Board of Governors refers "Civil Gideon" request to Executive
Committee; Member feedback due by Feb. 24
January 19, 2005
During its Jan. 13 - 14 meeting the State Bar
Board of Governors reviewed the Individual Rights & Responsibilities
(IRR) Section's request that the State Bar file a non-party amicus
curiae brief in the name of the State Bar of Wisconsin in the matter of
Pam Kelly, et al. v. Mark A. Warpinski, et al. (Case No.
04-2999 OA).
Kelly v. Warpinski is a petition for original action by the
Wisconsin Supreme Court to declare a state constitutional right of
indigent persons to counsel in civil cases, referred to as the
"Civil Gideon" petition. Civil Gideon deals with child
custody issues.
The IRR Section specifically requests that the State Bar file a brief
on the merits (the constitutional issue), assuming the court agrees to
entertain the action. (As of this writing, the court has not yet assumed
original jurisdiction.)
IRR Section Board Member Patrick Patterson outlined the
section's rationale to the Board of Governors. According to
Patterson the case is appropriate for State Bar involvement because it
strikes at the heart of equal justice and affects the administration of
justice as the courts are now heavily burdened with pro se
litigants.
The board referred the matter to the Executive Committee for further
study and action if warranted.
State Bar members are invited to express opinions about whether an
amicus brief should be authorized in the name of the State Bar of
Wisconsin in this matter. Member feedback received by Feb. 24 will be
considered by the Executive Committee at its Feb. 25 meeting.
