State Bar of Wisconsin President Jim Brennan welcomes a review of the State Bar’s performance, but says such a review is costly and unnecessary. At the Board of Governors’ meeting today in Madison, the board unanimously agreed that a review is not warranted.
Gov. Jill Kastner, Milwaukee, represents the Young Lawyers Division on the board.
New governor, Teresa Kobelt, Middleton, is welcomed to the board. Kobelt will complete Frank Remington’s term, who is now a Dane County Circuit Court judge.
Gov. Fred Kaftan, West Bend, responds to a question regarding State Bar elections.
Gov. Margaret Hickey, Milwaukee, Finance Committee chair, gives an overview of the State Bar's finances to the board.
Gov. Steve Levine, Madison, discusses his proposal to add candidate information to election ballots at today’s board meeting.
Visit the State Bar’s Facebook page for more pictures from today’s meeting, or click here.
Feb. 10, 2012 – State Bar of Wisconsin President Jim Brennan welcomes a review of the State Bar’s performance, but says such a review is costly and unnecessary. At the Board of Governors’ meeting today in Madison, the board unanimously agreed that a review is not warranted.
The vote signals opposition to the Wisconsin Supreme Court’s recent 6-1 vote to consider the possibility of creating a commission to review, at an estimated cost of about $82,000, the performance of the State Bar in carrying out its public function.
The supreme court may, when it deems advisable, order a performance review under Supreme Court Rule 10.10. The last performance review took place in the early 1980s.
In the years since the last review, the State Bar has created and strengthened programs and initiatives to assist lawyers and the public, Brennan says. In other words, Brennan says a performance review would only reveal positive data. For instance, it added the Wisconsin Lawyers Assistance Program, the Law Office Management Program, and added a full-time pro bono coordinator to help low-income individuals connect with legal resources.
“The State Bar is performing the purposes for which it is organized, and therefore, an audit under SCR 10.10 is unnecessary. Moreover, it’s a waste of our members’ money,” Brennan said, adding that the State Bar is performing its functions better now than 5-10-15 years ago.
The supreme court’s consideration of a SCR 10.10 review stems from a pending petition asking for a voluntary bar, submitted by State Bar Governor members Steven Levine and James Thiel. But even Levine and Thiel think a SCR 10.10 review is not warranted at this time.
“I want to make very clear, the petition to the supreme court requesting a voluntary bar did not in any way ask for a 10.10 review,” Levine told the board.
The board will designate a representative to communicate its opposition to a SCR 10.10 review to the Wisconsin Supreme Court, and its reasons for taking such action.
Task force on new lawyers announced
At the board meeting, State Bar President Jim Brennan announced the formation of a task force to address the needs and challenges of new lawyers.
Brennan first addressed the new task force in the February 2012 Wisconsin Lawyer, naming attorneys Art Harrington and Sherry Coley as co-chairs. “I charge a task force to examine the array of professional challenges facing our young lawyers, as well as their training and mentoring needs, and develop an action plan for the State Bar’s response,” Brennan wrote.
Brennan asked board members to be mindful of the challenges new lawyers face, such as rising student loan debt, and help the task force in its effort to develop an action plan to assist new lawyers as they transition from law school to practice.
Board sets Keller dues reduction amount for FY 2013
The board adopted a Keller dues reduction amount of $8.41 for fiscal year 2013 (July 1, 2012 to June 30, 2013). That amount is up from a FY 2012 reduction of $5.
Under Keller v. California, 382 U.S. 43 (1965), the State Bar may not use the mandatory dues of any member who objects to activities that are not reasonably intended for the purpose of regulating the legal profession or improving the quality of legal services.
State Bar sections cannot take concurrent policy positions
The board clarified that State Bar sections cannot take policy positions or lobby on issues if the State Bar's Board of Governors has taken a position on the same issue.
That interpretation of existing policy and rules does not prohibit sections from assisting State Bar leadership in lobbying on issues in which it holds a particular expertise. The official interpretation, as adopted by the board, reads:
“Public policy positions taken by the Board of Governors on behalf of the State Bar of Wisconsin are exclusive of any section positions. Therefore, while sections are encouraged to assist State Bar of Wisconsin leadership in lobbying on issues in which it holds a particular expertise, sections may not take concurrent positions in which there already exists a State Bar of Wisconsin position.”
Board defines “core” principles to assist lobbying efforts
On recommendation of the board’s Policy Committee, the board adopted a definition of “core” principles to assist State Bar staff and leadership when addressing pending legislation.
The “core” principles that will guide the State Bar’s legislative priorities relate only “to the regulation of the legal profession or improving the quality of legal services,” the board clarified.
In addition, last June the board approved a directive that the State Bar’s Executive Committee may act on “core” legislation during periods when the full board cannot act.
The clarification means the Executive Committee may act on behalf of the board only when “core” principles are at issue.
Candidates for State Bar Board can make campaign statements
Effective immediately, candidates for the State Bar’s Board of Governors may submit “campaign statements” for posting on the State Bar’s website prior to elections, under a resolution adopted by the board and developed by the State Bar’s Governance Committee.
Currently, members only receive biographical information about Board of Governors' candidates with their ballots. State Bar Gov. Steven Levine had requested that candidates be allowed to include campaign statements within actual ballot mailings that are sent to members via postal mail. The board rejected that proposal.
However, the board’s Governance Committee recommended, and the board approved, a resolution to allow campaign statements, not exceeding 500 words, to be posted on wisbar.org prior to elections, which are held every April. Mailed ballots will include the URL link to the specific campaign statement, not the campaign statement itself.
Campaign statements, which must be submitted by March 1, are limited “to presenting to the voter, the issues, programs, or policies that the candidate himself of herself intends to address if elected.” Exhortations or comments about another candidate are not allowed.
Board clarifies policy on candidate eligibility
Only individuals eligible to serve in State Bar officer and governor positions can run in an election for those positions, the board has clarified.
The State Bar’s rules and bylaws set eligibility requirements and terms for board and officer positions, but there is no provision that a person must be qualified to actually run.
The board’s Governance Committee recommended a policy to clarify that a person is barred from running in an election unless qualified under the eligibility requirements and term limits. Governance Committee Chair Frederick Kaftan said the clarification avoids future problems when it comes to interpreting the State Bar’s policies on running for a leadership post.
Board will consider the costs of audio access to meetings
The board agreed to consider proposals that would give members audio access to State Bar Board and Executive Committee meetings.
Gov. Steven Levine asked the board to invest in live audio streaming technology to make those meetings available online. Others, like board Gov. Nate Cade, suggested audio recordings be stored on the State Bar's website instead of streaming audio live, if providing audio access at all. After a discussion on the costs involved, the board referred the proposals to the Finance Committee for a cost analysis.
Other business
The board confirmed the appointment of attorney Teresa Kobelt to complete the term of former District 9 Gov. Frank Remington, who was required to leave his leadership post after appointed Dane County Circuit Court judge. Kobelt, an associate at Haley Palmersheim S.C., Middleton, practices in the areas of business law and litigation.
The board also approved amendments to the bylaws of the State Bar’s Law Office Management Section and the Nonresident Lawyers Division.
