Details for WI SUPREME COURT - Ad from 2021-02-17

STATE OF WISCONSIN IN THE SUPREME COURT
In the Matter of
PETITION
Modification of the Emeritus Status,
20-__
Penalties for Late Payment of Dues and Fees,
Technical Corrections, and
Continuing Education Requirements
This request for modification of SCR 10.03 and SCR 31.02 comes before the Wisconsin Supreme Court pursuant to its authority
over the State Bar of Wisconsin and its inherent authority over the legal profession of this state. See also Wis. Const. Art. VII, § 3;
In re Kading, 70 Wis. 2d 508, 519-20; 235 N.W.2d 409 (1976). The State Bar is requesting modification of the emeritus membership
status, establishment of a “Senior Active” membership status, and makes additional modification to SCR 10.03 as proposed by the
Board of Governors Committee on Governance.
SECTION 1. Supreme Court Rule 10.03 (3) (a), is amended to read as follows:
(3) Classes of membership. (a) The members of the state bar are divided into 4 classes as follows: active members, judicial
members, inactive members and emeritus members.
1. Active Members. The class of active members includes all members of the state bar, including those designated as Senior
Active Members, except the judicial members and inactive members who are authorized to engage in the practice of law, either fulltime or part-time, salaried or non-salaried, regardless of age. Commencing July 1, 2021, upon attaining age 75, an active member
is designated as a “Senior Active Member” unless a written notice requesting enrollment in a different membership class is filed.
2. Inactive Members. The class of inactive members includes those persons members of the state bar who are eligible for active
membership but are not engaged in the practice of law in this state and who have filed with the secretary of the association state bar
written notice requesting enrollment in the class of inactive members. An inactive member may not practice law in this state other
than pro bono service as provided in 10.03 (3)(am).
3. Judicial Members. The class of judicial members includes the following persons: supreme court justices, court of appeals
judges, circuit court judges, full-time circuit court commissioners, full-time municipal court judges, supreme court commissioners,
court of appeals staff attorneys, federal district court judges, federal appellate court judges, federal bankruptcy judges, federal
magistrate judges, federal administrative law judges, and retired justices and judges who are eligible for temporary judicial
assignment and are not engaged in the practice of law. Any judicial member may elect to become an active member with all rights
of active membership except to hold office as an officer or governor or to practice law.
4. Emeritus Members. The class of emeritus members includes those persons members who are either active or inactive
members in good standing but who are at least 70 years of age who are in good standing and who have filed with the executive
director of the association state bar a written notice requesting enrollment in the class of emeritus members. An emeritus member
has all the privileges of membership in the state bar and need not pay membership dues for the years following the year in which
he or she attains the age of 70 may not practice law in this state other than pro bono service as provided in 10.03 (3)(am). Members
who have enrolled in this class of membership prior to July 1, 2021 retain all the privileges of active membership including the right
to practice law.
SECTION 2. Supreme Court Rule 10.03 (3) (am), is created to read as follows:
(am) Pro bono service by inactive or emeritus members. 1. An inactive or emeritus member may provide pro bono legal
services as defined in SCR 31.01(11) through a qualified pro bono program as defined in SCR 31.01(12) subject to the limitations
and requirements of this subsection. A member who is providing only pro bono legal services under this subsection shall pay no
additional dues, fees, or assessments than those assigned to their membership class. Each such member must comply with the
conditions under 2 through 4 of this section.
2. Supervision and limitations.
a. Supervision by attorney. The member must perform all activities authorized by this chapter under the general supervision of
a qualified pro bono program.
b. Without fee or expectation of a fee. The pro bono legal services must be provided without fee or expectation of a fee. The
prohibition against compensation for the attorney contained in this subsection does not prevent the qualified pro bono program from
reimbursing the attorney for actual expenses incurred while rendering services under this chapter or from paying continuing legal
education attendance fees on behalf of the attorney. Nothing in this subsection prevents a qualified pro bono program from receiving
court-awarded or statutory attorneys’ fees for pro bono legal services rendered by the attorney.
3. Certification. Permission for an attorney to perform services under this subsection is effective upon filing with and approval by
the state bar of Wisconsin of a certification from a qualified pro bono program and the attorney stating that the attorney;
a. Is currently associated with the program and that the attorney will be practicing under the general supervision of the program,
b. Is in good standing, does not have a pending disciplinary proceeding, and has never been disbarred or had their license to
practice law revoked or suspended in this state or any other jurisdiction
c. Will only provide pro bono legal services as defined in SCR 31.01(11), and
d. Will at all times comply with the Wisconsin supreme court rules of professional conduct for attorneys set forth in Wisconsin
supreme court rules chapter 20 and the rules and standards for training and conduct established by the qualified pro bono program
provider which petitioned for the member’s pro bono status.
4. Withdrawal of certification.
a. Withdrawal of permission to perform services. Permission to perform services under this chapter must cease immediately upon
the filing with the state bar of Wisconsin of a notice either from the qualified pro bono program stating that the attorney has ceased to
be associated with the program, which notice must be filed within 30 days after such association has ceased or from the Wisconsin
supreme court, in its discretion, at any time, stating that permission to perform services under this chapter has been revoked. A copy
of such notice must be mailed to the attorney involved and to the qualified pro bono program.
b. Notice of withdrawal. If an attorney’s certification under this chapter is withdrawn for any reason, the qualified pro bono
program must immediately file a notice of such action in the official file of each matter pending before any court or tribunal in which
the attorney appeared.
SECTION 3. Supreme Court Rule 10.03(3) (b), is amended to read as follows:
(b) 1. Any inactive or emeritus member in good standing who has actively practiced law in this state during the last 10 years may
change his or her classification to that of an active member by filing with the secretary state bar a written request for transfer to the
class of active members and by paying the dues required of active members.
2. a. Any inactive or emeritus member in good standing who has not actively practiced law in this state during the last 10 years
may change his or her classification to that of an active member by filing with the secretary state bar a written request for transfer
to the class of active members, paying the dues required of active members, and obtaining supreme court approval as provided in
subd. 2. b.
b. Any inactive or emeritus member described in subd. 2. a. seeking to change his or her classification to that of an active
member shall file a copy of his or her request for transfer to active membership with both the board of bar examiners and the office of
lawyer regulation. The member shall pay $200 each to the board of bar examiners and the office of lawyer regulation, which payment
shall accompany the copy of the request. Within 90 days after receipt of the copy of the request, the board of bar examiners shall
make a determination regarding compliance with continuing legal education requirements and file its finding with the clerk of the
supreme court. Within 90 days after receipt of the copy of the request, the director of the office of lawyer regulation shall investigate
the eligibility of the requestor and file a response with the clerk of the supreme court in support of or in opposition to the request.
Following receipt of the determination of the board of bar examiners and the response of the office of lawyer regulation, the supreme
court shall consider and approve or disapprove the inactive or emeritus member’s request for transfer to active membership.
SECTION 4. Supreme Court Rule 10.03 (3) (bf), is amended to read as follows:
(bf) Any judicial member who is no longer serving in a judicial office may change his or her classification to that of an active
member by filing with the secretary state bar a written request for transfer to the class of active members and paying the dues
required of active members.
SECTION 5. Supreme Court Rule 10.03 (3) (bm), is amended to read as follows:
(bm) Any inactive member in good standing may change his or her classification to that of an emeritus member if otherwise
qualified to become an emeritus member provided that no inactive member who has not actively practiced law in this state or
in another state during the last two years may be transferred to emeritus status until the board of bar examiners certifies that
the member has completed the continuing legal education requirements required for transfer to active status and the transfer is
approved by the supreme court the requirements of such membership class are met.
SECTION 6. Supreme Court Rule 10.03 (3) (c), is amended to read as follows:
(c) No judicial, or inactive, or emeritus member may practice law in this state or hold office or vote in any election conducted by
the state bar provided however that an inactive or emeritus member may provide pro bono legal services consistent with 10.03 (3)
(am). No Subject to the exception in 10.03(3)(am), no person engaged in the practice of law in this state in his or her own behalf or
as an assistant or employee of an active member of the state bar, or occupying a position, the duties of which require the giving of
legal advice or service in this state, may be enrolled as an inactive or emeritus member.
SECTION 7. Supreme Court Rule 10.03 (4) (a), is amended to read as follows:
(4) (a) No individual other than an enrolled active member of the state bar may practice law in this state or in any manner
purported to be authorized or qualified to practice law provided however, that an inactive or emeritus member may provide pro bono
legal services consistent with 10.03(3)(am).
SECTION 8. Supreme Court Rule 10.03 (5) (a), is amended to read as follows:
(5) Membership dues and reduction of dues for certain activities. (a) The annual membership dues for state bar operations for
an active member shall be established as provided herein. Other classes of members shall pay the fraction of the dues of an active
member as follows: Supreme Court Justices, the full amount; judicial members, two-thirds; senior active members, one-half effective
in the year the member attains the age of 75; inactive members, one-half; judicial members, two-thirds emeritus members, none; and
members admitted to practice for 3 years or less, one-half. For purposes of determining an active member’s dues status based on
the number of years admitted, there shall be no proration based on the exact month and year of admission. A fiscal year for which
any dues are required to be paid under Bylaw 1, Section 2 shall count as a full year and a fiscal year for which no dues payment is
required shall not count as a year. A change in the dues of an active member for state bar operations may be made by the board
of governors or as set forth herein. The state bar shall include in the dues statement each year the amount necessary to pay the
costs of the Office of Lawyer Regulation, System and of the continuing legal education functions of the Board of Bar Examiners, as
approved the Wisconsin lawyer’s fund for client protection, and such other fees as ordered by the Supreme Court. Judicial members
other than Supreme Court Justices are not liable to pay the portion for the costs of these boards, as reflected in the dues statement
the Office of Lawyer Regulation and the Board of Bar Examiners. The state bar shall also include in the dues statement each year an
assessment to support the public interest legal services fund, as approved by the supreme court. The state bar shall show separately
on its annual dues statement the portion of the total dues for state bar operations, the assessments for and each of the boards
charges and other assessments imposed by the supreme court referred to above.
SECTION 9. Supreme Court Rule 10.03 (5) (b) 1, is amended to read as follows:
(b)1. The State Bar state bar may engage in and fund any activity that is reasonably intended for the purposes of the association
set forth in SCR 10.02(2). The State Bar state bar may not use the compulsory dues of any member who objects pursuant to
SCR 10.03(5)(b)3. for activities that are not necessarily or reasonably related to the purposes of regulating the legal profession or
improving the quality of legal services. Expenditures that are not necessarily or reasonably related to the purposes of regulating
the legal profession or improving the quality of legal services may be funded only with voluntary dues, user fees or other sources
of revenue.
SECTION 10. Supreme Court Rule 10.03 (6m), is amended to read as follows:
(6m) Petition for reinstatement from suspension for nonpayment of dues or failure to file a trust account certificate. (a) An attorney
whose suspension for nonpayment of annual membership dues for state bar operations or assessments imposed by the supreme
court has been for a period of less than 3 consecutive years shall be reinstated as a member by the state bar board of governors
if he or she makes full payment of the amount owing and an additional payment of $20 as a penalty reinstatement fee plus any
penalties imposed by the state bar. The secretary of the state bar shall certify the reinstatement to the clerk of the supreme court.
(b) An attorney whose suspension for nonpayment of annual membership dues for state bar operations or assessments imposed
by the supreme court has been for a period of 3 or more consecutive years may file a petition for reinstatement with the supreme
court. A copy of the petition shall be served on the board of bar examiners and the office of lawyer regulation. Separate payments
in the amount of $200 each shall be made to the board of bar examiners and the office of lawyer regulation and shall accompany
the petition. Within 90 days after service of the petition for reinstatement, the board of bar examiners shall make a determination
regarding compliance and file its finding with the supreme court. Within 90 days after service of the petition for reinstatement, the
director of the office of lawyer regulation shall investigate the eligibility of the petitioner for reinstatement and file a response with
the supreme court in support of or in opposition to the petition. Following receipt of the determination by the board of bar examiners
and the response of the office of lawyer regulation, the supreme court shall consider and approve or disapprove the petition for
reinstatement.
(c) An attorney suspended from the practice of law for failure to comply with the trust account certification requirement under
SCR 20:1.15 (g) shall be reinstated as a member by the state bar board of governors if he or she files the prescribed certificate. The
secretary of the state bar shall certify the reinstatement to the clerk of the supreme court.
SECTION 11. Supreme Court Rule 10.03 (7) (a), is amended to read as follows:
(7) (a)Voluntary resignation of membership. If a member of the state bar files with the executive director state bar a written notice
of the member’s surrender of his or her license to practice law and the acceptance by the supreme court of his or her resignation
in the state bar, the person shall then cease to be a member of the state bar and his or her name shall be removed from the
membership register. Before accepting a resignation, the supreme court shall request from the office of lawyer regulation information
concerning whether the attorney is the subject of any pending grievances, investigations, or proceedings.
SECTION 12. Supreme Court Rule 10.03 (7) (b) 2, is amended to read as follows:
2. The attorney shall file an original petition for readmission to the state bar with the clerk of the supreme court and shall file
copies of the petition with the board of bar examiners and the office of lawyer regulation. The member shall pay $200 each to the
board of bar examiners and the office of lawyer regulation which payment shall accompany the copy of the petition. Within 90
days after receipt of the copy of the petition for readmission, the board of bar examiners shall make a determination regarding the
eligibility of the petitioner for readmission and file its finding with the clerk of the supreme court. Within 90 days after receipt of the
copy of the petition for readmission, the director of the office of lawyer regulation shall investigate the eligibility of the petitioner for
readmission and file a response with the clerk of the supreme court in support of or in opposition to the petition. Following receipt of
the determination by the board of bar examiners and the response of the office of lawyer regulation, the supreme court shall consider
and approve or disapprove the petition for readmission.
SECTION 13. Supreme Court Rule 10.03(8), is amended to read as follows:
(8) Avoidance of hardship. The board of governors state bar may, in any case in which to do otherwise would result in hardship
or injustice, permit the retroactive enrollment of members and waive penalties prescribed for delinquency in the payment of
membership dues.
SECTION 14. Supreme Court Rule 31.02, is amended to read as follows:
(1) A lawyer shall attend a minimum of 30 hours of approved CLE during each reporting period. A lawyer who is a Senior Active
Member shall attend a minimum of 15 hours of approved CLE during each reporting period.
(2) A lawyer shall attend a minimum of 3 of the 30 hours required under sub. (1) on the subject of legal ethics and professional
responsibility in every reporting period.
(3) A lawyer may attend a maximum of six (6) hours of the 30 hours required under sub. (1) on subjects designed to enhance a
lawyer’s awareness and understanding of substance abuse/dependence disorders, mental illness, stress management, and work/
life balance relating to the practice of law.
(4) A lawyer may attend a maximum of six (6) hours of the 30 hours required under sub. (1) on the subject of law practice
management, which may include topics such as client communications, trust accounting, record keeping, applications of technology,
and other subjects essential to the practice of law. Courses or portions of courses dealing primarily with profit enhancement or
marketing of services will be denied credit.
(5) A lawyer may not claim credit for attending the same course more than one time during a reporting cycle.
A memorandum setting forth the reasons for this petition is attached.
Respectfully submitted this 19th day of October, 2020
Atty. Kathleen A. Brost, President
Atty. Christopher E. Rogers, Past President
Atty. Cheryl Furstace Daniels, President-Elect
Atty. Paul G. Swanson, Past President
Atty. Jill M. Kastner, Immediate Past President
Atty. Francis W. Deisinger
State Bar of Wisconsin
5302 Eastpark Blvd
Madison, WI 53718
PUB: WSJ: February 17, 24 & March 3, 2021
#39384-1 WNAXLP

Categories