Lawyer Regulation
System Composition
The
new lawyer regulation system is made up of several components. Here is a
description of each.
by the Board of Administrative Oversight & Office of Lawyer Regulation
The composition and organization of the lawyer regulation system is depicted
in Figure 1. Following
is a description of the components.
Wisconsin Supreme Court.
The supreme court supervises and regulates the lawyer regulation system,
determines attorney misconduct and medical incapacity, and imposes discipline
or directs other appropriate action in proceedings filed with the court.
Office of Lawyer Regulation.
The Office of Lawyer Regulation (OLR) consists of the director, investigative
and support staff, litigation counsel, and retained counsel. The office:
- receives and responds to inquiries and grievances relating to attorneys;
- investigates allegations of attorney misconduct or medical incapacity;
- diverts matters into an alternative to discipline program;
- prosecutes misconduct or medical incapacity proceedings; and
- investigates license reinstatement petitions.
District Committees. District committees exist in each of the
16 State Bar districts, and consist of lawyers and public members appointed
by the supreme court. Under the supervision of the director, district
committees:
- educate the bar and the public about the legal profession and the
ethical practice of law;
- refer to the director possible misconduct or medical incapacity
matters;
- assist in the investigation of possible misconduct or medical incapacity;
- recommend to the director the appropriate disposition of matters
they investigated;
- monitor an attorney's participation in an alternatives to discipline
program or an attorney's compliance with conditions on practice; and
- assist in resolving minor disputes between an attorney and a client.
Preliminary Review Committee. The Preliminary Review Committee
consists of 12 members, eight lawyers and four public members, appointed
by the court. The committee is comprised of two six-member panels, each
having four lawyers and two public members. The panels:
- review the results of the OLR and District Committee investigations
and determine whether there is cause to proceed in the matter;
- review, upon request by a grievant, decisions by the director to
dismiss a grievance after investigation; and
- confer with the Board of Administrative Oversight and suggest improvements
in the operation of the committee and its panels.
Board of Administrative Oversight. The Board of Administrative
Oversight consists of 12 members, eight lawyers and four public members,
appointed by the court. The board:
- monitors the system's fairness, productivity, effectiveness, and
efficiency;
- monitors new procedure implementation;
- assesses public and bar perceptions of the system's integrity;
- reports its findings to the supreme court;
- reviews the system's operation with the court, and files an annual
report;
- proposes substantive and procedural rules;
- informs and educates the public and bar about the system; and
- proposes an annual budget.
Special Investigative Panel. The Special Investigative Panel
is composed of lawyers appointed by the supreme court who are not currently
serving in the lawyer regulation system. The director refers allegations
of misconduct against attorneys currently serving in the system to a special
investigator. In a referred matter, the special investigator performs
the functions that the director would normally perform, which may include
evaluating, investigating, diverting, or prosecuting the matter.
Special Preliminary Review Panel. The Special Preliminary Review
Panel is composed of four lawyers and two public members appointed by
the supreme court. In matters involving allegations against current participants
in the lawyer regulation system, the panel reviews the special investigator's
decision to close a matter without investigation, and reviews an investigative
report to determine whether there is cause to proceed.
Referees. Referees are attorneys or reserve judges appointed
by the supreme court to:
- conduct hearings in proceedings alleging misconduct or medical
incapacity;
- conduct hearings on petitions for license reinstatement;
- review consensual public or private reprimands submitted by the
director; and
- review, upon the request of a grievant, determinations by Preliminary
Review Panels of no cause to proceed.
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