Board awaits member response to election survey

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When the State Bar of Wisconsin’s Board of Governors initially reviewed a federal suit filed by Judge John Siefert to allow judicial members to be politically active and personally solicit campaign donations, members were split on whether or not to support the state in its stance that the case is constitutionally without merit.

But while board members await the results of a two-question survey on the issue, whether the State Bar should collectively weigh in at all is still a topic of discussion for the Milwaukee County Circuit Court Judge and opposing counsel.

“I believe in free speech and believe that members of the Board of Governors as individuals should be encouraged to speak on this issue,” said Siefert. “I’m not sure the organized bar should use dues money to take one side or another.”

State Bar Public Relations Coordinator Thomas Solberg verified that a survey had been sent out to members and said a “handful” of responses were received by the prescribed July 25 deadline.

The two questions posed were whether the Board of Governors should file an amicus curiae brief in support of the state, and what harm, if any, would be done if the rules prohibiting political affiliation and personal solicitation of campaign donations is found to be unconstitutional?

Judicial Commission Chairman Donald Leo Bach said he is anxiously awaiting an update from the bar, given that Siefert is scheduled for a deposition on Sept. 18.

“I haven’t heard anything at this point, but we are absolutely still hoping the board will support us in this case,” said Bach, who indicated that a response to the motion for summary judgment likely won’t occur until after the deposition.

The Board of Governors will be able to take action on the issue at its Sept. 12 meeting.

“It’s essentially in the jurisdiction of the Executive Committee at this point, and while there are no guarantees, I expect we will likely see something happen at the next board meeting,” said Solberg.

In anticipation of a motion for summary judgment being filed prior to its next meeting, the Board of Governors voted on June 27 to allow the Executive Committee to act in an emergency capacity.

Siefert’s attorneys filed a motion on July 18 and the state has until Oct. 15 to respond.

Attorney Josiah S. Neeley, who addressed the board at the June 27 meeting, said in an interview that the non-action of the board had no bearing on when Siefert filed his motion.

“We’ve always said, we’ll proceed with the case whether or not the bar files a brief for or against our position,” said Neeley.