The State Bar is authorized to engage in legislative activities relating to the administration of justice and the practice of law, including matters of substantive law on which the views of lawyers have special relevance. The guiding principle of the Bar in its legislative activities, as in all its other functions, is that it acts in the public interest. Positions adopted by the Board of Governors on legislative proposals requires approval by a 60 percent majority at a meeting at which a quorum is present. Members who object to such activity can reduce their mandatory dues payment by an amount equal to the portion attributable to the advocacy.
A State Bar of Wisconsin division cannot lobby as an entity on an issue unless it is a position adopted by the State Bar Board of Governors. If a division wishes to lobby on an issue, they may bring it to the Board of Governors for consideration.
Reporting Legislative Activity as Required by Wisconsin Lobby Law
Under the lobby law, all organizations that attempt to influence state legislation or resolutions, administrative rules, or gubernatorial appointments must track costs related to the development of legislative positions.
Division activities which fall under the lobby law include:
- Division has as its members or guests individuals who are public officials as defined by State ethics laws.
- Division develops publications that are designed or could be used to influence legislation or administrative rules, whether they be correspondence, brochures, books, magazines or newsletters
- Division meetings' sole purpose is developing strategies to pass or defeat legislation; all volunteer costs including mileage reimbursement, meals and lodging.
If your division participates in any of the above activities, the State Bar must keep track of your time or reimbursements, or both used for these purposes.
You must report any expenditures or reimbursements for your division that apply to the Wisconsin Lobby Law. Any questions on reporting should be directed to your staff liaison or your Government Relations Coordinators, Sandy Lonergan or Cale Battles, at the State Bar.
Government Relations Procedures
In addition to the legislative activities of the State Bar as a whole, individual practice sections may also take legislative positions independent of the Bar.
In 2000, the State Bar of Wisconsin adopted new procedures to govern its government relations program/legislative activities. The procedures were to provide for prioritization of legislative positions, guidelines for sections when taking legislative positions and conflict resolution procedures when sections have divergent views, for example. These procedures have been implemented and are now in place.
Again, under Supreme Court Rules, divisions are not allowed to take legislative positions independent of Board of Governors approval.
