10.03(6m)(a)(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. The secretary of the state bar shall certify the reinstatement to the clerk of the supreme court.
10.03(6m)(b)(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 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.
10.03(6m)(c)(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.
10.03(7)(7) Voluntary resignation of membership. If a member of the state bar files with the executive director 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.
10.03(8)(8) Avoidance of hardship. The board of governors 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.
History: Sup. Ct. Order No.
00-05
, 2001 WI 37, 242 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; Sup. Ct. Order No.
04-05
, 2005 WI 35, 277 Wis. 2d xiii; Sup. Ct. Order No.
06-06
, 2008 WI 109, filed 7-30-08, eff. 1-1-09; Sup. Ct. Order No.
08-26
, 2008 WI 123, filed and eff. 10-31-08; Sup. Ct. Order No.
08-27
and 06-09, 2009 WI 101, 319 Wis. 2d xv; Sup. Ct. Order No.
09-08
, 2011 WI 98, 337 Wis. 2d xiii.
SCR 10.03 (4) APPENDIX A
STATE OF WISCONSIN, CIRCUIT COURT ______COUNTY
CASE CAPTION: APPLICATION FOR ADMISSION PRO HAC VICE
Case Number:
I declare under penalty of perjury:
(1) That I seek to appear pro hac vice in order to represent ______________ in the above-captioned matter;
(2) That I am admitted to practice law in the highest court(s) of the state(s) or country(ies) of ;
(3) That there are no disciplinary complaints filed against me for violation of the rules of those courts (if so, please explain);
(4) That I am not suspended or disbarred from practice for disciplinary reasons or reason of medical incapacity in any jurisdiction (if yes, please explain) _________________________;
(5) That I am associated with Attorney ____________, State Bar No. , an active member of the State Bar of Wisconsin (name the member of the State Bar of Wisconsin and provide his/her Member Number)
(6) That I do not practice or hold out to practice law in the State of Wisconsin;
(7) That I acknowledge the jurisdiction of the courts of the State of Wisconsin over my professional conduct, and I agree to abide by the rules of the relevant division of the Circuit Court of the State of Wisconsin and the Wisconsin Court of Appeals and the Rules of Professional Conduct for Attorneys, if I am admitted pro hac vice;
(8) That I have complied fully with SCR Rule 10.03 (4);
(9) That I am applying for admission pro hac vice for the following reasons:
I have applied for admission pro hac vice in the courts of the State of Wisconsin _____ times previously in this calendar year.
I attach hereto evidence of my payment or prior payment of the pro hac vice fee to the Office of Lawyer Regulation.
Signature: __________________
Print Name:
Date:
Address:
Telephone Number:
SCR 10.03 (4) APPENDIX B
STATE OF WISCONSIN SUPREME COURT
In-House Counsel Registration
I, , request to be registered as in-house counsel for , a corporation, association, or other nongovernmental entity with an office in Wisconsin pursuant to Wisconsin Supreme Court Rules 20:5.5(d)(1) and SCR 10.03(4).
Wisconsin address of corporation/entity:
Wisconsin telephone number:
I declare under penalty of perjury that:
(1) I am employed as a lawyer by the above-named corporation/entity and that my employment conforms to the requirements of SCR 10.03 (4) (f).
(2) The above corporation, association or non-governmental entity is in good standing with the state of Wisconsin.
(3) I am admitted to practice law in the following jurisdictions, , without any restriction on my eligibility to practice law. I understand my obligation to notify this court immediately of any change respecting the status of my license to practice law in any jurisdiction in which I am licensed to practice law.
(4) I acknowledge that I am subject to the Wisconsin Supreme Court Rules, including the Rules of Professional Conduct for Attorneys.
(5) I understand that, as a registered in-house counsel, I am permitted to practice law in Wisconsin but only on behalf of the corporation, association or non-governmental entity for which I am employed, its directors, officers, and employees in their respective official or employment capacities, and/or its commonly owned or controlled organizational affiliates. I understand that I shall not appear in the courts of Wisconsin or in any agency or municipal proceeding that I have reason to believe prior to the proceeding is contested, unless pro hac vice admission is required and I am admitted pro hac vice pursuant to SCR 10.03 (4).
I attach hereto the documents required by SCR 10.03 (4) (f).
I attach hereto evidence of my payment of the in-house counsel registration fee to the Board of Bar Examiners.
_________________________________________________
Signature
_________________________________________________
Print Name
________________________________
Date
Address and Telephone Number
Wisconsin Comments: A registered in-house lawyer is authorized to provide legal services to the entity, client, or its organizational affiliates, including entities that control, are controlled by, or are under the common control with the employer, and for employees, officers, and directors of such entities, but only on matters directly related to their work for the entity and only to the extent consistent with SCR 20:1.7. A lawyer registered under this section may provide pro bono legal services to qualified clients of a legal service program. Counsel who provide legal services in this jurisdiction under SCR 20:5.5(d)(1) that desire to appear, either in person, by signing pleadings, or by being designated as counsel in actions filed in courts, administrative agencies, or other tribunals in this state, must file a separate motion for pro hac vice admission.
SCR 60.01 (8) defines "judge" as "a justice of the supreme court, a judge of the court of appeals, a judge of the circuit court, a reserve judge, a municipal judge, a court commissioner, and anyone, whether or not a lawyer, who is an officer of the judicial system and who performs judicial functions." [Re Order No. 06-06, effective January 1, 2009]
Case Notes: There is no requirement in sub. (4) to ensure that local co-counsel is in attendance at every significant state of trial. Sub. (4) requires that local counsel must be of record and make at minimum one in-court appearance. State v. Mosley, 201 Wis. 2d 36, 547 N.W.2d 80 (Ct. App. 1996).
SCR 10.03 gives the circuit court power to revoke a nonresident attorney's admission for proscribed conduct in any Wisconsin court. The power is discretionary. The rule does not require that the conduct must occur in the very litigation or court in which the revocation occurs. Filppula-McArthur v. Hallion, 2000 WI 8, 241 Wis. 2d 110, 622 N.W.2d 436.
The power to grant or withdraw a nonresident attorney's authority to appear and participate in court proceedings is left to the sound discretion of the trial court. Under sub. (4), there are 3 bases for revoking the right to appear: 1) incompetency; 2) unwillingness to abide the rules of professional conduct; and 3) unwillingness to abide by the rules of professional decorum. Filppula-McArthur v. Hallion, 2000 WI 8, 241 Wis. 2d 110, 622 N.W.2d 436.
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.
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.
The constitutionality of sub. (5) (b) 1. upheld. Theil v. State Bar of Wisconsin, 94 F. 3d 399 (1996).
NOTE: The above annotations relate to sub. (4) as it existed prior to Sup. Court Order No. 06-06.
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).
New Rules Affect In-House Counsel. Dietrich. Wis. Law. Oct. 2008.
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)(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.
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.
10.05SCR 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)(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)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)(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)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.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.
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.
10.06SCR 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.
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.
10.07SCR 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.
History: Sup. Ct. Order No.
00-11
, 2001 WI 16, 241 Wis. 2d xv.
10.08SCR 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.
