Supreme Court to take over district committee appointments
Other changes to BAPR include creation of new administrative committee

Feb. 1, 2000

The Wisconsin Supreme Court took its first serious steps toward revamping the Board of Attorneys Professional Responsibility (BAPR) on Thursday, Jan. 20, the first day of a two-day public administrative conference. On both days, the justices made significant changes to the structure of BAPR, the supreme court agency that regulates lawyer discipline statewide.

One major change included the creation of a neutral panel -- separate from investigators, prosecutors and the BAPR board of directors -- that would review cases and determine whether BAPR can file formal charges. Under the current system, the BAPR board (which often oversees investigations) decides whether to press formal charges, giving the board, according to several justices, too much control and too little accountability over the entire process.

"This should be a no-brainer," said Justice Diane Sykes. "For the protection of everyone -- lawyers and the public -- we need a neutral body in this role."

The new system also would divide the BAPR board into two entities. One would act as an administrative oversight board, reviewing the discipline system, controlling all administrative functions, and acting as a limited appellate body for complainants or accused attorneys unhappy with the disposition of their cases. A second committee would oversee case intake, investigation, and prosecution.

On Friday, the justices discussed the fate of the 16 professional responsibility committees (district committees). While they briefly considered discontinuing these committees, the justices agreed that the expertise and experience of the lawyer and nonlawyer committee members were valuable. However, the justices agreed that all committees need to more closely follow established procedures in investigations and discipline recommendations; the justices also proposed that committee members receive extensive training in the attorney discipline system.

The court also decided to take on the task of appointing members to the district committees, a task which now falls upon the State Bar president. "This is not a Bar function," said Chief Justice Shirley Abrahamson. "The responsibility and authority should lie with [the supreme court]." Abrahamson suggested establishing a selection committee, with a seat reserved for the Bar president, but the justices did not resolve the new selection process.

The court also discussed creating an intake system to deal with complaints that do not rise to the level of ethics violation. Interim BAPR Administrator James Martin will form a committee to develop an intake system.

Supreme Court Commissioner William Mann will draft language for changes to the Supreme Court Rules regarding attorney discipline by mid-March. According to Chief Justice Abrahamson, a public hearing will be held after the new system has been in place approximately five months.