Nov. 23, 2009 – The Wisconsin Supreme Court has set its initial schedule of rule-making proceedings for the winter and spring of 2010, scheduling for public hearings most of the seven rules petitions still currently pending before the court.
The court has scheduled public hearings on four of the pending petitions during the first quarter of 2010, including the State Bar’s 2007 petition regarding the unauthorized practice of law; three petitions have yet to have public hearings scheduled.
The Supreme Court has scheduled three days of hearings in January, February and March on four of the pending petitions.
On Jan. 21, the court will hold a public hearing and an open administrative conference at 9:30 a.m. on petition 09-01, filed by the Judicial Council to create rules governing the discovery of electronically stored information. The Board of Governors will determine its position on this petition at its upcoming meeting on Dec. 4.
On Feb. 24, the court has scheduled a 9:30 a.m. public hearing on two other petitions as well as an open administrative conference on a third petition. The court will hold a public hearing on petition 08-11, filed by the BBE to make various procedural changes when notifying an applicant for admission to the bar that the BBE may reject their application for reasons related to character and fitness. The State Bar supports the petition.
At the same hearing the court will also hold a public hearing on petition 09-07, filed by the State Bar of Wisconsin to make various changes to SCR chapter 72 governing record retention and expunction.
On Feb. 24, the court will also hold an open administrative conference to review the rule amendments the court adopted in 2007 to the trust account rule, SCR 20.1.15, together with related amendments to SCR 20.1.0 that added definitions for advanced fees, flat fees, and retainers, SCR 21.16 (Discipline) and SCR 12.04 (Wisconsin Lawyers' Fund for Client Protection). The effective date of those changes was July 1, 2007, and they were made in response to petition 06-04, filed jointly by the State Bar of Wisconsin and the Office of Lawyer Regulation.
When the court adopted these rule changes in 2007, it ordered that a three-year review be conducted in 2010, which is the purpose of the Feb. 24 open administrative conference. During the Feb. 24 open conference, the court will review the 2007 rule amendments adopted in order 06-04 as well as any written comments that are filed with the court. Any interested person may file with the court any written comments on the trust account rule amendments, preferably no later than Feb. 5, 2010.
Finally, on March 8, the court will hold its second public hearing and its third administrative conference on the State Bar’s petition regarding the unauthorized practice of law, petition 07-09. Previously, the court held a public hearing and open administrative conference on the petition in December 2007, as well as two additional open conferences in March and October of 2008. The court deferred the petition last session without acting to approve it. An additional open conference on the petition is expected during the first half of 2010. Earlier this year, State Bar President Doug Kammer reappointed the State Bar’s UPL Policy Committee and added several new members, including former Supreme Court Justice Jon Wilcox.
The court will have at least three other petitions still pending before it that it has not yet scheduled for public hearing. Those include petition 09-08, filed by several Wisconsin attorneys to change Supreme Court rules governing the use of State Bar dues. The court also has pending before it petition 09-09, filed by a group of Wisconsin attorneys to either extend the diploma privilege under SCR 40.03 to graduates of all ABA-approved law schools or to abolish it entirely. The court will also have pending before it petition 09-12, filed by the Judicial Council, which would require that the hearing contemplated under sec. 904.085(4)(e) be held in camera.
When the Supreme Court’s session began earlier this fall, the court had 14 rule-making petitions pending before it, in addition to one it disposed of immediately upon public hearing on Sept. 10 relating to electronic filing of CLE reports with the Board of Bar Examiners. So far this year, the court has held public hearings and ruled on a total of 11 petitions, including two that were filed in October relating to judicial recusal. The court has approved three petitions filed by the State Bar, one relating to classes of Bar membership, another permitting non-resident members to hold certain officer positions, and a third relating to lawyer referral and monitoring.
Under Wis. Stat. section 751.12 and Supreme Court Internal Operating Procedures II.B.5. and III, any person may file a petition to change Supreme Court rules, pleading, practice, procedural statutes and administrative matters.
The State Bar’s activities regarding Supreme Court rule-making petitions are coordinated by the State Bar’s government relations team. If you have questions regarding the State Bar’s position on a rule-making petition pending before the Supreme Court, please contact Adam Korbitz, government relations coordinator.
Adam Korbitz is the Government Relations Coordinator for the State Bar of Wisconsin.
Related articles:
Supreme Court: Non-resident members can serve as certain State Bar officers – Nov. 4, 2009
In battle over judicial recusal, First Amendment trumped due process rights – Nov. 4, 2009
WisLAP monitoring program gets nod from Wisconsin Supreme Court – Nov. 3, 2009
Supreme Court approves State Bar petition regarding classes of membership – Nov. 2, 2009
Recusal not required on account of campaign contribution, independent expenditure of party to proceedings – Oct. 28, 2009
Court to tackle recusal issue and other rules petitions – Oct. 27, 2009
State Bar faces busy year with Supreme Court rule-making – Sept. 21, 2009
Board tackles petitions on judicial independence, court procedures, and more – Sept. 14, 2009
Lawyers in treatment for substance abuse, other impairments could be admitted to practice under proposal – March 10, 2009
Inside the Bar: Wisconsin Supreme Court will continue to review State Bar UPL committee – December 2008
Inside the Bar: Supreme Court moves on State Bar consumer protection petition – January 2008
Legal Services Consumer Protection Act, State Bar president statement – June 19, 2007
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