2009 WI 1
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Supreme Court of |
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Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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In the matter of amendment of Supreme Court Rules 31.10(1) and 31.11 regarding notices of noncompliance with continuing legal education requirements and reinstatement. |
FILED JAN 6, 2009 David R. Schanker Clerk of Supreme Court |
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On April 1, 2008, the Board of Bar Examiners by its director, John E. Kosobucki, petitioned this court for amendment of Supreme Court Rules 31.10 and 31.11 to broaden distribution of the notices of suspension and reinstatement. The court held a public hearing on November 10, 2008, on the petition. Upon consideration of matters presented at the public hearing and submissions made in response to the proposed amendment, the court voted to adopt the petition, with modifications to the distribution lists.
IT IS ORDERED that, effective the date of this order, Supreme Court Rules chapter 31 is amended as follows:
Section 1. SCR 31.10 (1) of the Supreme Court Rules is amended to read:
31.10 (1) If a lawyer fails to comply with the
attendance requirement of SCR 31.02, fails to comply with the reporting
requirement of SCR 31.03(1), or fails to pay the late fee under SCR 31.03(2),
the board shall serve a notice of noncompliance on the lawyer. This notice shall advise the lawyer that the lawyer's
state bar membership of the lawyer shall be automatically suspended for
failing to file evidence of compliance or to pay the late fee within 60 days
after service of the notice. The board
shall certify the names of all lawyers so suspended under this rule to the
clerk of the supreme court and to each judge of a court of record in this
state, all supreme court justices, all court of appeals and circuit
court judges, all circuit court commissioners appointed under SCR 75.02(1) in
this state, all circuit court clerks, all juvenile court clerks, all registers
in probate, the executive director of the state bar of Wisconsin, the Wisconsin
State Public Defender's Office, and the clerks of the federal district courts
in Wisconsin. A lawyer shall not engage
in the practice of law in
Section 2. SCR 31.11 (1) (b) of the Supreme Court Rules is amended to read:
31.11 (1) (b) Within 60 days after service of a petition for reinstatement, the board shall make a determination regarding compliance. If the board determines that the lawyer is in compliance with all requirements under this chapter, it shall reinstate the lawyer's membership in the state bar. The board shall certify the names of all lawyers so reinstated to the clerk of the supreme court, all supreme court justices, all court of appeals and circuit court judges, all circuit court commissioners appointed under SCR 75.02(1) in this state, all circuit court clerks, all juvenile court clerks, all registers in probate, the executive director of the state bar of Wisconsin, the Wisconsin State Public Defender's Office, and the clerks of the federal district courts in Wisconsin.
IT IS ORDERED that notice of this amendment of SCR 31.10(1) and 31.11(1)(b) be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.
Dated at
BY THE COURT:
David R. Schanker
Clerk of Supreme Court