State Ex Rel. Armstrong v. Board of Governors

SHIRLEY S. ABRAHAMSON, J.

(concurring). I do not think the court’s decision in this matter should turn on whether the three questions relate to Bar Association policy. The court’s decision in this matter should be based on a practical consideration, namely whether the court is willing to consider at this term the issue of the continuation of the integrated bar if a substantial number of attorneys express dissatisfaction with the current performance of the Bar or interest in “disintegrating the Bar.” Because I do not believe that the court should now consider the issue of the functions of or continuation of the integrated bar, I believe the court under its supervisory authority over the Bar should refuse to direct the submission of the three questions to the Bar membership at this time.

On December 29, 1976 this court appointed a committee (known as the Parnell Committee) to study the *753Bar and to make recommendations to the court on four questions:

“(1) the concept of the integrated bar and whether it should be continued in Wisconsin; (2) the type of activities in which the State Bar should engage; (3) the appropriate means of financing the activities of the State Bar, including the extent to which continuing legal education activities provide funds for other Bar activities; (4) the management of State Bar funds, including budget development, accountability for expenditures, and the development and use of surpluses.” 81 Wis.2d xxxv.

These are the very issues which the. three referendum questions address.

The Parnell Committee held hearings around the state and filed its report on August 1, 1977. The court held a public hearing on October 24, 1977, and on November 18, 1977 the court issued a per curiam opinion relating to the operations of the Bar and an order amending the Bar rules. This order went into effect January 1, 1978, just one year ago.

This court should not authorize a referendum unless it would seriously consider the results of the referendum. I do not believe this court should again consider the operation of the Bar and the continuation of the integrated Bar this soon after the Parnell Committee study. I believe the State Bar should be given at least three years of operation under the new rules before the attorneys of this state and the court pass judgment on the continuation of an integrated bar.