Office of lawyer regulation - director

(1) The director of the office of lawyer regulation is appointed by and serves at the pleasure of the supreme court. (2) The director shall be admitted to the practice of law in Wisconsin no later than six months following appointment. (3) The director is an employee of the supreme court under the supreme court's ultimate personnel authority and subject to personnel policies and procedures administered by the director of state courts. (4) The performance of the director shall be formally evaluated every two years by the director of state courts, who shall consult with the staff of the office of lawyer regulation, the preliminary review committee, the board of administrative oversight, and attorneys who represent respondents in proceedings brought by the director. The director of state courts shall report the evaluation to the supreme court as a personnel matter. (5) The director may not engage in the private practice of law. (6) The duties of the director are: (a) To investigate any possible misconduct or medical incapacity of an attorney licensed to practice law or practicing law in Wisconsin. (b) To receive, review and direct the investigation of allegations of attorney misconduct or medical incapacity. (c) To close an inquiry or grievance following preliminary evaluation and to dismiss a grievance following investigation when there is insufficient evidence of cause to proceed. (d) To present as the director may consider appropriate the results of an investigation to the preliminary review committee for a determination of cause to proceed in the matter. (e) To file with the supreme court and prosecute complaints alleging attorney misconduct and petitions alleging attorney medical incapacity after a preliminary review panel has determined there is cause to proceed in the matter. (f) To divert a matter to an alternatives to discipline program as the director may consider appropriate and to monitor the attorney's participation in the program. (g) To monitor an attorney's compliance with conditions imposed on the attorney's practice of law. (h) To investigate petitions for license reinstatement and, at the 146 request of the board of bar examiners, to investigate the character and fitness of an applicant for bar admission. (j) To employ, with the approval of the director of state courts, staff to assist in the performance of the director's duties. (k) Repealed. (m) To prepare annually a budget for the operation of the office of lawyer regulation and to submit it to the board of administrative oversight for review and presentation, with comment, to the supreme court. (n) To prepare annually a report of the activities of the office of lawyer regulation during the preceding year and to submit it to the board of administrative oversight for review and presentation, with comment, to the supreme court. (o) To delegate the duties specified in this rule to staff as the director may consider advisable. (p) To perform other duties as may be assigned by the supreme court. (7) Repealed. (8) The director may refer a matter involving a fee dispute to a state or local bar association's fee arbitration committee for resolution. (9) The director, with notice to the lawyer concerned, may refer a lawyer to a state bar lawyer assistance program for any of the following reasons: (a) The lawyer has agreed to enter an alternative to discipline program and the director determines that a state bar lawyer assistance program would be the appropriate entity to monitor conditions. (b) The lawyer is subject to conditions on the continued practice of law or conditions on seeking license reinstatement and the director determines a state bar lawyer assistance program would be the appropriate entity to monitor conditions. (c) The lawyer has pleaded impairment or medical incapacity in response to an investigation or a complaint. (d) The lawyer has exhibited or engaged in other behavior that provides a reasonable belief that the lawyer may be impaired or incapacitated.