Notice of State Bar Bylaw Amendments
A petition for review of the following changes in the State Bar bylaws will be entertained by the Wisconsin Supreme Court if signed by 25 or more active State Bar members and filed with the clerk of court within 60 days after publication of notice of change. Hearings upon such a petition will be pursuant to notice in such manner as the court directs.
Article I Membership
Certificate of Bylaw Amendment
I, George C. Brown, the Executive Director of the State Bar of Wisconsin, do hereby certify that the following bylaw amendment resolutions were duly voted on by the Board of Governors on December 7, 2012, and were approved by a 36-2 vote.
RESOLVED, that State Bar Bylaw Article I, be amended as follows:
Article I Membership
Section 5. Dues Reduction Arbitration Procedure. (a) Demands for arbitration of the dues reduction under SCR 10.03 (5) (b) shall be made in writing and shall be delivered to the Executive Director of the State Bar within 30 days of receipt of the member’s dues statement. Delivery may be made in person or by first class mail, and mailed demands will be deemed delivered upon mailing. Demands shall include the name and address of the member or members demanding arbitration, a brief statement of the claim or objection, and the signature of the member or members.
(b) If one or more timely demands for arbitrations arbitration are delivered, the State Bar shall agree to submit the matter forthwith to arbitration. All timely demands for arbitration shall be consolidated for hearing before the arbitrator appointed, and the provisions of ch. 788, Stats., shall apply as if the parties had entered into a written agreement for arbitration1. A member demanding arbitration is required to pay his or her dues by October 31 or 15 days following the arbitrator’s decision, whichever is later. Failure to pay dues by such date shall automatically suspend the delinquent member.
(c) Upon receipt of all demands for arbitration, the State Bar shall apply for appointment of an impartial arbitrator to the Chief Judge of the Federal District Court for the Western District of Wisconsin.
(d) Members demanding arbitration shall have access to the financial records upon which the State Bar based the determination of the amount of dues that can be withheld. These records shall be available for inspection and copying during normal business hours. Copying shall be at the member’s expense.
(e) The arbitrator shall determine the date, time and location of the arbitration hearing(s) or the briefing schedule, as the case may be, and shall so notify the parties at least 15 days prior to said hearing(s) or the deadline for the filing of the opening brief. The arbitrator will promptly hold hearings in which the parties will be permitted to participate personally or through a representative, unless the parties agree that the matter may be decided on briefs. The State Bar shall bear the burden of proof regarding the accuracy of the determination of the amount of dues that can be withheld. All parties will be given the opportunity to present evidence and to present arguments in support of their positions. The arbitrator shall not be deemed a necessary party in judicial proceedings relating to the arbitration. The arbitrator shall have no authority to add, subtract, set aside or delete from any Supreme Court Rule, or State Bar bylaw. Unless otherwise agreed by the parties, the following rules shall apply to the arbitration proceedings:
i. There will be no transcripts or post-hearing briefs.
ii. The arbitrator will issue an award stating the reasons for the decision within 30 business days of the closing of the hearing. The opinion will be brief, and based on the evidence and arguments presented.
iii. The arbitrators arbitrator will charge a maximum of $100 per hour reasonable hourly fee for services, including the hearing, preparation and study time, and shall be reimbursed for all necessary expenses of the arbitration.
iv. The hearing(s) or the briefing schedule, as the case may be, shall be held completed within 60 days of appointment of the arbitrator.
v. The arbitrator shall not be deemed a necessary party in judicial proceedings relating to the arbitration.
vi. The arbitrator shall have no authority to add, subtract, set aside or delete from any Supreme Court Rule, or State Bar bylaw.
(f) Members first admitted to the State Bar after the date of notification to members shall be given that notification with their initial dues statements. Such members shall be further notified that they may deliver a demand for arbitration within 30 days following receipt of the notification. If arbitration is pending at the date of delivery of a demand for arbitration by a newly admitted member, the newly admitted member’s demand shall be consolidated with the pending arbitration. All of the provisions of this section shall otherwise apply to demands for arbitration filed by newly admitted members.
1“The arbitrator’s decision would not receive preclusive effect in any subsequent section 1983 action.” Chicago Teachers Union v. Hudson, 472 U.S. 292, 308 n. 21 (1986).
Article I, Section 2 Membership Dues
Certificate of Bylaw Amendment
I, George C. Brown, the Executive Director of the State Bar of Wisconsin, do hereby certify that the following bylaw amendment resolutions were duly voted on by the Board of Governors on February 1, 2013, and were approved by a unanimous vote.
RESOLVED, that State Bar Bylaw Article 1, be amended as follows:
Article I, Section 2:
Section 2. Membership Dues. Membership dues shall be paid on the basis of a July 1 through June 30 fiscal year and shall be due and payable to the treasurer on July 1 beginning each such year. Membership dues for the fiscal year in which admission to the State Bar occurs shall be paid by the due date stated on an initial dues statement as follows: (i) for those admitted between July 1 and December 31, full applicable annual dues; (ii) for those admitted between January 1 and April 30, one-half applicable annual dues; (iii) for those admitted between May 1 and June 30, no dues. The Board of Governors may exempt any member serving in the armed forces of the United States at the date of admission or at the beginning of any fiscal year, provided satisfactory proof of exemption is submitted to the Executive Director within 60 days of the date dues otherwise would be payable. The Board of Governors shall exempt any newly admitted member who qualifies for an exemption under Wis. Stat. 45.44(3) from their initial dues upon certification of eligibility from the Board of Bar Examiners. For those admitted between May 1 and June 30, the waiver will apply to the first dues owed for the fiscal year following admission.
