Attorney asks for state Supreme Court review of BOG bylaws

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Madison attorney Steve Levine is asking state justices to review and reject a measure granting the State Bar’s Board of Governors power to remove a BOG member from office.

The BOG passed bylaws in June that state a governor can be kicked off the board if three-fourths of their colleagues vote in support, and “if the governor is unable to unwilling to fulfill his or her duties, or if the governor engages in conduct which is contrary to the best interest of the State Bar.”

Levine, a former president of the State Bar, was expected to file the petition Wednesday. Twenty-six other attorneys are listed on the petition as supporting the move.

Levine’s petition and supporting documents state the new bylaws are inconsistent with an existing rule that states the only way a governor leaves office during his or her two-year term is if they move their practice outside the district they represent. He also noted that the language used, “contrary to the best interest of the State Bar,” is vague and would allow the board to remove a person for a myriad of reasons, such as speaking out against the bar.

“If someone believes that a governor or officer has acted inappropriately or contrary to the best interest of the State Bar,” Levine’s memorandum states, “the remedy is through the democratic process.

“A bar member can run against that governor or officer, and the membership can determine the matter through the democratic process.”

Levine said he tried to amend the new bylaws before they were passed to make an exception for free speech, but his measure failed.

“Regardless of whether it’s intentional or by effect, it can be very dangerous in restricting people’s thoughts and actions of those who don’t want to go along with the majority of the Board of Governors,” Levine said in an interview. “In most cases, the pressures to conform to the Board of Governors are extremely great.”

Andrea Gage, the State Bar’s public relations coordinator, did not immediately return a request for comment.

Levine wrote in the documents that he couldn’t think of one time where the Board of Governors needed to remove somebody. Nick Zales, a Milwaukee attorney and governor who voted for the new bylaws, said he couldn’t think of one either.

“I don’t see it happening in the future either,” Zales said.

But Zales said he voted for the measure because of the clause that requires a three-fourths vote. He also said if a governor can’t stand before the board and explain why an infraction doesn’t warrant removal, “maybe they should be removed.”

Levine has brought a variety of measures before the state Supreme Court over the years, but most have failed to gain traction. His term on the BOG runs through June 30.

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