High court to discuss tribal-court transfers, civil legal services

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The Wisconsin Supreme Court is scheduled Friday to take up various attempts at changing the rules related to attorney conduct, the transfer of circuit-court cases to tribal courts and the channeling of money to civil legal services.

Before starting the open rules conference, the state’s high court plans to hold a public hearing on proposed changes to the Supreme Court Rules of Professional Conduct for Attorneys, which are found in Chapter 20 of the court’s rules.

The proposal, which was put forward in June by former State Bar President Bob Gagan, calls for the high court to adopt changes mirroring amendments that the American Bar Association has recently adopted to its own model rules.  So far, 20 states have followed the bar association’s lead.

Wisconsin lags behind the pack in this regard; its most recent revision to SCR 20 came in 2004.

Among other things, the Wisconsin State Bar is now trying to clarify the rules of professional conduct in a way that would ensure lawyers could turn to cloud computing and other technological advances to deliver legal services to clients. The proposal would modify provisions concerning confidentiality, the soliciting of clients and the unauthorized practice of law.

The public hearing scheduled for Friday is the first of two the justices plan to hold on the petition. The second is scheduled for Feb. 23.

Also on Friday, the justices plan to discuss a pair of petitions dealing with the transfer of child-support cases from the state’s circuit courts to the tribal courts. One petition involves a routine review of a rule that now lets circuit courts transfer cases to tribal courts. The other would have that same rule repealed.

The rule, contained in state statute 801.54, was passed six years ago. It has since been modified to let tribes hear child-support cases sent to them from state courts.

The Supreme Court took up both petitions on Nov. 19 in a day-long public hearing. More than a dozen people testified.

Supporters have said the rule creates a neutral procedure that helps judges decide whether a case should be transferred to a tribal court. They also contend that it streamlines transfers of child-support cases.

Those petitioning for the rule’s repeal, in contrast, say  they want to see power taken away from the Oneida Nation’s judiciary system, which they argue is biased and favors nepotism over justice.

Meanwhile, the court is also scheduled on Friday to discuss a petition that would let unclaimed money from civil class-action lawsuits be distributed to legal-aid organizations.

The Wisconsin Access to Justice Commission filed the proposal in December. The commission consists of a 17-person body that works to ensure poor Wisconsinites are not shut out of the civil justice system.

The commission’s proposal would amend Wis. Stat. 803.08, which governs state class-action lawsuits. If approved, the proposed change would require that 50 percent of any money left unclaimed following a class-action suit be used for civil legal services. The Wisconsin Trust Account Foundation would distribute the money to civil legal-aid organizations throughout the state.

Under the so-called cy pres doctrine, judges can award money leftover from class-action lawsuits to access-to-justice programs and other organizations that can be expected to serve the interests of class members.

The court, in a recent letter, has asked the commission to find out if the rule would affect any person’s substantive rights and whether anyone is opposed to the proposal. The court has yet to decide if it will invite the public to comment on the petition. Follow @erikastrebel