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Bill of Mights

By: dmc-admin//April 30, 2007//

Bill of Mights

By: dmc-admin//April 30, 2007//

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Rep. Sheryl K. Albers, R-Reedsburg, has introduced a proposed amendment that would make State Bar of Wisconsin membership voluntary. The Committee on Elections and Constitutional Law approved Assembly Joint Resolution 31, which seeks to abolish mandatory membership in the State Bar.

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One out of three is good enough for now as far as State Rep. Sheryl K. Albers, R-Reedsburg, is concerned.

The Committee on Elections and Constitutional Law approved Assembly Joint Resolution 31, which seeks to abolish mandatory membership to the Wisconsin State Bar, during a public hearing on April 19.

“I was happy to see it approved, but it still has a long way to go,” said Albers, who is chairman of the eight-person committee.

The resolution passed by a 4-3 vote with Rep. Annette Polly Williams, D-Milwau-kee, absent from the proceedings. It is one of three “power-of-the-purse” amendments authored by Albers.

AJR 30, relating to prohibiting the assessment of legal fees for the indigent on attorneys licensed in the state, was initially discussed on March 22 and AJR 24, which seeks to open all Supreme Court conferences to the public, was reviewed on April 19.

“I want to return the power of the purse to the Legislature, which is where it belongs,” said Albers. “I’m not looking to take away the court’s authority to regulate lawyer activity.”

Albers suggested that it was the job of the legislative and executive branches to collect and distribute finances and that the judicial branch, unless checked, will infringe on the other two branch’s ability to do so effectively.

“I think that a third- or fourth-grader who learns about the constitution would understand that the court has gone too far,” said Albers. “Let’s not confuse our grade-schoolers.”

Neither AJR 30, nor AJR 24 advanced beyond initial discussion among committee members. According to Albers, both amendments will be reworded prior to further consideration.

The swiftness in which the voluntary bar resolution passed through the committee came as an unexpected, but welcome surprise to State Bar President Steven A. Levine.

Levine, who appeared independently at both hearings to support all three amendments, admitted that he was not even aware the resolution was approved until days after the April 19 hearing.

“I didn’t know they were putting it up for a vote and somehow I missed it, but I was certainly pleased to see it move forward,” said Levine. “All constitutional amendments take a long time and it’s going to be a hard process.”

Should the bill advance beyond the desk of Assembly Speaker Michael Huebsch, it will have staunch resistance from members of the judiciary and State Bar.

At its March 9 meeting, the State Bar Board of Governors voted to oppose all three amendments and several called the proposals “idiotic” and “ill-conceived.”

“I really don’t see this (AJR 31) going anywhere because I can’t imagine the majority of people in the Legislature, regardless of party affiliation, are going to want to spend capital to amend the state constitution to deal with such a small portion of the population,” said State Bar President-Elect Thomas J. Basting, who was in Washington, D.C. when the proposal passed.

The Supreme Court has taken to more silent methods of opposition, according to Albers, who noted that the justices’ absence at the hearings “sent a message that they don’t want us tinkering with anything they do.”

Albers was optimistic the amendment would continue to advance and potentially gain support in the Assembly.

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