Access
Granted
Bar
adopts justice needs report, recommendations as policy
By
Jack Zemlicka
jack.zemlicka@wislawjournal.com
May
14, 2007
 |
“We
recognize the needs that are out there and ultimately, that trumps everything
else.”
D. Michael Guerin Past-President |
It
took the Wisconsin State Bar Board of Governors all of two minutes to unanimously
pass a motion praising the work of the Access to Justice Study Committee for their
development and presentation of a comprehensive report on the unmet legal needs
of low-income people in the state.
Adoption
of the 12 recommendations contained within the report took substantially longer,
as the board debated elements of the proposal for nearly two hours.
Ultimately,
the Board of Governors voted to support all of the proposals at its May 8 meeting
and took what many considered a progressive approach in policy making. Further
discussion will take place regarding implementation of the proposals.
“If
the board doesn’t embrace this right now, the Legislature, the courts and
other members of the bar and our communities will move forward with this and the
Bar will be left behind,” said Judge Richard J. Sankovitz, who chaired the
Access to Justice Study Committee.
The
original motion to support the report and all of the recommendations passed through
the Executive Committee, 6-5, but the Board of Governors divided it into two motions.
The first proposed support of the report, and passed unanimously.
The
second, which eventually passed 22-13, called for adoption of nine of the recommendations
with omission of those points referring to a permanent annual assessment on attorneys
and allowance of paralegals to perform lawyerly duties in court.
Gov.
Gretchen G. Viney was one of several who took issue with recommendation four,
which suggested the Supreme Court modify ethics rules and procedure to allow paralegals
to perform in the courtroom on a limited basis, in the interest of low-income
clients.
While
implementation of any recommendations are months and likely years away, clarification
of how much legal power a paralegal would be allowed was a valid argument, according
to Gov. Grant F. Langley.
“I
thought the concerns expressed about paralegals were valid concerns and I’m
sure that’s an issue that will be carefully discussed in the future,”
said Langley, who, like many on the board, opposed wholesale adoption of the recommendations.
A
second sticking point was language in proposals which support a permanent annual
assessment on attorneys for legal services for the poor.
Recommendation
10(B) suggested both the State Bar support a “permanent moderate mandatory
assessment upon lawyers and judges to fund civil legal services.”
For
some, the proposal renewed distain for the Wisconsin Trust Account Found-ation
(WisTAF) $50 annual assessment.
“Some
of these proposals, including the assessment, are opposite the position this board
has taken in the past and there needs to be discussion as to why we should reverse
our position now,” said Gov. Gwendolyn G. Connolly.
Others
maintained that adoption of the recommendations would not undo what was done and
the need to look to the future should supersede dwelling on the past.
“Nothing
about WisTAF is temporary at this point, and the recommendations in the report
are gratuitous in that regard,” said Gov. Marla J. Stephens. “People
who lost need to know how to lose and objections should not pertain to this report.”
A
third motion was made by Stephens to adopt the omitted recommendations and carried
by a 26-15 vote. In the final motion, the board approved a recommendation which
suggested the Supreme Court modify rules to allow paralegals to perform limited
lawyerly duties, as well as recommendations related to an annual assessment.
Adoption
of all 12 of the committee’s recommendations was paramount, according to
President-elect Thomas J. Basting, who noted further discussion among the appropriate
committees will solidify implementation procedures.
“If
we sent this report back, it would have died,” said Basting. “It would
have been another year or two before it appeared before the board again.”
Analysis
of the recommendations in portions was a wise and necessary process according
to Past-President D. Michael Guerin who appointed the Access to Justice Study
Committee in 2005.
“We
recognize the needs that are out there and ultimately, that trumps everything
else,” said Guerin. “I’m very pleased and very proud of the bar
association, and of the board for taking the time to debate it, because it’s
a time-consuming issue and sometimes you have to take unpopular positions on these
things.
Some
people recognized that there are some flaws, but those flaws will be worked out
because we have a good committee that put a good report together and we should
all get behind it.”
