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 Wisconsin statutes as section 758.25.
SCR 10.02 to 10.14 were originally adopted by the supreme court on
December 7, 1956, effective January 1, 1957.
They were amended on February 9, 1972; June 16, 1975; November 1, 1976;
November 18, 1977; March 6, 1978; and December 14, 1978. The rules were originally numbered 1 to 14
and have been clarified and numbered SCR 10.02 to 10.14 for uniformity and
convenience. See appendix for bylaws
for state bar of Wisconsin. Certain
provisions relating to fees will be contained in SCR 40.16.
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 Wisconsin.
(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 Wisconsin. (1)
Creation of Association. All
persons licensed to practice law in this state are organized as an association
to be known as the "state bar of Wisconsin," subject to the
provisions of this chapter. The rules
of this chapter, which are adopted in the exercise of the court's inherent
authority over members of the legal profession as officers of the court, may be
referred to as "state bar rules." The state bar may, for the purpose
of carrying out the purposes for which it is organized, sue and be sued, enter
into contracts, acquire, hold, encumber and dispose of real and personal
property.
(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. Judges of courts of record, full‑time family court commissioners, full-time court commissioners, U.S. bankruptcy judges, U.S. magistrate judges and retired judges who are eligible for temporary judicial assignment and are not engaged in the practice of law are classed as judicial members, except that 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) Any inactive member in good standing and 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 by paying the
dues required of active members. No
inactive member who has not actively practiced law in this state or in another
state during the last 10 years may be transferred to active membership until
the transfer is approved by the supreme court except a judicial member who is
no longer serving in a judicial office shall be classified as an active member
upon his or her written request.
(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)
Only active members may practice law.
No individual other than an enrolled active member of the state bar may
practice law in this state or in any manner purport to be authorized or
qualified to practice law. A judge in
this state may allow a nonresident counsel to appear in his or her court 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. Permission to the
nonresident lawyer may be withdrawn by the judge granting it if the lawyer by
his or her conduct manifests incompetency to represent a client in a Wisconsin
court or by his or her unwillingness to abide by the rules of professional
conduct for attorneys and the rules of decorum of the court.
(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.
The State Bar may not use compulsory dues of any member who objects to
that use for political or ideological activities that are not reasonably
intended for the purpose of regulating the legal profession or improving the
quality of legal services. The state
bar shall fund those political or ideological activities by the use of
voluntary dues, 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)
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.
(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 Wisconsin are eligible to serve as officers of the association. The term of
office of the president, president‑elect, immediate past-president and chairperson
of the board of governors is one year.
The term of the secretary and the treasurer is 2 years, with the
secretary elected in even‑numbered years and the treasurer elected in odd‑numbered
years. The term of each officer runs
until the qualification of a successor.
(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. The chairperson shall perform the duties of
the president in the absence or disability of the president or in the event of
a vacancy in the office of president.
(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.
SCR 10.05 Board of governors. (1) Composition of board. The affairs of the association shall be
managed and directed by a board of governors consisting of the 6 officers of
the association, all of whom shall be ex officio members‑at‑large
of the board, not fewer than 34 members elected from the state bar districts
established under sub. (2), one member selected by the young lawyers division
pursuant to its bylaws, one member selected by the government lawyers division
pursuant to its bylaws, three governors selected by the nonresident lawyers
division pursuant to its bylaws, one governor selected by the senior lawyers
division pursuant to its bylaws, and three nonlawyers appointed by the supreme
court for staggered two‑year terms.
No person appointed by the supreme court shall serve more than two
consecutive full terms. The rights and powers of the ex officio members of the
board are the same as those of elected members. All past‑presidents of
the Wisconsin bar association or of the state bar of Wisconsin, the Wisconsin
state delegate to the American Bar Association house of delegates and the deans
of the Marquette university and university of Wisconsin law schools are
entitled to floor privileges, but without voting privileges.
(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 an official state bar bulletin or journal.
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 complete summary of the minutes of each meeting of the board of
governors shall be promptly printed in the Wisconsin bar bulletin, with a
notation that any interested person may obtain a copy of the minutes on request
to the secretary.
(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
Wisconsin. 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 non‑resident lawyers division
shall carry on projects which will be of assistance to members outside the
state of Wisconsin and provide for the participation of members outside
Wisconsin in the governance of the state bar.
(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.
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 complete summary of the general minutes of each meeting of the
executive committee shall be promptly printed in the Wisconsin bar bulletin,
with a notation that any interested person may obtain a copy of the general
minutes upon request to the secretary.
(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 published in the state bar bulletin
prior to the annual meeting. 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. The Wisconsin bar bulletin or its successor
is the official publication of the state bar of Wisconsin. All official notices shall be published
therein or mailed first class to members entitled thereto at their address of
record. Such publication shall
constitute notice to all members. The
publication shall be sent by mail to all members at their address of record.
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 secretary shall publish notice of the change, including a copy
of the amendatory resolution, in the Wisconsin bar bulletin 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.
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.
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 arbitrations 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 arbitration. 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) and shall so notify the parties at least 15 days prior
to said hearing(s). The arbitrator will
promptly hold hearings in which the parties will be permitted to participate
personally or through a representative.
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 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 arbitrators will charge a maximum of $100 per hour for services,
including the hearing, preparation and study time, and shall be reimbursed for
all necessary expenses of the arbitration.
iv.
The hearing shall be held within 60 days of appointment of the
arbitrator.
v.
The arbitrator shall not be deemed a necessary party in judicial
proceedings relating to the arbitration.
vi.
The arbitrator shall have no authority to add, subtract, set aside or
delete from any Supreme Court Rule, or State Bar bylaw.
(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.
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 manner herein
prescribed. A committee of five members
to nominate candidates for said offices to be voted on at the next annual
election shall be appointed by the President of the Association with the
approval of the Board of Governors at the first regularly scheduled Board
meeting following the annual convention.
Such report shall name two or more candidates nominated by the committee
for the Office of President‑Elect, two or more candidates nominated for
the Office of Secretary and two or more candidates nominated 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. Other
persons may be nominated for any of said offices by petition signed in the case
of each candidate by not less than one hundred active members of the
Association, and filed in the Office of the Executive Director on or before the
first business day of February of the year of the election, provided that
before the filing of such petition a statement shall be endorsed thereon by the
nominee to the effect that the member consents 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. A Chairperson of the Board of Governors
shall be elected by the Board from its members at its last regular meeting each
fiscal year. The President shall
appoint a nominating committee from the governors to nominate one or more
candidates for this office at the second to last regular Board meeting of the
fiscal year. Those eligible for
nomination and election to this office shall be: all who are then members of
the Board, including members whose second terms expire that June, except for
the President and President‑Elect.
While serving in that office, 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
successor shall commence on the first day of July.
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. 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 10. 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 11. 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 the February and March issues
of the Wisconsin Lawyer each year.
(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 ____ 19 ____. 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).
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 prior to authorizing or filing a brief amicus
curiae, notice of the proposed action shall be published in the State Bar Wisconsin
Lawyer or Newsletter inviting comment and recommendations from the
State Bar membership.
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 prior to authorizing or filing a brief amicus
curiae, notice of the proposed action shall be published in the State Bar Wisconsin
Lawyer or Newsletter inviting comment and recommendations from the
State Bar membership.
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 the official
bulletin of the State Bar, 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.
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, and March 24,
2005.