Note: SCR Chapter 21 was repealed and recreated October 1, 2000; amended; November 14, 2001; April 1, 2002; May 5, 2005; July 1, 2007; July 1, 2010.
21 PreambleSCR 21 Preamble. The lawyer regulation system is established to carry out the supreme court's constitutional responsibility to supervise the practice of law and protect the public from misconduct by persons practicing law in Wisconsin.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
21.001SCR 21.001 Definitions. The terms used in this chapter have the meaning set forth in SCR 22.001.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
21.01SCR 21.01 Components.
21.01(1)(1) The lawyer regulation system consists of the following:
21.01(1)(a)(a) Office of lawyer regulation, provided in SCR 21.02.
21.01(1)(b)(b) District committees, provided in SCR 21.06.
21.01(1)(c)(c) Preliminary review committee, provided in SCR 21.07.
21.01(1)(e)(e) Board of administrative oversight, provided in SCR 21.10.
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.
21.02SCR 21.02 Office of lawyer regulation.
21.02(1)(1) The office of lawyer regulation consists of the director, investigative and support staff, and staff counsel and retained counsel. The office receives and responds to inquiries and grievances relating to attorneys licensed to practice law or practicing law in Wisconsin and, when appropriate, investigates allegations of attorney misconduct or medical incapacity, and may divert a matter to an alternatives to discipline program. The office is responsible for the prosecution of disciplinary proceedings alleging attorney misconduct and proceedings alleging attorney medical incapacity and the investigation of license reinstatement petitions.
21.02(2)(2) The office of lawyer regulation functions pursuant to the procedures set forth in SCR chapter 22.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
21.03SCR 21.03 Office of lawyer regulation — director.
21.03(1)(1) The director of the office of lawyer regulation is appointed by and serves at the pleasure of the supreme court.
21.03(2)(2) The director shall be admitted to the practice of law in Wisconsin no later than six months following appointment.
21.03(3)(3) The director is an employee of the supreme court under the supreme court's ultimate personnel authority and subject to personnel policies and procedures administered by the director of state courts.
21.03(4)(4) The performance of the director shall be formally evaluated every two years by the director of state courts, who shall consult with the staff of the office of lawyer regulation, the preliminary review committee, the board of administrative oversight, and attorneys who represent respondents in proceedings brought by the director. The director of state courts shall report the evaluation to the supreme court as a personnel matter.
21.03(5)(5) The director may not engage in the private practice of law.
21.03(6)(6) The duties of the director are:
21.03(6)(a)(a) To investigate any possible misconduct or medical incapacity of an attorney licensed to practice law or practicing law in Wisconsin.
21.03(6)(b)(b) To receive, review and direct the investigation of allegations of attorney misconduct or medical incapacity.
21.03(6)(c)(c) To close an inquiry or grievance following preliminary evaluation and to dismiss a grievance following investigation when there is insufficient evidence of cause to proceed.
21.03(6)(d)(d) To present as the director may consider appropriate the results of an investigation to the preliminary review committee for a determination of cause to proceed in the matter.
21.03(6)(e)(e) To file with the supreme court and prosecute complaints alleging attorney misconduct and petitions alleging attorney medical incapacity after a preliminary review panel has determined there is cause to proceed in the matter.
21.03(6)(f)(f) To divert a matter to an alternatives to discipline program as the director may consider appropriate and to monitor the attorney's participation in the program.
21.03(6)(g)(g) To monitor an attorney's compliance with conditions imposed on the attorney's practice of law.
21.03(6)(h)(h) To investigate petitions for license reinstatement and, at the request of the board of bar examiners, to investigate the character and fitness of an applicant for bar admission.
21.03(6)(j)(j) To employ, with the approval of the director of state courts, staff to assist in the performance of the director's duties.
21.03(6)(m)(m) To prepare annually a budget for the operation of the office of lawyer regulation and to submit it to the board of administrative oversight for review and presentation, with comment, to the supreme court.
21.03(6)(n)(n) To prepare annually a report of the activities of the office of lawyer regulation during the preceding year and to submit it to the board of administrative oversight for review and presentation, with comment, to the supreme court.
21.03(6)(o)(o) To delegate the duties specified in this rule to staff as the director may consider advisable.
21.03(6)(p)(p) To perform other duties as may be assigned by the supreme court.
21.03(7)(7) The director may refer a matter alleging attorney misconduct or medical incapacity to a district committee for investigation.
21.03(8)(8) The director may refer a matter involving a fee dispute to a state or local bar association's fee arbitration committee for resolution.
21.03(9)(9) The director, with notice to the lawyer concerned, may refer a lawyer to a state bar lawyer assistance program for any of the following reasons:
21.03(9)(a)(a) The lawyer has agreed to enter an alternative to discipline program and the director determines that a state bar lawyer assistance program would be the appropriate entity to monitor conditions.
21.03(9)(b)(b) The lawyer is subject to conditions on the continued practice of law or conditions on seeking license reinstatement and the director determines a state bar lawyer assistance program would be the appropriate entity to monitor conditions.
21.03(9)(c)(c) The lawyer has pleaded impairment or medical incapacity in response to an investigation or a complaint.
21.03(9)(d)(d) The lawyer has exhibited or engaged in other behavior that provides a reasonable belief that the lawyer may be impaired or incapacitated.
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.
08-28
, 2010 WI 36, 323 Wis. 2d xiii.
21.04SCR 21.04 Office of lawyer regulation — staff. Staff of the office of lawyer regulation are permanent supreme court employees supervised by the director and over whom the director of state courts has ultimate personnel authority. Staff are subject to personnel policies and procedures administered by the director of state courts. Work assignments to staff are made in accordance with the chain of command established by pertinent job descriptions. Annual performance evaluations of staff are conducted by immediate supervisors in the manner prescribed by the director of state courts.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix.
21.05SCR 21.05 Office of lawyer regulation — counsel.
21.05(1)(1) Staff of the office of lawyer regulation may include persons admitted to the practice of law in Wisconsin whose duties are to conduct or assist in investigations, present matters to the preliminary review panels, prosecute complaints alleging attorney misconduct and petitions alleging attorney medical incapacity, conduct or assist in reinstatement investigations and represent the office of lawyer regulation in hearings, and perform other duties assigned by the director.
21.05(2)(2) The director may retain attorneys engaged in the practice of law in Wisconsin to assist in the performance of the director's duty to present matters to the preliminary review panels, to prosecute complaints alleging attorney misconduct and petitions alleging attorney medical incapacity, and to conduct or assist in reinstatement investigations and represent the office of lawyer regulation in hearings, and perform other duties assigned by the director. Retained counsel are independent contractors and serve at the pleasure of the director.
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.
21.06SCR 21.06 District committees.
21.06(1)(1) A district committee in each of the state bar districts established under SCR 10.05 (2) consists of lawyers and public members appointed by the supreme court. The number of members of each committee shall be in proportion to the geographic and population size of the district. To the extent feasible, at least one-third and preferably two-fifths, of the members shall be public members. Members serve staggered 3-year terms. A member may serve not more than 3 consecutive 3-year terms.
21.06(2)(2) District committees function under the supervision of the director.
21.06(3)(3) The duties of a district committee are:
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.
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