Vol. 78, No. 6, June 2005

Supreme Court Orders

• Lawyer Regulation System District Committees
• Voluntary Court Forms for Pro Se Litigants
• Translation of Court Forms

Lawyer Regulation System District Committees

In the matter of the Petition for Amendment to Supreme Court Rules relating to District Committees in the Lawyer Regulation System

Order 04-10

On Nov. 2, 2004, the Office of Lawyer Regulation (OLR) filed a petition seeking to amend Supreme Court Rules 21.06, 21.07, 21.10, 21.11, 22.04, and 22.25 relating to district committees within the lawyer regulation system.

A public hearing on the petition was conducted on April 13, 2005. At the ensuing open administrative conference the court voted unanimously to adopt the petition with certain minor modifications, effective the date of this order, as follows:

Section 1. SCR 22.001 (9m) is created to read as follows:

22.001 (9m) "Public member" means an individual who is eligible to vote in the state of Wisconsin, but who is not a member of the state bar of Wisconsin.

Section 2. 21.06 (1) of the Supreme Court Rules is amended to read:

21.06 (1) A district committee in each of the state bar districts established under SCR 10.05 (2) consists of lawyers and nonlawyers public members appointed by the supreme court. The number of members of each committee shall be in proportion to the geographic and population size of the district, and t . To the extent feasible, at least one-third and preferably two-fifths, of the members shall be nonlawyers public members. Members serve staggered 3-year terms. A member may serve not more than 3 consecutive 3-year terms.

Section 3. 21.07 (1) and (2) of the Supreme Court Rules are amended to read:

21.07 (1) The 14-member preliminary review committee consists of 9 lawyers and 5 nonlawyers public members appointed by the supreme court. Members serve staggered 3-year terms. A member may serve not more than 2 consecutive 3-year terms.

21.07 (2) The preliminary review committee, having a quorum of 8 members, is comprised of 2 7-member panels, each having at least 4 lawyers and 2 nonlawyers public members and a quorum of 4 members. The chairperson of the preliminary review committee shall designate the members of each panel and shall devise and implement a rotation system by which each member of the committee serves on each panel during each 3-year period.

Section 4. 21.10 (1) of the Supreme Court Rules is amended to read:

21.10 (1) The 12-member board of administrative oversight of the lawyer regulation system consists of 8 lawyers and 4 nonlawyers public members appointed by the supreme court. Members serve staggered three-year terms. A member may serve not more than two consecutive three-year terms.

Section 5. 21.11 (2) of the Supreme Court Rules is amended to read:

21.11 (2) The director shall provide formal training in procedural and substantive ethics rules to the members of the district committees. Committee members shall attend at least one training session within the first year of appointment as a condition of appointment, unless the director extends the time to fulfill the training requirement.

Section 6. 21.11 (6) of the Supreme Court Rules is amended to read:

21.11 (6) The training provided in (1) through (3) and (5) shall emphasize the role and the importance of the contributions of nonlawyer public member participants in the lawyer regulation system.

Section 7. 22.04 (3) of the Supreme Court Rules is amended to read:

22.04 (3) The district committee shall conduct an investigation and file an investigative report with the director within 90 days after the date of referral the respondent's right to request substitution of the investigator assigned to the matter under sub. (2) as a matter of right terminates or has been waived. The committee chairperson, with notice to the grievant and respondent, may request an extension of time to complete the investigative report from the director. The committee chairperson shall set forth the reasons for the request and the date by which a report will be filed in a written request for the extension. The director may approve or deny the request, in the director's discretion. The investigative report shall outline the relevant factual allegations and identify possible misconduct, if any, and may make a recommendation as to the disposition of the matter. The district committee shall include in reports to the director all relevant exculpatory and inculpatory information obtained.

Section 8. 22.25 (3) of the Supreme Court Rules is amended to read:

22.25 (3) If the special investigator determines that there is not sufficient information to support an allegation of possible misconduct, the special investigator may close the matter. The special investigator shall notify the grievant in writing that the grievant may obtain review by the special preliminary review panel of the closure by submitting a written request to the special investigator. The request for review must be received by the special investigator within 30 days after the date of the letter notifying the grievant of the closure. The special investigator shall send the request for review to the special preliminary review panel consisting of 4 lawyers and 3 nonlawyers public members appointed by the supreme court and having a quorum of 4 members. Members of the special preliminary review panel serve staggered 3-year terms. A member may serve not more than 2 consecutive 3-year terms. Upon a timely request by the grievant for additional time, the special investigator shall report the request to the chairperson of the special preliminary review panel, who may extend the time for submission of additional information relating to the request for review. If the panel affirms the investigator's determination, the special preliminary review panel shall inform the grievant. The panel's decision affirming closure of the matter is final. If the panel does not concur in the investigator's determination, it shall direct the investigator to initiate an investigation of the matter.

IT IS ORDERED that notice of this amendment of Supreme Court Rules 21.06, 21.07, 21.10, 21.11, 22.04, and 22.25 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 5th day of May, 2005.

By the court:

Cornelia G. Clark, Clerk of Supreme Court

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Voluntary Court Forms for Pro Se Litigants

In the matter of the Adoption of Voluntary Court Forms Designed for Self-represented Litigants

Order 05-02

On Jan. 21, 2005, the Director of State Courts, on the recommendation of the Records Management Committee, filed a petition asking this court to amend Wis. Stat. §§ 758.18, 807.001, 971.025, and Supreme Court Rule 70.153 relating to the adoption of voluntary court forms for use by self- represented litigants. A public hearing on the petition was conducted on April 13, 2005. At the ensuing open administrative conference the court voted unanimously to adopt the petition, effective the date of this order as follows:

Section 1. 758.18 of the statutes is renumbered 758.18 (1) and amended to read:

758.18 (1) The judicial conference shall adopt standard court forms for use by parties and court officials in all civil and criminal actions and proceedings in the circuit court as provided in ss. 807.001 (1) and 971.025 (1). If an applicable court form has been adopted under sub. (2), that form may be used in lieu of the standard court form.

Section 2. 758.18 (2) of the statutes is created to read:

758.18 (2) At the request of the director of state courts, the judicial conference may adopt forms created for voluntary use by self-represented litigants in the circuit court. The judicial conference shall identify which forms are intended for voluntary use.

Section 3. 807.001 (1) of the statutes is amended to read:

807.001 (1) In all civil actions and proceedings in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18 (1), commencing the date on which the forms are adopted. If an applicable court form has been adopted under s. 758.18 (2), that form may be used in lieu of the standard court form.

Section 4. 807.001 (2) and (3) of the statutes are amended to read:

807.001 (2) A party or court official may supplement a standard court form with additional material.

(3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form under sub. (1) or to follow the format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.

Section 5. 971.025 (1) of the statutes is amended to read:

971.025 (1) In all criminal actions and proceedings and actions and proceedings under chapters 48 and 938 in circuit court, the parties and court officials shall use the standard court forms adopted by the judicial conference under s. 758.18 (1), commencing the date on which the forms are adopted. If an applicable court form has been adopted under s. 758.18 (2), that form may be used in lieu of the standard court form.

Section 6. 971.025 (2) and (3) of the statutes are amended to read:

971.025 (2) A party or court official may supplement a standard court form with additional material.

(3) A court may not dismiss a case, refuse a filing or strike a pleading for failure of a party to use a standard court form under sub. (1) or to follow the format rules but shall require the party to submit, within 10 days, a corrected form and may impose statutory fees or costs or both.

Section 7. SCR 70.153(1) is amended to read:

SCR 70.153 (1) The standard court forms that the judicial conference is required to adopt under s. 758.18, stats., of the statutes shall be developed by the records management committee, an advisory committee to the director of state courts office.

Section 8. SCR 70.153 (2) is amended to read:

SCR 70.153 (2) Under article VIII of the bylaws of the judicial conference, the judicial members of the records management committee act on behalf of the judicial conference in the adoption of standard court forms.

Section 9. SCR 70.153 (3) is amended to read:

SCR 70.153 (3) Each standard court form shall include a notice that the form may be supplemented with additional material.

Section 10. SCR 70.153 (4) (a) is amended to read:

SCR 70.153 (4)(a) Upon adoption of a standard court form, the records management committee shall distribute or make a copy of the form available to the clerks of circuit court, the circuit court judges, the state bar of Wisconsin and other appropriate persons who are required to use the form .

Section 11. SCR 70.153 (4) (b) is amended to read:

SCR 70.153 (4)(b) Within 90 days after the date of distribution of a standard court form adopted under par. (a)s. 758.18 (1), stats., an interested person may file with the records management committee a written objection to the mandatory use of the form, to the content of the form or to both the use and the content.

Section 12. SCR 70.153 (5) is created to read:

SCR 70.153 (5) Any voluntary form adopted under s. 758.18 (2), if properly completed, shall be received for filing or other appropriate action by the circuit court. If a clerk of circuit court distributes voluntary forms, the clerk shall use forms adopted under s. 758.18 (2), stats., whenever they are available for that purpose.

Section 13. The following comment to SCR 70.153 is adopted to read:

COMMENT: The amendments to SCR 70.153 made pursuant to this order reflect the authority of the judicial conference, acting at the request of the director of state courts, to adopt forms created for voluntary use by self-represented litigants in the circuit court as provided in s. 758.18 (2), stats.

IT IS ORDERED that notice of this amendment of Wis. Stat. §§ 758.18, 807.001, 971.025, and SCR 70.153 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 15th day of April, 2005.

By the court:

Cornelia G. Clark, Clerk of Supreme Court

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Translation of Court Forms

In the matter of the Translation of Court Forms

Order 05-04

On Jan. 21, 2005, the Director of State Courts filed a petition seeking to amend Wis. Stat. § 758.18 and to create a new Supreme Court Rule 70.155 concerning the translation of court forms into languages other than English. A public hearing on the petition was conducted on April 13, 2005. At the ensuing open administrative conference the court voted unanimously to adopt the petition, effective the date of this order, as follows:

Section 1. 758.18 (3) of the statutes is created to read:

758.18 (3) The judicial conference may adopt translations of forms adopted under sub. (1) and (2). The judicial conference shall identify the forms to be translated and the languages to be used.

Section 2. SCR 70.155 is created to read:

SCR 70.155 Translation of court forms.

(1) The records management committee, working with the director of state courts office, shall identify court forms and instructions suitable for translation into a language other than English. Translated forms adopted by the judicial members of the records management committee, on behalf of the judicial conference, shall be treated as court forms adopted under s. 758.18, stats., and SCR 70.153.

(2) Translated forms shall use a format that incorporates both English and the second language. Every question or statement requiring a response, such as a check box or signature, will provide only one location in the English portion of the form to make that response. The answers to free-text questions must be written in English.

(3) Each translated form shall carry a notice, in both languages, that the translated form does not replace any of the following:

(a) The need for an interpreter.

(b) Any colloquies mandated by law.

(c) The responsibility of court and counsel to ensure that persons with limited English proficiency fully comprehend their rights and obligations.

(4) Use of a translated form does not supersede the need for an interpreter for communicating with counsel, or for in-court proceedings pursuant to s. 885.38, stats. Interpreters may assist individuals in filling out forms to the extent permitted by SCR 63.07.

IT IS ORDERED that notice of this amendment of Wis. Stat. § 758.18 and creation of SCR 70.155 be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 19th day of April, 2005.

By the court:

Cornelia G. Clark, Clerk of Supreme Court

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