February 2005

Board approves getting legal opinion regarding legality of WisTAF petition

On Jan. 13, the Board of Governors voted 24 - 17, with one abstention, to hire counsel and obtain a legal opinion as to the legality of the Supreme Court Order that granted the Wisconsin Trust Account Foundation (WisTAF) petition and its potential impact on the status of the Bar.

The WisTAF petition imposes a $50 annual assessment on all active-licensed Wisconsin lawyers and requires the Bar to collect the assessment and pay it to WisTAF. The assessment, which will appear on dues statements for fiscal year 2006, will provide funding for civil legal services for people who cannot afford an attorney.

The supreme court granted the petition on Jan. 12. The court also indicated that the State Bar should conduct a two-year study of civil legal needs of the poor in Wisconsin.

The Wisconsin Supreme Court created WisTAF in 1986 to receive and make grants of IOLTA funds to provide legal aid to the poor. The court's order marks the first time a supreme court in a state with a mandatory bar association has ordered a mandatory assessment on lawyers to fund civil legal services.

The board voted 34 - 7 in November to support a two-year $50 opt-out assessment and approved submission of the State Bar WisTAF Petition Study Committee's final report to the supreme court. State Bar President Michelle Behnke testified at the Jan. 12 hearing on behalf of the State Bar.

For more in-depth coverage of the January hearing and the State Bar's testimony, visit www.wisbar.org or see the February Wisconsin Lawyer.

Members with concerns about the court's ruling or the board's action can send feedback to: wistaf-feedback@wisbar.org; Dan Rossmiller, Public Affairs Director, State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158; or their district governor.

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