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Court approves changes to emeritus membership status, more practice time for law students

Court approves changes to emeritus membership status, more practice time for law students

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The Wisconsin Supreme Court approved changes to emeritus membership status at the State Bar of Wisconsin and re-established a rule to allow more supervised practice time for law students.

The court issued orders about three rule petitions this week. On Tuesday, it took up a petition to modify emeritus status and establish a new active senior status, and a petition to add to students’ opportunities to engage in supervised practice. It then denied a petition to update Wisconsin’s Code of Judicial Conduct on Wednesday.

Modified emeritus status, new active senior status

After reviewing written comments and testimony from a public hearing, the court voted to grant Rule Petition 20-06 with minor modifications.

Starting July 1, the new emeritus classification will apply to members 70 years of age and older in good standing who only want to do pro bono work. These members are considered inactive and do not have to pay dues or complete continuing legal education. Members enrolled as emeritus prior to July 1 retain all privileges of active membership but still do not have to pay dues.

Attorneys 75 and older who still want to practice law will receive Senior Active status starting July 1. These members have to pay half the amount of State Bar dues normally owed and complete half the required CLE for a minimum of 15 hours. Members who are eligible for this class may submit a written notice requesting enrollment in a different membership class.

The order also allows inactive members to provide pro bono service and establishes new guidelines about pro bono work. Requirements include supervision by a qualified attorney.

The rule petition was the result of three years of research and work from a State Bar of Wisconsin task force. At the petition’s public hearing, State Bar leadership said the request had support from membership and would provide for greater access to justice in Wisconsin.

More supervised practice time for law students

The state Supreme Court also repealed and re-established a rule to allow more supervised practice time for law students.

The order allows students who have completed their first year of law school to work under the supervision of a lawyer. The previous rule required one-and-a-half years of schooling before practicing.

The students will have to go through a certification process, and their supervisors must meet criteria outlined in the order, including assuming professional responsibility for services performed by the students.

At a public hearing for the petition in January, UW Law School Dean Daniel Tokaji said the change would provide more opportunities for students and put Wisconsin’s practical training in line with Michigan and Minnesota.

Jeff Brown, pro bono program manager at the State Bar, said via Twitter that both granted petitions are good for access to justice in Wisconsin.

Judicial rule

On Wednesday, the court denied a rule petition for updates to bring Wisconsin’s Code of Judicial Conduct in line with the American Bar Association’s Model Code of Judicial Conduct.

The Judicial Conduct Advisory Committee had proposed three changes to the text of Supreme Court Rule 60.04:

  • Create a standalone provision about appropriate judicial conduct that would apply to judges acting in all of their official capacities;
  • Add an anti-retaliation provision;
  • And change “should” to “shall” to require cooperation among judges.

After receiving written comments about the petition and listening to testimony at a public hearing in October, the court voted to denied the petition. Justices Ann Walsh Bradley and Rebecca Dallet dissented. Justice Jill Karofsky dissented in part to denying to extend a judge’s duty of courtesy to include staff and court officials, and denying to add an anti-retaliation clause.

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