21.06(3)(a)
(a) To educate the bar and the public about the high ideals of the legal profession and the practice of law consistent with the rules of professional conduct for attorneys set forth in SCR chapter 20.
21.06(3)(b)
(b) To refer promptly to the director any possible misconduct or medical incapacity of an attorney that comes to its attention.
21.06(3)(c)
(c) To assist in the investigation of possible misconduct or medical incapacity of an attorney upon referral by the director.
21.06(3)(d)
(d) To make a recommendation to the director as it may consider appropriate as to the disposition of any matter the committee has investigated.
21.06(3)(e)
(e) To assist upon request of the director in monitoring an attorney's participation in an alternatives to discipline program or compliance with conditions imposed on the attorney's practice of law.
21.06(3)(f)
(f) To resolve or adjust at the request of the director a dispute between an attorney and a client or other attorney if the dispute does not involve misconduct or medical incapacity and the complaining person agrees to the procedure. Within 30 days after receiving notice of the dispute, the committee shall report to the director each dispute resolved, adjusted or unresolved.
21.06(4)
(4) Each district committee shall hold regularly scheduled meetings as needed to complete its work timely. Meetings also may be held at the call of the chairperson. At the first meeting held each calendar year, the committee shall elect a chairperson and a vice-chairperson to act in the absence of the chairperson. A majority of members constitutes a quorum, except that the chairperson may designate a subcommittee of one or more members to conduct a preliminary investigation or investigative meeting and prepare a report and recommendation for consideration and action by the committee. A subcommittee also may be designated to monitor an attorney's participation in a diversion from discipline program or compliance with conditions imposed on the attorney's practice of law.
21.06(5)
(5) The portions of the meetings of a district committee relating to specific disciplinary matters are closed. The portions of the meetings relating to other matters are open.
SCR 21.06 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
04-10, 2005 WI 56, 279 Wis. 2d xiii.
21.07
SCR 21.07 Preliminary review committee. 21.07(1)(1) The 14-member preliminary review committee consists of 9 lawyers and 5 public members appointed by the supreme court. Members serve staggered 3-year terms. A member may serve not more than 2 consecutive 3-year terms.
21.07(2)
(2) The preliminary review committee, having a quorum of 8 members, is comprised of 2 7-member panels, each having at least 4 lawyers and 2 public members and a quorum of 4 members. The chairperson of the preliminary review committee shall designate the members of each panel and shall devise and implement a rotation system by which each member of the committee serves on each panel during each 3-year period.
21.07(3)
(3) The duties of the preliminary review panels are:
21.07(3)(a)
(a) To review the results of investigations of allegations of attorney misconduct or medical incapacity presented by the director and to determine whether there is cause for the director to proceed in the matter. The affirmative vote of four or more members of a panel is required to determine cause to proceed in a matter.
21.07(3)(b)
(b) To review at the request of a grievant the director's closing of a matter prior to investigation under SCR 22.02 (6) (a) and dismissal of a grievance following investigation under SCR 22.05 (1) (a).
21.07(3)(c)
(c) To confer periodically with the board of administrative oversight about the operation of the preliminary review committee and panels and suggest improvements in their operation.
21.07(4)
(4) The preliminary review committee shall hold regularly scheduled meetings at least quarterly. At the first meeting of each calendar year, the preliminary review committee shall elect a chairperson and a vice-chairperson to act in the absence of the chairperson.
21.07(5)
(5) Each panel shall meet as needed and shall report its determinations to the chairperson of the preliminary review committee.
21.07(6)
(6) The portions of the meetings of the preliminary review committee and of the panels relating to specific disciplinary matters are closed. The portions of the meetings relating to other matters are open.
21.07(7)
(7) The preliminary review committee and the panels shall take and retain full and complete minutes of the open and closed sessions of their meetings. The minutes of the open sessions are available to the public.
21.07(8)
(8) The preliminary review panels shall function pursuant to the procedures set forth in SCR chapter 22.
21.07(9)
(9) Members of the preliminary review committee are entitled to reimbursement for expenses incurred in connection with membership on the committee.
SCR 21.07 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
04-10, 2005 WI 56, 279 Wis. 2d xiii.
21.08
SCR 21.08
Referees. 21.08(1)(1) Members of a permanent panel of attorneys and reserve judges appointed by the supreme court shall serve as referees to conduct hearings on complaints of attorney misconduct, petitions alleging attorney medical incapacity, and petitions for license reinstatement, to make findings, conclusions and recommendations and submit them to the supreme court for review and appropriate action, to review consensual discipline under SCR 22.09, and to review determinations of the preliminary review panels under SCR 22.07 (4) that the director has failed to establish cause to proceed in a matter.
21.08(2)
(2) Referees shall function pursuant to the procedures set forth in SCR chapter 22.
SCR 21.08 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix.
21.09
SCR 21.09
Supreme court. 21.09(1)(1) The supreme court determines attorney misconduct and medical incapacity and imposes discipline or directs other action in attorney misconduct and medical incapacity proceedings filed with the court.
21.09(2)
(2) The supreme court shall meet with the director, with the preliminary review committee, and with the board of administrative oversight annually to discuss the operation of the lawyer regulation system and consider improvements in its operation.
SCR 21.09 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix.
21.10
SCR 21.10
Board of administrative oversight. 21.10(1)
(1) The 12-member board of administrative oversight of the lawyer regulation system consists of 8 lawyers and 4 public members appointed by the supreme court. Members serve staggered three-year terms. A member may serve not more than two consecutive three-year terms.
21.10(2)
(2) The duties of the board of administrative oversight are:
21.10(2)(a)
(a) To monitor the fairness, productivity, effectiveness, and efficiency of the attorney regulation system, including intake, the time required for disposition of an allegation of attorney misconduct or medical incapacity, the presence of a quorum at meetings of the preliminary review panels and the frequency of divided votes determining cause to proceed, variations in specific matters among the discipline sought by the director, the discipline recommended by the referee, and the discipline imposed by the supreme court.
21.10(2)(b)
(b) To monitor implementation of new procedures in the lawyer regulation system.
21.10(2)(c)
(c) To assess the public's and the bar's perception of the integrity of the lawyer regulation system.
21.10(2)(d)
(d) To report its findings to the supreme court.
21.10(2)(e)
(e) To review periodically with the supreme court the operation of the lawyer regulation system and to file an annual report with the supreme court of the system's activities during the preceding year.
21.10(2)(f)
(f) To propose for consideration by the supreme court substantive and procedural rules related to the regulation of lawyers.
21.10(2)(g)
(g) To inform and educate the public and the bar about the operation of the lawyer regulation system.
21.10(2)(h)
(h) To propose to the supreme court, after consultation with the director, an annual budget for the office of lawyer regulation.
21.10(3)
(3) The board of administrative oversight has no substantive or procedural function in the lawyer regulation system as it concerns particular matters and does not exercise administrative oversight or supervision of the operation of the lawyer regulation system in respect to specific matters or proceedings involving allegations of attorney misconduct or medical incapacity. A member of the board may not contact investigative or prosecutorial staff directly in respect to a particular investigative or prosecutorial matter, whether completed, pending or contemplated. A member of the board may contact investigative or prosecutorial staff directly and privately in respect to purely administrative matters.
21.10(4)
(4) The board shall hold at least four regularly scheduled meetings each year. The meetings shall be open to the public except as otherwise provided by law. A majority of members currently serving constitutes a quorum of the board. At its first meeting each calendar year the board shall elect a chairperson, a vice-chairperson to act in the absence of the chairperson, and such other officers as it may consider necessary.
21.10(5)
(5) The board shall take and retain full and complete minutes of the open and closed sessions of its meetings, including the identification of members whose motions, votes, and comments are recorded, and shall provide a copy of the minutes of the open session of each meeting to each member of the supreme court as soon as practicable following the meeting. The minutes of the open sessions are available to the public.
21.10(6)
(6) Members of the board are entitled to reimbursement for expenses incurred in connection with membership on the board.
SCR 21.10 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
04-10, 2005 WI 56, 279 Wis. 2d xiii.
21.11
SCR 21.11
Training of lawyer regulation system participants. 21.11(1)(1) The director and current staff of the office of lawyer regulation shall provide formal training for new members of the staff.
21.11(2)
(2) The director shall provide formal training in procedural and substantive ethics rules to the members of the district committees. Committee members shall attend at least one training session within the first year of appointment as a condition of appointment, unless the director extends the time to fulfill the training requirement.
21.11(3)
(3) The director and current members of the preliminary review committee shall provide formal training to new members of the preliminary review committee.
21.11(4)
(4) Staff of the supreme court shall provide formal training to the referees.
21.11(5)
(5) The director and current members of the board of administrative oversight shall provide formal training to the new members of the board of administrative oversight.
21.11(6)
(6) The training provided in (1) through (3) and (5) shall emphasize the role and the importance of the contributions of public member participants in the lawyer regulation system.
SCR 21.11 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
04-10, 2005 WI 56, 279 Wis. 2d xiii.
21.12
SCR 21.12
Roles of office of lawyer regulation, grievant, and district committees. In the investigation process and in the prosecution of complaints alleging attorney misconduct and petitions alleging attorney medical incapacity, the director and staff of the office of lawyer regulation and the district committees do not represent the complaining person, the attorney against whom a grievance has been made, the bar generally, or any other person or group. The director, staff of the office of lawyer regulation, and district committees represent the interests of the supreme court and the public in the integrity of the lawyer regulation system in its search for the truth. A grievant is not a party to a misconduct or medical incapacity proceeding brought by the office of lawyer regulation.
SCR 21.12 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii.
21.13
SCR 21.13
Official duties. When acting in the course of their official duties under SCR chs.
21 and
22, the following are acting on behalf of the supreme court in respect to the statutes and supreme court rules and orders regulating the conduct of attorneys:
21.13(1)
(1) The director and staff of the office of lawyer regulation.
21.13(3)
(3) Members of district committees.
21.13(5)
(5) Members of the preliminary review committee.
21.13(6)
(6) Members of a special preliminary review panel.
21.13(8)
(8) Members of the board of administrative oversight.
21.13(9)
(9) Attorneys designated by the director to monitor compliance with diversion agreements or with conditions imposed by the supreme court in misconduct and medical incapacity proceedings, or to investigate or conduct a hearing in a reinstatement proceeding.
SCR 21.13 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii.
21.14
SCR 21.14
Conflict of interests, recusal. 21.14(1)
(1) The following may not take part in a matter in which they are a complaining person, grievant, or respondent or in which their own interests outside of their official duties under SCR chs.
21 and
22 reasonably may be perceived to impair their impartiality or when a judge similarly situated would be disqualified under s.
757.19, 1997 stats. or recusal would be required under SCR 60.04 (4):
21.14(1)(a)
(a) The director and staff of the office of lawyer regulation.
21.14(1)(e)
(e) Members of the preliminary review committee.
21.14(1)(f)
(f) Members of a special preliminary review panel.
21.14(1)(h)
(h) Attorneys designated by the director to monitor an attorney's participation in a diversion from discipline program or compliance with conditions imposed on the attorney's practice of law.
21.14(1)(i)
(i) Members of the board of administrative oversight.
21.14(2)
(2) Allegations of misconduct or malfeasance against the director, staff of the office of lawyer regulation, retained counsel, a member of a district committee, a special investigator, a member of the preliminary review committee, a member of a special preliminary review panel, a referee, an attorney designated by the director to monitor an attorney's participation in a diversion from discipline program or compliance with conditions imposed on the attorney's practice of law, or a member of the board of administrative oversight shall be governed by the procedures under SCR 22.25.
SCR 21.14 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12, 2001 WI 120, 247 Wis. 2d xiii; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii.
21.15
SCR 21.15
Duties of attorneys. 21.15(1)
(1) Pursuant to SCR 20:8.5 (a), an attorney admitted to practice law or practicing law in Wisconsin is subject to the lawyer regulation system, whether he or she practices in Wisconsin or in other jurisdictions and regardless of where the attorney's conduct occurs.
21.15(2)
(2) A license to practice law authorizes a person to practice law and to participate in the administration of justice. It is the duty of every attorney to act in conformity with standards imposed upon attorneys as conditions of the privilege to practice law set forth in SCR chapter 20: rules of professional conduct for attorneys.
21.15(3)
(3) An attorney has the duty to refer a member of the public who wishes to communicate an inquiry about or a grievance against an attorney to the director.
21.15(4)
(4) Every attorney shall cooperate with the office of lawyer regulation in the investigation, prosecution and disposition of grievances, complaints filed with or by the director, and petitions for reinstatement. An attorney's willful failure to cooperate with the office of lawyer regulation constitutes violation of the rules of professional conduct for attorneys.
21.15(5)
(5) An attorney found guilty or convicted of any crime on or after July 1, 2002, shall notify in writing the office of lawyer regulation and the clerk of the Supreme Court within 5 days after the finding or conviction, whichever first occurs. The notice shall include the identity of the attorney, the date of finding or conviction, the offenses, and the jurisdiction. An attorney's failure to notify the office of lawyer regulation and clerk of the supreme court of being found guilty or his or her conviction is misconduct.
SCR 21.15 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii.
21.16
SCR 21.16 Discipline.
