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Supreme
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Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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In the matter of the Petition
for Amendment to Supreme Court Rules relating to District
Committees in the Lawyer Regulation System
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FILED MAY 5, 2005 Cornelia G. Clark Clerk of Supreme Court Madison, WI |
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On November 2, 2004, the Office of Lawyer Regulation (OLR) filed a petition seeking to amend Supreme Court Rules 21.06, 21.07, 21.10, 21.11, 22.04 and 22.25 relating to district committees within the lawyer regulation system.
A public hearing on the petition was conducted on April 13, 2005. At the ensuing open administrative conference the court voted unanimously to adopt the petition with certain minor modifications, effective the date of this order, as follows:
Section 1. SCR 22.001 (9m) is created to read as follows:
22.001 (9m) "Public member" means an individual who is eligible to vote in the state of Wisconsin, but who is not a member of the state bar of Wisconsin.
Section 2. 21.06 (1) of the Supreme Court Rules is amended to read:
21.06 (1) A district committee in each of the
state bar districts established under SCR 10.05 (2) consists of lawyers and nonlawyerspublic
members appointed by the supreme court. The number of members of each
committee shall be in proportion to the geographic and population size of the
district, and t . To the
extent feasible, at least one-third and preferably two-fifths, of
the members shall be nonlawyerspublic members. Members serve staggered 3-year terms. A member may serve not more than 3
consecutive 3-year terms.
Section 3. 21.07 (1) and (2) of the Supreme Court Rules are amended to read:
21.07 (1) The 14-member preliminary review
committee consists of 9 lawyers and 5 nonlawyerspublic members
appointed by the supreme court. Members
serve staggered 3-year terms. A member
may serve not more than 2 consecutive 3-year terms.
21.07 (2) The preliminary review committee, having
a quorum of 8 members, is comprised of 2 7-member panels, each having at least
4 lawyers and 2 nonlawyerspublic members and a quorum of 4
members. The chairperson of the preliminary review committee shall designate
the members of each panel and shall devise and implement a rotation system by
which each member of the committee serves on each panel during each 3-year
period.
Section 4. 21.10 (1) of the Supreme Court Rules is amended to read:
21.10 (1) The 12-member board of administrative
oversight of the lawyer regulation system consists of 8 lawyers and 4 nonlawyerspublic
members appointed by the supreme court.
Members serve staggered three-year terms. A member may serve not more than two consecutive three-year
terms.
Section 5. 21.11 (2) of the Supreme Court Rules is amended to read:
21.11 (2) The director shall provide formal
training in procedural and substantive ethics rules to the members of
the district committees. Committee
members shall attend at least one training session within the first year of
appointment as a condition of appointment, unless the director extends the time
to fulfill the training requirement.
Section 6. 21.11 (6) of the Supreme Court Rules is amended to read:
21.11 (6) The training provided in (1) through (3)
and (5) shall emphasize the role and the importance of the contributions of nonlawyerpublic
member participants in the lawyer regulation system.
Section 7. 22.04 (3) of the Supreme Court Rules is amended to read:
22.04 (3) The district committee shall conduct an
investigation and file an investigative report with the director within 90 days
after the date of referralthe respondent's right to request
substitution of the investigator assigned to the matter under sub. (2) as a
matter of right terminates or has been waived.
The committee chairperson, with notice to the grievant and respondent,
may request an extension of time to complete the investigative report from the
director. The committee chairperson
shall set forth the reasons for the request and the date by which a report will
be filed in a written request for the extension. The director may approve or deny the request, in the director's
discretion. The investigative
report shall outline the relevant factual allegations and identify possible
misconduct, if any, and may make a recommendation as to the disposition of the
matter. The district committee shall
include in reports to the director all relevant exculpatory and inculpatory
information obtained.
Section 8. 22.25 (3) of the Supreme Court Rules is amended to read:
22.25 (3) If the special investigator determines
that there is not sufficient information to support an allegation of possible
misconduct, the special investigator may close the matter. The special investigator shall notify the
grievant in writing that the grievant may obtain review by the special preliminary
review panel of the closure by submitting a written request to the special
investigator. The request for review
must be received by the special investigator within 30 days after the date of
the letter notifying the grievant of the closure. The special investigator shall send the request for review to the
special preliminary review panel consisting of 4 lawyers and 3 nonlawyerspublic
members appointed by the supreme court and having a quorum of 4
members. Members of the special
preliminary review panel serve staggered 3-year terms. A member may serve not more than 2
consecutive 3-year terms. Upon a timely
request by the grievant for additional time, the special investigator shall
report the request to the chairperson of the special preliminary review panel,
who may extend the time for submission of additional information relating to
the request for review. If the panel
affirms the investigator's determination, the special preliminary review panel
shall inform the grievant. The panel's
decision affirming closure of the matter is final. If the panel does not concur in the investigator's determination,
it shall direct the investigator to initiate an investigation of the matter.
IT IS ORDERED that notice of this amendment of Supreme Court Rules 21.06, 21.07, 21.10, 21.11, 22.04 and 22.25 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.
Dated at Madison, Wisconsin, this 5th day of May, 2005.
BY THE COURT:
Cornelia G. Clark
Clerk of Supreme Court