SCR CHAPTER 10
REGULATION OF THE STATE BAR
JUDICIAL
COUNCIL COMMITTEE'S NOTE, 1979: The
following rules, called the state bar rules, govern the state bar of Wisconsin
and its members. SCR 10.01 is in the
1977
SCR 10.01 State bar
of Wisconsin.
(1) There shall be an association
to be known as the "state bar of Wisconsin" composed of persons
licensed to practice law in this state, and membership in the association shall
be a condition precedent to the right to practice law in
(2) The supreme court by appropriate orders shall
provide for the organization and government of the association and shall define
the rights, obligations and conditions of membership therein, to the end that
the association shall promote the public interest by maintaining high standards
of conduct in the legal profession and by aiding in the efficient
administration of justice.
SCR 10.02
Organization of the state bar of
(2) Purposes.
The purposes of the association are to aid the courts in carrying on and
improving the administration of justice; to foster and maintain on the part of
those engaged in the practice of law high ideals of integrity, learning,
competence and public service and high standards of conduct; to safeguard the
proper professional interests of the members of the bar; to encourage the
formation and activities of local bar associations; to conduct a program of
continuing legal education; to assist or support legal education programs at
the preadmission level; to provide a forum for the discussion of subjects
pertaining to the practice of law, the science of jurisprudence and law reform
and the relations of the bar to the public and to publish information relating
thereto; to carry on a continuing program of legal research in the technical
fields of substantive law, practice and procedure and make reports and
recommendations thereon within legally permissible limits; to promote the
innovation, development and improvement of means to deliver legal services to
the people of Wisconsin; to the end that the public responsibility of the legal
profession may be more effectively discharged.
(3) Definition.
In this chapter, "state bar" means the state bar of Wisconsin.
SCR 10.03
Membership. (1)
Persons included in membership.
As of the effective date of this rule, membership of the state bar
consists of all those persons who on that date are licensed to practice law in
this state. After the effective date of
this rule, the membership includes all persons who become licensed to practice
law in this state; subject in each case to compliance with the conditions and
requirements of membership. Residence in
this state is not a condition of eligibility to membership in the state bar.
(2) Enrollment.
Every person who becomes licensed to practice law in this state shall
enroll in the state bar by registering his or her name and social security
number with the association within 10 days after admission to practice. Every change after enrollment in any member's
office address or social security number shall be reported promptly to the
state bar. The
social security number of a person enrolling in the state bar may not be
disclosed to any person or entity except the supreme court and its agencies, or
as otherwise provided by supreme court rules.
(3) Classes of membership. (a) The members of the state bar are divided into 4 classes: active members, judicial members, inactive members and emeritus members. The class of active members includes all members of the state bar except the judicial members and inactive members. The class of inactive members includes those persons who are eligible for active membership but are not engaged in the practice of law in this state and have filed with the secretary of the association written notice requesting enrollment in the class of inactive members. 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
(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, five governors selected by the nonresident lawyers
division pursuant to its bylaws, one governor selected by the senior lawyers
division pursuant to its bylaws, and three nonlawyers appointed by the supreme
court for staggered two‑year terms.
No person appointed by the supreme court shall serve more than two
consecutive full terms. The rights and powers of the ex officio members of the
board are the same as those of elected members. All past‑presidents of
the Wisconsin bar association or of the state bar of Wisconsin, the Wisconsin
state delegate to the American Bar Association house of delegates and the deans
of the Marquette university and university of Wisconsin law schools are
entitled to floor privileges, but without voting privileges.
(2) State bar districts. (a) For the purpose of conducting elections
of the members of the board of governors, the board of governors shall divide
the state into 16 state bar districts comprising specified counties and shall
establish the number of members of the board of governors to be elected from
each district.
(b) The number of members of the board of
governors elected from each state bar district shall be in proportion to the
number of active members entitled to vote residing in the district and shall
take into consideration all of the following:
1. The composition of the judicial
administrative districts established by sec. 757.60, Stats.
2. The geographical area of each state bar
district.
3. All existing multi-county bar associations.
4. The representation of members in each state
bar district afforded by members of the board of governors selected by
divisions of the association under sub. (1).
(c) Every 10 years, commencing January 1, 1995,
the board of governors shall submit to the court a proposed redistricting map
dividing the state bar into districts in accordance with the requirements in
par. (b).
(d) Notice, filing, review, hearing and adoption
of a redistricting proposal submitted under par. (c) shall be provided in SCR
10.13(2) for amendment of bylaws.
(3)
Term; qualifications; nomination and election. The term of office of each elected member of
the board of governors is 2 years, commencing on July 1 next following his or
her election. No person is eligible to
vote in a district for governor or to serve on the board of governors from a
district unless he or she is an active member of the association and maintains
in the district his or her principal office for the practice of law. No person is eligible for election to the
board of governors for more than 2 consecutive terms. The eligibility of any person to serve as a
member of the board of governors from any state bar district ceases upon
removal of the person's principal office for the practice of law from the
district. Nominations and elections of
members of the board of governors shall be conducted in accordance with the provisions
of the bylaws.
(4) Functions.
(a) The board of governors has
general charge of the affairs and activities of the association. It may:
1. Fix the time and place of the annual meeting
of members of the association.
2. Make appropriations and authorize
disbursements from the funds of the state bar in payment of the necessary
expenses of the association.
3. Engage and define the duties of employees and
fix their compensation.
4. Receive, consider and take action on reports
and recommendations submitted by committees, sections and the assembly of
members of the association at any annual or special meeting.
5. Arrange for publication of 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
(h) The board of governors shall establish and
maintain a young lawyers division.
Membership in the division shall be voluntary. Those eligible for membership in the young
lawyers division shall be any member of the state bar under the age of 36 years
or any member, irrespective of age, during the first 5 years following
admission to the bar. This division
shall be governed by bylaws not inconsistent with state bar rules and
bylaws. The division bylaws and amendments
thereto become effective upon approval of the board of governors. The young lawyers division shall stimulate
the interest of young lawyers in the objectives and programs of the state bar
and carry on projects which will be of assistance to young lawyers.
(i) The board of governors shall establish and
maintain a government lawyers division.
Membership in the division shall be voluntary. Those eligible for membership in the
government lawyers division shall be any member of the state bar who is a
salaried employee of any government.
This division shall be governed by bylaws not inconsistent with state
bar rules and bylaws. The division
bylaws and amendments thereto become effective upon approval of the board of
governors. The government lawyers
division shall promote effective collaboration between the private and public
sectors of the bar and provide for the participation of publicly employed
members in the governance of the state bar.
(j) The board of governors shall establish and
maintain a non‑resident lawyers division.
Membership in the division shall be voluntary. Those eligible for membership in the non‑resident
lawyers division shall be any member of the state bar who has an address of
record outside the state of
(k) The board
of governors shall establish and maintain a senior lawyers division. Membership in the division shall be
voluntary. Those eligible for membership
in the senior lawyers division shall be any members of the state bar who are
age 60 years or older. The division
shall be governed by bylaws not inconsistent with state bar rules and bylaws. The division bylaws and amendments thereto become
effective upon approval of the board of governors. The senior lawyers division shall carry on
projects that will stimulate the interest of the senior lawyers in the
objectives and programs of the state bar and carry on activities which will be
of assistance to senior lawyers in the practice of law.
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
(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
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
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
(e) Date
of admission to practice in any state or states other than
(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
(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
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; March 24, 2005; and November 14, 2007.