Judicial Campaign Watch

Our State Bar's President Tom Basting holds a press conference tomorrow to

announce a major new initiative seeking to protect fair and impartial courts in Wisconsin by monitoring the 2008 state Supreme Court election campaign and educating the public about the unique role of judges in our democracy.

Mr. Basting will introduce members of the Wisconsin Judicial Campaign Integrity Committee, a bi-partisan panel composed of respected Wisconsin citizens who share a commitment to uphold Wisconsin’s standards of judicial integrity, independence and excellence.

The committee's letterhead indicates Mr. Basting will chair it. Other members listed are Timothy F. Cullen, David G. Deininger, Dennis L. Dresang, Anthony S. Earl, Joseph P. Heim, William M. Kraus, and Carol T. Toussaint.

Update: The Committee has a web site.

Update 2: Judith Davidoff reported in The Capital Times on Mr. Basting's announcement press conference, Task force to keep judge races in check.

...The recent face-off between Annette Ziegler, who was sworn into the bench last week, and Madison attorney Linda Clifford was tinged by partisan politics, sensational ads and big spending. According to the Wisconsin Democracy Campaign, $5.8 million was spent on the race, with Wisconsin Manufacturers and Commerce alone spending $2.2 million on Ziegler's behalf.

Bastings said the spectacle did not go unnoticed by members of the State Bar.

"The whole dignity of what a Supreme Court election should be about was questioned by a lot of people by the nature of some of the ads put forth," Bastings said.

He added that he could not give examples of specific ads, but recalled many of them as "demeaning."

More of the same is expected with the current race between Justice Louis Butler and challengers Burnett County Circuit Judge Michael Gableman and Sun Prairie attorney Charlie Schutze. The stakes are actually higher this time around, because the ideological balance of the court could change if Butler, considered a liberal, loses. ...

Update 3: Ed Garvey's on the Supreme Court watch dog

... Basting appointed people with a variety of backgrounds and some rather narrow political diversity. ...

Bar supports AB468 - Notarios

Our State Bar has announced it supports AB-468, a bill

relating to: notaries public who are not attorneys and providing penalties.

Family Law Section opposes AB462 - Moving with a Child

Our State Bar's Family Law Section has announced it opposes AB-462, a bill amending divorce statutes

relating to: moving with a child.

Bar supports AB434 - Compensation Rates

Our State Bar has announced it supports AB-434, a bill

relating to: the State Public Defender reimbursement rate for private attorneys and time for the State Public Defender to make indigency determinations and assign counsel.

Individual Rights and Responsibilities Section supports AB390 - Restoring Voting Rights to Felons

Our State Bar's Individual Rights and Responsibilities Section Section has announced it supports AB-390, a bill

restoring the right to vote to a person barred from voting as a result of a felony conviction.

Bar Sections oppose SB8 and AB260 - Employment Discrimination Against Unpardoned Felons

Our State Bar's Public Interest Section and Individual Rights and Repsponsibilities Section have announced they oppose SB-8 and AB-260, bills

permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon.

Bar Sections oppose AB30 - Employment Discrimination Against Unpardoned Felons

Our State Bar's Public Interest Section and Individual Rights and Repsponsibilities Section have announced they oppose AB30, a bill

permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon

Bar Sections oppose AJR 17 - Photo ID for Voting

Our State Bar's Public Interest Section and Individual Rights and Repsponsibilities Section have announced they oppose AJR-17,a constitutional amendment

requiring a photographic identification to vote, or register to vote, at the polls on election day (second consideration).

Bar Sections support SB40 - Benefits for Domestic Partners for UW and State Employees

Our State Bar's Public Interest Section and Individual Rights and Responsibilities Section have announced they support this provision of SB-40, a bill

relating to: state finances and appropriations, constituting the executive budget act of the 2007 legislature.

Bar Sections support SJR2 - Equal Rights

Our State Bar's Public Interest Section and Individual Rights and Repsponsibilities Section have announced they support SJR-2, a resolution

To amend section 1 of article I of the constitution; relating to: equal rights (first consideration).

Bar opposes AB418 - Access to County Records

Our State Bar has announced it opposes AB-418, a bill

relating to: restricting access to the consolidated court automated programs

Board supports comity petition, opposes government attorney consolidation legislation, and more

Our State Bar's Inside the Bar newsletter reports on the Board of Governors September 14-15, 2007 meeting.

It supported interstate comity on approving Continuing Legal Education courses for credit.

It opposed the proposed consolidation of state government attorneys into the Department of Administration.

It supported proposed rule changes on appellate briefs and appendices.

It supported a proposed rule change on CLE for judges.

It supported a proposed increase in spending for a federal child support program.

It approved the President's appointments to the Nominating Committee, and approved the Exectutive Committee's appointments to the Audit committee.

State Bar Praises Budget Proposal for Civil Legal Assistance

That is,

State Bar of Wisconsin President Tom Basting thanked Assembly Republicans for including a provision in their latest budget package allocating $1 million to fund civil legal assistance.

When the Going Gets Nasty, ...

Our State Bar's executive director George C. Brown, in Wisconsin Lawyer magazine on State Rep. Frank Lasee's (R-Bellevue) push to eliminate state funding for the University of Wisconsin Law School.

... But raising an issue is one thing and launching misleading attacks on thousands of dedicated Wisconsin lawyers who are doing precisely what society asks of them is another. ...

He's seconding our State Bar's President, Thomas J. Basting, who calls on bar members to Stand Up and Be Counted.

And remember to be kind to each other. Civility does pay dividends.

Because even the bar can say things in advocating policy that it might later decide ought to have been said differently.

2007-09 State Budget Should Include Adequate Funding for Wisconsin’s Justice System

Tom Basting, State Bar of Wisconsin President, in a press release urging that the pending budget bill: increase state funding for the circuit courts by $19 million; add $1 million for civil legal assistance; not eliminate sick pay for judges.

State Bar petition seeks to protect consumers against unauthorized practice of law

Our State Bar's August 2007 Inside the Bar newsletter reports on its June 2007 petition to the Supreme Court.

The petition asks the court to take two actions: 1) adopt a new rule to clearly define what constitutes the practice of law for consumer protection purposes; and 2) create an administrative system to enforce the new rule.

In support of the effort, a related article on Examples of unauthorized practice of law describes four individual cases.

State Bar Urges Budget Conferees to Make Access to Justice a Wisconsin Priority

Our State Bar issued this press release with a statement by President Tom Basting supporting $1 million in the 2007-2009 state budget for susidizing legal services for poor people.

Petition for Revision of Supreme Court Rule 10.04

Petition [6 pp. pdf] for Revision of Supreme Court Rule 10.04 filed 07/18/07 by Thomas Basting, Sr., President of the State Bar of Wisconsin [07-10]

Rationale:

"This petition, in particular Attachment #1, sets forth the Board of Governors requested amendment to SCR 10.04 to limit the President and Chairperson to one term each."

This requested rule change is related to bylaw changes.

"Candidate [Steven] Levine’s election was viewed by many in the Out-State district as a disenfranchisement and a great deal of concern was raised about the viability of future Out-State candidates if they would have to face self-nominated candidates from Milwaukee or Madison.

"The Election Bylaws Committee appointed by President Guerin at the direction of the Board of Governors addressed the issue of how to amend the Supreme Court Rules and the State Bar bylaws to ensure that Out-State candidates would have a fair chance to serve as presidents of the State Bar of Wisconsin in the future."

State Bar of Wisconsin Statement Regarding the Assembly Budget Provision to Phase Out State Funding of the University of Wisconsin Law School

Our State Bar, or its President Tom Basting, opposes [doc] this.

Legal Services Consumer Protection Act Offers Needed Safeguards

Our State Bar's President-Elect says

The petition asks the Court, which has jurisdiction over the practice of law in the state, to take two actions: 1) Adopt a new rule to clearly define the what constitutes the "practice of law" for consumer protection purposes; and, 2) Create an administrative system to enforce the new rule.

Paragraph 12 of the Petition says this administrative system would include a Legal Services Office of Consumer Protection in the current Office of Legal Regulation, paid for by an increase in the OLR assessment.

Bar opposes AJR 56 - Indigent Legal Fees Assessment on Attorneys

Our State Bar has announced it opposes AJR56, a constitutional amendment

prohibiting the supreme court from assessing fees on attorneys, judges, or justices without statutory authority.

Public Interest Law Section supports AB 377 - Compassionate Care for Rape Victims

Our State Bar's Public Interest Law Section has announced it supports AB377, a bill

requiring a hospital to provide to a sexual assault victim information and, upon her request, emergency contraception and providing a penalty

It also supports companion bill SB129.

Bar supports SB 199 and AB 393 - Circuit Court Branches

Our State Bar has announced it supports companion bills SB199 and AB393

The State Bar of Wisconsin supports increases in Circuit Court branches when the Director of State Courts determines, after an analysis of caseload standards, that the Circuit Court needs a new branch - whenever: the county board of the county involved has adopted a resolution supporting the request; the weighted caseload statistics support the request; or the local bar association (if any) involved supports the request.

Bar opposes AB 336 - Substitution of Judges

Our State Bar has announced it opposes AB336, a bill

relating to: substitution of a judge in a criminal action.

Individual Rights and Responsibilities Section opposes AB 260 - Employment Discrimination Against Certain Felons

Our State Bar's Individual Rights and Responsibilities Section has announced it opposes AB260, a bill

permitting an employer to refuse to employ or to terminate from employment an individual who has been convicted of a sex offense or a violent offense and preempting cities, villages, town, and counties from adopting provisions concerning employment discrimination based on arrest or conviction record that prohibit activity that is allowed under the state fair employment law.

Board supports access to justice report, changes to elections rules and bylaws, and more

Our State Bar reports on the recent meeting of its Board of Governors. In addition to approving the Access the Justice Report,

On State Bar elections,

The board approved the Election Bylaws Committee’s recommendations to change the State Bar rules and bylaws to limit members to one term as president and to designate a rotation for the nomination to the office of president-elect among four geographic areas. ...

The committee was appointed in 2005 by then President Michael Guerin, following the election of Madison attorney Steve Levine who ran by self nomination against two out-state attorneys.

On Judicial sick leave,

The board unanimously adopted a public policy position, opposing Assembly Bill 31, as requested by the Bench Bar Committee. AB 31 proposes ending the option for state judges to accumulate and convert unused sick leave to post-retirement health insurance premiums.

There were also appointments to the Nomination Committee, Executive Committee, and Wisconsin Trust Account Foundation (WisTAF) board, and election of our State Bar's delegates to the ABA House of Delegates.

Real Property, Probate & Trust Section opposes AB285 - Adverse Possessor of Property

Our State Bar's Real Property, Probate & Trust Section has announced it supports/opposes AB 285, a bill

requiring an adverse possessor of property to pay fair market value and property taxes.

Board of Governors: Draft Minutes: March 9, 2007

Our State Bar has posted these, from the BOG's previous meeting [18 pp. doc].

Litigation Section opposes SB61 - Mallet [sic] Reversal

Our State Bar's Litigation Section has announced it opposes SB 61, a bill

relating to: actions against manufacturers, distributors, sellers, and promoters of products.

Because Thomas v. Mallett, 2005 WI 129, was an appeal from a grant of summary judgment, the Wisconsin Supreme Court "construe[d] all facts and reasonable inferences in the light most favorable to the nonmoving party" ¶4. So does the Litigation Section.

Rationale: ... In that case, the entire lead paint industry knowingly manufactured and distributed a product they knew for years caused serious industries and deaths, particularly to young children. They then deceived the public, and several government agencies, into thinking that their product was safe, despite their own internal studies that showed it was not.

Almost all manufacturers in Wisconsin clearly identify and stand behind the products that they put into the stream of commerce. Paint manufacturers do not. Until the Thomas decision, the lead paint manufacturers were able to hide behind the fact that once their product was applied to a surface, it was almost impossible to identify the specific manufacturer, thus leaving innocent children with no recourse. ...

State Bar supports SB171 - Supreme Court Campaigns

Our State Bar has announced it supports SB 171, a bill

relating to: public financing of campaigns for the office of justice of the supreme court, making appropriations, and providing penalties.

Its rationale:

The State Bar of Wisconsin supports public financing for Supreme Court campaigns from state general purpose revenue to help maintain the integrity and independence of Wisconsin's courts, where even the perception of bias destroys public trust and confidence in the justice system.

(see AB 250)

State Bar Litigation Section supports AB224 - Health Care Provider Immunity

Our State Bar's Litigation Section has announced it supports AB224, a bill

relating to: immunity from liability for a health care provider, health care facility, or employee of a health care provider or health care facility that, in good faith, reports a violation of the law or of a clinical or ethical standard by another health care provider, health care facility, or employee of a health care provider or health care facility.

Family Law Section opposes bill AB 9 - Maintenance Requirements

Our State Bar's Family Law Section has announced it opposes AB 9, a bill

relating to: requirements for ordering maintenance.

Bar opposes AJR31 Prohibiting a Mandatory Bar Association

Our State Bar has announced it opposes AJR 31, an amendment

To create section 3 (4) of article VII of the constitution; relating to: prohibiting requiring attorneys licensed to practice law in this state to become members of the State Bar of Wisconsin, and prohibiting requiring those attorneys to pay dues to any bar association (first consideration).

Bar opposes AJR30 Indigent Legal Fees Assessment on Attorneys

Our State Bar has announced it opposes AJR 30, an amendment

To create section 3 (4) of article VII of the constitution; relating to: prohibiting assessing indigent legal fees to attorneys licensed to practice law in this state (first consideration).

State Bar Elder Law Section supports SB153 and AB279 Guardianship Reconciliation Bills

Our State Bar's Elder Law Section has announced it supports SB 153 and AB 279, companion bills

relating to: protective placements and protective services; involuntary administration of psychotropic medication; guardianships, conservatorships, and wards; and services for adults at risk and elder adults at risk.

State Bar Public Interest Law Section supports SB129 Compassionate Care for Rape Victims

Our State Bar's Public Interest Law Section has announced it supports SB 129, a bill

relating to: requiring a hospital to provide to a sexual assault victim information and, upon her request, emergency contraception and providing a penalty.

Update: It also supports companion bill AB377.

State Bar Litigation Section opposes SB85 Damage for Frivolous Claims

Our State Bar's Litigation Section has announced it opposes SB 85, a bill

relating to: damages for frivolous claims.

State Bar Business Law Section supports AB258 Employee Use of a Lawful Product

Our State Bar's Business Law Section Section has announced it supports AB 258, a bill

relating to: permitting an employer to offer financial incentives to encourage or discourage employee use of a lawful product.

State Bar supports AB250 Supreme Court Campaigns

Our State Bar supports AB 250, a bill

relating to: public financing of campaigns for the office of justice of the supreme court, making appropriations, and providing penalties.

State Bar opposes SB115 Death Penalty

Our State Bar opposes SB 115, a bill

relating to: providing a penalty of death or life imprisonment for a first-degree intentional homicide that is vicious.

State Bar supports SB126 and AB247 Medical Malpractice Claim Notification

Our State Bar supports SB 126 and AB 247, companion bills

relating to: notification of the state regarding a medical malpractice claim.

State Bar supports SB138 Medical Malpractice: Loss of Companionship

Our State Bar has announced it supports SB 138, a bill

relating to: claims for loss of society and companionship in medical malpractice cases.

Rationale: The State Bar of Wisconsin supports any legislation which would permit a parent to recover for loss of society and companionship of an adult child.

Business Law Section opposes AB 101 - Illegal Alien

Our State Bar's Business Law Section has announced it opposes AB 101, a bill

making companies that hire illegal aliens ineligible for certain tax exemptions, governmental contracts, grants, and loans, granting rule-making authority, and providing penalties.

Public Interest Law Section opposes SB 67 - Student Financial Aid Eligbility

Our State Bar's Public Interest Law Section has announced it opposes SB67, a bill

relating to: making a postsecondary student who has been convicted of possessing, with intent to manufacture, distribute, or deliver, or of manufacturing, distributing, or delivering, a controlled substance or controlled substance analog based on conduct that occurred during a period of enrollment for which the postsecondary student was receiving any state financial assistance ineligible for state financial assistance and granting rule-making authority.

Board tackles issues from 17-year olds legal status to proposed amendments to Wisconsin Constitution, and more

Our State Bar reports on the March 9, 2007 meeting of its Board of Governors

On WisTAF

The board approved the WisTAF Assessment Task Force’s request to prepare and file a petition with the supreme court to amend SCR 13.045. The petition will seek to allow attorneys the option of certifying on their annual dues statement a donation of $50 or more to a law-related civil legal service entity, other than WisTAF, provided the entity has eligible programs for the purposes specified in SCR 13.03(2)(a)(1). The petition also will seek to include judges as payers of the WisTAF assessment.

The board opposed task force recommendations to: permit credit for nonresident members for similar home state assessments; allow members to provide pro bono services instead of paying the assessment; and modify the amount of the assessment owed based upon years of practice. The board did not vote on a provision to establish a separate fund to manage the assessment.

On the age for adult criminal proceedings

The board adopted a public policy position at the request of the Children and the Law Section supporting legislation to raise from 17 to 18 the age at which persons are subject to adult court.

Constitutional amendments

The board opposed, 36 - 2, three proposed amendments to the Wisconsin Constitution prohibiting the Wisconsin Supreme Court from assessing lawyers to pay for civil services to poor people, prohibiting the Wisconsin Supreme Court from requiring attorneys to join or pay dues to the State Bar or any bar association, and requiring the Wisconsin Supreme Court to open its case conferences to the public and publicly notice issues to be considered.

Administrative law judges

The board opposed a Social Security Administration administrative law judge (ALJ) petition seeking State Bar judicial membership status. ...

A public hearing is scheduled before the supreme court on April 12 at 9:30 a.m.

Among other actions

The board set the fiscal year (FY) 08, July 1, 2007 - June 30, 2008, Keller dues at $5.25 per member, under the standard set in SCR 10.03(5). Under Keller, the State Bar cannot use compulsory dues of objecting members for political or ideological activities that are not reasonably related to regulating the legal profession or improving the quality of legal services.

Board of Governors: Draft Minutes: December 8, 2006

Our State Bar has posted these, from the BOG's previous meeting [19 pp. doc].

Public Interest Law Section opposes SB 8 and AB 30 - Employment Discrimination Against Unpardoned Felons

Our State Bar's Public Interest Law Section has announced it opposes SB 8 and AB 30, companion bills

permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon.

Our State Bar's Individual Rights and Responsibilities Section previously announced its opposition.

Criminal Law Section opposes AB1 - DNA Samples

Our State Bar's Criminal Law Section has announced it opposes AB1, a bill

Relating to requiring persons charged with a felony to provide a biological specimen for deoxyribonucleic acid analysis, inclusion of the analysis results in the Department of Justice deoxyribonucleic acid data bank, requiring the exercise of rule-making authority, and providing a penalty.

Public Interest Law Section supports SJR 2 - Equal Rights

Our State Bar's Public Interest Law Section Section has announced it supports SJR 2, a constitutional amendment

To amend section 1 of article I of the constitution; relating to: equal rights (first consideration).

Our State Bar's Individual Rights and Responsibilities Section previously announced its support.

Litigation Section opposes AB53 - Medical Apology

Our State Bar's Litigation Section has announced it opposes AB53, a bill

Relating to inadmissibility of a statement of apology or condolence by a health care provider.

Public Interest Law Section opposes AJR 17 - Photo ID for Voting

Our State Bar's Public Interest Law Section has announced it opposes AJR 17, a constitutional amendment

requiring a photographic identification to vote, or register to vote, at the polls on election day (second consideration).

Our State Bar's Individual Rights and Responsibilities Section previously announced its opposition.

Family Law Section supports AB29 - Modifications to Legal Custody/Physical Placement

Our State Bar's Family Law Section has announced it supports AB29, a bill

Relating to ordering modifications to legal custody or periods of physical placement contingent upon the occurrence of a specified future event or a specified change in conditions.

Public Interest Law Section supports AB4 - Payday Loan Finance Charge

Our State Bar's Public Interest Law Section has announced it supports AB4, a bill

Relating to finance charges for payday loans.

Update: The Elder Law Section also opposes the bill.

Bar opposes SB59 and AB147 on Product Liability

Our State Bar has announced it opposes SB59 and AB147, companion bills

Relating to product liability of manufacturers, distributors, and sellers.

Bar opposes Section SB60 and AB121 on 'Daubert'

Our State Bar has announced it opposes SB60 and AB121, companion bills

Relating to evidence of lay and expert witnesses.

Bar opposes AJR 24 on Supreme Court Conferences

Our State Bar has announced it opposes AJR24, a constitutional amendment

Relating to supreme court case conferences (first consideration).

IRR Section opposes AJR 17 - Photo ID for Voting

Our State Bar's Individual Rights and Responsibilities Section has announced it opposes AJR 17, a constitutional amendment

requiring a photographic identification to vote, or register to vote, at the polls on election day (second consideration).

IRR Section opposes SB8 and AB30

Our State Bar's Individual Rights and Responsibilities Section has announced it opposes SB 8 and AB 30, companion bills

permitting an educational agency to refuse to employ or to terminate from employment an unpardoned felon.

IRR Section supports SJR2

Our State Bar's Individual Rights & Responsibilities Section History supports Senate Joint Resolution 2, a proposed amendment to Wisconsin Constitution, Article I, Section 1.

The Bar's stated rationale does not specify why Article I, Section 1 needs clarifcation now.

Update: If it's explained in the Section board's minutes, those are for members only.

State Bar and Section positions on bills

Key Bills in Wisconsin

> Assembly Joint Resolutions: AJR56; AJR31; AJR30; AJR24; AJR17 [PI and IRR]; AJR17 [PI]; AJR17 [IRR];

> Senate Joint Resolutions: SJR2 [IRR and PI]; SJR2 [PI]; SJR2 [IRR];

> Assembly Bills: AB468; AB462; AB434; AB418; AB393 (see SB199); AB390; AB377 (see SB129); AB336; AB285; AB279 (see SB153); AB260 (see SB8) [PI and IRR]; AB260; AB258; AB250 (see SB171); AB247 (see SB126); AB224; AB147 (see SB59); AB121 (see SB60); AB101; AB53; AB31;