Court denies petition, calls for study of mandatory fee arbitration

At its March 13 hearing, the Wisconsin Supreme Court voted unanimously to deny a petition submitted by Gerald C. Sternberg to create a mandatory fee arbitration system in Wisconsin and to authorize a comprehensive study of the issue.

Sternberg said that a mandatory fee arbitration system would help improve the public image of the legal system and would level the playing field for attorneys and clients involved in a fee dispute. He said that clients want to avoid the court process, if possible, and would benefit from mandatory arbitration.

State Bar President-elect Gerald Mowris told the court that the Board of Governors unanimously opposed the petition but supported the study of mandatory fee arbitration in specific cases. Mowris said that if the court determines that there is a demonstrated need, the State Bar would like to be involved in designing a workable solution.

"Sternberg's proposal permits the participants to 'go through the motions' of arbitration while having no intention of accepting the outcome," said Mowris. "The provisions permitting either party to the arbitration to decline to be bound by the arbitrator's decision coupled with the option of seeking a de novo hearing in civil court effectively defeat the purpose of the proposal. If a client is already unhappy with a bill, how much more unhappy would the client be when after taking time to participate in 'arbitration' the client finds him or herself in a civil action?" added Mowris.

In the open conference following the hearing, Justice Patrick Crooks said that the court's decision to study mandatory fee arbitration is not a criticism of what current volunteers - lawyers and public members - are doing. Justice Jon Wilcox agreed. "Things are working, and if there is a glitch, we'll find it and fix it," he said.

The justices authorized the appointment of a study committee by June 30, 2001.

Practice Tips:
IRS develops Power of Attorney information database

A universally accessible database allows instant access to taxpayer Power of Attorney information from any IRS service center, regardless of where the Power of Attorney form was filed.

Previously, taxpayers mailed or faxed their Power of Attorney forms to the service center at which they filed their income tax return. The database into which that information was entered was not accessible to IRS employees at other locations, creating delays for taxpayers who may have moved.

The database eliminates the need to ship paper documents between locations or to request faxes or mailings from taxpayers or their representatives. Taxpayers or their representatives may fax their signed Form 2848 (Power of Attorney) or Form 8821 (Tax Information Authorization) directly to the Centralized Authorization File Unit, located in the service center to which they send their tax returns. Each service center will enter forms into the universal database.

The fax number for Wisconsin's service center, located in Kansas City, is (816) 823-2076.

Information on foreign language media sought

The supreme court's Committee to Improve Interpreting in the Wisconsin Courts is seeking to identify information on foreign language newspapers that circulate to Wisconsin residents. The committee also would like information on foreign language television and radio shows, Web sites, student newspapers, and newsletters.

The committee will recommend ways to improve the quality and availability of court interpreters of Wisconsin's state and municipal courts. As part of that mission, the committee wants to increase opportunities for interpreter training and recruitment. The foreign language media list will help reach a greater pool of people statewide interested court interpreter training. Send information on foreign language media to Marcia Vandercook at (608) 267-7335 or marcia.vandercook@courts.state.wi.us.

Milwaukee County Courthouse unveils waiting room for victims

A new Victim Waiting Room offers a safe, comfortable environment where victims of domestic violence can wait until their cases are called in court. Until now, victims had to sit near the accused batterer while waiting sometimes several hours for the case to be called.

The project is supported by the Milwaukee County Judicial Oversight Initiative, which the Milwaukee County Circuit Court developed in 1999 upon receiving nearly $2 million in federal grant funds to improve services to victims and treatment for offenders in domestic violence cases. The grant has allowed for the addition of emergency personal advocates for victims, who assist victims in finding emergency housing, transportation, and childcare.