Subpoena

(1) In any matter under investigation, the director, or a special investigator acting under SCR 22.25, may require the attendance of lawyers and witnesses and the production of documentary evidence. A subpoena issued in connection with a confidential investigation must so indicate on its face. It is not a breach of confidentiality for a person subpoenaed to consult with an attorney. (2) In any disciplinary proceeding before a referee, the director, or the director's counsel, a special investigator acting under SCR 22.25, and the respondent or counsel for the respondent may require the attendance of witnesses and the production of documentary evidence. The use of subpoenas for discovery in a matter pending before a referee shall be pursuant to an order of the referee. The service, enforcement, 202 or challenge to any subpoena issued under this rule shall be governed by ch. 885, stats., except as otherwise provided in this chapter. (2m)(a) The director may issue a subpoena under this chapter to compel the attendance of witnesses and the production of documents in Wisconsin, or elsewhere as agreed by the witnesses, if a subpoena is sought in Wisconsin under the law of another jurisdiction for use in a lawyer discipline or disability investigation or proceeding in that jurisdiction, and the application for issuance of the subpoena has been approved or authorized under the law of that jurisdiction. (b) In a lawyer discipline or disability investigation or proceeding in this jurisdiction, the director, special investigator, or respondent may apply for the issuance of a subpoena in another jurisdiction, under the rules of that jurisdiction when the application is in aid or defense of the investigation or proceeding, and the director, special investigator, or respondent could issue compulsory process or obtain formal prehearing discovery under this chapter. (3) A referee may enforce the attendance of a witness and the production of documentary evidence. (4) The referee shall rule on a challenge to the validity of a subpoena. If a referee has not been assigned to the matter, a challenge to a subpoena issued by the director shall be filed with the supreme court together with a petition for the appointment of a referee to rule on the challenge. (5) Subpoena and witness fees and mileage are allowable and paid as provided in Wis. Stat. §§ 885.05 and 885.06(2). A witness subpoenaed during an investigation shall be paid subpoena fees and mileage by the person requesting the subpoena. A witness subpoenaed to appear at a disciplinary or medical incapacity hearing before the referee shall be paid subpoena fees and mileage by the party on whose behalf the witness appears.