Madison Wisconsin State Journal (Newspaper) - August 14, 2003, Madison, Wisconsin
B2 thursday August 14, 2003 local Wisconsin state journal or jilt bin to r school District Only needs $3.3 million referendum had authorized the Madison school District to spend up to $12.3 million. By Anita Clark Wisconsin state journal the Madison school District will spend $3.3 million of the $12.3 million authorized voters in a june referendum superintendent Art Rainwater said wednesday. A this is keeping our Promise to the Community that we would Only use what is necessary a Rainwater said at a press conference with Bill keys school Board president and Board member Bill Clingan. Rainwater said he wanted Quot to really and truly thank our Community for approving the referendum to allow the District to spend up to $12.3 million More than what state Revenue Caps would permit. With school starting in just three weeks the districts Fin Ancial picture became Clear tuesday when the state Senate failed to override gov. Jim Doyle a veto of a Republican plan to limit property taxes. With $3 million in cuts already made the Madison school Board and with Doyle a budget allowing a $236 per student increase in District spending the District needs $3.3 million from referendum Money for its $305 million budget. The referendum amount will reflected in a tax increase of about 35 cents per $1,000 assessed valuation or about $67 on a Home assessed at $190,000, according to school District figures. That so a very very Small amount to ask for Public education a keys said. Rainwater said its difficult to predict if the District will seek another referendum and noted that Doyle has promised to create a task Force to examine school financing issues. School starts sept. 2 in the Madison District. Inmates continued from Page attorney general could do something that previously Only a a District attorney could do a Wasserman said. Under recent changes to the Bill the attorney general could order an inquest or jury Type review into the cause of death said Philip Cardis an attorney for the legislative Council. Under current Law Only a District attorney has that authority Cardis said. Other proposed changes would weaken some authority first proposed for a new inmate and resident mortality Board created the Bill. The Board would not have authority to order autopsies subpoena prison records or require a District attorney to hold an inquest. Previous language in the Bill authorized the Board to a a investigate deaths. New language Only allows the Board Only to Quot review deaths Cardish analysis of the Bill shows. Wasserman said he agreed to the changes because the new Board is intended to provide medical review expertise and to improve prison health care not to take Legal action. Autopsies already Are required on bodies of prisoners who die in custody he added. The new Board would replace the state department of corrections committee on inmate youth deaths but not take the place of internal reviews said corrections Secretary Matthew Frank. About 50 inmates die while in custody in the prison system each year Frank said. Just less than half of those deaths Are caused known conditions such As heart disease and cancer. Other deaths Are a unanticipated a but few have any suspected criminal misconduct he said. State prisons hold about 22,000 inmates. Frank has not formally endorsed the Bill but said he supports the concept. Quot its Good to have some feedback and consideration of what you might do to improve things a Frank said. Since 2000, the state has paid $2 million in settlements health care related deaths including a $950,000 settlement in the Greer Case Frank said. The new Board could make recommendations that improve health care in the prison system and reduce the Chance of lawsuits Frank said. The new 12-member Board would meet four times a year and include at least one licensed forensics pathologist physicians from outside the prison system nurses and corrections staff members. The Bill has support of the american civil i denies Union of Wisconsin said Chris Ahmuty executive director of that organization. A a it a a step in the right direction a to have Confidence in the system a Ahmuty said. Us Tennis player placed on probation us Madison Tennis player Ward Bortz was placed on two years of probation wednesday after pleading guilty to a Misdemeanour marijuana Possession charge. Bortz 20, a Sophomore from Brookfield was originally charged with Selling marijuana a felony. Dane county circuit judge Daniel Moeser imposed and stayed a six month jail term As a condition of probation and ordered that Bortz a Drivers License suspended for six months. Former us Madison menus Tennis Captain Blake Baratz 23, a doubles partner of Bortz last season is awaiting a preliminary hearing later this month on a felony charge of maintaining a drug House. According to a criminal complaint against Baratz Bortz told police that Baratz was his source for marijuana. Red Treleven fatal continued from Page example that seat belts save Peoples officials were withholding crash victims names until relatives could contacted. Investigators had not determined Why the Corsica left its Lane Kruger said. Alcohol Isnit thought to a Factor although toxicology tests Are being conducted he said. In a 2 . Crash in Columbia county two Young men were killed when a car driven a 46-year-old Poynette woman crossed the Enterline on Highway 22, five Miles East of Poynette and struck their vehicle. The 22-year-old Driver and his 24-year-old passenger both from Marquette county were pronounced dead Columbia county Coroner Marc Playman at the crash site. A third passenger was flown to us Hospital with head injuries and was in critical condition. No one in that vehicle wore seat belts. The woman driving the other vehicle was flown to us Hospital with internal injuries. Her condition was unknown. She was wearing a seat Belt. Columbia county officials were not releasing the victims name since relatives had not been notified. The cause of the crash was still unknown. As of aug. 8, the state had 503 traffic fatalities this year reported Dennis Hughes of the states Bureau of transportation safety. It was the earliest in 20 years that the state reached a year to Date total of 500 traffic deaths he said. A the Portage daily Register contributed to til is Story. Talk continued from Page knocked around wildly in the storm. A if he Hadnot done that they would have been in grave danger a Leary said. A a that a partly a Story about rapidly changing weather conditions and the science of that and its also about a kind of initiation a coming of age heroic Story about a Young persons telling a weather Story also requires including some of the key Steps in doing science such As observation analysis and hypothesis or prediction Ackerman said. Over the next school year the k-12 teachers in the project will Field test lesson plans in the proposed weather curriculum developed at us Madison students in atmospheric science and folklore. A they Are our test Pilot teachers a said Kris Karnauskas a senior majoring in atmospheric science. A a they la document their the lessons cover three types of weather stories severe weather common weather sayings a like a wind from the West fish bite Best a a and occupational stories about those who work with weather. The teachers also plan to collect weather stories of their own from students families and local weather experts in their Community adding those to the web site As Well. The project was funded a $28,359 Grant from a us Madison endowment fund. In state of Wisconsin Legal notices retort Auto accommodation. Including the provision of informational malarial in an alternative format wit provided tor qualified individuals with disabilities upon request a top Lime in it Ajo of cum general notices bids proposals Sci tit in include a Bricf description of the item or service the request for rid mfr or request for proposal of pm number. The Date and time due. The Agency issuing the Bui proposal and name and Telephone to Contact for a copy of the hid proposal Andor additional information construction bide if any follow thai Section each Lection bids proposals Ion include a Brief Dele description of the item or service the request for rid mfr or request for proposal i of pm num Ber he Dale and time due. The Agency issuing the hid proposal and name and Telephone to Contact for a copy of the bid proposal and or additional information construction Bidi. If any follow this Section item Locum ten enc temporary physician mfr clm-663 Dun August 21, 2003 2 30 Agency department of corrections Tel Katherine i Mccabe 608 240-5686 _ wsj�886068>_ item conduct and perform safety and Security audit of the Kenosha transit trolley item Wie oot requests bids to establish a contract for the Purchase Complete fabrication treatment and delivery of specified Wood posts statewide gab #266640, Boe 08/27/03. Time 2 of Agency i dept of transportation Madison newspapers inc Telephone 6081 267 4468 fax 6081 267 3609 wsj#8929261 the Public hearing on this matter and Rule petition 02 06 it is further ordered that notice of the hearing give this order and of the petition in the official state newspaper bar of Wisconsin not More then 60 Days nor less then 30 Days before the Date of the hearing dated at Madison Wisconsin this Lith Day of june 2003 the court a Cornelia Clark clerk of supreme court supreme court of Wisconsin petition 03-01 syst rep item up #268071 due 09/10/03, time 2 00pm Agency i dept of transportation Madison Telephone 608 267 4468 fax 6081 267 3609 iwsj#893506 i i state of Mic min office of tif Secretary of state i Douglas la Follette Secretary of state of the state of Wisconsin do hereby certify that pursuant to is. 14.38< 10kc& of the Wisconsin statutes notice is hereby Given of certain specifics of the following Wisconsin acts each of which has As its Date of publication August 14, 2 x 3 the full text of each of the acts listed below can obtained at the legislative document room. 17 West main Street Madison. 2003 Wisconsin act 37 Seal in witness Hereof i have Hereunto set hand and affixed official Seal in the City of Madison on this Day july 31, 2003 amp Douglas la Follette Secretary of state asst Forth the discipline or other Dit position sought f scr 22.22. . By _ pm need for submission to the preliminary review committee for a finding of Cebee to proceed j Wisconsin act 37 2003 Senate Bill 197 relating to single sales Factor apportionment of income for corporate income tax and franchise tax purposes and granting Rule making authority. Wsj#895662 Large or Small we treat them All w Loci i i it i ii 111 s i la a i Ike \ fond a i la so ill it i a r i ids Hanley company i wast pain St Sun Prairie phom 608-637-9111 a 1-800-279-1422. Try under a Flora Visioni Amil. Chaplet. Purpose to provide reciprocal subpoena authority with other jurisdiction that have similar reciprocal authority this provision it intended to Honor disciplinary system subpoenas from other jurisdictions and to enable the office of lawyer regulation to have subpoenas honoured in other jurisdictions based upon reciprocal authority. J respectfully submitted this 24th Day of january. 2003. A Keith l. Sedan director office of lawyer regulation state bar no 1001088 Wasj #878813 daily record births St. Mary s Hospital August 12f 2003 Breunig mrs. Amp or. Frank Breu nig Mazomanie son Chastan Laura amp John Madison daughter Clay Dinelle amp St. Germaine Frank Madison son Elliott Ann amp Eriz Evansville son Laufenberg Dana amp Jay Waunakee daughter Tschanz Nicole amp Michael cottage Grove son Wilkinson Kristin amp Jack Sun Prairie daughter August 13,2003 Breidenbach Amy amp Mike Reedsburg daughter Patterson Melanie amp John Oregon son Wipperfurth Ashley amp Guillen Michael Madison son Yadav Shashi amp Ashok Madison daughter Meriter Hospital August 12,2003 Gill Kelly amp Pat Madison daughter Kalscheur Diane amp Greg Cross Plains daughter Kimpton Ginger amp Chad mount Horeb son Lentz Nicole amp Shinnick bran Madison son Navarro Haffner Kristin amp Haffner Matthew Madison daughter Oneil Paula amp Patrick mount Horeb daughter August 13,2003 Krause Sarah amp Jeffrey Madison son Larson Stacey amp Bill Sun Prairie son Martinson Lisa amp David new glarus son Pharo Rebecca amp Tony Mazomanie daughter Stanton Jennifer amp Erik Mineral Point daughter deaths Madison Iyama Mabel Shizuye Koba 88, at Meriter Hospital Friday Kinney Florence e., 92, tuesday o Connor Judith 68, at Home monday Pettit Marjorie Nelso monday Snell Robert g., 54, tuesday other Blue Mounds a o Connell Lawrence Quot Larry Quot 63, at Don and Marilyn Anderson hospice care Center wednesday Darlington a Soper Roger a., 53, in a motorcycle crash tuesday Elkhorn Thieleke Neil e., 69, at West Allis memorial Hospital in West Allis monday Fennimore a Munns Helen i., 76, at the Fennimore Good Samaritan Center tuesday Mauston a Roeling Rose 80, at Gundersen lutheran Hospital of la Crosse tuesday Middleton Thompson Robert o., 77, wednesday Oregon a paddock James s., 31, at Home tuesday Richland Center a Spangler Avis a., 89, at Schmitt Woodland Hills tuesday West Bend Ainslie or. Robert b., 92, at Cedar Lake health care Center Friday 0bituaries/-5 today s funerals Hammes Marcella Esther 11 a.m., St. Bernard Catholic Church 2450 Atwood ave. Kipp Michael 11 a m., Gunderson East funeral Home 5203 Monona drive Monona Kremer George a 3 ., St. Bridget s Catholic Church River Falls Wilcox John 5 ., Gunderson East funeral Home 5203 Monona drive Monona state of Wisconsin Legal notices Saso Narbig accommodation including the provision of informational material in an alternative format will provided for qualified individuals with disabilities upon request. _h8p.wbw�.madloncom supreme court or Wisconsin no 03-04 in the matter of amendment of supreme court Rule 20 1 Sib and creation of supreme court Rule 20 1 6 regarding written communication on fee and the amendment of supreme court Rule 31 02 regarding continuing Legal education credit for ethic on april 11, 2003. The Wisconsin court fee arbitration study committee filed a petition seeking to Amend supreme court Rule 20 1.5 regarding fees under the rules of professional conduct for attorneys and supreme court Rule 31.02 regarding continuing Legal education credits for ethics pursuant to the proposed amendments for Rule 20 1.6 an attorney Mutt provide the client a written explanation of the services anticipated the basis for calculating the fee end the estimated amount of the fee where it in Likely the Legal representation would Likely result in a fee of to .000 or More and must provide a written explanation and response to a client s Challenge of a fee for Legal service the committee also seeks to Amend Rule 31 02 2 to require continuing Legal education related to fees and the financial relationship Between lawyers and clients it is ordered that a Public hearing on the petition shall held in the supreme court room in the state Capitol Madison Wisconsin on wednesday. October 22, 2003, at 9 of a in. It is further ordered that the court s conference in the matter Shell held promptly following the Public hearing it is further ordered that notice of the hearing Given a single pub this order and of the petition in the official state newspaper and in in official publication of the state i that notice of the hearing Given a Tingle publication of a copy of on in the official state newspaper bar of Wisconsin not More than 60 Days nor less than 30 Days before the Date of the hearing state of Wisconsin Legal notices reasonable accommodation including Tot provision of informational material in an alternative format will provided tor qualified individuals with disabilities upon request a mme a a a a a Mem Surat court of Wisconsin no 03-01 in the Metier of amendments to supreme court rules chapter 22 procedures for the lawyer regulation system on january 24, 2003, the office of lawyer regulation lied a petition seeking to Amend supreme court Rule 22 04. 22 11, 22 26, 22 30, 22 40, and 22.42 relating to procedures for the lawyer regulation system the petition proposes to Correct reference to subpoena authority create reciprocal subpoena authority with other jurisdictions Lithonia the filing of a reciprocal discipline complaint without the need for submission to the preliminary review committee for a finding of cause to proceed clarify that the supreme court review allegation of malfeasance Gainet special investigators and member of the special preliminary review panel eliminate the requirement that notices of reinstatement hearing published in the official publication of the state Ber of Wisconsin and allow disclosure of relevant information to the United state attorney in situation where jurisdiction lie with the Federal government it is ordered that a Public hearing on the petition shall a Bald in tha Supra a court room in the state Capitol Madison Wisconsin on thursday september 18, 2003 it 9 00 a in it is further ordered that the court s conference in the matter shall held promptly following the Public hearing on thie matter end Rule petition 02-06 it is further ordered that notice of the hearing Given a single publication of a copy of r and in an official publication of tha state dated it Madison Wisconsin this 30th Day of june. 2003 the court isl Cornelia Clark Clark of supreme court state of Wisconsin in the Metter of the petition for amendments to supreme court rules relating to tha lawyer regulation system to chief Justice Shirley Abrehamson Justice William a bewitch Justice Jon p Wilcox Justice Ann Walsh Bradley Justice n Patrick Crooks Justice David t Prosser or. Justice Diane s Sykee filed with the clerk of court Cornelia Clark clerk of supreme court office Hoe mein Street suite 215 Madison i 63703 the Petitioner Keith l. Sedan. Director of the office of lawyer regulation hereby petitions the supreme court of Wisconsin for an order that amends supreme court rules scr relating to tha lawyer regulation system As described in tha following paragraphs proposed amendments scr 22 04 referral to District committee 1 tha director May refer a matter to a District committee for assistance in the investigation a respondent has the duty to cooperate specified in scr 211614 and 22 03 2 in respect to the District committee the committee May subpoena and compel tha production of document specified in scr 22 03 30 end 22 42 purpose to Correct the reference to the subpoena authority i scr 22 11 initiation of proceeding 2 the complaint shall aet Forth Only those fact and misconduct allegations for which the preliminary review panel determined there was cause to proceed and t Forth the. Sub 11.21. May a get anti in Oomen lot Withiam a preliminary review banal finding of purpose to authorize tha filing of a reciprocal discipline complaint without the state of Wisconsin in supreme court in tha matter of the amendment of supreme court Rule 20 1 Sib and creation of supreme court Rule 20 1 6 regarding written communication on fees petition end the amendment of supreme court Rule 31 02 regarding continuing Legal education education credits for ethics preamble even the Moat careful end professional attorney will from time to time experience disagreements with clients regarding the payment of fees and expenses Resolution of such disputes can prove costly time consuming and occasionally embarrassing such disputes May also Creata tensions or generate publicity that reflects unfavourably on the Profe Enion. Recognising the above facts and As a service tor their members and tha Public both tha Milwaukee bar association and the state bar of Wisconsin have maintained fee arbitration pro ? ran is for decades he Tea arbitration programs though binding require the voluntary participation both tha client and attorney in Soma instances clients have applied for to iteration Only to hive the attorneys decline to participate various individuals have suggested that the occasional unwillingness of attorneys to participate in arbitration reflects negatively on the profession and inappropriately disadvantage the Public those same individuals have recommended that the supreme court of Wisconsin mandate participation in fee arbitration for Wisconsin attorneys addressing the issues raised the court created the Wisconsin courts fee arbitration study committee order no 00-16 dated november 9, 2001 and charged the committee to identify advantage end disadvantage and strengths end weaknesses of mandatory and voluntary fee arbitration programs a review and Analyse the operation of existing fee arbitration program including those of the stat bar association the Milwaukee Ber association end the office of lawyer regulation propose a fee arbitration system or system for Wisconsin. The committee met repeatedly studied the issues end formulated recommendations which h submitted in a written report to the supreme court on november 5, 2002 representative of the committee presented in Oral report to the court on december 18, 2002 at the conclusion of the Oral report the court suggested that the committee reduce it recommendations to a formal petition pursuant to the court suggestion the committee submit the petition stated below petition tha Wisconsin courts foe arbitration study committee patrons the supreme court of Wisconsin to adopt the to lowing amendments to supreme court Rule 20-1.6, fees under the Rule of professional conduct for attorneys Section 1 20 1.6 of tha supreme court rules is amended to read 20 1 5 when the lawyer he not regularly represented the client j aide that tha anticipated representation will result in a fee of 11 too i in a reasonable time after la tha Antici pc and scope o1 Chinmu Mcraie to of the lawyers work 121 the basis or rate of the Lee j a Uinci Tao will a Chai aaa on an hourly contingency or Athel basis. 13 an est a tlmlflf1�?T i the availability of fee a brr requires Ana to Mote payment to the lawyer prior to. M a qua with. The commencement of the representation or periodically the Aurora Emu Flat. Of each payment sad its Impact on Ullin ill. Ultimately Pantalion. The cur Pata and effect Nursement ultimately payable ii i the Cut Ute Itha . The lawyer shall provide the client regular oar eau _ accounting of the feel excepts cont infant fee Manors and reimbursable expanse Accra data Ana if Hajee Alunite required above becomes substantially inaccurate the Law vet. Torah provide a revised estimate to the client commentary in its report the committee proposes no fundamental Chang in the fee arbitration systems now functioning in Wisconsin but Doe propose the changes recommended in this petition. The committee believes the court would Batt meat the Community s need addressing the Causa of fee disputes rather then adjusting remedies the committee believes that the court could address the causes requiring a better communication with clients regarding fee upon beginning and during the representation More Complete communication to client at Early stage in fee disputes and in Batter education of attorneys regarding their responsibilities in relation to fee and Billing the committee has identified Rule change addressing each of the three areas As explained in the following paragraphs information provided the committee indicates that Many fee disputes Ansa from different understandings Between clients and lawyers regarding the calculation of fees and their ultimate amount a a result the committee believes that the number of fee disputes would diminish with better communication at tha initiation of representation except in contingency fee Casas scr 20 1.6 currently encourages but does not require written communication regarding fee the committee scr 20 1 5 so that when the anticipated representation will Likely result in a fee of or More Early in the representation the lawyer Mutt provide the client a written explanation of the service anticipated the basis for calculating the fee end the estimated amount of the fess. It also recommends requiring the lawyer to explain the effect of any retainer paid regularly to Advie the client regarding the accumulation of fee and expenses during the course of the jyfjsyjqjjfj0 in cd a a it to update the fee estimate originally Given. 20 1.6 a of the supreme court Rule in created to read 20 1.6 a of a client or former client questions or challenges in writing the fee due for a lawyer Marvica a including but not limited to applying for fee arbitration the lawyer Shell in a timely manner Respondi writing to the client or former client stating the lawyer s position and explaining the Baals for the fee charged commentary clients have expressed indignation and frustration at Soma attorneys ignoring complaints or inquiries regarding fees that reaction strains tha lawyer Cliant relationship and tame the profession. A a result the committee recommends in addition to scr 20 1.6 requiring an sri or a or in explanation of the fee charged when a client or former client questions or disputes a Bill in writing. The lawyer a response signifies the client s objection and May Lead to the Resolution of the fee dispute though an Oral response May suffice in Many instances a written response memorializes the lawyers compliance with the revised Rule and provides a Baals for future dispute Resolution activity a Section 3 31.02 2 of the supreme court Rule to amended to read 31 02 2 a lawyer Shalt attend a minimum of 3 of the 30 hours required under sub 1 on the subject of Legal ethics and professional responsibility in every reporting period except i of Martty Cut a a no education regarding reduce does not Emp Heede end. Id Many respects ignores the lawyer rights and responsibilities regarding fees lawyer May satisfy the biannual requirement of ethic training without aver discussing fees the Lack of understanding in this area and outright ignorance increases the incidence of fee disputes a a result the committee recommends that mandatory continuing Legal education regarding ethic include discussions of fees and financial relationship Between lawyers and clients respectfully submitted this 9th Day of april 2003 Wisconsin courts fee arbitration study committee isl Donald j. Christi chairperson Reinhart Boerner Van Lauren a. 1000 n water St. P Box 614000 Milwaukee i 63203-3400 Wasj #878876 i i. If ladle 33 scr 22 26 misconduct and malfeasance allegations against lawyer regulation system participants 8 allegations of malfeasance against the director retained counsel a member of a District committee. A member of the preliminary review committee a member of the Board of administrative oversight la Ami . A Mamba of i Ciai preliminary review Bai in l or a referee shall referred the director to the supreme court for appropriate action purpose to clarify that the supreme court reviews allegations of malfeasance Gainet special investigators and members of the special preliminary review panel scr 2z 30 reinstatement procedure 3 at least 30 Days prior to the hearing tha director shall publish a notice in a newspaper of general circulation in any county in which the Petitioner maintained an office for the practice of Taw prior to soap Anion or revocation and in the county of the it Petitioner s residence during the suspension or revocation a in a Affue Jahp Ltd mgt Azanaw Amhi of get bar Ai wide Ewe purpose to shorten the Lead time required to schedule Reinst tamant hearings publication Lead time for the Wisconsin lawyer delays hearing dates longer then would otherwise required publication in newspapers of general circulation is sufficient to protect the Public interest i scr 22 40 confidentiality 3 the director May provide relevant information to a District attorney or a United Stales attorney where there is substantial avid of an attorney s possible criminal conduct purpose to authorize disclosure in situations where jurisdiction lies with the Federal government scr 22.42 subpoena 61 reciprocal subpoena authority Al Suh Bohni Bunyan in Law of another luf diction. Whenever a a Rouena is sought in Wisconsin pursuant to the Law of another jurisdiction for use in Law vet discipline or disability investigation or foce Edina in that Iuna diction