Vol. 75, No. 3, March
2002
Court order improves lawyer regulation
system, clarifies responsibilities
On Jan. 23, the supreme court amended the lawyer regulation system in
response to the Office of Lawyer Regulation's (OLR) petition to improve
the rules based on the first year of experience under the new
system.
"The OLR proposed the amendments in order to update references in
supreme court rules to comport with establishment of the new lawyer
regulation system and to clarify certain authorities and
responsibilities," said OLR Director Keith L. Sellen. "None of the
amendments was intended to alter the structure, composition, or
fundamental duties and relationships of the Lawyer Regulation System
components as approved by the supreme court on Sept. 25, 2000, or to
make substantive changes to the Rules of Professional Conduct for
Attorneys."
The changes become effective on April 1, 2002, except where noted.
Significant changes include the following:
- Clarify SCR 21.13 and SCR 21.19 to provide immunity to attorneys
assisting with alternatives to discipline programs. This is intended to
encourage attorneys to volunteer as monitors or mentors for attorneys in
a variety of educational and treatment programs.
- Increase the membership of the Preliminary Review Committee from 12
to 14 members. The committee now will have nine lawyers and five
nonlawyers, and will divide into panels of seven, each with at least
four lawyers and two nonlawyers, to review matters.
- Create a duty for attorneys to self-report their conviction of a
crime [SCR 21.15(5)]. The provision requiring court clerks to report was
inadequate, and many convictions were not reported. This provision
becomes effective on July 1, 2002, for convictions occurring on or after
that date.
- Change the procedure in SCR 22.16 for resolving claims that a
medical incapacity makes defending a misconduct proceeding impossible.
The change, which is intended to resolve issues expeditiously, provides
that the referee will consider and rule on that issue within the context
of the misconduct proceeding.
- Amend SCR 22.25 and other provisions to make the special
investigation process more parallel to the normal process.
- Amend the reinstatement rules to streamline the reinstatement
process.
Order 01-12 was published in two parts. The second part of Order 01-12,
filed on Jan. 23, 2002, is printed on page 49 of this issue. The first
part, published on Nov. 14, 2001, was printed on page 43 of the December
2001 Wisconsin
Lawyer.
State Law Library hosts open house in
April
The Wisconsin Staw Library will celebrate its move to the Risser
Justice Center, 120 Martin Luther King Jr. Blvd., Madison with an open
house from 3 to 6 p.m. on April 19. Join library staff and Wisconsin
Supreme Court justices for facility tours and legal research tools
demonstrations. Refreshments will be served. The center is across the
street from the Dane County Courthouse and a block off the Capitol
Square. The library entrance is on Martin Luther King Jr. Blvd. For more
information, call Tammy Keller at (608) 261-7553. The center also houses
the Department of Justice (DOJ) offices. All DOJ legal services and law
enforcement agencies are located on floors 4 to 8 of the new building.
The DOJ entrance is on the Square at 17 W. Main St.
District II Court of Appeals seeks volunteers
to mediate ADR cases
The Wisconsin Court of Appeals, District II, headquartered in
Waukesha, is seeking attorney-volunteers to mediate disputes as part of
a three-year pilot program designed to make alternative dispute
resolution (ADR) available in the appeals process.
The program, which begins in July, has several program goals. "We
hope to reduce both the amount of time for the appeal process and the
overall cost, provide creative ideas for settlement, and improve
communication among the parties and attorneys," said District II Court
of Appeals Judge Dan Anderson.
"A staff attorney will review each case and notify parties if they
are eligible to take part in the ADR program," continued Anderson.
"Generally, all civil cases will be eligible for participation; however,
appeals involving prisoners, child support, maintenance, judicial review
of administrative agency rulings, and supervisory writs will be
excluded. Participation is voluntary and parties may request to be
included. There is no charge to the parties who participate and appeals
will be stayed for no more than 30 days."
Attorneys must be members of the bar in Calumet, Fond du Lac, Green
Lake, Kenosha, Manitowoc, Ozaukee, Racine, Sheboygan, Walworth,
Washington, Waukesha, or Winnebago counties. Volunteers must have at
least five years of active practice experience, have participated in
three or more appeals, and have prior training in ADR or an active ADR
practice. Send letters of interest to Hon. Daniel P. Anderson, Wisconsin
Court of Appeals, District II, 2727 N. Grandview Blvd., Suite 300,
Waukesha, WI 53188-1672.
Wisconsin
Lawyer
