SCR 10.03

(1) Persons included in membership.

As of the effective date of this rule, membership of the state bar consists

of all those persons who on that date are licensed to practice law in this

state. After the effective date of this rule, the membership includes all

persons who become licensed to practice law in this state; subject in

each case to compliance with the conditions and requirements of

membership. Residence in this state is not a condition of eligibility to

membership in the state bar.

(2) Enrollment. Every person who becomes licensed to practice

law in this state shall enroll in the state bar by registering his or her

name and social security number with the association within 14 days

after admission to practice. Every change after enrollment in any

member's office address or social security number shall be reported

promptly to the state bar. The social security number of a person

enrolling in the state bar may not be disclosed to any person or entity

except the supreme court and its agencies, or as otherwise provided by

supreme court rules.

(3) Classes of membership. (a) The members of the state bar

are divided into 4 classes as follows:

1. Active members. The class of active members includes all

members of the state bar, including those designated as senior active

members, who are authorized to engage in the practice of law, either

full-time or part-time, salaried or non-salaried, regardless of age.

Commencing July 1, 2021, upon attaining age 75, an active member is

designated as a “senior active member” unless a written notice

requesting enrollment in a different membership class is filed.

2. Inactive Members. The class of inactive members includes

those members of the state bar who are eligible for active membership

who have filed with the state bar written notice requesting enrollment

in the class of inactive members. An inactive member may not practice

law in this state other than pro bono service as provided in SCR 10.03

(3) (am).

3. Judicial Members. The class of judicial members includes the

following persons: supreme court justices, court of appeals judges,

circuit court judges, full-time circuit court commissioners, full-time

municipal court judges, supreme court commissioners, court of appeals

staff attorneys, federal district court judges, federal appellate court

judges, federal bankruptcy judges, federal magistrate judges, federal

administrative law judges, and retired justices and judges who are

eligible for temporary judicial assignment and are not engaged in the

practice of law. Any judicial member may elect to become an active

member with all rights of active membership except to hold office as

an officer or governor or to practice law.

4. Emeritus Members. The class of emeritus members includes

those members who are at least 70 years of age who are in good

standing and who have filed with the state bar written notice requesting

enrollment in the class of emeritus members. An emeritus member may

not practice law in this state other than pro bono service as provided in

SCR 10.03 (3) (am). Members who have enrolled in this class of

membership prior to July 1, 2021 retain all the privileges of active

membership including the right to practice law, and need not pay

membership dues.

(3) (am) Pro bono service by inactive or emeritus members. 1.

An inactive or emeritus member may provide pro bono legal services

as defined in SCR 31.01(11) through a qualified pro bono program as

defined in SCR 31.01(12) subject to the limitations and requirements

of this subsection. A member who is providing only pro bono legal

services under this subsection shall pay no additional dues, fees, or

assessments than those assigned to their membership class. Each such

member must comply with the conditions under 2 through 4 of this

section.

2. Supervision and limitations.

a. Supervision by attorney. The member must perform all

activities authorized by this chapter under the general supervision of a

qualified pro bono program.

b. Without fee or expectation of a fee. The pro bono legal

services must be provided without fee or expectation of a fee. The

prohibition against compensation for the attorney contained in this

subsection does not prevent the qualified pro bono program from

reimbursing the attorney for actual expenses incurred while rendering

services under this chapter or from paying continuing legal education

attendance fees on behalf of the attorney. Nothing in this subsection

prevents a qualified pro bono program from receiving court-awarded or

statutory attorneys' fees for pro bono legal services rendered by the

attorney.

3. Certification. Permission for an attorney to perform services

under this subsection is effective upon filing with the state bar of

Wisconsin a certification from a qualified pro bono program and the

attorney stating that the attorney:

a. Is currently associated with the program and that the attorney

will be practicing under the general supervision of the program;

b. Is in good standing, does not have a pending disciplinary

proceeding, and has never been disbarred or had their license to practice

law revoked or suspended in this state or any other jurisdiction;

c. Will only provide pro bono legal services as defined in

SCR 31.01(11); and

d. Will at all times comply with the Wisconsin supreme court

rules of professional conduct for attorneys set forth in Wisconsin

supreme court rules chapter 20 and the rules and standards for training

and conduct established by the qualified pro bono program provider

which petitioned for the member's pro bono status.

4. Withdrawal of certification.

a. Withdrawal of permission to perform services. Permission to

perform services under this chapter must cease immediately upon the

filing with the state bar of Wisconsin of a notice either from the

qualified pro bono program stating that the attorney has ceased to be

associated with the program, which notice must be filed within 30 days

after such association has ceased, or from the Wisconsin supreme court,

in its discretion, at any time, stating that permission to perform services

under this chapter has been revoked. A copy of such notice must be

mailed to the attorney involved and to the qualified pro bono program.

b. Notice of withdrawal. If an attorney's certification under this

chapter is withdrawn for any reason, the qualified pro bono program

must immediately file a notice of such action in the official file of each

matter pending before any court or tribunal in which the attorney

appeared.

(3) (b) 1. Any inactive or emeritus member in good standing who

has actively practiced law in this state during the last 10 years may

change his or her classification to that of an active member by filing

with the state bar a written request for transfer to the class of active

members and by paying the dues required of active members.

2. a. Any inactive or emeritus member in good standing who has

not actively practiced law in this state during the last 10 years may

change his or her classification to that of an active member by filing

with the state bar a written request for transfer to the class of active

members, paying the dues required of active members, and obtaining

supreme court approval as provided in subd. 2. b.

b. Any inactive or emeritus member described in subd. 2. a.

seeking to change his or her classification to that of an active member

shall file a copy of his or her request for transfer to active membership

with both the board of bar examiners and the office of lawyer

regulation. The member shall pay $200 each to the board of bar

examiners and the office of lawyer regulation, which payment shall

accompany the copy of the request. Within 90 days after receipt of the

copy of the request, the board of bar examiners shall make a

determination regarding compliance with continuing legal education

requirements and file its finding with the clerk of the supreme court.

Within 90 days after receipt of the copy of the request, the office of

lawyer regulation shall investigate the eligibility of the requestor and

file a response with the clerk of the supreme court in support of or in

opposition to the request. Following receipt of the determination of the

board of bar examiners and the response of the office of lawyer

regulation, the supreme court shall consider and grant or deny the

inactive or emeritus member's request for transfer to active

membership.

(bf) Any judicial member who is no longer serving in a judicial

office may change his or her classification to that of an active member

by filing with the state bar a written request for transfer to the class of

active members and paying the dues required of active members.

(bm) Any inactive member in good standing may change his or

her classification to that of an emeritus member if otherwise qualified

to become an emeritus member provided that the requirements of such

membership class are met.

(c) No judicial, inactive, or emeritus member may practice law

in this state or hold office or vote in any election conducted by the state

bar provided however that an inactive or emeritus member may provide

pro bono legal services consistent with SCR 10.03 (3) (am). Subject to

the exception in SCR 10.03 (3) (am), no person engaged in the practice

of law in this state in his or her own behalf or as an assistant or

employee of an active member of the state bar, or occupying a position,

the duties of which require the giving of legal advice or service in this

state, may be enrolled as an inactive or emeritus member.

(4) (a) No individual other than an enrolled active member of the

state bar may practice law in this state or in any manner purported to be

authorized or qualified to practice law provided however, that an

inactive or emeritus member may provide pro bono legal services

consistent with SCR 10.03 (3) (am).

(b) A court or judge in this state may allow a nonresident counsel

to appear and participate in a particular action or proceeding in

association with an active member of the state bar of Wisconsin who

appears and participates in the action or proceeding. An order granting

nonresident counsel permission to appear and participate in an action

or proceeding shall continue through subsequent appellate or circuit

court actions or proceedings in the same matter, provided that

nonresident counsel files a notice of the order granting permission with

the court handling the subsequent appellate or circuit court action or

proceeding.

1. Counsel who seek to provide legal services under SCR 10.03

(4)(b) shall provide the information listed in Appendix A to this rule.

The applicant may also include additional information supporting the

request for admission pro hac vice.

2. Counsel who seek to provide legal services under SCR 10.03

(4)(b) shall pay a nonrefundable fee of two-hundred and fifty dollars

($250) for each application for admission pro hac vice. The fee shall

be waived if the application certifies that the attorney is employed by

an agency providing legal services to indigent clients and will be

appearing on behalf of an indigent client, or that the applicant will

otherwise be appearing on behalf of an indigent client in the proceeding

and will be charging no fee for the appearance.

Wisconsin Comment

The Wisconsin Supreme Court has directed that the $250 fee established in SCR 10.03 (4)(b)2 is to

be paid to the State Bar of Wisconsin, which shall administer and allocate the fee according to the

terms of this court’s rule and a Memorandum of Understanding between the State Bar of Wisconsin

and the recipients of the funds. See S. Ct. Order 13-11B, 2019 WI 52 (issued May 16, 2019, eff.

July 1, 2019); S. Ct. Order 13-11D, 2021 WI 40 (issued May 4, 2021, eff. June 1, 2021).

(c) A court in this state may allow a nonresident military counsel

to appear and participate in a particular action or proceeding

representing military personnel without being in association with an

active member of the state bar of Wisconsin and without being subject

to any application fees required by this rule.

(cm) A court in this state may allow a nonresident attorney who

seeks to appear for the limited purpose of participating in a child

custody proceeding pursuant to the Indian Child Welfare Act of 1978,

25 U.S.C. s. 1901, et seq., while representing a tribe, without being in

association with an active member of the state bar of Wisconsin and

without being subject to any application fees required by this rule.

(d) If representing a party before an agency of this state is limited

to lawyers, an administrative law judge or hearing examiner for a state

agency may, using the same standards and procedures as a court, allow

a nonresident counsel who has been retained to appear in a particular

agency proceeding to appear and participate in that proceeding without

being in association with an active member of the state bar of

Wisconsin.

(e) A court or judge may, after hearing, rescind permission for a

nonresident counsel to appear before it if the lawyer by his or her

conduct manifests incompetency to represent a client in a Wisconsin

court or unwillingness to abide by the rules of professional conduct for

attorneys or the rules of decorum of the court.

(f) Counsel not admitted to the practice of law in this jurisdiction

but admitted in any other U.S. jurisdiction or foreign jurisdiction, who

is employed as a lawyer in Wisconsin on a continuing basis and

employed exclusively by a corporation, association, or other

nongovernmental entity, the business of which is lawful and consists of

activities other than the practice of law or the provision of legal

services, shall register as in-house counsel within 60 days after the

commencement of employment as a lawyer or if currently so employed

then within 90 days of the effective date of this rule, by submitting to

the Board of Bar Examiners the following:

1. A completed application in the form set forth in Appendix B

to this rule;

2. A nonrefundable fee of two hundred and fifty dollars ($250)

to the Board of Bar Examiners;

3. Documents proving admission to practice law in the primary

jurisdiction in which counsel is admitted to practice law; and

4. An affidavit from an officer, director, or general counsel of the

employing entity attesting to the lawyer's employment by the entity and

the capacity in which the lawyer is so employed.

A lawyer registered under this subsection may provide pro bono

legal services without fee or expectation of fee as provided in SCR

20:6.1.

Wisconsin Comment

A registered in-house lawyer is authorized to provide legal services to the entity, client, or its

organizational affiliates, including entities that control, are controlled by, or are under the common

control with the employer, and for employees, officers, and directors of such entities, but only on

matters directly related to their work for the entity and only to the extent consistent with SCR 20:1.7.

Counsel who provide legal services in this jurisdiction under SCR 20:5.5(d)(1) that desire to appear,

either in person, by signing pleadings, or by being designated as counsel in actions filed in courts,

administrative agencies, or other tribunals in this state, must file a separate motion for pro hac vice

admission.

Wisconsin Comment

SCR 60.01(8) defines "judge" as "a justice of the supreme court, a judge of the court of appeals, a

judge of the circuit court, a reserve judge, a municipal judge, a court commissioner, and anyone,

whether or not a lawyer, who is an officer of the judicial system and who performs judicial

functions."

(5) Membership dues and reduction of dues for certain activities.

(a) The annual membership dues for state bar operations for an active

member shall be established as provided herein. Other classes of

members shall pay the fraction of the dues of an active member as

follows: Supreme Court Justices, the full amount; judicial members,

two-thirds; senior active members, one-half effective in the year the

member attains the age of 75; inactive members, one-half; emeritus

members, none; and members admitted to practice for 3 years or less,

one-half. For purposes of determining an active member's dues status

based on the number of years admitted, there shall be no proration based

on the exact month and year of admission. A fiscal year for which any

dues are required to be paid under Bylaw 1, Section 2 shall count as a

full year and a fiscal year for which no dues payment is required shall

not count as a year. A change in the dues of an active member for state

bar operations may be made by the board of governors or as set forth

herein. The state bar shall include in the dues statement each year the

amount necessary to pay the costs of the office of lawyer regulation, the

continuing legal education functions of the board of bar examiners, as

approved the Wisconsin lawyers' fund for client protection, and such

other fees as ordered by the supreme court. Judicial members other

than Supreme Court Justices are not liable to pay the portion for the

costs of the office of lawyer regulation and the board of bar examiners.

The state bar shall also include in the dues statement each year an

assessment to support the public interest legal services fund, as

approved by the supreme court. The state bar shall show separately on

its annual dues statement the portion of the total dues for state bar

operations, and each of the charges and assessments referred to above.

(b)1. The state bar may engage in and fund any activity that is

reasonably intended for the purposes of the association set forth in SCR

10.02(2). The state bar may not use the compulsory dues of any

member who objects pursuant to SCR 10.03(5)(b)3. for activities that

are not necessarily or reasonably related to the purposes of regulating

the legal profession or improving the quality of legal services.

Expenditures that are not necessarily or reasonably related to the

purposes of regulating the legal profession or improving the quality of

legal services may be funded only with user fees or other sources of

revenue.

2. Prior to the beginning of each fiscal year, the state bar shall

publish written notice of the activities that can be supported by

compulsory dues and the activities that cannot be supported by

compulsory dues. The notice shall indicate the cost of each activity,

including all appropriate indirect expense, and the amount of dues to be

devoted to each activity. The notice shall set forth each member's pro

rata portion, according to class of membership, of the dues to be

devoted to activities that cannot be supported by compulsory dues. The

notice shall be sent to every member of the state bar together with the

annual dues statement. A member of the state bar may withhold the pro

rata portion of dues budgeted for activities that cannot be supported by

compulsory dues.

3. A member of the state bar who contends that the state bar

incorrectly set the amount of dues that can be withheld may deliver to

the state bar a written demand for arbitration. Any such demand shall

be delivered within 30 days of receipt of the member's dues statement.

4. If one or more timely demands for arbitration are delivered,

the state bar shall promptly submit the matter to arbitration before an

impartial arbitrator. All such demands for arbitration shall be

consolidated for hearing. No later than 7 calendar days before the

hearing, any member requesting arbitration shall file with the arbitrator

a statement specifying with reasonable particularity each activity he or

she believes should not be supported by compulsory dues under this

paragraph and the reasons for the objection. The costs of the arbitration

shall be paid by the state bar.

5. In the event the decision of the arbitrator results in an

increased pro rata reduction of dues for members who have delivered

timely demands for arbitration for a fiscal year, the state bar shall offer

such increased pro rata reduction to members first admitted to the state

bar during that fiscal year and after the date of the arbitrator's decision.

(6) Penalty for nonpayment of dues. If the annual dues or

assessments of any member remain unpaid 120 days after the payment

is due, the membership of the member may be suspended in the manner

provided in the bylaws; and no person whose membership is so

suspended for nonpayment of dues or assessments may practice law

during the period of the suspension.

(6m) Petition for reinstatement from suspension for nonpayment

of dues or failure to file a trust account certificate. (a) An attorney

whose suspension for nonpayment of annual membership dues for state

bar operations or assessments imposed by the supreme court has been

for a period of less than 3 consecutive years shall be reinstated as a

member if he or she makes full payment of the amount owing and an

additional payment of $20 as a reinstatement fee plus any penalties

imposed by the state bar. The state bar shall certify the reinstatement

to the clerk of the supreme court.

Wisconsin Comment

Costs regarding the petition for reinstatement under subsection (6m) (b) may be assessed

against the petitioner, as provided in SCR 22.24.

(b) An attorney whose suspension for nonpayment of annual

membership dues for state bar operations or assessments imposed by

the supreme court has been for a period of 3 or more consecutive years

may file a petition for reinstatement with the supreme court. A copy of

the petition shall be served on the board of bar examiners and the office

of lawyer regulation. Separate payments in the amount of $200 each

shall be made to the board of bar examiners and the office of lawyer

regulation and shall accompany the petition. Within 90 days after

service of the petition for reinstatement, the board of bar examiners

shall make a determination regarding compliance and file its finding

with the supreme court. Within 90 days after service of the petition for

reinstatement, the office of lawyer regulation shall investigate the

eligibility of the petitioner for reinstatement and file a response with the

supreme court in support of or in opposition to the petition. Following

receipt of the determination by the board of bar examiners and the

response of the office of lawyer regulation, the supreme court shall

consider and grant or deny the petition for reinstatement.

(c) An attorney suspended from the practice of law for failure to

comply with the trust account certification requirement under SCR

20:1.15 (i) shall be reinstated as a member by the state bar if he or she

files the prescribed certificate. The state bar shall certify the

reinstatement to the clerk of the supreme court.

(7) (a)Voluntary resignation of membership. If a member of the

state bar files with the state bar a written notice of the member's

surrender of his or her license to practice law and the acceptance by the

supreme court of his or her resignation in the state bar, the person shall

then cease to be a member of the state bar and his or her name shall be

removed from the membership register. Before accepting a resignation,

the supreme court shall request from the office of lawyer regulation

information concerning whether the attorney is the subject of any

pending grievances, investigations, or proceedings.

(b) 1. An attorney who has resigned as a member of the state bar

may be readmitted to the state bar with approval of the supreme court

as provided in subd. 2.

2. The attorney shall file an original petition for readmission to

the state bar with the clerk of the supreme court and shall file copies of

the petition with the board of bar examiners and the office of lawyer

regulation. The member shall pay $200 each to the board of bar

examiners and the office of lawyer regulation which payment shall

accompany the copy of the petition. Within 90 days after receipt of the

copy of the petition for readmission, the board of bar examiners shall

make a determination regarding the eligibility of the petitioner for

readmission and file its finding with the clerk of the supreme court.

Within 90 days after receipt of the copy of the petition for readmission,

the office of lawyer regulation shall investigate the eligibility of the

petitioner for readmission and file a response with the clerk of the

supreme court in support of or in opposition to the petition. Following

receipt of the determination by the board of bar examiners and the

response of the office of lawyer regulation, the supreme court shall

consider and grant or deny the petition for readmission.

Wisconsin Comment

Costs regarding the petition for readmission under subsection (7) (b) may be assessed

against the petitioner, as provided in SCR 22.24.

Wisconsin Comment

Information regarding continuing legal education requirements is set forth in SCR ch. 31.

See also CLE 3.015. The standards the OLR uses to investigate a requestor's eligibility for

reinstatement are described in In re Reinstatement of Polk, 2007 WI 51, ¶10, 300 Wis. 2d 280, 732

N.W.2d 419 (explaining that "investigation of eligibility for reinstatement. . . is akin to the review

conducted by the BBE during an initial application for a license to practice law in this state" such

that the applicant must demonstrate that he or she has good moral character and the fitness to practice

law). See also SCR 40.06(1) and (3) and Rule BA 6.01-6.02.

(8) Avoidance of hardship. The state bar may, in any case in

which to do otherwise would result in hardship or injustice, permit the

retroactive enrollment of members and waive penalties prescribed for

delinquency in the payment of membership dues.