Sept. 8, 2009 – With the state Legislature returning for a September floor session, many significant legislative issues supported by the State Bar of Wisconsin’s Board of Governors will be in play, including increased public financing for Supreme Court campaigns and several important pieces of civil justice reform.

In addition, the State Bar’s government relations team will be kept busy as many bills followed by individual State Bar sections are expected to begin moving through the Legislature, including legislation related to voting rights, the mortgage foreclosure crisis, financial industry reform and consumer protection. In addition, both the State Bar’s Indian Law Section and the Children and the Law Section anticipate legislative action on a bill to codify in state law the federal Indian Child Welfare Act.

A high priority for the State Bar this session will continue to be enactment of the Impartial Justice Bill – Assembly Bill 65 and Senate Bill 40 – which would greatly increase public financing for Wisconsin Supreme Court campaigns. The State Bar’s Board of Governors has long-supported the bill, which was introduced this year by Representative Gordon Hintz and Senator Pat Kreitlow.

The Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing approved the Senate version of the Impartial Justice Bill last month, while the Assembly Committee on Elections and Campaign Reform approved the Assembly version of the bill in June. Past President Thomas Basting testified in support of the bill on behalf of the State Bar at a joint Senate/Assembly public hearing on May 27.

Now that the Impartial Justice Bill has been approved by committees in both houses of the Legislature, the bill is likely to see a floor vote in one or both houses sometime during the upcoming fall floor period.

The State Bar’s Board of Governors addressed the issue of public financing for Supreme Court campaigns several years ago and concluded that such a reform would “help maintain the integrity and independence of Wisconsin’s courts, where even the perception of bias destroys public trust and confidence in the justice system.”

In December 2007, all seven members of the Wisconsin Supreme Court wrote a letter to Governor Doyle and all legislators expressing their support for “realistic, meaningful public financing for Supreme Court elections to facilitate and protect the judicial function.” While the court made it clear it was not endorsing any particular bill, the justices stated “The risk inherent in any non-publicly funded judicial election for this court is that the public may inaccurately perceive a justice as beholden to individuals or groups that contribute to his or her campaign. Judges must not only be fair, neutral, impartial and non-partisan but also should be so perceived by the public.”

In addition to the Impartial Justice Bill, State Bar lobbyists expect further legislative action on two significant pieces of civil justice reform.

The first major civil justice reform bill, Assembly Bill 179and Senate Bill 127, introduced by Representative David Cullenand Senator Fred Risser, would remove the requirement that a person injured by medical malpractice involving a state officer, employee, or agent serve notice of claim with the Attorney General within 180 days of the injury. The bill would effectively apply the same 3-year statute of limitations for medical malpractice cases currently in place for privately run health systems to state officers and other governmental bodies.

The second major civil justice reform bill, Assembly Bill 291 and Senate Bill 203, referred to as the Family Justice Bill, would permit a parent to recover for the loss of society and companionship of an adult child whose injuries are the result of medical malpractice. Current law does not allow a parent to recover for loss of society and companionship under those circumstances. Similarly, an adult child cannot recover for loss of society and companionship if the adult child’s parent dies as the result of medical malpractice. Under SB 203, both the parent and the adult child would be allowed to recover in these situations. The legislation was introduced this year by Representative Jon Richards and Senator Jeffrey Plale.

Both Senate Bill 127 and the Assembly and Senate versions of the Family Justice Bill received public hearings this summer. State Bar President Douglas W. Kammer testified for the State Bar in favor of Senate Bill 127 and Senate Bill 203 at a Senate hearing on August 18. (View Senate Bill 127 testimony and Senate Bill 203 testimony.)

The State Bar will also be lobbying for two pieces of legislation related to the homestead exemption and debtors’ rights. One of these bills supported by the State Bar of Wisconsin, Assembly Bill 189 and Senate Bill 160, increases the homestead exemption from $40,000 to $75,000. State Bar lobbyists will also be lobbying for Assembly Bill 387 and Senate Bill 259, also introduced by Representative Hebl and Senator Taylor. Those bills would raise the value of various form of property that are exempt from execution. (Exempt property is property that individuals can keep from execution or seizure by creditors or a bankruptcy trustee.)

Finally, the State Bar will continue lobbying for two pieces of much-needed reform legislation related to the State Public Defender. The first, Assembly Bill 224, would increase the statutory $40 per hour rate for private bar SPD appointments to $70. That bill is currently pending in Representative Hebl’s committee, which gave the bill a well-attended public hearing in June but has not yet scheduled a vote on the bill.

The State Bar will also continue lobbying for recently introduced legislation (Assembly Bill 395 and Senate Bill 263) to expand and update standards for financial eligibility for public defender representation. Those standards have not been updated for more than 20 years.

Continue to monitor WisBar.org and visit the State Bar’s Government Relations page for updated information on this legislation.

Related articles:

Lawmakers continue push for increased public defender eligibility limits – September 2, 2009
Senate judiciary committee approves Impartial Justice Bill, holds hearing on Family Justice Bill, other issues – August 25, 2009
Assembly committee approves Impartial Justice Bill, increasing public financing of supreme court campaigns – June 25, 2009
U.S. Supreme Court Issues Massey v. Caperton Ruling – June 9, 2009
State Bar testifies in support of the Impartial Justice Bill – May 28, 2009
Statement of State Bar President Diane Diel in Support of Senate Bill 40, the "Impartial Justice Bill" – February 10, 2009

Rotunda Report is a new newsletter, issued once every two weeks, from the State Bar of Wisconsin that highlights legislative, judicial and administrative developments that impact the legal profession and the justice system. It is produced by the Bar’s Government Relations Team and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our Web site for the most current information about justice-related issues.

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