State Bar redefining e-list guidelines following censorship concerns

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In the wake of a subscriber complaint of censorship, the State Bar has decided to revise policies for its popular member list serves.

Bar staff members met Monday about policing the e-mail discussion groups, which are a State Bar member benefit and cover section topics such as elder law and practice management. Though the bar on its website states it does not actively monitor the discussion lists, members such as attorney Carol Wessels said recent incidents suggest otherwise.

Wessels – of Nelson, Irvings & Waeffler SC, Wauwatosa – claimed Friday that a time-sensitive post never made it to the list due to bar staff members’ intervention. State Bar Public Relations Coordinator Tom Solberg on Monday declined to comment on whether the bar monitors posts, but confirmed staff members were meeting that day to discuss the issue.

Solberg said Wednesday that staff members will now receive training on how to monitor messages posted on e-mail discussion lists and, when required, learn how to enforce posting rules.

The bar’s policy of refraining from “actively monitoring” the lists, as stated in its online policy, remains in effect, he said, because “actively monitoring” would entail reading each post before it is published to the list serve, which the bar does not intend to do. Solberg said staff members instead can follow up on posts after the fact, to make sure nothing is on the list serves that appears to have violated conduct rules.

What’s needed now, Solberg said, is further guidance regarding what staff members can and should do when inappropriate comments are made.

An e-mailed statement attributed to Solberg stated: “We’re developing language and guidelines that will allow us to consistently determine when and for how long member access to list serves will be suspended if a violation of posting rules is brought to our attention.”