State Bar seeks member feedback authorizing section joining amicus
on attorney-client privilege issue
December 22, 2003
The State Bar's Administrative & Local Government Law Section has
requested authorization to file a non-party brief as amicus curiae in
the GPS, Inc. v. Town of St. Germain case currently pending
before the Wisconsin Supreme Court. [See
letter
155 KB]
At issue in the case is whether a zoning appeals board's
decision-making process, including proposed findings of fact and
conclusions of law regarding a zoning variance request, as drafted by
the board's attorney before the board's decision or vote, can be
excluded from public access based upon an attorney-client privilege.
The State Bar's Executive Committee met on Dec. 19 and specifically
voted to authorize the section to seek permission from the court to
extend the deadline for filing a motion for leave to file a non-party
brief. This will preserve the section's options until the Board of
Governors' next meeting on Jan. 16, at which time, the section's request
for authorization to file a brief amicus curiae will be on the agenda as
an action item. The Executive Committee directed the section to comply
with the requirements
for section briefs amicus curiae as outlined in Section 2(a) of
Article VII of the State Bar's Bylaws.
In accordance with State Bar bylaws, State Bar members are invited to
express their opinions, comments, and recommendations about whether the
Board of Governors should authorize the section to file a brief amicus
curiae on this matter. All comments and recommendations timely received
will be considered by the Board of Governors in making its decision.
Responses must be received no later than Jan. 15. Responses received
by Jan. 5 will be included in the printed packets of material sent to
Board of Governor's members.
Send comments to Dan
Rossmiller by Jan. 15 or mail them to Dan Rossmiller, Public Affairs
Director, State Bar of Wisconsin, P.O. Box 7158, Madison, WI
53707-7158.
