SCR 10.03 Annotation Nonresident attorneys admitted pro hac vice under sub. (4) must be provided some form of notice and an opportunity to respond before pro hac vice status may be withdrawn. Jansen v. Wisconsin Patients Compensation Fund, 2001 WI 9, 241 Wis. 2d 142, 621 N.W.2d 902.

SCR 10.03 Annotation While sub. (4) permits a judge to admit nonresident counsel to appear in his or her court, the proceeding must be before the judge in his or her court and does not apply to any nonjudicial proceeding outside the court. Seitzinger v. Community Health Network, 2004 WI 28, 270 Wis. 2d 1, 676 N.W.2d 426, 02-2002.

SCR 10.03 Annotation The constitutionality of sub. (5) (b) 1. upheld. Theil v. State Bar of Wisconsin, 94 F. 3d 399 (1996).

SCR 10.03 Note NOTE: The above annotations relate to sub. (4) as it existed prior to Sup. Court Order No. 06-06.

SCR 10.03 Annotation The 1st amendment prohibits the Wisconsin State Bar from funding non-germane activities with compelled dues. The second sentence of sub. (5) (b) 1. is too narrow because it authorizes objections to the use of mandatory dues only for political and ideological activities that are not reasonably related to the constitutional purposes of regulating the legal profession and improving the quality of legal services. A State Bar public image campaign was germane to the Bar's constitutionally legitimate purpose of improving the quality of legal services available to the Wisconsin public. Kingstad v. State Bar of Wis., 622 F.3d 708 (2010).

SCR 10.03 Annotation New Rules Affect In-House Counsel. Dietrich. Wis. Law. Oct. 2008.

10.04 SCR 10.04  Officers.

10.04(1) (1)  Titles. Nomination and election. The officers of the state bar include a president, a president-elect, an immediate past-president, a chairperson of the board of governors, a secretary and a treasurer, who shall be nominated and elected in the manner provided by the bylaws. Only active members of the state bar residing and practicing law in Wisconsin are eligible to serve as president or president-elect of the association. The term of office of the president, president-elect, immediate past-president and chairperson of the board of governors is one year. The term of the secretary and the treasurer is 2 years, with the secretary elected in even-numbered years and the treasurer elected in odd-numbered years. The term of each officer runs until the qualification of a successor.

10.04(2) (2) Duties of officers.

10.04(2)(a) (a) President. The president is the chief executive officer of the association. He or she shall be a member-at-large of the board of governors and shall preside at all meetings and assemblies of the association and the executive committee. He or she shall make the appointments to and designate the chairperson of all standing committees, create and appoint special committees, and be a member, ex officio, of every committee.

10.04(2)(b) (b) President-elect and past-president. The president-elect and immediate past-president shall each be a member-at-large of the board of governors and the executive committee and shall perform all other duties assigned to them by the president or board of governors or under these rules or the bylaws. At the expiration of the one-year term of office of the president, the president-elect shall succeed to the office of president and the president shall succeed to the office of immediate past-president.

10.04(2)(c) (c) Chairperson, board of governors. The chairperson of the board of governors shall be elected from the board membership by its members and shall be a member-at-large of the board of governors after his or her election. The chairperson shall be a member of the executive committee ex officio and shall preside at all meetings of the board of governors. The chairperson shall perform the duties of the president in the absence or disability of the president or in the event of a vacancy in the office of president.

10.04(2)(d) (d) Secretary. The secretary shall be a member-at-large of the board of governors. The secretary shall confer with and generally supervise the executive director and the administrative staff of the state bar as to the keeping of proper minutes and records, the maintenance of correct membership files and mailing lists and the general operation of the headquarters office and he or she shall make recommendations thereon to the board of governors as required.

10.04(2)(e) (e) Treasurer. The treasurer shall be a member-at-large of the board of governors. The treasurer shall confer with and generally supervise the executive director and administrative staff of the state bar as to the methods and procedures used in the receipt, collection and safekeeping of all funds of the state bar and the procedures for disbursement and audit of the funds. The treasurer shall assist the executive committee in preparing the annual budget and in presenting it to the board of governors and shall make recommendations to the board of governors as to the association's financial affairs, as required.

10.04(3) (3) Compensation. The officers of the association shall receive no compensation for their services, but shall receive reimbursement of their expenses as authorized and directed by the board of governors.

10.04(3m) (3m) Term of office. The office of president and chairperson of the board of governors shall be for one term only. The offices of secretary and treasurer may be held for more than one term.

SCR 10.04 History History: Sup. Ct. Order No. 96-06, 200 Wis. 2d xiii (1996); Sup. Ct. Order No. 07-10, 07-13, 2008 WI 11, filed and eff. 2-12-08; Sup. Ct. Order No. 09-06, 2009 WI 97, 318 Wis. 2d xv.

10.05 SCR 10.05  Board of governors.

10.05(1) (1)  Composition of board. The affairs of the association shall be managed and directed by a board of governors consisting of the 6 officers of the association, all of whom shall be ex officio members-at-large of the board, not fewer than 34 members elected from the state bar districts established under sub. (2), one member selected by the young lawyers division pursuant to its bylaws, one member selected by the government lawyers division pursuant to its bylaws, five governors selected by the nonresident lawyers division pursuant to its bylaws, one governor selected by the senior lawyers division pursuant to its bylaws, and three nonlawyers appointed by the supreme court for staggered two-year terms. No person appointed by the supreme court shall serve more than two consecutive full terms. The rights and powers of the ex officio members of the board are the same as those of elected members. All past-presidents of the Wisconsin bar association or of the state bar of Wisconsin, the Wisconsin state delegate to the American Bar Association house of delegates and the deans of the Marquette university and university of Wisconsin law schools are entitled to floor privileges, but without voting privileges.

10.05(2) (2) State bar districts.

10.05(2)(a) (a) For the purpose of conducting elections of the members of the board of governors, the board of governors shall divide the state into 16 state bar districts comprising specified counties and shall establish the number of members of the board of governors to be elected from each district.

10.05(2)(b) (b) The number of members of the board of governors elected from each state bar district shall be in proportion to the number of active members entitled to vote residing in the district and shall take into consideration all of the following:

10.05(2)(b)1. 1. The composition of the judicial administrative districts established by sec. 757.60, Stats.

10.05(2)(b)2. 2. The geographical area of each state bar district.

10.05(2)(b)3. 3. All existing multi-county bar associations.

10.05(2)(b)4. 4. The representation of members in each state bar district afforded by members of the board of governors selected by divisions of the association under sub. (1).

10.05(2)(c) (c) Every 10 years, commencing January 1, 1995, the board of governors shall submit to the court a proposed redistricting map dividing the state bar into districts in accordance with the requirements in par. (b).

10.05(2)(d) (d) Notice, filing, review, hearing and adoption of a redistricting proposal submitted under par. (c) shall be as provided in SCR 10.13 (2) for amendment of bylaws.

10.05(3) (3) Term; qualifications; nomination and election. The term of office of each elected member of the board of governors is 2 years, commencing on July 1 next following his or her election. No person is eligible to vote in a district for governor or to serve on the board of governors from a district unless he or she is an active member of the association and maintains in the district his or her principal office for the practice of law. No person is eligible for election to the board of governors for more than 2 consecutive terms. The eligibility of any person to serve as a member of the board of governors from any state bar district ceases upon removal of the person's principal office for the practice of law from the district. Nominations and elections of members of the board of governors shall be conducted in accordance with the provisions of the bylaws.

10.05(4) (4) Functions.

10.05(4)(a) (a) The board of governors has general charge of the affairs and activities of the association. It may:

10.05(4)(a)1. 1. Fix the time and place of the annual meeting of members of the association.

10.05(4)(a)2. 2. Make appropriations and authorize disbursements from the funds of the state bar in payment of the necessary expenses of the association.

10.05(4)(a)3. 3. Engage and define the duties of employees and fix their compensation.

10.05(4)(a)4. 4. Receive, consider and take action on reports and recommendations submitted by committees, sections and the assembly of members of the association at any annual or special meeting.

10.05(4)(a)5. 5. Arrange for publication of an official state bar bulletin or journal.

10.05(4)(a)6. 6. Conduct investigations of matters affecting the association or the practice of law or the discipline of members of the association.

10.05(4)(a)7. 7. Fill vacancies arising in the membership of the board of governors or in any office except the office of president. In each case the person appointed to fill the vacancy shall hold office for the unexpired term.

10.05(4)(a)8. 8. Adopt bylaws and regulations, not inconsistent with this chapter, for the orderly administration of the association's affairs and activities.

10.05(4)(b) (b) The board of governors shall meet at least 4 times each year. Twenty-four members present at any meeting constitutes a quorum. Special meetings of the board of governors may be called in accordance with the bylaws.

10.05(4)(c) (c) The board of governors shall establish and maintain standing committees having respectively the functions defined in the bylaws. The board of governors may create additional standing committees and special committees and may define the authority and functions of those standing and special committees.

10.05(4)(d) (d) The board of governors shall establish and maintain sections for carrying on the work of the association, each within its proper field of study defined in its bylaws. Each section consists of members who voluntarily enroll in the section because of a special interest in the particular field of law to which the section is dedicated. New sections may be established and existing sections may be consolidated or discontinued by the board of governors. Each section shall be governed by bylaws not inconsistent with this chapter or state bar bylaws. Section bylaws and amendments thereto become effective upon approval of the board of governors.

10.05(4)(e) (e) A section may express a position on a matter involving a substantial issue of public policy under the following conditions:

10.05(4)(e)1. 1. The matter is one on which the section's views would have particular relevance.

10.05(4)(e)2. 2. The position is adopted in accordance with section bylaws.

10.05(4)(e)3. 3. The position is clearly taken only on behalf of the section.

10.05(4)(e)4. 4. The section charges annual dues at least equal to the cost of its legislative program so that the cost need not be borne by section nonmembers. The executive committee or board shall receive a summary of section positions on matters involving substantial issues of public policy prior to their publication but inaction by the executive committee or board shall not be construed as support of such positions. No committee of the association may publicly express any conclusion or opinion respecting any substantial issue of public policy without having procured previous authorization from either the board of governors or the executive committee of the association. This prohibition is not applicable to the public release of reports made by committees to the board of governors prior to action thereon by the board, unless the board has otherwise ordered. If any committee or section of the association expresses publicly any conclusion or opinion on matters other than substantial issues of public policy, the expression shall indicate that the conclusion or opinion is that of the section of committee from which it emanates, rather than the conclusion or opinion of the state bar.

10.05(4)(f) (f) The members of the board of governors shall receive no compensation for services to the association, but they and also the members of committees and the officers and directors of sections and of the young lawyers division, the government lawyers division, the nonresident lawyers division, and the senior lawyers division may be reimbursed for necessary expenses in the performance of their duties.

10.05(4)(g) (g) A complete summary of the minutes of each meeting of the board of governors shall be promptly printed in the Wisconsin bar bulletin, with a notation that any interested person may obtain a copy of the minutes on request to the secretary.

10.05(4)(h) (h) The board of governors shall establish and maintain a young lawyers division. Membership in the division shall be voluntary. Those eligible for membership in the young lawyers division shall be any member of the state bar under the age of 36 years or any member, irrespective of age, during the first 5 years following admission to the bar. This division shall be governed by bylaws not inconsistent with state bar rules and bylaws. The division bylaws and amendments thereto become effective upon approval of the board of governors. The young lawyers division shall stimulate the interest of young lawyers in the objectives and programs of the state bar and carry on projects which will be of assistance to young lawyers.

10.05(4)(i) (i) The board of governors shall establish and maintain a government lawyers division. Membership in the division shall be voluntary. Those eligible for membership in the government lawyers division shall be any member of the state bar who is a salaried employee of any government. This division shall be governed by bylaws not inconsistent with state bar rules and bylaws. The division bylaws and amendments thereto become effective upon approval of the board of governors. The government lawyers division shall promote effective collaboration between the private and public sectors of the bar and provide for the participation of publicly employed members in the governance of the state bar.

10.05(4)(j) (j) The board of governors shall establish and maintain a non-resident lawyers division. Membership in the division shall be voluntary. Those eligible for membership in the non-resident lawyers division shall be any member of the state bar who has an address of record outside the state of Wisconsin. This division shall be governed by bylaws not inconsistent with state bar rules and bylaws. The division bylaws and amendments thereto become effective upon approval of the board of governors. The non-resident lawyers division shall carry on projects which will be of assistance to members outside the state of Wisconsin and provide for the participation of members outside Wisconsin in the governance of the state bar.

10.05(4)(k) (k) The board of governors shall establish and maintain a senior lawyers division. Membership in the division shall be voluntary. Those eligible for membership in the senior lawyers division shall be any members of the state bar who are age 60 years or older. The division shall be governed by bylaws not inconsistent with state bar rules and bylaws. The division bylaws and amendments thereto become effective upon approval of the board of governors. The senior lawyers division shall carry on projects that will stimulate the interest of the senior lawyers in the objectives and programs of the state bar and carry on activities which will be of assistance to senior lawyers in the practice of law.

10.05(4)(m) (m)

10.05(4)(m)1. 1. `Establishment.' The board of governors may provide assistance programs, including assistance in law office management, and assistance to judges, lawyers, law students, and their families in coping with alcoholism and other addictions, mental illness, physical disability, and other problems related to or affecting the practice of law. The board may establish committees, hire staff, and obtain volunteers as reasonably necessary to provide assistance. The board shall establish policies consistent with the purposes of the state bar and in furtherance of the public interest in the competence and integrity of the legal profession.

10.05(4)(m)2. 2. `Privileges, immunity.' Communications with an assistance committee member, staff, or volunteers by any person providing information in good faith are privileged; no lawsuit based upon these communications may be instituted by any person. In providing assistance services, the board, members of assistance committees, staff, and volunteers designated by the board shall be immune from suit for any conduct in the course of their official duties.

10.05(4)(m)3. 3. `Confidentiality.' All communications with an assistance committee member, staff, or volunteer, and all records of program assistance to a person are confidential and shall not be disclosed, except in any of the following circumstances:

10.05(4)(m)3.a. a. With the express consent of the person provided assistance.

10.05(4)(m)3.b. b. When required as a condition for monitoring.

10.05(4)(m)3.c. c. When reasonably necessary to prevent death or substantial bodily harm to the person assisted or to another.

10.05(4)(m)3.d. d. When reasonably necessary to prevent child abuse or elder abuse.

10.05(4)(m)3.e. e. When reporting is mandated by other law.

SCR 10.05 History History: Sup. Ct. Order No. 94-24, 191 Wis. 2d xiii (1995); Sup. Ct. Order No. 96-06, 200 Wis. 2d xiii (1996); Sup. Ct. Order No. 01-10, 2002 WI 10, 249 Wis. 2d xxxvii; Sup. Ct. Order No. 07-02, 2007 WI 133, 301 Wis. 2d xxxv; Sup. Ct. Order No. 08-28, 2010 WI 36, 323 Wis. 2d xiii.

10.06 SCR 10.06  Executive committee.

10.06(1) (1)  Members; selection. The executive committee consists of the president, the president-elect, the immediate past-president, the chairperson of the board of governors, one representative each from the nonresident lawyers division, government lawyers division, young lawyers division, and senior lawyers division selected from their board of governors representatives and 6 additional members elected annually by the board of governors at its final meeting of the fiscal year. The 6 additional members shall be elected from among the governors-elect and the current governors who will serve on the board of governors during the following fiscal year. A vacancy occurring in the selected membership may be filled by action of the board of governors.

10.06(2) (2) Powers. The executive committee may exercise all the powers and perform all the duties of the board of governors between the meetings of the board except the executive committee shall not, unless otherwise authorized by the board of governors: amend the bylaws; make rules or regulations governing nominations or elections; prescribe regulations for proceedings before grievance committees; or initiate the taking of any referendum or poll of members of the association. The executive committee shall directly receive and act upon all reports of committees on disciplinary matters without reporting to the board of governors. The minutes relating to disciplinary matters shall be kept separate from the general minutes and shall be confidential. The executive committee shall prepare an annual budget for submission to the board of governors and shall perform such other duties as the board of governors may prescribe. Unless otherwise ordered by the board of governors, the executive committee shall not express publicly any opinion on any matter including legislation of major public interest or concern or of major importance to the members of the association. A complete summary of the general minutes of each meeting of the executive committee shall be promptly printed in the Wisconsin bar bulletin, with a notation that any interested person may obtain a copy of the general minutes upon request to the secretary.

10.06(3) (3) Meeting; quorum. The executive committee shall meet at the call of the president, or at the call of the executive director upon the written demand of at least 6 of its members. All members shall be given at least 48 hours' notice by mail or telephone of the time and place of any meeting. A majority of all members constitutes a quorum. No action may be taken by the committee except upon the concurrence of at least a majority of all members. The concurrence may be registered by mail, telephone, facsimile, or e-mail.

SCR 10.06 History History: Sup. Ct. Order No. 98-07, 221 Wis. (2d) xxxi (1998); Sup. Ct. Order No. 00-11, 2001 WI 16, 241 Wis. 2d xv; Sup. Ct. Order No. 01-10, 2002 WI 10, 249 Wis. 2d xxxvii.

10.07 SCR 10.07  Meetings of the association.

10.07(1) (1)  Annual meeting. There shall be an annual meeting of the members of the state bar each year. The board of governors shall determine the time and place of the annual meeting and shall arrange a suitable program.

10.07(2) (2) Assembly of members. An assembly of the members of the state bar may be held at each annual meeting for the purpose of discussing any issues of association public policy.

SCR 10.07 History History: Sup. Ct. Order No. 00-11, 2001 WI 16, 241 Wis. 2d xv.

10.08 SCR 10.08  Referendum procedure.

10.08(1) (1)  Time of holding. All referendums shall be conducted in any calendar year at the same time as and simultaneous with the election of officers and members of the board of governors of the state bar.

10.08(2) (2) Time for filing request. In order to be submitted to the membership in the regularly scheduled spring elections, petitions for referendum initiated by members of the state bar must be filed at the state bar headquarters no later than the first business day in January. Nothing in this rule is intended to prohibit the submission of referendum petitions at any time in the preceding calendar year after the completion of state bar elections for that year. Any referendum authorized by the board of governors shall be authorized on or before February 28 of the calendar year in which the referendum is to be held.

10.08(3) (3) Subject matter of referendum.

10.08(3)(a) (a) A referendum may inquire as to the opinion of members on any matter of public policy which is properly the subject of any action by the association, including proposals for change in the rules or bylaws of the association, except no referendum may be held on administrative or personnel matters and expenses or retroactively on dues.

10.08(3)(b) (b) The same substantive question shall not be submitted to the members by referendum more frequently than one time in two calendar years.

10.08(4) (4) Governors may initiate. The board of governors may, by the affirmative vote of two-thirds of its membership, refer to the active members of the association for determination by mail ballot any appropriate question of public policy, as provided in sub. (3).

10.08(5) (5) Members may initiate by petition. When required by petition as set forth herein, the board of governors shall submit for determination by the members of the association any question appropriate for referendum, as provided in sub. (3).

10.08(5)(a) (a) The petition shall succinctly and clearly state the question to be submitted by referendum.

10.08(5)(b) (b) A referendum must be requested by petitions containing the signatures of 1,000 members of the state bar eligible to vote.

10.08(5)(c) (c) Each petition shall contain (i) the member's signature and full name clearly printed or typed, (ii) the address of the member's principal office for the practice of law and (iii) the date on which the petition was signed.

10.08(5)(d) (d) Each petition shall be circulated by an active member in good standing of the state bar.

10.08(5)(e) (e) The petitions shall be verified by the circulator who shall swear that the circulator personally obtained all signatures set forth on the petition and knows them to be members of the state bar as represented therein.

10.08(5)(f) (f) The 1,000 signatures required shall include not less than 50 signatures from each of six separate districts from which members of the state bar board of governors are elected.

10.08(5)(g) (g) All signatures must be obtained within a period of ninety days before the date the petition is filed.

10.08(5)(h) (h) The petition shall designate the person to be notified of any insufficiency or improper form under sub. (7).

10.08(5)(j) (j) Members can obtain a petition form from the executive director.