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June 2004
Board approves changes to the State Bar rules and bylaws
At its May 7 meeting, the Board of Governors approved, 41 - 1,
proposed changes to the State Bar's rules and bylaws. The revised
documents will become effective if the Wisconsin Supreme Court approves
them after a public hearing
"If approved by the supreme court, the Rules and Bylaws Committee
members believe the proposed rules and bylaws will enable the State Bar
to act and react in a timely manner and be more responsive to members'
needs," says committee chair John Bermingham. "These were our goals when
the committee was appointed by then-President Gary Bakke in 2001, and we
are confident that after considerable thought and debate and careful
consideration of feedback received from the board and other bar groups
during the last few years, our proposed revisions meet these goals."
The proposed rules and bylaws contain the following major
changes.
Membership: The most significant revisions
concerning membership are a change in the age for emeritus status to 75
and the creation of three new membership categories. The committee
recognized that members fit into different classes depending on years of
membership, type of practice setting, and need to hold a Wisconsin
license. The new categories are for house counsel members (attorneys
licensed outside Wisconsin who work solely for non-law firm businesses
in Wisconsin); associate members (attorneys licensed outside Wisconsin
who do not practice in Wisconsin but desire certain Bar benefits); and
temporary members (out-of-state attorneys admitted to practice pro hac
vice in Wisconsin courts on a case-by-case basis). The addition of house
counsel and temporary membership ensures that all attorneys who practice
law in Wisconsin are State Bar members.
Board of Governors (BOG): The composition of the BOG
was changed to include a section representative, chosen by the Section
Leaders Advisory Council. The revised bylaws also specify the duties of
governors, including the avoidance of conflicts of interest. The
supermajority voting requirements were made consistent throughout the
bylaws and collected in one section so that it will be easier to
determine the appropriate voting requirements. In addition, the revised
bylaws include three new BOG committees: the Strategic Planning, the
Legislative Oversight, and the Leadership Development committees.
Officers: As with board members, officers have
conflict of interest guidelines in the bylaws and are subject to
specific vacancy and removal provisions. Although the Rules and Bylaws
Committee recommended elimination of the secretary position, it was
ultimately retained as a "governor at large" position.
Sections: The proposed bylaws added "area of
practice or interest related to the practice of law" to the purposes to
which a section may be dedicated. Under the current bylaws, a section
must be dedicated to a "field of law." The Section Leaders Advisory
Council, which has existed for a number of years on an ad hoc basis, is
formalized and given a voice on the Board of Governors. The revised
bylaws also include better guidance regarding section lobbying and
administrative activities and the sections' rights and duties,
particularly in relation to section finances.
Public policy positions: The revised bylaws clarify
the meaning of the term "public policy positions" by defining such
positions as expressions of opinion concerning changes or proposed
changes to laws or rules of the legislative, executive, and judicial
branches of government and other positions of public advocacy.
Amicus briefs: The revised bylaws gather all of the
requirements for filing an amicus curiae brief in one place and set
forth a "streamlined" process that is sensitive to the oftentimes-tight
schedule for brief filing.
John Bermingham chaired the committee. Other committee members were
Pat Ballman, Michelle Behnke, Milo Flaten, James Jaeger, Gerald Mowris,
and Michael Rosenberg.
The current rules and bylaws are published on pages 643 - 654 of the
2004 Wisconsin Lawyer Directory or visit
www.wisbar.org/bar/bylaws. The proposed rules are available at www.wisbar.org/bar/bylaws/draft.
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