SCR CHAPTER 10
REGULATION OF THE STATE BAR
JUDICIAL
COUNCIL COMMITTEE'S NOTE, 1979: The
following rules, called the state bar rules, govern the state bar of Wisconsin
and its members. SCR 10.01 is in the
1977
SCR
10.01 State Bar of Wisconsin. (1) There shall be an association to be known as
the "state bar of Wisconsin" composed of persons licensed to practice
law in this state, and membership in the association shall be a condition
precedent to the right to practice law in
(2)
The supreme court by appropriate orders shall provide for the
organization and government of the association and shall define the rights,
obligations and conditions of membership therein, to the end that the association
shall promote the public interest by maintaining high standards of conduct in
the legal profession and by aiding in the efficient administration of justice.
SCR
10.02 Organization of the state bar of
(2)
Purposes. The purposes of the
association are to aid the courts in carrying on and improving the
administration of justice; to foster and maintain on the part of those engaged
in the practice of law high ideals of integrity, learning, competence and public
service and high standards of conduct; to safeguard the proper professional
interests of the members of the bar; to encourage the formation and activities
of local bar associations; to conduct a program of continuing legal education;
to assist or support legal education programs at the preadmission level; to
provide a forum for the discussion of subjects pertaining to the practice of
law, the science of jurisprudence and law reform and the relations of the bar
to the public and to publish information relating thereto; to carry on a
continuing program of legal research in the technical fields of substantive
law, practice and procedure and make reports and recommendations thereon within
legally permissible limits; to promote the innovation, development and
improvement of means to deliver legal services to the people of Wisconsin; to
the end that the public responsibility of the legal profession may be more
effectively discharged.
(3)
Definition. In this chapter,
"state bar" means the state bar of Wisconsin.
SCR
10.03 Membership. (1) Persons included in membership. As of the effective date of this rule,
membership of the state bar consists of all those persons who on that date are
licensed to practice law in this state.
After the effective date of this rule, the membership includes all
persons who become licensed to practice law in this state; subject in each case
to compliance with the conditions and requirements of membership. Residence in this state is not a condition of
eligibility to membership in the state bar.
(2)
Enrollment. Every person who
becomes licensed to practice law in this state shall enroll in the state bar by
registering his or her name and social security number with the association
within 10 days after admission to practice.
Every change after enrollment in any member's office address or social
security number shall be reported promptly to the state bar. The social security number of a person enrolling
in the state bar may not be disclosed to any person or entity except the
supreme court and its agencies, or as otherwise provided by supreme court
rules.
(3)
Classes of membership. (a) The members of the state bar are divided into
4 classes: active members, judicial members, inactive members and emeritus
members. The class of active members
includes all members of the state bar except the judicial members and inactive
members. The class of inactive members
includes those persons who are eligible for active membership but are not engaged
in the practice of law in this state and have filed with the secretary of the
association written notice requesting enrollment in the class of inactive
members. The class of judicial members
includes the following persons: supreme court justices, court of appeals
judges, circuit court judges, full-time circuit court commissioners, full-time
municipal court judges, supreme court commissioners, court of appeals staff
attorneys, federal district court judges, federal appellate court judges,
federal bankruptcy judges, federal magistrate judges, federal administrative
law judges, and retired justices and judges who are eligible for temporary
judicial assignment and are not engaged in the practice of law. Any judicial member may elect to become an
active member with all rights of active membership except to hold office as an
officer or governor or to practice law.
The class of emeritus members includes those persons who are either
active or inactive members in good standing but who are at least 70 years of
age and have filed with the executive director of the association a written
notice requesting enrollment in the class of emeritus members. An emeritus member has all the privileges of
membership in the state bar and need not pay membership dues for the years
following the year in which he or she attains the age of 70.
(b) 1. Any
inactive member in good standing who has actively practiced law in this state
during the last 10 years may change his or her classification to that of an
active member by filing with the secretary a written request for transfer to
the class of active members and by paying the dues required of active
members.
2. a. Any
inactive member in good standing who has not actively practiced law in this
state during the last 10 years may change his or her classification to that of
an active member by filing with the secretary a written request for transfer to
the class of active members, paying the dues required of active members, and
obtaining supreme court approval as provided in subd. 2. b.
b. Any inactive member described in subd. 2. a.
seeking to change his or her classification to that of an active member shall
file a copy of his or her request for transfer to active membership with both
the board of bar examiners and the office of lawyer regulation. The member shall pay $200 each to the board
of bar examiners and the office of lawyer regulation, which payment shall
accompany the copy of the request.
Within 90 days after receipt of the copy of the request, the board of
bar examiners shall make a determination regarding compliance with continuing
legal education requirements and file its finding with the clerk of the supreme
court. Within 90 days after receipt of
the copy of the request, the director of the office of lawyer regulation shall
investigate the eligibility of the requestor and file a response with the clerk
of the supreme court in support of or in opposition to the request. Following receipt of the determination of the
board of bar examiners and the response of the office of lawyer regulation, the
supreme court shall consider and approve or disapprove the inactive member's
request for transfer to active membership.
(bf) Any judicial member who is no longer serving in a
judicial office may change his or her classification to that of an active
member by filing with the secretary a written request for transfer to the class
of active members and paying the dues required of active members.
(bm) Any inactive member in good
standing may change his or her classification to that of an emeritus member if
otherwise qualified to become an emeritus member provided that no inactive
member who has not actively practiced law in this state or in another state
during the last two years may be transferred to emeritus status until the board
of bar examiners certifies that the member has completed the continuing legal
education requirements required for transfer to active status and the transfer
is approved by the supreme court.
(c)
No judicial or inactive member may practice law in this state or hold
office or vote in any election conducted by the state bar. No person engaged in the practice of law in
this state in his or her own behalf or as an assistant or employee of an active
member of the state bar, or occupying a position, the duties of which require
the giving of legal advice or service in this state, may be enrolled as an
inactive member.
(4)
(a) No individual other than an
enrolled active member of the state bar may practice law in this state or in
any manner purported to be authorized or qualified to practice law.
(b) A court or judge in this state may
allow a nonresident counsel to appear and participate in a particular action or
proceeding in association with an active member of the state bar of Wisconsin
who appears and participates in the action or proceeding. An order granting nonresident counsel
permission to appear and participate in an action or proceeding shall continue
through subsequent appellate or circuit court actions or proceedings in the
same matter, provided that nonresident counsel files a notice of the order
granting permission with the court handling the subsequent appellate or circuit
court action or proceeding.
1. Counsel who seek to provide legal
services under SCR 10.03 (4)(b) shall provide the information listed in
Appendix A to this rule. The applicant
may also include additional information supporting the request for admission
pro hac vice.
2. Counsel who seek to provide legal
services under SCR 10.03 (4)(b) shall pay a nonrefundable fee of two-hundred
and fifty dollars ($250) for each application for admission pro hac vice. The
fee shall be waived if the application certifies that the attorney is employed
by an agency providing legal services to indigent clients and will be appearing
on behalf of an indigent client, or that the applicant will otherwise be
appearing on behalf of an indigent client in the proceeding and will be
charging no fee for the appearance.
Wisconsin
Comment
The Wisconsin Supreme Court has directed the Office
of Lawyer Regulation to provide that the fee established in SCR 10.03 (4)(b)2 is
paid as follows: $100 to the Office of
Lawyer Regulation, $100 to Wisconsin Trust Account Foundation, Inc., and $50 to
the Wisconsin Access to Justice Commission.
See S. Ct. Order 13-11, 2014 WI 42 (issued Jun. 20, 2014, eff. Jul. 1,
2014) (Abrahamson, C.J. and Bradley, J., dissenting); See S. Ct. Order 13-11A,
2015 WI 23 (March 6, 2015).
(c) A court in this state may allow a
nonresident military counsel to appear and participate in a particular action
or proceeding representing military personnel without being in association with
an active member of the state bar of Wisconsin and without being subject to any
application fees required by this rule.
(d) If representing a party before an
agency of this state is limited to lawyers, an administrative law judge or
hearing examiner for a state agency may, using the same standards and
procedures as a court, allow a nonresident counsel who has been retained to
appear in a particular agency proceeding to appear and participate in that
proceeding without being in association with an active member of the state bar
of Wisconsin.
(e) A court or judge may, after
hearing, rescind permission for a nonresident counsel to appear before it if
the lawyer by his or her conduct manifests incompetency to represent a client
in a
(f)
Counsel not admitted to the practice of law in this jurisdiction but
admitted in any other U.S. jurisdiction or foreign jurisdiction, who is
employed as a lawyer in Wisconsin on a continuing basis and employed
exclusively by a corporation, association, or other nongovernmental entity, the
business of which is lawful and consists of activities other than the practice
of law or the provision of legal services, shall register as in-house counsel
within 60 days after the commencement of employment as a lawyer or if currently
so employed then within 90 days of the effective date of this rule, by
submitting to the Board of Bar Examiners the following:
1. A completed application in the form
set forth in Appendix B to this rule;
2. A nonrefundable fee of two hundred
and fifty dollars ($250) to the Board of Bar Examiners;
3. Documents proving admission to
practice law in the primary jurisdiction in which counsel is admitted to
practice law; and
4. An affidavit from an officer, director,
or general counsel of the employing entity attesting to the lawyer's employment
by the entity and the capacity in which the lawyer is so employed.
A
registered in-house lawyer is authorized to provide legal services to the entity,
client, or its organizational affiliates, including entities that control, are
controlled by, or are under the common control with the employer, and for
employees, officers, and directors of such entities, but only on matters
directly related to their work for the entity and only to the extent consistent
with SCR 20:1.7. A lawyer registered
under this section may provide pro bono legal services to qualified clients of
a legal service program. Counsel who
provide legal services in this jurisdiction under SCR 20:5.5(d)(1) that desire
to appear, either in person, by signing pleadings, or by being designated as
counsel in actions filed in courts, administrative agencies, or other tribunals
in this state, must file a separate motion for pro hac vice admission.
SCR
60.01(8) defines "judge" as "a justice of the supreme court, a
judge of the court of appeals, a judge of the circuit court, a reserve judge, a
municipal judge, a court commissioner, and anyone, whether or not a lawyer, who
is an officer of the judicial system and who performs judicial functions."
(5) Membership
dues and reduction of dues for certain activities. (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 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 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 for the costs of these boards, as
reflected in the dues statement. The state bar shall also include in the
dues statement each year an assessment to support the public interest legal services
fund, as approved by the supreme court.
The state bar shall show separately on its annual dues statement the
portion of the total dues for state bar operations, the assessments for each of
the boards, and other assessments imposed by the supreme court.
(b)1.
The State Bar may engage in and fund any activity that is reasonably
intended for the purposes of the association set forth in SCR 10.02(2). The State Bar may not use the compulsory dues
of any member who objects pursuant to SCR 10.03(5)(b)3. for activities that are
not necessarily or reasonably related to the purposes of regulating the legal
profession or improving the quality of legal services. Expenditures that are
not necessarily or reasonably related to the purposes of regulating the legal
profession or improving the quality of legal services may be funded only with
user fees or other sources of revenue.
2.
Prior to the beginning of each fiscal year, the state bar shall publish
written notice of the activities that can be supported by compulsory dues and
the activities that cannot be supported by compulsory dues. The notice shall indicate the cost of each
activity, including all appropriate indirect expense, and the amount of dues to
be devoted to each activity. The notice
shall set forth each member's pro rata portion, according to class of
membership, of the dues to be devoted to activities that cannot be supported by
compulsory dues. The notice shall be
sent to every member of the state bar together with the annual dues statement. A member of the state bar may withhold the
pro rata portion of dues budgeted for activities that cannot be supported by
compulsory dues.
3.
A member of the state bar who contends that the state bar incorrectly
set the amount of dues that can be withheld may deliver to the state bar a
written demand for arbitration. Any such
demand shall be delivered within 30 days of receipt of the member's dues
statement.
4.
If one or more timely demands for arbitration are delivered, the state
bar shall promptly submit the matter to arbitration before an impartial
arbitrator. All such demands for
arbitration shall be consolidated for hearing.
No later than 7 calendar days before the hearing, any member requesting
arbitration shall file with the arbitrator a statement specifying with
reasonable particularity each activity he or she believes should not be
supported by compulsory dues under this paragraph and the reasons for the
objection. The costs of the arbitration
shall be paid by the state bar.
5.
In the event the decision of the arbitrator results in an increased pro
rata reduction of dues for members who have delivered timely demands for
arbitration for a fiscal year, the state bar shall offer such increased pro
rata reduction to members first admitted to the state bar during that fiscal
year and after the date of the arbitrator's decision.
(6)
Penalty for nonpayment of dues.
If the annual dues or assessments of any member remain unpaid 120 days
after the payment is due, the membership of the member may be suspended in the
manner provided in the bylaws; and no person whose membership is so suspended
for nonpayment of dues or assessments may practice law during the period of the
suspension.
(6m) Petition for reinstatement from
suspension for nonpayment of dues or failure to file a trust account
certificate. (a) An attorney whose suspension for nonpayment
of annual membership dues for state bar operations or assessments imposed by
the supreme court has been for a period of less than 3 consecutive years shall
be reinstated as a member by the state bar board of governors if he or she
makes full payment of the amount owing and an additional payment of $20 as a
penalty. The secretary of the state bar
shall certify the reinstatement to the clerk of the supreme court.
(b)
An attorney whose suspension for nonpayment of annual membership dues
for state bar operations or assessments imposed by the supreme court has been
for a period of 3 or more consecutive years may file a petition for
reinstatement with the supreme court.
A copy of the petition shall be served on the board of bar examiners and
the office of lawyer regulation.
Separate payments in the amount of $200 each shall be made to the board
of bar examiners and the office of lawyer regulation and shall accompany the
petition. Within 90 days after service
of the petition for reinstatement, the board shall make a determination
regarding compliance and file its finding with the supreme court. Within 90 days after service of the petition
for reinstatement, the director of the office of lawyer regulation shall
investigate the eligibility of the petitioner for reinstatement and file a
response with the supreme court in support of or in opposition to the petition.
(c) An attorney suspended from the
practice of law for failure to comply with the trust account certification
requirement under SCR 20:1.15 (g) shall be reinstated as a member by the state
bar board of governors if he or she files the prescribed certificate. The secretary of the state bar shall certify
the reinstatement to the clerk of the supreme court.
(7)
(a)Voluntary resignation of membership.
If a member of the state bar files with the executive director a written
notice of the member's surrender of his or her license to practice law and the
acceptance by the supreme court of his or her resignation in the state bar, the
person shall then cease to be a member of the state bar and his or her name
shall be removed from the membership register.
Before accepting a resignation, the supreme court shall request from the
office of lawyer regulation information concerning whether the attorney is the
subject of any pending grievances, investigations, or proceedings.
(b) 1. An attorney who has resigned as a member of the
state bar may be readmitted to the state bar with approval of the supreme court
as provided in subd. 2.
2. The attorney shall file an original petition for
readmission to the state bar with the clerk of the supreme court and shall file
copies of the petition with the board of bar examiners and the office of lawyer
regulation. The member shall pay $200
each to the board of bar examiners and the office of lawyer regulation which
payment shall accompany the copy of the petition. Within 90 days after receipt of the copy of
the petition for readmission, the board of bar examiners shall make a
determination regarding the eligibility of the petitioner for readmission and
file its finding with the clerk of the supreme court. Within 90 days after receipt of the copy of
the petition for readmission, the director of the office of lawyer regulation
shall investigate the eligibility of the petitioner for readmission and file a
response with the clerk of the supreme court in support of or in opposition to
the petition. Following receipt of the
determination by the board of bar examiners and the response of the office of
lawyer regulation, the supreme court shall consider and approve or disapprove
the petition for readmission.
Wisconsin
Comment
Information regarding
continuing legal education requirements is set forth in SCR ch. 31. See also CLE 3.015. The standards the OLR uses to investigate a
requestor's eligibility for reinstatement are described in In re Reinstatement
of Polk, 2007 WI 51, ¶10, 300 Wis. 2d 280, 732 N.W.2d 419
(explaining that "investigation of eligibility for
reinstatement . . . is akin to the review conducted by the
BBE during an initial application for a license to practice law in this
state" such that the applicant must demonstrate that he or she has good
moral character and the fitness to practice law). See also SCR 40.06(1) and (3) and Rule BA
6.01-6.02.
(8)
Avoidance of hardship. The board
of governors may, in any case in which to do otherwise would result in hardship
or injustice, permit the retroactive enrollment of members and waive penalties
prescribed for delinquency in the payment of membership dues.
SCR
10.04 Officers. (1) Titles; Nomination and Election. The officers of the state bar include a
president, a president‑elect, an immediate past-president, a chairperson
of the board of governors, a secretary and a treasurer, who shall be nominated
and elected in the manner provided by the bylaws. Only active members of the state bar residing
and practicing law in
(2)
Duties of officers. (a) President. The president is the chief executive officer
of the association. He or she shall be a
member‑at‑large of the board of governors and shall preside at all
meetings and assemblies of the association and the executive committee. He or she shall make the appointments to and
designate the chairperson of all standing committees, create and appoint
special committees, and be a member, ex officio, of every committee.
(b) President‑elect and past president. The president‑elect and immediate
past-president shall each be a member‑at‑large of the board of
governors and the executive committee and shall perform all other duties
assigned to them by the president or board of governors or under these rules or
the bylaws. At the expiration of the one‑year
term of office of the president, the president‑elect shall succeed to the
office of president and the president shall succeed to the office of immediate
past-president.
(c) Chairperson, board of governors.
The chairperson of the board of governors shall be elected from the
board membership by its members and shall be a member‑at‑large of
the board of governors after his or her election. The chairperson shall be a member of the
executive committee ex officio and shall preside at all meetings of the board
of governors.
(d)
Secretary. The secretary shall be a member‑at‑large
of the board of governors. The secretary
shall confer with and generally supervise the executive director and the administrative
staff of the state bar as to the keeping of proper minutes and records, the
maintenance of correct membership files and mailing lists and the general
operation of the headquarters office and he or she shall make recommendations
thereon to the board of governors as required.
(e) Treasurer. The treasurer
shall be a member‑at‑large of the board of governors. The treasurer shall confer with and generally
supervise the executive director and administrative staff of the state bar as
to the methods and procedures used in the receipt, collection and safekeeping
of all funds of the state bar and the procedures for disbursement and audit of
the funds. The treasurer shall assist
the executive committee in preparing the annual budget and in presenting it to
the board of governors and shall make recommendations to the board of governors
as to the association's financial affairs, as required.
(3)
Compensation. The officers of the
association shall receive no compensation for their services, but shall receive
reimbursement of their expenses as authorized and directed by the board of
governors.
(3m)
Term of Office. The office of
president and chairperson of the board of governors shall be for one term
only. The offices of secretary and
treasurer may be held for more than one term.
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, five 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.
(2)
State bar districts. (a) For the
purpose of conducting elections of the members of the board of governors, the
board of governors shall divide the state into 16 state bar districts
comprising specified counties and shall establish the number of members of the
board of governors to be elected from each district.
(b)
The number of members of the board of governors elected from each state
bar district shall be in proportion to the number of active members entitled to
vote residing in the district and shall take into consideration all of the
following:
1.
The composition of the judicial administrative districts established by
sec. 757.60, Stats.
2.
The geographical area of each state bar district.
3.
All existing multi-county bar associations.
4.
The representation of members in each state bar district afforded by
members of the board of governors selected by divisions of the association
under sub. (1).
(c)
Every 10 years, commencing January 1, 1995, the board of governors shall
submit to the court a proposed redistricting map dividing the state bar into
districts in accordance with the requirements in par. (b).
(d)
Notice, filing, review, hearing and adoption of a redistricting proposal
submitted under par. (c) shall be provided in SCR 10.13(2) for amendment of
bylaws.
(3)
Term; qualifications; nomination and election. The term of office of each elected member of
the board of governors is 2 years, commencing on July 1 next following his or
her election. No person is eligible to
vote in a district for governor or to serve on the board of governors from a
district unless he or she is an active member of the association and maintains
in the district his or her principal office for the practice of law. No person is eligible for election to the
board of governors for more than 2 consecutive terms. The eligibility of any person to serve as a
member of the board of governors from any state bar district ceases upon
removal of the person's principal office for the practice of law from the district. Nominations and elections of members of the
board of governors shall be conducted in accordance with the provisions of the
bylaws.
(4)
Functions. (a) The board of governors has general charge of
the affairs and activities of the association. It may:
1.
Fix the time and place of the annual meeting of members of the
association.
2.
Make appropriations and authorize disbursements from the funds of the
state bar in payment of the necessary expenses of the association.
3.
Engage and define the duties of employees and fix their
compensation.
4.
Receive, consider and take action on reports and recommendations
submitted by committees, sections and the assembly of members of the
association at any annual or special meeting.
5.
Arrange for publication of official state bar publications.
6.
Conduct investigations of matters affecting the association or the
practice of law or the discipline of members of the association. 7. Fill vacancies arising in the membership of
the board of governors or in any office except the office of president. In each case the person appointed to fill the
vacancy shall hold office for the unexpired term.
8.
Adopt bylaws and regulations, not inconsistent with this chapter, for
the orderly administration of the association's affairs and activities.
(b)
The board of governors shall meet at least 4 times each year. 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.
(c)
The board of governors shall establish and maintain standing committees
having respectively the functions defined in the bylaws. The board of governors may create additional
standing committees and special committees and may define the authority and
functions of those standing and special committees.
(d)
The board of governors shall establish and maintain sections for
carrying on the work of the association, each within its proper field of study
defined in its bylaws. Each section
consists of members who voluntarily enroll in the section because of a special
interest in the particular field of law to which the section is dedicated. New
sections may be established and existing sections may be consolidated or discontinued
by the board of governors. Each section
shall be governed by bylaws not inconsistent with this chapter or state bar
bylaws. Section bylaws and amendments
thereto become effective upon approval of the board of governors.
(e)
A section may express a position on a matter involving a substantial
issue of public policy under the following conditions:
1.
The matter is one on which the section's views would have particular
relevance.
2.
The position is adopted in accordance with section bylaws. 3. The position is clearly taken only on behalf
of the section. 4. The section charges
annual dues at least equal to the cost of its legislative program so that the
cost need not be borne by section nonmembers.
The executive committee or board shall receive a summary of section
positions on matters involving substantial issues of public policy prior to
their publication but inaction by the executive committee or board shall not be
construed as support of such positions.
No committee of the association may publicly express any conclusion or
opinion respecting any substantial issue of public policy without having
procured previous authorization from either the board of governors or the
executive committee of the association.
This prohibition is not applicable to the public release of reports made
by committees to the board of governors prior to action thereon by the board,
unless the board has otherwise ordered.
If any committee or section of the association expresses publicly any
conclusion or opinion on matters other than substantial issues of public
policy, the expression shall indicate that the conclusion or opinion is that of
the section of committee from which it emanates, rather than the conclusion or
opinion of the state bar.
(f)
The members of the board of governors shall receive no compensation for
services to the association, but they and also the members of committees and
the officers and directors of sections and of the young lawyers division, the
government lawyers division, the nonresident lawyers division, and the senior
lawyers division may be reimbursed for necessary expenses in the performance of
their duties.
(g)
A summary of the minutes of each meeting of the board of governors shall
be provided to the membership in an official state bar publication, with a
notation that any interested member may obtain a copy of the minutes.
(h)
The board of governors shall establish and maintain a young lawyers
division. Membership in the division
shall be voluntary. Those eligible for membership
in the young lawyers division shall be any member of the state bar under the
age of 36 years or any member, irrespective of age, during the first 5 years
following admission to the bar. This
division shall be governed by bylaws not inconsistent with state bar rules and
bylaws. The division bylaws and
amendments thereto become effective upon approval of the board of
governors. The young lawyers division
shall stimulate the interest of young lawyers in the objectives and programs of
the state bar and carry on projects which will be of assistance to young
lawyers.
(i)
The board of governors shall establish and maintain a government lawyers
division. Membership in the division
shall be voluntary. Those eligible for
membership in the government lawyers division shall be any member of the state
bar who is a salaried employee of any government. This division shall be governed by bylaws not
inconsistent with state bar rules and bylaws.
The division bylaws and amendments thereto become effective upon
approval of the board of governors. The
government lawyers division shall promote effective collaboration between the
private and public sectors of the bar and provide for the participation of
publicly employed members in the governance of the state bar.
(j)
The board of governors shall establish and maintain a non‑resident
lawyers division. Membership in the
division shall be voluntary. Those
eligible for membership in the non‑resident lawyers division shall be any
member of the state bar who has an address of record outside the state of
(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 of 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 and carry on activities which will be
of assistance to senior lawyers in the practice of law.
(m) 1. Establishment. The board of governors may provide assistance
programs, including assistance in law office management, and assistance to
judges, lawyers, law students, and their families in coping with alcoholism and
other addictions, mental illness, physical disability, and other problems
related to or affecting the practice of law.
The board may establish committees, hire staff, and obtain volunteers as
reasonably necessary to provide assistance.
The board shall establish policies consistent with the purposes of the
state bar and in furtherance of the public interest in the competence and
integrity of the legal profession.
2. Privileges, immunity. Communications with an assistance committee
member, staff, or volunteers by any person providing information in good faith
are privileged; no lawsuit based upon these communications may be instituted by
any person. In providing assistance
services, the board, members of assistance committees, staff, and volunteers
designated by the board shall be immune from suit for any conduct in the course
of their official duties.
3. Confidentiality. All communications with an assistance
committee member, staff, or volunteer, and all records of program assistance to
a person are confidential and shall not be disclosed, except in any of the
following circumstances:
a. With the express consent of the person
provided assistance.
b. When required as a condition for monitoring.
c. When reasonably necessary to prevent death or
substantial bodily harm to the person assisted or to another.
d. When reasonably necessary to prevent child
abuse or elder abuse.
e. When reporting is mandated by other law.
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, 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.
(2)
Powers. The executive committee
may exercise all the powers and perform all the duties of the board of
governors between the meetings of the board except the executive committee
shall not, unless otherwise authorized by the board of governors: amend the
bylaws; make rules or regulations governing nominations or elections; prescribe
regulations for proceedings before grievance committees; or initiate the taking
of any referendum or poll of members of the association. The executive committee shall directly
receive and act upon all reports of committees on disciplinary matters without
reporting to the board of governors. The
minutes relating to disciplinary matters shall be kept separate from the
general minutes and shall be confidential.
The executive committee shall prepare an annual budget for submission to
the board of governors and shall perform such other duties as the board of
governors may prescribe. Unless otherwise ordered by the board of governors,
the executive committee shall not express publicly any opinion on any matter
including legislation of major public interest or concern or of major
importance to the members of the association.
A summary of the general minutes of each meeting of the executive
committee shall be provided to the membership in an official state bar
publication.
(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 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, facsimile, or e-mail.
SCR
10.07 Meetings of the association. (1) Annual
meeting. There shall be an annual meeting of the members of the state bar each
year. The board of governors shall
determine the time and place of the annual meeting and shall arrange a suitable
program.
(2)
Assembly of members. An assembly
of the members of the state bar may be held at each annual meeting for the
purpose of discussing any issues of association public policy.
SCR
10.08 Referendum procedure. (1) Time of
holding. All referendums shall be
conducted in any calendar year at the same time as and simultaneous with the
election of officers and members of the board of governors of the state bar.
(2)
Time for filing request. In order
to be submitted to the membership in the regularly scheduled spring elections,
petitions for referendum initiated by members of the state bar must be filed at
the state bar headquarters no later than the first business day in
January. Nothing in this rule is
intended to prohibit the submission of referendum petitions at any time in the
preceding calendar year after the completion of state bar elections for that
year. Any referendum authorized by the
board of governors shall be authorized on or before February 28 of the calendar
year in which the referendum is to be held.
(3)
Subject matter of referendum. (a)
A referendum may inquire as to the opinion of members on any matter of public
policy which is properly the subject of any action by the association,
including proposals for change in the rules or bylaws of the association,
except no referendum may be held on administrative or personnel matters and
expenses or retroactively on dues.
(b) The same substantive question
shall not be submitted to the members by referendum more frequently than one
time in two calendar years.
(4)
Governors may initiate. The board
of governors may, by the affirmative vote of two‑thirds of its
membership, refer to the active members of the association for determination by
mail ballot any appropriate question of public policy, as provided in sub.
(3).
(5)
Members may initiate by petition.
When required by petition as set forth herein, the board of governors
shall submit for determination by the members of the association any question
appropriate for referendum, as provided in sub. (3).
(a) The petition shall succinctly and
clearly state the question to be submitted by referendum.
(b) A referendum must be requested by
petitions containing the signatures of 1,000 members of the state bar eligible
to vote.
(c) Each petition shall contain (i)
the member's signature and full name clearly printed or typed, (ii) the address
of the member's principal office for the practice of law and (iii) the date on
which the petition was signed.
(d) Each petition shall be circulated
by an active member in good standing of the state bar.
(e) The petitions shall be verified by
the circulator who shall swear that the circulator personally obtained all
signatures set forth on the petition and knows them to be members of the state
bar as represented therein.
(f) The 1,000 signatures required
shall include not less than 50 signatures from each of six separate districts
from which members of the state bar board of governors are elected.
(g) All signatures must be obtained
within a period of ninety days before the date the petition is filed.
(h) The petition shall designate the
person to be notified of any insufficiency or improper form under sub. (7).
(j) Members can obtain a petition form
from the executive director.
(k) Non-resident members are
considered to reside in a single, non-resident district.
(6) Procedure for filing
petition.
(a)
The petition must be complete when filed with the state bar headquarters. Upon filing, the petition shall be examined
by the state bar executive director or his or her designee in order to
determine all of the following:
1. Whether the question is properly the subject of a
referendum.
2. Whether the signatures are of members of the state bar
who are eligible to vote.
3. Whether the signatures satisfy the geographic
distribution and time requirements set forth in sub. (5)(f) and (g).
4. Whether the petition is otherwise in order as required
by this section.
(b) The ruling of the executive director shall be
communicated to the person designated in the petition as soon as practicable
and within 2 weeks after the date on which the petition is filed.
(7)
Framing the question. Upon
receipt by the state bar of a referendum petition as described above and
certification by the executive director as to the validity of the petition, the
state bar president shall appoint a committee to frame the exact question to be
submitted to the members. That committee
shall include the person designated in the petition. The committee shall be responsible for
framing the question in a form that is clear, intelligible and meaningful.
(8)
Final certification by board of governors. Any dispute as to the certification of the
validity of the petition by the executive director, or the framing of the
question by the special committee described above, shall be submitted to the
board of governors who shall determine the validity of the petition and the
form in which the question shall appear on the referendum ballot.
(9)
Publication of question. As to
all questions to be submitted to the members by referendum, space in a
reasonable amount shall be provided to both the proponents and the opponents of
the proposition. This space shall be
made available without charge in the state bar's official publication one month
prior to mailing of the referendum ballots or in another state bar mailing to
all eligible voters. State bar mailing
lists shall be equally available at the same costs to both proponents and opponents
of any referendum.
(10)
Conduct of election. The mailing
of the ballots, the return of the ballots, the counting of the ballots and the
reporting of the results shall be conducted in the same manner as set forth in
article 3, sections 4 through 8 of the bylaws for the election of the board of
governors.
(11)
Binding effect. A referendum
receiving an affirmative vote of a majority of the votes cast, provided that at
least 25% of the eligible voters vote, shall establish state bar policy until
such time as that policy may be changed or modified according to the
requirements of supreme court rules or state bar bylaws.
SCR
10.09 Disbursements. (1) The board of governors shall make necessary
appropriations for disbursements from the funds in the treasury to pay all
necessary expenses of the association, its officers and committees. It shall be the duty of the board of
governors to cause proper books of account to be kept and to procure an annual
audit thereof by a certified public accountant.
(2)
A financial statement showing assets, liabilities, receipts and
disbursements of the state bar shall be provided annually to the membership in
an official state bar publication. A
copy of the annual audit shall be filed with the supreme court.
SCR
10.10 Committee to review bar
performance. The supreme court shall appoint a committee
to review the performance of the state bar in carrying out its public functions
at such time as the court deems it advisable.
The supreme court shall determine in its order of appointment the size
and composition of the committee. The
state bar shall pay the expenses of the committee.
SCR
10.11 Executive director. There shall be
an executive director of the state bar who is the chief executive officer of
the administrative staff and in direct charge of the state bar office, its
records, property and equipment. The
executive director shall be hired by the board of governors under terms of
employment and compensation fixed by the board.
The executive director shall devote full time to the affairs of the
state bar. Subject to the general
control of the officers, executive committee and board of governors and as
appropriate and consistent with the requirements of these rules and the bylaws,
the executive director shall:
(1)
Attend meetings of the executive committee and board of governors and
keep and disseminate the minutes of the meetings.
(2)
Collect, deposit and disburse the association's funds pursuant to the
budget and shall invest surplus funds at the direction of the executive
committee.
(3)
Maintain membership lists and individual member files.
(4)
Advise and assist the officers, governors, sections and committees.
(5)
Make the arrangements for association meetings.
(6)
Perform other duties as directed by the board of governors or officers
or as prescribed by this chapter or the bylaws.
SCR
10.12 Official publication; notice to
members. (1) Official
Publication. The Wisconsin Lawyer
magazine or its successor is the official print publication of the state bar of
Wisconsin. The state bar may designate
electronic media as official publications for the purpose of providing notices
to members.
(2) Notice to
Members. The state bar shall publish
notices required by supreme court rules or state bar rules and bylaws. Such publication shall constitute official
notice to state bar members.
(3) Publication
Plan. The state bar board of governors
shall approve a plan for how the state bar will publish notices to members
required by the supreme court rules or state bar rules or bylaws. That plan will be published in the Wisconsin
Lawyer or its successor and on the state bar’s website. The state bar will provide notice to members
whenever the plan is amended.
SCR
10.13 Amendment. (1) Amendment of rules. Proposals for amendment or abrogation of
provisions of this chapter may be presented to the supreme court by petition of
the board of governors or by petition approved by the members of the
association through the referendum procedure set forth in SCR 10.08. Hearing upon such a petition will be pursuant
to notice in such manner as the court directs.
(2)
Amendment of bylaws. The
provisions of the bylaws of the state bar of Wisconsin are subject to amendment
or abrogation by resolution adopted by vote of two‑thirds of the members
of the board of governors, or action of the members of the association
expressed through the referendum procedure defined in SCR 10.08. When any
change in the bylaws has been made by the board of governors the executive
director shall publish notice of the change, including a copy of the amendatory
resolution, in an official state bar publication pursuant to SCR 10.12 and
shall file a certified copy thereof with the clerk of the supreme court. A
petition for review of any such change in the bylaws will be entertained by the
court if signed by 25 or more active members of the association and filed with
the clerk of the court within 60 days after publication of notice of the
change. Hearing upon such a petition
will be pursuant to notice in such manner as the court directs.
SCR
10.14 [Deleted.]
Amended November 11, 1980; June 1, 1983; January 21,
1986; February 21, 1986; October 21, 1987; April 11, 1989; January 22, 1990;
November 6, 1990, March 13, 1992; May 7, 1992; April 14, 1993; March 21, 1995;
April 12, 1996; October 30, 1998; November 14, 2001; February 12, 2008; January
1, 2009; July 1, 2010; January 1, 2012; January 1, 2014; July 1, 2014; July 3,
2014; March 6, 2015..
APPENDIX
State Bar By‑Laws
Article I
Membership
Section 1.
Membership Register. The Association shall maintain a membership
register for the enrollment of members of the State Bar, which shall contain as
to each member a record showing the member's address, date of registration,
class of original membership and each subsequent change of membership status,
and such other information as may be required by the Board of Governors from
time to time.
Every
member shall enroll in the State Bar by signing and filing in the office of the
Association a registration card showing the following information concerning
the registrant:
(a) Full
name.
(b) Residence
address.
(c) Office
address. Location of principal office.
(d) Date
of admission to practice in Wisconsin.
(e) Date
of admission to practice in any state or states other than Wisconsin.
(f) Date
and place of birth; and in the case of a naturalized person, the date and place
of naturalization.
(g) Particulars
regarding any previous suspension or revocation of right to practice law in any
state or country.
(h) Name
of law school and year of graduation.
(i) Social
security number.
Every change after enrollment in respect of
any of the matters above specified shall be promptly reported to the Executive
Director. Communications from the Association to any member shall be sent to
the latest address furnished by such member. At the time of enrollment of each
member admitted to practice after these rules take effect, the Association
shall deliver to the new member a copy of the lawyer's oath set forth in sec.
757.29, Wisconsin Statutes.
Section 2. Membership Dues. Membership dues shall be paid on the basis of a July
1 through June 30 fiscal year and shall be due and payable to the treasurer on
July 1 beginning each such year. Membership dues for the fiscal year in which
admission to the State Bar occurs shall be paid by the due date stated on an
initial dues statement as follows: (i) for those admitted between July 1 and
December 31, full applicable annual dues; (ii) for those admitted between
January 1 and April 30, one-half applicable annual dues; (iii) for those
admitted between May 1 and June 30, no dues. The Board of Governors may exempt
any member serving in the armed forces of the United States at the date of
admission or at the beginning of any fiscal year, provided satisfactory proof
of exemption is submitted to the Executive Director within 60 days of the date
dues otherwise would be payable. The
Board of Governors shall exempt any newly admitted member who qualifies for an
exemption under Wis. Stat. 45.44(3) from their initial dues upon certification
of eligibility from the Board of Bar Examiners.
For those admitted between May 1 and June 30, the waiver will apply to
the first dues owed for the fiscal year following admission.
Section 3. Penalty for Nonpayment of Dues. (a) Any member admitted to the State Bar prior to
July 1 whose dues are not paid by September 1 shall be notified of his or her
delinquency and the consequent penalties by certified mail sent to the member's
last known address prior to October. Failure to pay the dues by October 31
shall automatically suspend the delinquent member. The names of all members
suspended from membership by the nonpayment of dues shall be certified by the
Executive Director to the Clerk of the Supreme Court and to each judge of a
court of record in this state, after first mailing a copy of such list to each
suspended member 10 days before it is filed with the Supreme Court.
(b)
Any member admitted to the State Bar on or after July 1 and whose dues are not
paid within 60 days after the due date stated on his or her initial dues
statement shall be notified of his or her delinquency and the consequent
penalties by certified mail sent to the member's last known address within 90
days after the initial due date. Failure to pay initial dues within 120 days
from the initial due date shall automatically suspend the delinquent member,
and the Executive Director shall certify such suspension in the manner provided
by these bylaws.
(c)
Whenever a member so suspended for nonpayment of membership dues makes full
payment of the amount owing, and in addition thereto the sum of twenty dollars
as a penalty, the member shall be reinstated as a member by the Board of
Governors, and the fact of reinstatement shall be certified by the Secretary to
the Clerk of the Supreme Court. Provided however in the case of any person
whose membership dues shall have been in arrears for a period of three or more
consecutive years, no application for reinstatement shall be granted unless
ordered by the court. Provided further however, that no person whose membership
is suspended for the nonpayment of dues shall be entitled to practice law
during the period of such suspension.
Section 4. Hardship Cases. The Executive Director, with the approval of the
President, may in individual cases waive or refund dues or penalties in any
case where to do otherwise would work an injustice or an undue hardship. All
such waivers or refunds shall be reported to the Board of Governors.
Section 5. Dues Reduction Arbitration Procedure. (a) Demands for arbitration of the dues reduction
under SCR 10.03(5)(b) shall be made in writing and shall be delivered to the
Executive Director of the State Bar within 30 days of receipt of the member's
dues statement. Delivery may be made in person or by first class mail, and
mailed demands will be deemed delivered upon mailing. Demands shall include the
name and address of the member or members demanding arbitration, a brief
statement of the claim or objection, and the signature of the member or
members.
(b)
If one or more timely demands for arbitration are delivered, the State Bar
shall agree to submit the matter forthwith to arbitration. All timely demands
for arbitration shall be consolidated for hearing before the arbitrator
appointed, and the provisions of sec. 788, Stats., shall apply as if the
parties had entered into a written agreement for arbitration1. A member
demanding arbitration is required to pay his or her dues by October 31 or 15
days following the arbitrator's decision, whichever is later. Failure to pay
dues by such date shall automatically suspend the delinquent member.
(c)
Upon receipt of all demands for arbitration, the State Bar shall apply for
appointment of an impartial arbitrator to the Chief Judge of the Federal
District Court for the Western District of Wisconsin.
(d)
Members demanding arbitration shall have access to the financial records upon
which the State Bar based the determination of the amount of dues that can be
withheld. These records shall be available for inspection and copying during
normal business hours. Copying shall be at the member's expense.
(e)
The arbitrator shall determine the date, time and location of the arbitration
hearing(s) or the briefing schedule, as the case may be, and shall so notify
the parties at least 15 days prior to said hearing(s) or the deadline for the
filing of the opening brief. The arbitrator will promptly hold hearings in
which the parties will be permitted to participate personally or through a
representative, unless the parties agree that the matter may be decided on
briefs. The State Bar shall bear the burden of proof regarding the accuracy of
the determination of the amount of dues that can be withheld. All parties will
be given the opportunity to present evidence and to present arguments in
support of their positions. The arbitrator shall not be deemed a necessary
party in judicial proceedings relating to the arbitration. The arbitrator shall have no authority to
add, subtract, set aside or delete from any Supreme Court Rules, or State Bar
bylaw. Unless otherwise agreed by the
parties, the following rules shall apply to the arbitration proceedings:
i.There
will be no transcripts or post-hearing briefs.
ii.The
arbitrator will issue an award stating the reasons for the decision within 30
business days of the closing of the hearing. The opinion will be brief, and
based on the evidence and arguments presented.
iii.The
arbitrator will charge a reasonable hourly fee for services, including the
hearing, preparation and study time, and shall be reimbursed for all necessary
expenses of the arbitration.
iv.The
hearing(s) or the briefing schedule, as the case may be, shall be completed
within 60 days of appointment of the arbitrator.
(f)
Members first admitted to the State Bar after the date of notification to
members shall be given that notification with their initial dues statements.
Such members shall be further notified that they may deliver a demand for
arbitration within 30 days following receipt of the notification. If
arbitration is pending at the date of delivery of a demand for arbitration by a
newly admitted member, the newly admitted member's demand shall be consolidated
with the pending arbitration. All of the provisions of this section shall
otherwise apply to demands for arbitration filed by newly admitted members.
1
"The arbitrator's decision would not receive preclusive effect in any
subsequent section 1983 action." Chicago Teachers Union v. Hudson, 472
U.S. 292, 308 n. 21 (1986).
Article II Officers
Section
1. Nominations. The
President-Elect, the Secretary and the Treasurer of the State Bar shall be
elected from a list of candidates nominated in the following manner:
(a)
The President of the Association with approval of the Board of Governors shall
appoint a committee of five members to nominate candidates for said offices to
be voted on at the next annual election. The nomination committee shall be
approved at the first regularly scheduled Board meeting following the annual
convention. The committee shall issue a report naming two or more nominees for
the Office of President-Elect, two or more nominees for the Office of Secretary
and two or more nominees for the Office of Treasurer. Before making its report,
the committee shall solicit from the membership the names of members interested
in seeking nomination to any office scheduled for election. The committee shall
make its report no later than December 15 in each year.
(b)
Other persons may be nominated for any of said offices by petition. Each
nominee must provide a petition signed by not less than one hundred active
members of the Association. The petition must be filed in the Office of the
Executive Director on or before the first business day of February of the year
of the election. Before such a petition may be filed, the nominee must consent
in a written statement to nomination for the office designated in the petition.
Section 2. Voting and Canvass of Ballots. The provisions of Sections 4 to 8 inclusive of
Article III of these By-Laws relating to the election of members of the Board
of Governors shall be applicable also to the election of officers.
Section 3. Election of Chairperson of the Board of
Governors. The Board shall elect a
Chairperson of the Board of Governors from its members at its last regular
meeting each fiscal year. The President shall appoint a nominating committee
from the governors at the second to last regular Board meeting of the fiscal
year. The committee shall nominate one or more candidates for this office.
Those eligible for nomination and election to this office are: all current
Board members, including members whose second terms expire that June, except
for the President and President-Elect. While serving as Chairperson of the
Board, the Chairperson of the Board shall be a governor at large and no longer
a district governor.
Section 4. Commencement of Term of Office. The terms of all out-going officers of the
Association and the Chairperson of the Board of Governors shall end, and the
term of their successors shall commence, on the first day of July.
Section 5. Vacancies. A vacancy is created by the death, incapacity,
inability to serve, revocation, suspension, or relinquishment of law licensure,
or resignation of an officer, or by removal of an office pursuant to section
7.
a)
President. If the office of President becomes vacant, the President-elect shall
succeed to the office of President for the unexpired term of the President and
shall serve a one-year term thereafter, if the President-elect was elected as
President-elect at the previous annual election.
(b)
President-elect. A vacancy in the office of President-elect shall be filled by
a vote of a majority of the total membership of the Board of Governors. A President-elect so chosen shall succeed to
the office of President only if necessary to fill a vacancy as provided for in
this section and shall not serve an additional one-year term as President
unless elected as such at the next annual election or at an earlier special
election as the Board of Governors may require.
(c)
Secretary. A vacancy in the office of Secretary shall be filled by a vote of a
majority of the total membership of the Board of Governors. A Secretary so chosen shall not serve an
additional term as Secretary unless elected as such at the next scheduled
election for secretary, or at an earlier special election as the Board of
Governors may require.
(d)
Treasurer. A vacancy in the office of Treasurer shall be filled by a vote of a
majority of the total membership of the Board of Governors. A Treasurer so chosen shall not serve an
additional term as Treasurer unless elected as such at the next scheduled
election for treasurer, or at an earlier special election as the Board of
Governors may require.
Section 6. Temporary Vacancy. If an officer is temporarily unable to perform his or
her duties, the Board may appoint a temporary replacement, who shall serve no
longer than the remainder of the officer's unexpired term, or until the
inability to serve or license status issue is resolved, whichever occurs first.
Section 7.
Removal. An officer may be removed
from office as follows: Revocation, Suspension or Relinquishment of Law
License. If an officer's license to
practice law is revoked or relinquished during his or her term, the officer
shall immediately be removed from office, without further notice. If the officer's license to practice law is
suspended for a term less than the time remaining on his or her term, the
officer's position will be considered temporarily vacant.
Article III Board of Governors
Section
1. Qualifications of Electors. Each
member of the Board of Governors shall be elected by the active members of the
State Bar eligible to vote in the State Bar District in which such member of
the Board of Governors has his or her principal office for the practice of law.
Section 2. Term. At the annual election members of the Board of Governors shall be
elected in the several State Bar districts by the members entitled to vote in
each Bar district where there is a vacancy or vacancies for governor or
governors whose terms expire.
Section 3. Nomination Petitions. Nominations for the Office of Governor shall be by
petition signed in respect of each nominee by not less than ten persons
entitled to vote for such candidate. Blank forms for that purpose shall be
supplied by the Executive Director of the Association on request. Nomination
petitions for candidates to be voted on at the annual election in any year
shall be filed in the office of the Executive Director not later than the first
business day of March of such year, provided that before the filing of such
petition a statement shall be endorsed thereon by the nominee to the effect
that the nominee consents to nomination for the office designated in the
petition. No nominating petition for governor shall be filed on behalf of any
member practicing in the same county in which another member is a governor
whose term does not expire at the next annual meeting.
Section 4. Voting List. On the third Friday of March in each year the voting
list shall close for the election in that year. Every active member of the
Association in good standing on that date shall be entitled to vote in the
State Bar District in which the member's principal office for the practice of
law is located, for officers of the State Bar and for the governor or governors
for such district to be elected that year.
Section 5. Mailing of Ballots. On or before the second Friday of April in each year
the Executive Director shall prepare and mail required ballots to each active
member of the State Bar entitled to vote at the annual election. One form of
ballot sent to persons entitled to vote in each State Bar District shall
contain the names of the nominees for the several offices of the State Bar to
be filled at the annual election, and a separate form of ballot shall contain
the names of the nominees for the Office of Governor from such district. If any
such person entitled to vote in such election fails to receive his or her
ballots, or if it appears that any such ballot has been lost or destroyed, a
new ballot shall be furnished to the person by the Executive Director. The
fourth Friday of April in each year shall be the last day for voting in such
election and no ballots received after that date shall be counted.
Section 6. Voting of Ballots. No ballot shall be counted unless returned to the
Office of the Executive Director of the Association on or before the last day
for voting, in an envelope furnished by the Executive Director marked
"Ballot."
Section 7. Checking and Custody of Ballots. The Executive Director shall receive and have custody
of the ballots after they are voted until they are canvassed. All such ballots
shall be segregated as to State Bar districts from which they are received. The
envelope containing the ballots shall be retained unopened until turned over to
the certified public accountant for canvass.
Section 8. Canvass of Ballots. The ballots shall be canvassed by a certified public
accountant selected by the Executive Committee. The candidate receiving the
highest number of votes for each office shall be declared elected. In case of a
tie vote the Executive Committee shall determine the successful candidate by
lot drawn by the Committee. The certified public accountant shall certify the
results to the Executive Director, who shall forthwith notify the candidates
and announce the results. Upon completion of the canvass, the certified public
accountant shall retain the ballots subject to the further order of the Board
of Governors.
Section 9. Vacancy. A vacancy is created by the death, incapacity, inability to serve,
revocation, suspension, or relinquishment of law license, or resignation of a
governor, or by removal of a governor pursuant to section 10.
(a)
Governor. Any vacancy in the office of an elected governor shall be filled by
the Board for the remainder of the unexpired term. Any member appointed to fill such a vacancy
shall be eligible for election to two consecutive full terms as a governor. Any vacancy in the office of an appointed
public member shall be filled by the Supreme Court. Any vacancy in the office of a division
representative shall be filled in accordance with the bylaws of the division.
(b)
Temporary Vacancy. If a governor is temporarily unable to perform his or her
duties, the Board may appoint a temporary replacement, who shall serve no
longer than the remainder of the governor's unexpired term, or until the
inability to serve or license status issue is resolved, whichever occurs
first. The replacement shall be a member
whose principal office, or residence, if the member has no principal office, is
in the same district as that of the governor who is being temporarily replaced.
Section 10. Removal. A Governor may be removed from office as follows: Revocation,
Suspension or Relinquishment of Law License.
If a governor's license to practice law is revoked or relinquished
during his or her term, he or she shall immediately be removed from the Board,
without further notice. if the
governor's license to practice law is suspended for a term less than the time
remaining on his or her term, the Governor's position will be considered
temporarily vacant.
Section 11. Meetings of Board of Governors. (a) There shall be a regular meeting of the Board of
Governors in each year at the time of the annual meeting of members of the
State Bar. There shall be at least three additional regular meetings in each
year. The meetings shall be on the dates set by the President and announced no
later than thirty days following the President's assumption of office on July
1. Special meetings of the Board of Governors may be held at any time upon call
of the President, and shall be called by the President upon written request
signed by seven members of the Board.
(b)
Notice of the time and place of regular and special meetings of the Board shall
be given to each member by the Executive Director by mail or telephone at least
five days before the meeting. At any regular meeting of the Board any business
may be transacted which is within the power of the Board, whether or not
specified in the call or notice of the meeting. At any special meeting of the
Board, any business may be transacted which is within the power of the Board if
specified in the call or notice of the meeting. Members of the Board may
participate and vote by telephone at any special meeting, but not at a regular
meeting. Members appearing by telephone at a special meeting shall be deemed
present for the purpose of determining a quorum. Action by the Board may be
taken by a majority of members present at a meeting at which a quorum is
present, except action upon legislative proposals, proposed supreme court rule
changes and proposed executive agency rule changes shall require approval by a
60% majority of members present at a meeting at which a quorum is present. At
any regular or special meeting, any business placed on a consent agenda that is
part of the notice or call will be acted upon without debate. Business listed
on the consent agenda may be removed by any one governor within a 72-hour
notice to the Secretary of the State Bar.
Section 12. Members of Judicial Council. Upon expiration of the term of office of each member
of the Judicial Council selected by the Wisconsin Bar Association pursuant to
the provisions of sec. 758.13, Wisconsin Statutes, the successor in such office
shall be elected from the active members of the State Bar in the manner
provided for the election of officers.
Section 13. American Bar Association Delegates. (a) Upon expiration of the term of office of each
State Bar delegate of the House of Delegates of the American Bar Association,
the successor shall be elected by the Board of Governors and every vacancy
thereafter occurring in such office shall be filled in the manner specified
below.
(b)
The election of delegates shall be held at the meeting of the Board of
Governors held in conjunction with the annual meeting of the State Bar of
Wisconsin each year.
(c)
Qualification for election as State Bar of Wisconsin delegate to the American
Bar Association House of Delegates shall be membership in the State Bar of
Wisconsin and the American Bar Association and shall be made by petition of
nomination to such office endorsed by at least ten members of the State Bar of
Wisconsin Board of Governors, except that a candidate for Young Lawyer delegate
who is otherwise qualified under section 6.4 of the American Bar Association
Constitution shall be nominated by petition endorsed by at least four members
of the Young Lawyers Division Board of Directors. Members of the State Bar of
Wisconsin Board of Governors or, in the case of nomination of the Young Lawyer
delegate, members of the Young Lawyers Division Board of Directors, may endorse
any number of candidate petitions. Petitions for nomination shall be
substantially in the form of petition for election to the State Bar of
Wisconsin Board of Governors as prescribed in Article III, Section 3 of the
State Bar of Wisconsin Bylaws with appropriate changes in order to make the
petition germane to this purpose. Petitions for nominations shall be filed in
the office of the Executive Director of the State Bar of Wisconsin no later
than the 15th day of April in the year the election is to be held.
(d)
Notice of election for terms of delegates expiring at the close of the American
Bar Association Annual Meeting each year shall be substantially in the form as
the notice attached hereto as Exhibit A. Said notice shall be published in
February in an official State Bar publication pursuant to SCR10.12.
(e)
Commencing with delegates elected at the meeting of the Board of Governors held
in conjunction with the 1994 Annual Meeting of the State Bar of Wisconsin, no
candidate shall be elected to more than three consecutive terms.
Exhibit A
Notice
of Election of State Bar of Wisconsin Delegates to the American Bar Association
House of Delegates.
An
election of two members or in odd numbered years, one member and one member of
the Young Lawyers Division, of the State Bar of Wisconsin to the American Bar
Association House of Delegates (House) will be held at the meeting of the Board
of Governors on the _____ day of ____ 20 ____. Those members interested in
representing the State Bar of Wisconsin in such capacity are referred to
Article III, Section 11 of the State Bar of Wisconsin Bylaws for qualifications
for election and election procedure. Below is a brief description of the
American Bar Association House of Delegates as well as the duties of said
office.
The
House has the ultimate responsibility for establishing Association policy, both
as to the administration of the Association and it positions on professional
and public issues. The House elects the officers of the Association and members
of the Board of Governors upon nomination of the Nominating Committee. The
House has sole authority to amend the Association's Bylaws and has authority to
amend the Association's Constitution upon concurrence of the Association's
Assembly of members. The House authorizes committees and Sections of the
Association and has the authority to discontinue them. The House sets the dues
for membership upon recommendation of the Board of Governors.
A
Delegate is responsible for attending each meeting of the House, participating
fully in its proceedings and discharging the responsibilities of the House. The
State Bar of Wisconsin reimburses the expenses incurred by its delegates for
transportation and lodging for the meeting of the House held at the Annual
Meeting of the American Bar Association. The American Bar Association
reimburses the expenses, which conform to the American Bar Association policy,
incurred by all delegates for transportation to the Mid-year meeting of the
House. The State Bar reimburses its delegates for lodging expenses incurred by
its delegates at the Mid-year meeting of the house.
It
is the responsibility of each Delegate to keep his or her constituency fully
apprised of the actions taken by the House, and, to the extent possible,
matters pending before the House; and to assist constituent entities in
presenting issues of concern for debate and action by the House.
Article IV Standing Committees
Section
1(a). Appointment. Number of Members. Term. Each of the
standing committees other than the Committee on Legal Assistance and the
Continuing Legal Education Committee shall consist of 12 members. The Committee
on Legal Assistance shall consist of 18 members, 3 of whom are attorneys
employed by legal services, legal aid, or legal assistance providers. The
Continuing Legal Education Committee shall consist of 13 members, one of whom
must be a member of the Government Lawyers Division. The members of each such
committee shall be appointed by the President for a term of three years, so
arranged that the term of office of only one-third of the members shall expire
in any year. No person is eligible for appointment to the same committee for
more than two consecutive terms. The Government Lawyers Division member of the
Continuing Legal Education Committee shall be appointed by the President for a
term of one year. The chairperson of each committee shall be designated by the
President for a term of one year. In the event of any vacancy in any committee
it shall be filled by appointment by the President for the unexpired term.
Members of committees shall serve until the appointment of their respective
successors. A majority of the members of any committee shall constitute a
quorum for the transaction of business. Each committee shall keep a record of
its meetings and proceedings and shall submit an annual report to the Board of
Governors. The Board of Governors may assign powers or duties to any standing
committee in addition to those hereinafter set forth.
(b) Removal for Nonattendance. After two
consecutive nonexcused absences from meetings of any committee, the chairperson
of the committee shall report said absences to the President. The President
shall thereupon notify such member of the member's removal from the committee,
and appoint a replacement for the balance of the term of office.
Section 2. Committee on Continuing Legal Education. This committee shall provide guidance for the State
Bar of Wisconsin's continuing legal education program, which is designed to
serve the public interest by improving the competence of lawyers. Competence
includes knowledge of substantive and procedural law, principles of ethics and
professionalism, and techniques of law practice management. The continuing
legal education program should be committed to providing a range of high
quality educational and practice resources at competitive prices while
recognizing that its long term vitality is dependent upon fiscal
responsibility.
Section 3. Committee on Professional Ethics. This committee shall formulate and recommend
standards and methods for the effective enforcement of high standards of ethics
and conduct in the practice of law; shall consider the "Rules of
Professional Conduct for Attorneys" as adopted by the Wisconsin Supreme Court
and the observance thereof, and shall make recommendations for appropriate
amendments thereto. The committee shall have authority to express opinions
regarding proper professional conduct, upon written request of any member or
officer of the State Bar. However, the committee shall not issue opinions as to
the propriety of past or present conduct of specific member attorneys unless
requested to do so by a grievance committee of the State Bar or by the Board of
Governors of the State Bar. Unless waived by the requestor or subject, the
identities of all requestors of past and current opinions or advice shall be
confidential and information relating thereto shall also remain confidential.
Members of the committee or designees who provide ethics advice to member
attorneys shall be subject to this requirement of confidentiality.
Section 4. Committee on Communications. This committee shall create, develop and implement
effective means and methods of communication between the State Bar, courts,
attorneys, clients, all forms of media and the general public. It shall
suggest, encourage and foster the activities of local bar associations in
communicating more efficiently and effectively in their respective areas. It
shall be responsible for the relations of the State Bar to the public and shall
report and make recommendations from time to time to the Board of Governors.
Section 5. Committee on Legal Assistance. This committee shall promote the establishment and
efficient maintenance of legal aid organizations equipped to provide legal
services to those unable to pay for such service; shall study the
administration of justice as it affects persons in the low income groups; and
shall study and report on methods of making legal service more readily
available to persons of moderate means, and shall encourage and assist local
bar associations in accomplishing this purpose.
Section 6. Special Committees. Each special committee shall consist of a number of
members determined and appointed by the President or, if the special committee
is a committee of the Board of Governors, such number as shall be determined
and appointed by the President with the advice and consent of the Board of
Governors. Appointments to special committees shall be for a term of one year.
No person is eligible for appointment to the same special committee for more
than four consecutive years. Creation or abolition of a special committee by
the President is subject to review and approval by the Board of Governors. The
Chairperson of each special committee, other than a committee of the Board,
shall be designated by the President for a term of one year. The Chairperson of
each committee of the Board shall be designated by the Board for a term of one
year. In the event of any vacancy in any special committee, it shall be filled
by appointment by the President or, in the event of a vacancy in a committee of
the Board, by the Board for the unexpired term. Members of the special committee
shall serve until the appointment of their respective successors. Each special
committee shall keep a record of its meetings and proceedings and shall submit
an annual report to the Board of Governors. The members of any special
committee shall be subject to the removal provisions contained in Section 1(b).
Section 7. Legislative Oversight Committee.
(a) Composition. The Legislative Oversight shall be a standing committee composed of
nine voting members, selected as follows: The President shall appoint four
committee members, including the committee chair, each year; and the Section
Leaders Council shall elect one member. Members shall serve for two-year terms.
The first year that this Section becomes effective, the current president shall
appoint eight members: four to two year terms and four to one year terms. The
Executive Director and the State Bar Director of Public Affairs shall serve as
ex-officio/nonvoting members. A vacancy shall be filled by the person or body
responsible for originally appointing or electing the member whose departure
from the committee has created the vacancy. Members of the Legislative Oversight Committee
shall represent the State Bar as a whole and do not represent any individual
section, division, or constituency. The committee shall recommend action(s)
consistent with the overall best interest of the State Bar.
(b)
Functions. (1) General. The Legislative Oversight Committee shall review and
monitor all public policy positions, as defined in subsection (c), taken or
proposed to be taken by the State Bar or its sections and shall assist the
State Bar government relations staff in planning, setting priorities, and
allocating resources. The Legislative Oversight Committee also shall make
recommendations and report to the Executive Committee and/or to the Board
regarding State Bar and section public policy positions. The Legislative
Oversight Committee shall also resolve all conflicts between sections seeking
to take public policy positions pursuant to the procedures set forth in subsection
(b)(4) and is the final arbiter of such disputes. The Legislative Oversight
Committee shall be subject to the information requests and reporting
requirements set forth in Article IV, Section 1(a).
(2) State Bar Positions. The Legislative
Oversight Committee shall generally monitor State Bar government relations
staff for compliance with Supreme Court Rules and compliance with the Keller
rules on permissible lobbying activity by mandatory bar associations.
(3) Section Positions. The Legislative
Oversight Committee shall monitor public policy positions adopted by the
sections, the setting of section lobbying fees, and the costs of each section’s
annual legislative activity. The committee may order a section to cease using
State Bar resources or to delay publicly releasing or expressing a public
policy position until reasonable notice and/or an opportunity to act is given
to the Board of Governors and/or the Executive Committee if: (a) a section
position is contrary to, or in conflict with, a State Bar position; (b) a
section position is contrary to, or in conflict with, another section’s
position, or opposed by another section; (c) the proposed communication does
not sufficiently and clearly communicate that the position is that of a group of
lawyers within the Bar and is not the position of the State Bar; (d) the
section has not complied with subsection (c)(3).
(4) Conflict Resolution. Whenever a
conflict between two or more sections arises with regard to a public policy
position, the following procedure will apply.
(i) The Chair shall first request the
sections to meet informally to discuss the issues and try to work out an
amicable resolution.
(ii) If informal discussions under (i)
are unsuccessful, the Chair in his or her judgment may appoint a mediator to
help the sections reach a solution;
(iii) If mediation is unsuccessful, or if
in the Chair’s judgment the conflict is intractable such that mediation would
not be worthwhile, the Chair shall appoint a subcommittee of three members of
the Committee, including a subcommittee chair, to review materials and hold a
hearing on the matter. The subcommittee shall set deadlines for the submittal
of materials from each section based upon the time frames involved in the issue
and then shall hold a hearing, unless time does not permit for a hearing.
Minutes shall be kept of any hearing. The subcommittee shall then issue a
written decision governing which section, if any, may take the requested public
policy position or such other guidelines and procedures for the sections to
take positions on the issue in question.
(iv) The non-prevailing section in (iii)
above may appeal the subcommittee’s decision to the full Committee. The full
Committee shall not review the matter de novo, but rather will review the
materials previously submitted, the minutes from any hearing, and the decision
of the subcommittee. The full Committee shall then vote on whether the
subcommittee fairly applied State Bar Rules, By-laws, and procedures in reaching
its decision. The decision of the full Committee is final and non-appealable.
(v) The Chair and/or the Committee may
from time to time create further policies and procedures for conflict
resolution that are not in conflict with, and do not supersede, above
subsections (i) – (iv), for the more efficient resolution of conflicts. Notice
of such policies and procedures shall be given to all sections and the Board of
Governors in a timely fashion.
(5) Meetings; voting. The Legislative
Oversight Committee shall meet at the call of the chair or at the call of the
President. Meetings may be held on reasonable notice. Action on any matter
requires approval by the affirmative vote of a majority of the committee’s
members. When necessary, late voting by members unable to attend or participate
in the meeting will be counted.
(c) Public Policy Positions. (1) Definition. Public policy positions are
statements, comments, and/or expressions of opinion concerning changes or
proposed changes to, proposed or existing, laws, rules, or actions of the
legislative, executive, and judicial branches of government and other positions
of public advocacy.
(2)
Public Policy Positions of the State Bar. Public policy positions of the State
Bar as a whole shall be governed by procedures as adopted by the Board of
Governors, including the 60 percent requirement set forth in Article III,
Section 9(b). The vote on whether to approve the taking of a public policy
position shall be by roll call. Divisions and committees may not take public
policy positions on behalf of themselves or the State Bar except as authorized
by the Board of Governors.
(3)
Public Policy Positions of Sections.
(i)
Criteria. No section or State Bar member on behalf of a section may express a
position on a matter involving an issue of public policy unless the following
conditions are met: (a) the matter is one on which the section’s views would
have particular relevance; (b) the position is adopted in accordance with
section bylaws; (c) the position is expressly stated to be taken only on behalf
of the section; (d) the section public policy position is adopted in accordance
with procedures for public policy positions adopted by the Board of Governors;
(e) the position is not contrary to an expressed State Bar position; (f) the
section sends a summary of the public policy to the Legislative Oversight
Committee; and (g) no section shall undertake any act which constitutes
lobbying without the knowledge and consent of the State Bar’s Director of
Public Affairs or a designate. Review of section public policy positions shall
be conducted pursuant to subsection (b)(3).
(ii)
Bylaws. No section shall lobby unless its bylaws meet the requirements as set
forth by the Board of Governors.
Article V Finance Committee
Section
1. Composition. There shall be
a continuing Special Committee on Finance composed of the President,
President-Elect, immediate Past-President, Treasurer, Chairperson of the
Continuing Legal Education Committee or his or her designee, and four members
who shall be appointed by the President and shall be experienced with the
governing of the Bar and with financial management. The President shall appoint
the chairperson.
Section 2. Functions. The Committee on Finance shall review the annual
budget proposed by the Executive Director and make recommendations to the Board
of Governors thereon, and shall maintain continuing budget and expenditure
scrutiny during the year. The committee shall also deal with other financial
aspects of the Association's operation, including review of financial
statements and recommendations thereon, pension administration, investment and
other asset management, and long-range financial planning; shall serve as a
resource on financial policies and procedures for proposed actions of the Board
of Governors and the Executive Committee; and shall perform such other
functions and duties as are assigned by the Board of Governors, the Executive
Committee or the President.
Article VI Section Organization and Activities
Section
1. Establishment, Consolidation and
Discontinuance of Sections. Upon approval of an application for the
establishment of a new section, the Board of Governors, by a vote of a majority
of its members may establish such a section dedicated to a field of law not committed
to any other section or committee of the Association. Every application to the
Board of Governors for the establishment of a section shall set forth:
(a)The
field of law to which the proposed section is to be dedicated, which shall be
within the purposes of the State Bar and outside the field of law committed to
any existing section or committee of the Association.
(b)A
statement of the need for the proposed section.
(c)The
proposed by-laws for the government of such section.
(d)The
names of the several committees, if any, of the proposed section.
(e)A
list of members of the Association who have signified their intention of
applying for membership in the proposed section.
An
application for the consolidation of existing sections shall set forth the
information required in the case of an application for establishing a section.
Such an application may be granted by the Board of Governors in its discretion,
by vote of a majority of the members of the Board of Governors, but only after
notice by mail to the members of such section.
A
section may be discontinued by vote of a majority of the members of the Board
of Governors but only after notice by mail to the members of such section.
Section 2. Membership of Sections. Any member of the State Bar shall be entitled at the
member's election to enroll in any section.
Section 3. Section Officers and Council. Each section shall have a chairperson and council and
such other officers as the section by-laws may provide. The council of a
section shall consist of the officers ex officio and such other members as may
be provided in the by-laws. No change in the by-laws of any section shall be
effective until approved by the Board of Governors.
Section 4. Section Dues. The members of any section may be required to pay
section dues in such amount and for such purposes as the section, with the
approval of the Board of Governors, may from time to time determine.
Section 5. Section Meetings. The officers and directors of each section shall
arrange for meetings of the section in conjunction with the annual meeting of
the State Bar. Special meetings may be held at such times and places as the
section boards and officers may determine.
Section 6. Reports. Each section shall submit to the Board of Governors prior to the
annual meeting of the Association in each year a report of the activities of
the section.
Section 7.
Expenses. Expenditures out of the
dues of sections shall be made only by direction of the council of the section;
and the treasurer of the State Bar shall pay out of such dues only such amounts
as the chairperson of the section shall certify to have been so authorized.
Article VII Amicus Curiae Briefs Briefs amicus curiae may be
authorized and filed in the
name of the State Bar of Wisconsin or one of its sections or divisions pursuant
to the following guidelines, policies and procedures:
Section 1. State Bar of Wisconsin Briefs.
(a) Authorization. The Board of Governors may authorize the preparation and filing of a
State Bar of Wisconsin brief amicus curiae by an affirmative vote of at least
two-thirds of those members present and voting
(b) Appropriate Cases. Briefs amicus curiae may be authorized only when
consistent with the purposes of the State Bar, as expressed in SCR 10.02(2).
(c) Preparation and Filing of Briefs.
1. A
brief amicus curiae may be filed only
after review and approval by the President of the State Bar who, in
consultation with others as may be necessary and appropriate, shall insure that
the brief is of high professional quality and an accurate representation of
State Bar policy.
2. In
addition to the person or persons actually preparing the brief, the President
of the State Bar shall also appear as counsel on the brief.
3. The
State Bar shall pay for the costs of printing and filing an amicus curiae brief but will pay no
legal fees for preparation or review of such brief.
(d) Role of Individual Members, Committees, Divisions
and Sections.
1. Whenever
practicable, appropriate State Bar committees, divisions and sections shall be
consulted prior to authorization of an amicus
curiae brief.
2. Individual
members, committees, divisions and sections may recommend that a brief amicus curiae be filed in the name of
the State Bar of Wisconsin, which recommendation shall include:
a. A
full statement of the facts of the controversy and the status of the
litigation;
b. A
statement of the principles of law to be supported with a full explanation of
the applicant's reasons for believing that the case is an appropriate one for
State Bar involvement;
c. A
statement advising when the recommendation was authorized and a description of
any dissenting views when presented by a committee, division or section;
d. A
full disclosure of any personal or professional interest in the matter of any
proponent of the recommendation, or of any individual member of the section or
division directors or officers or committee members which authorized the
submission of the recommendation;
e. The
name of the person or persons who are proposed to prepare the brief amicus curiae;
f. The
names of all interested parties to whom a copy of the recommendation has been
furnished prior to submission to the Board of Governors or Executive Committee.
(e) Involvement by State Bar Membership.
1. Whenever
practicable, before the Board of Governors or Executive Committee votes on
whether to authorize the filing of an amicus
curiae brief, notice of the proposed action, inviting comment and
recommendations from State Bar members, shall be published pursuant to SCR
10.12 or distributed by a method designed to reach State Bar members as quickly
as possible.
2. All
comments and recommendations from the membership timely received under (e)(1)
shall be considered by the Board of Governors or Executive Committee prior to
taking the proposed action.
Section 2. Section and Division Briefs.
(a) Authorization. No amicus curiae brief shall
be filed by any committee, section or division of the State Bar of Wisconsin
without the authorization provided herein.
1. Upon
receipt of any request to file an amicus
curiae brief from any person, lawyer, committee, section or division of the
State Bar, the President or designee shall, as soon as practical,
telephonically or electronically communicate such request to counsel for the
opposing party in the court below and to any other committee, section or
division of the State Bar that reasonably would be expected to have an interest
in the issues of the case and invite any timely comment to such request.
2. If
a request originates from a court, whether it goes first to a committee,
section or division or directly to the Board of Governors, the foregoing
paragraph shall not apply.
3. Authorization
for the preparation and filing of a brief amicus curiae by a committee, section
or division shall be by an affirmative vote of at least two-thirds of the
members of the Board of Governors present and voting at an official meeting of
the Board of Governors.
4. In
the event the President of the State Bar of Wisconsin determines it is not
feasible or practical for the Board of Governors to meet and act upon a
requested authorization to file a brief amicus
curiae, then Paragraph 3 shall not apply. In such case the President shall
electronically communicate the request for such brief and any comments to all
members of the Board of Governors, which communication shall be for informational
and comment purposes only. The President shall then contact and convene, either
in person or through telephonic or electronic communication, a meeting of the
Executive Committee of the State Bar of Wisconsin. The committee shall then,
where deemed appropriate by the President, assume the responsibilities of the
Board of Governors as to the authorization of the preparation and filing of an amicus curiae brief by affirmative vote
of at least two-thirds of the members of the Executive Committee then participating
and voting, provided that those Executive Committee members participating and
voting constitute at least a majority of the Executive Committee.
5. If
for any reason the President of the State Bar of Wisconsin is unable to assume
the duties provided for above, the President-elect shall be authorized to act
in the capacity of the President of the State Bar of Wisconsin for the limited
purpose of determining whether or not it is feasible and practical to require
an authorization of the total Board of Governors, or whether the situation
demands immediate action and therefore the convening of the Executive Committee
for the purpose of considering the amicus
curiae brief request.
6.
The President has the discretion to refuse to consider a request to file an amicus curiae brief in the event it is
not submitted in a timely manner.
(b) Appropriate Cases. Briefs amicus
curiae may be authorized only when consistent with the purposes of the
State Bar, as expressed in SCR 10.02(2) and the purposes of the section or
division as expressed in the section bylaws.
(c) Preparation and Filing of Briefs.
1. A
brief amicus curiae may be filed only
after review and approval by the chairperson of the section or president of the
division who, in consultation with others as may be necessary and appropriate,
shall insure that the brief is of high professional quality and an accurate
representation of section or division policy and in accordance with the
authorization of the Board of Governors.
2. In
addition to the person or persons actually preparing the brief, the chairperson
of the section or president of the division shall also appear as counsel on the
brief.
3. The
section or division may pay for the costs of printing and filing an amicus curiae brief but may not pay
legal fees for preparation or review of such brief.
4. The
brief must include a statement that it is filed only by the section or
division, not the Board of Governors or any other State Bar entity.
(d) Role of Individual Members, Committees, Divisions
and Sections.
1. Whenever
practicable, appropriate State Bar committees, and other divisions and sections
shall be consulted prior to requesting authorization of an amicus curiae brief by the Board of Governors.
2. A
section or division request for authorization to file an amicus curiae brief shall include:
a. A
full statement of the facts of the controversy and the status of the
litigation;
b. A
statement of the principles of law to be supported with a full explanation of
the reasons for believing that the case is an appropriate one for section or
division involvement;
c. A
statement advising when and by what vote it was decided to request
authorization to file an amicus brief
and a description of any dissenting views;
d. A
full disclosure of any personal or professional interest in the matter of any
individual member or officer or director of the section or division;
e. The
name of the person or persons who are proposed to prepare the brief amicus curiae;
f. The
names of all interested parties to whom a copy of the request for authorization
has been furnished prior to submission to the Board of Governors or Executive
Committee.
(e) Involvement by State Bar Membership.
1.Whenever
practicable, before the Board of Governors or Executive Committee votes on
whether to authorize the filing of an amicus
curiae brief, notice of the proposed action, inviting comment and
recommendations from State Bar members, shall be published pursuant to SCR
10.12 or distributed by a method designed to reach State Bar members as quickly
as possible.
2. All
comments and recommendations from the membership timely received under (e)(1)1
shall be considered by the Board of Governors or Executive Committee prior to
taking the proposed action.
Article VIII Indemnification of Officers, Employees, and
Agents
Section
1. Power. The State Bar
of Wisconsin (herein State Bar) shall indemnify any person who was or is a
party or threatened to be made a party to any threatened, pending or completed
action, suit or proceeding, whether civil, criminal, administrative or
investigative and whether with or without merit (other than an action, suit or
proceeding by or in the right of the State Bar) by reason of the fact that he
or she is or was a member of the Board of Governors of the State Bar or its
Executive Committee, an officer or employee of the State Bar, or an agent of
the State Bar acting on its behalf as a committee, division, or section member
or as an appointee of an officer or the Executive Director of the State Bar
(all of the above herein designated as "State Bar Persons"), against
expenses, including attorney's fees, judgments, fines and amounts paid in
settlement, actually and reasonably incurred by the person in connection with
such action, suit or proceeding if he or she breached or failed to perform any
duty resulting solely from his or her status as a State Bar Person unless the
breach or failure to perform constitutes any of the following:
(a) A
willful failure to deal fairly with the State Bar or its members in connection
with a matter in which the State Bar Person has a material conflict of
interest.
(b) A
violation of criminal law, unless the State Bar Person had reasonable cause to
believe his or her conduct was lawful or no reasonable cause to believe his or
her conduct was unlawful.
(c) A
transaction from which the State Bar Person derived an improper personal
profit.
(d) Willful
misconduct.
Section 2. Effect of Termination. The termination of any action, suit or proceeding
referred to in Section (1) by judgment, order, settlement, conviction, or upon
a plea of nolo contendere or its equivalent, shall not of itself create a
presumption that indemnification of the State Bar Person is not required under
this section.
Section 3. Success on Merits. To the extent that a State Bar Person has been
successful on the merits or otherwise in defense of any action, suit or
proceeding referred to in section (1), or in defense of any claim, issue or
matter therein, he shall be indemnified against expenses, including attorney's
fees, actually and reasonably incurred by the person in connection therewith.
Section 4. Denial of Indemnification. Any indemnification under section (1) shall be made
by the State Bar unless there is a determination that indemnification of the
State Bar Person is improper in the circumstances because he or she has
breached or failed to perform a duty in a manner described in Section (1)(a) to
(d). Such determination shall be made by one of the following subject to review
by the court which conducted the action, suit or proceeding or by another court
of competent jurisdiction:
(a) By
the Executive Committee of the Board of Governors of the State Bar by a
majority vote of a quorum consisting of members who were not parties to such
action, suit or proceedings; or
(b) By
the Board of Governors of the State Bar by a majority vote of a quorum
consisting of members who were not parties to such action, suit or proceeding.
Section 5. Advance Payment. Expenses including attorney's fees, incurred in
defending a civil or criminal action, suit or proceeding may be paid by the
State Bar in advance of the final disposition of such action, suit or
proceedings upon receipt of an undertaking by or on behalf of the State Bar
Person to repay such amount if it is ultimately determined that he or she is
not entitled to be indemnified by the State Bar as provided in this Article.
Section 6. Insurance. The State Bar shall have power to purchase and
maintain insurance on behalf of any State Bar Person against any liability
asserted against the person and incurred by him or her in any capacity as a
State Bar Person whether or not the State Bar would have to indemnify against
such liability under this Article. Where there is insurance coverage the State
Bar will not indemnify against attorney's fees paid by the State Bar Person
except where such person has reasonably retained counsel because a claim
exceeds the insurance coverage.
Article IX Amendment
The provisions of these By-Laws shall be subject to
amendment or abrogation by (i) resolution adopted by vote of two-thirds of the
members of the Board of Governors, or (ii) action of the members of the
Association expressed through the referendum procedure defined in SCR 10.08.
When any change in the By-Laws has been made, the Executive Director shall
publish notice thereof, including a copy of the amendatory resolution, in an
official publication of the State Bar pursuant to SCR 10.12, and he or she shall
file a certified copy thereof with the Clerk of the Supreme Court.
A petition for review of any
such change in the By-Laws will be entertained by the Court if signed by
twenty-five or more active members of the Association and filed with the Clerk
of the Court within sixty days after publication of notice of such change.
Hearing upon such a petition will be pursuant to notice in such manner as the
Court may direct.
APPENDIX A
STATE OF
CASE CAPTION: APPLICATION FOR ADMISSION
PRO HAC VICE
Case Number:
I declare under penalty of perjury:
(1) That I seek to appear pro hac vice in order to represent ______________________________________ in the above-captioned matter;
(2) That I am admitted to practice law in the highest court(s) of the state(s) or country(ies) of ______________________________;
(3) That there are no disciplinary complaints filed against me for violation of the rules of those courts (if so, please explain) ;
(4) That I am not suspended or disbarred from practice for disciplinary reasons or reason of medical incapacity in any jurisdiction (if yes, please explain) _________________________;
(5) That I am associated with Attorney _______________________, State Bar No. _________________________, an active member of the State Bar of Wisconsin (name the member of the State Bar of Wisconsin and provide his/her Member Number);
(6) That I do
not practice or hold out to practice law in the State of
(7) That I acknowledge the jurisdiction of the courts of the State of Wisconsin over my professional conduct, and I agree to abide by the rules of the relevant division of the Circuit Court of the State of Wisconsin, the Wisconsin Court of Appeals, the Wisconsin Supreme Court, and the Rules of Professional Conduct for Attorneys, if I am admitted pro hac vice;
(8) That I have complied fully with SCR Rule 10.03 (4); and
(9) That I am applying for admission pro hac vice for the following reasons: .
I have applied for admission pro hac vice in the courts of
the State of
I attach hereto evidence of my payment or prior payment of the pro hac vice fee to the Office of Lawyer Regulation.
Signature: ______________________________________
Print Name:
Date:
Address:
Telephone Number:
APPENDIX B
STATE OF
SUPREME COURT
In-House Counsel Registration
I, ________________________________, request to be registered as in-house counsel for ___________________________, a corporation, association, or other nongovernmental entity with an office in Wisconsin pursuant to Wisconsin Supreme Court Rules 20:5.5(d)(1) and SCR 10.03(4).
I declare under penalty of perjury that:
(1) I am employed as a lawyer by the above-named corporation/entity and that my employment conforms to the requirements of SCR 10.03 (4) (f).
(2) The above corporation, association or non-governmental entity
is in good standing with the state of
(3) I am admitted to practice law in the following jurisdictions, ________________________________, without any restriction on my eligibility to practice law. I understand my obligation to notify this court immediately of any change respecting the status of my license to practice law in any jurisdiction in which I am licensed to practice law.
(4) I acknowledge that I am subject to the Wisconsin Supreme Court Rules, including the Rules of Professional Conduct for Attorneys.
(5) I understand that, as a registered in-house counsel, I am
permitted to practice law in
I attach hereto the documents required by SCR 10.03 (4) (f).
I attach hereto evidence of my payment of the annual in-house counsel registration fee to the Board of Bar Examiners.
_________________________________________________
Signature
_________________________________________________
Print Name
______________________________
Date
Address and Telephone Number
Amended March 24, 1981; April 20, 1982; June 13, 1982;
June 10, 1983; October 14, 1983; June 15, 1984; August 26, 1988; January 4,
1990; June 19, 1991; September 13, 1991; June 17, 1992; April 2, 1993, April
19, 1993, June 16, 1993, October 21, 1993, June 22, 1994; January 23, 1996;
September 20, 1997; January 25, 2000; April 14, 2000; March 7, 2001; April 10,
2001; January 23, 2002; January 28, 2002;
March 24, 2005; November 14, 2007; February 12, 2008; January 1, 2009;
May 4, 2010; June 6, 2013; Nov 25, 2013