Inside the Bar
Board opposes proposed real estate legislation, supports Legislative
Oversight Committee recommendation, and more
At its July 22 meeting, the Board of Governors opposed proposed
legislation that would allow real estate brokers to provide legal
advice, affirmed the Legislative Oversight Committee's (LOC) decision on
section advocacy on the proposed marriage amendment to the Wisconsin
Constitution, authorized the Alternative Dispute Resolution (ADR)
Section to file an amicus brief, approved revisions to the State
Bar strategic
plan, and supported the current ABA delegate representation at the
state level, among other actions.
Real estate legislation. At the request of the
Unauthorized Practice of Law Policy Committee and the Real Property,
Probate and Trust Law Section, the board opposed proposed legislation to
expand the powers of real estate brokers under Wis. Stat. chapter 452,
as outlined by the Wisconsin Realtors' Association's License
Law Task Force Report. In a unanimous vote, the board agreed that such
expansion would be detrimental to the public because it would allow
brokers, who are not licensed to practice law by the Wisconsin Supreme
Court, to provide legal advice (including enhanced abilities to
negotiate and draft contracts and explain the consequences of actions
taken during transactions). Furthermore, the Bar is concerned that
the proposed amendments to chapter 452 authorize activities that are
intended to be precluded under sec. 757.30(2).
Marriage amendment.The board affirmed the
Legislative Oversight Committee's (LOC) decision that the Public
Interest Law and Individual Rights and Responsibilities sections have
met the requirements set forth by supreme court rule and have authority
to use section resources only for public policy advocacy on the proposed
constitutional amendment to define legally valid or recognized
marriages. Both sections have pledged to continue to meet the
requirements set forth by supreme court rule.
The LOC was established last summer to assist the State Bar
Government Relations team by monitoring public policy positions,
providing recommendations regarding section lobbying fees and the costs
of each section's annual legislative activity, and reviewing grievances
filed by any sections, divisions, or individual State Bar members
regarding public policy positions taken by the State Bar or its
entities.
ADR amicus.The board approved the Alternative
Dispute
Resolution (ADR) Section's request to file an amicus brief in<
Borst v. Allstate Insurance Co.,currently before the court of
appeals. At issue are the partiality of an arbitrator who is a
member of a law firm regularly retained by a third party to an
arbitration and the extent to which an arbitrator may order or
prohibit discovery. Chief Judge Daniel P. Anderson initiated the request
for an amicus to assist the court in its deliberations. For more
information, visit www.wisbar.org/adr.
ABA delegates. The ABA Governance and the Section
Officers commissions have made proposals to increase each body's
representation. State Bar delegates to the ABA House of Delegates asked
the Bar to provide them with some direction. The board voted that State
Bar delegates should take a position that results in maintaining as
closely as possible the current ratios between states and other
entities, which will ensure that the states and not the sections are the
stronger voice.
Other actions. The board adopted a public policy
position, at the Bench Bar Committee's request, supporting a national
statement by the Beverly
Hills Bar Association to help the public recognize that recent
verbal and physical attacks on the nation's judges and jurors jeopardize
the independence of the judiciary and threaten the nation's democratic
process. The national statement reads:
We, the undersigned, hereby express our solidarity in support of the
independence of our Nation's judges, juries and courts. While the
Constitution guarantees the right to disagree with a decision of a jury
or judge, physical attacks, personal threats, demeaning epithets and
false and misleading accusations create an atmosphere of contempt and
disrespect which is unacceptable in a constitutional democracy. We all
need to fear a day when our legal rights are determined by public
opinion. The right to be judged by an independent judge or jury must be
protected.
The board approved a State Bar reserve policy, which ensures the Bar
has adequate funding available to meet future needs in the case of an
unexpected financial crisis, purchase facilities and equipment, provide
startup funds for new programs and opportunities, and meet specific
long-term obligations. The policy will be reviewed by the board every
five years.
The board approved the bylaws of the Section Leaders Council (SLC),
formerly Section Leaders Advisory Council. The SLC's mission is to
enhance the value of sections within the State Bar's administrative and
governing structure and assist the sections in promoting the State Bar's
mission.
Robert Swain, Appleton, was elected to fill the board vacancy created
by the resignation of Mark McGinnis who was elected Outagamie County
Circuit Court judge.
The board approved Past President Michelle Behnke's appointment of
Jeri Fiala, Madison, U.S. Bank vice president and trust manager, to
serve as a public member on the Wisconsin Trust Account Foundation
(WisTAF) board. The supreme court created WisTAF in 1986 to manage the
state's Interest on Lawyers Trust Account program and provide financial
support for the delivery of legal services to Wisconsin's low-income
residents.
The minutes will be posted on WisBar after approval at the September
meeting.
Inside the Bar
