Vol. 71, No. 9, September 1998
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
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