Vol. 77, No. 7, July
2004
Supreme Court Orders
The Wisconsin Supreme Court has amended SCR Chapter 22 relating to
procedures for the lawyer regulation system. the court also has granted
permission to the judicial council to withdraw its motion regarding
discovery in chips cases. the board of bar examiners will hold a public
hearing on Aug. 17 relating to board rules in scr chapters 31 and
40.
Lawyer Regulation
System
In the matter of the Petitition for Amendment to Rule
22.08, Supreme Court Rules relating to the Lawyer
Regulation System
Order 04-01
On April 21, 2004, the court held a public hearing on the petition
filed Jan. 14, 2004, by the Office of Lawyer Regulation, seeking to
amend Supreme Court Rule 22.08 relating to procedures for the lawyer
regulation system. At the ensuing open administrative conference the
court unanimously adopted the petition.
IT IS ORDERED that, effective Jan. 1, 2005, Supreme Court Rule
Chapter 22 is amended as follows:
Section 1. 22.08(1)(a) of the supreme court rules is
amended to read:
22.08(1)(a) If the preliminary review panel determines that the
director has not established cause to proceed in the matter, the
director may dismiss the matter, which is a final decision, or the
director may continue the investigation and resubmit the matter to
the same a different panel within a reasonable
time after the first panel's determination. The director shall
notify the respondent and the grievant of the decision to dismiss the
matter or continue the investigation.
Section 2. 22.08(1)(b) of the supreme court rules is
amended to read:
22.08(1)(b) Following resubmission, if the panel determines that the
director has failed to establish cause to proceed, it shall report the
determination to the chairperson of the preliminary review committee,
who shall dismiss the matter and notify in writing the director, the
respondent, and the grievant of the dismissal. A decision of the
panel on resubmission that the director has failed to establish cause to
proceed is final, and there is no review of that decision.
Section 3. SCR 22.08(1)(c) of the supreme court
rules is repealed.
Section 4. SCR 22.08(2) of the supreme court rules
is amended to read:
22.08(2)(intro.) If the preliminary review panel or the panel on
resubmission determines that the director has established cause to
proceed in the matter, the director shall decide on the appropriate
discipline or other disposition to seek in the matter and may do any of
the following:
IT IS ORDERED that notice of this amendment of SCR 22.08 be given by
a single publication of a copy of this order in the official state
newspaper and in an official publication of the State Bar of
Wisconsin.
Dated at Madison, Wis., this 14th day of May, 2004.
By the court:
Cornelia G. Clark
Clerk of Supreme Court
Discovery in CHIPS Cases
In the matter of amendment of Wis. Stats. §§ 48.293,
48.295, and 804.01, relating to discovery in CHIPS cases
Order 03-02
On Feb. 12, 2003, the Judicial Council filed a petition seeking to
amend Wis. Stats. §§ 48.293, 48.295, and 804.01 to address
concerns regarding discovery in CHIPS cases and to clarify when and by
whom reports described in § 48.293(1) and (2) are to be provided,
and how applicable protective orders may be obtained. A public hearing
was conducted on Oct. 1, 2003. On March 5, 2004, the court returned the
petition to the Judicial Council for further consideration.
On June 7, 2004, the Judicial Council filed a motion to withdraw the
petition. The Judicial Council has opted to ask coordinators of
continuing legal education and judicial education to instruct attorneys
and judges that the best interests of children in Chapter 48 cases may
be considered in an application for a protective order under Wis. Stat.
(Rule) § 804.01, as an alternative to pursuing this petition.
Therefore,
IT IS ORDERED that the motion to withdraw the petition is
granted.
Dated at Madison, Wis., this 11th day of June, 2004.
By the court:
Cornelia G. Clark
Clerk of Supreme Court
Board of Bar Examiners
Notice is hereby given that the Board of Bar Examiners will conduct a
public hearing on the matter of the creation of Board rules pursuant to
SCR Chapter 31 Appendix on Aug. 17, 2004, at 12 p.m. in the offices of
Stellpflug, Janssen, Nell & Hammer at 444 Reid St., DePere, Wis.
John O. Olson, Chair
Board of Bar Examiners
Proposed Revision to SCR Chapter 31 Appendix:
To create:
DEFINITIONS
CLE 1.02
For the purpose of administering SCR Chapter 31, the minimum
number of persons attending a course shall be two attendees and one
moderator. Fewer than that number, and the course shall be deemed to be
self-study and shall not be approved for continuing legal education
credit.
Board of Bar Examiners
Notice is hereby given that the Board of Bar Examiners will conduct a
public hearing on the matter of the creation of Board rules pursuant to
SCR Chapter 40 Appendix on Aug. 17, 2004, at 12 p.m. in the offices of
Stellpflug, Janssen, Nell & Hammer at 444 Reid St., DePere, Wis.
John O. Olson, Chair
Board of Bar Examiners
Proposed Revision to SCR Chapter 40 Appendix:
BA 4.01
Applicants who otherwise satisfy SCR 40.04 and who have failed the
Wisconsin bar examination three times may request special permission to
write the bar examination. Special permission may be granted no more
than once to an applicant who satisfies the following conditions:
(a) A petition under oath for special permission must be received by
the Board by the May 1 preceding the July examination and the December 1
preceding the February examination. The petition must set forth a
satisfactory supervised study plan, including in detail the preparation
to be undertaken, consisting of formal coursework, independent study or
a combination thereof; a schedule of hours to be dedicated thereto
entailing no less than 160 hours in total; and the name of one or more
supervising attorneys licensed to practice law in this state.
To create:
BA 4.01
(b) The petition must be filed with the application and with all
application fees. The Board shall refund the fee if permission to sit is
denied.
And to renumber:
(c) A written statement under oath averring completion of the
study plan proposed pursuant to (a), to which a corroborating statement
under oath from the supervising attorney or attorneys is attached, must
be received by the Board at least seven calendar days prior to the
examination.
Wisconsin Lawyer
