June 12, 2008
Rib Lake looks at noxious weed rules
by News Editor Brian Wilson
Supreme Court Chief Justice Shirley Abrahamson knows there are problems with the courts and justice system in Wisconsin and wants to find out what those problems are so that can be addressed.
Abrahamson was in Medford Wednesday, June 4 touring the Taylor County Courthouse and talking with local law enforcement, court officials, lawyers and county board members. “If no one tells us what is wrong we can’t fix it,” she said, noting that some problems can be handled with a phone call, but other concerns may take years to address. She also noted that what may be important for one person may not be important for others.
Attorney Greg Krug asked about efforts to allow paralegals to do routine legal work independent of attorneys. Abrahamson explained that the state bar association petitioned the court for a rule to prohibit the practice of law to lawyers. Currently, there is a prohibition on non lawyers practicing law, but it is up to the district attorney to enforce and Abrahamson said enforcement typically falls low on the list of priorities unless someone is hurt by it. The bar association rule request sought to tighten that up, however, Abrahamson explained it drew many responses from dozens of professional groups that deal with different aspects of the law who felt they would be prohibited from doing their jobs because it involves interpreting laws and codes. Abrahamson said the the court then asked each of the dozens of groups to file a petition for an exemption to the rule, which the court granted. As a result, the state bar withdrew the rule change request. However, in addressing paralegals. Abrahamson, said that association is asking for a certification that would be required for paralegals to operate independently of lawyers. The concern is not so much with paralegals operating within law firms, but with them setting up their own offices and offering legal services and how that would impact the ability of people to get appropriate legal advice. She praised paralegals for the work they do, but noted that they typically focus on narrow areas.
According to Abrahamson, a major issue facing the courts deals with a growing number of people who are attempting to represent themselves. She explained that the court system faces challenges with these people who need access to the courts, but who do not know the court procedures. Abrahamson praised Gary Carlson for his time on the bench and the efforts that were made in this region to make it easier for self represented litigants. Carlson has worked with the state to get many of the routine forms on-line and is still involved with efforts to get them made interactive.
Abrahamson also touched on the court needing to be independent from special interest groups. She said the court has asked the legislature for public financing for judicial campaigns, but crafting a law that protects people’s free speech rights as well as making elections fair is a challenge. She noted public perception is that special interests that spend a lot of money to get a judge elected will get special treatment. While she does not believe that this is happening, she also objects to even the perception being in the public that this could happen.