall be
referred by the director for investigation to a special investigative
panel composed of six lawyers appointed by the supreme court who are not
currently participating in the lawyer regulation system and are not among
the lawyers from whom retained counsel is selected under SCR 21.05. A
matter referred by the director shall be assigned to a member of the special
investigative panel in rotation.
Section 29. 22.25
(8) of the Supreme Court Rules is amended to read:
22.25 (8)
Allegations of malfeasance against the director, retained counsel, a member
of a district investigative
committee, a member of the preliminary review committee, a member of the
board of administrative oversight, or a referee shall be referred by the
director to the supreme court for appropriate action.
Section 30. 22.40
(1) of the Supreme Court Rules is amended to read:
22.40 (1)
Prior to the filing of a misconduct complaint, medical incapacity petition
or petition for temporary license suspension, all papers, files, transcripts
and communications in any matter involving the office of lawyer regulation
are to be held in confidence by the office of lawyer regulation, the district
investigative committees,
and the preliminary review committee. Following the filing of a complaint
or petition, the proceeding and all papers filed in it are public, except
where expressly provided otherwise in this chapter or by law.
Section 31. 22.42
(1) of the Supreme Court Rules is amended to read:
22.42 (1)
In any matter under investigation, the director or district investigative
committee may require the attendance of lawyers, witnesses, and the production
of documentary evidence. A subpoena issued in connection with a confidential
investigation must so indicate on its face. It is not a breach of confidentiality
for a person subpoenaed to consult with an attorney.
Section 32. 31.10
(2) of the Supreme Court Rules is amended to read:
31.10 (2)
If the board believes that a false report has been filed, the board may
refer the matter to the board
of attorneys professional responsibility office
of lawyer regulation.
Section 33. 60.01
(1) of the Supreme Court Rules is amended to read:
60.01 (1) "Appropriate
authority" means the chief judge of an offending judge's district, the
director of state courts, the judicial commission,
and the board of attorneys
professional responsibility office
of lawyer regulation.
Section 34. 62.01
of the Supreme Court Rules is amended to read:
62.01 Scope. The
uniform standards of courtroom courtesy and decorum in SCR 62.02, adopted
to enhance the administration of justice by promoting good manners and
civility among all who participate in the administration of justice in
Wisconsin, are applicable to judges, court commissioners, lawyers, court
personnel, and the public
in all Wisconsin courts. Notwithstanding SCR 20:8.4 (f), the standards
under SCR 62.02 are not enforceable by the board
of attorneys professional responsibility office
of lawyer regulation. Conduct by a lawyer that violates chapter
20 of the supreme court rules or SCR 40.15 is subject to the authority
of the board of attorneys
professional responsibility office
of lawyer regulation.
IT IS ORDERED that notice of
this amendment of these 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
14th day of Nov., 2001.
By the court:
Cornelia G. Clark, Clerk
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