waukeshalogo.jpg

SCRIPTUS


P.O. Box 400

Pewaukee, WI 53072

http://waukeshabar.org



A Publication of the Waukesha County Bar Association

 

January, 2008

Danni Caldwell-Editor

  




Table of Contents
   (click on a link to go to the article or item)




Mark Your Calendars




President's Letter




Minutes and Treasurer's Report




Clerk of Courts News




Section News




Member News




New on the WCBA Website



      

MARK YOUR CALENDARS

February 4th, 2008
(noon)


April 26th, 2008




Support Staff Luncheon
Country Springs Hotel
RSVP form here

Spring Awards Dinner

TOP

A Word From Your President

Dear Colleagues:

The start of the new year is a busy time for your Bar Association.  The annual Judges update luncheon was held on January 7, 2008 at noon at the County Inn Hotel. About 80 bar members and members of the Judiciary attended. Chief Judge J. Mac Davis announced the rotation of Judges for August of 2008.  The information is posted on the Waukesha County Bar Association website.  Information was also provided about prisoner movement studies being done to look at ways to keep the courthouse and constituents safe.  If you would like more information about that issue please contact Judge Davis.

The next Bar event is the Support Staff luncheon, held on February 4, 2008, at noon, at the Country Inn Hotel. Each bar member may bring one staff member for an appreciation luncheon and entertainment. Please mail in your responses as soon as possible.

The Bar Association is also Planning to sponsor a candidate forum for the Court of Appeals and the Supreme Court races. In the event all the candidates can make some time in their schedules, we are hoping for a March forum.  The website will continue to provide information about this event as we receive responses from the candidates.

Please continue to visit the website for more information about events and information available to you as benefits of being member of the Waukesha County Bar Association

Sincerely,

Marjorie A. Wendt
President

TOP
WCBA Board Minutes - Meeting of November 15, 2007

Attendance:    Marjorie Wendt, President, Doug Swanson, Secretary/Treasurer, Judge Mac Davis, Past President, Christine D'Angelo, Craig Kuhary, John Macy, Michael Morse, Michelle Martin, Danni Caldwell, Victoria J. Schroeder.

Minutes:  The Minutes of the October 18, 2007 meeting were approved.

Old Business and Committee Reports   

State Board of Governors:   John Macy circulated the draft Agenda for the State Board of Governors Meeting scheduled for December 12, 2007.  He reported that a Hearing was scheduled for September 10, 2007 regarding the rotation of the State Bar President.  We discussed the dues surplus of $750,000.00 and the various theories and ideas which are being shared amongst the State Board of Governors as to how to spend the money.  Both John Macy and Mike Morse reported that this is a very contentious issue.  They will report back more after the December Meeting of the State Board of Governors.

2007 Ethics Seminar: Doug Swanson reported that he purchased a $50.00 gift card from the Barnes & Noble Bookstore for each of the four speakers.  Christy D'Angelo presented those gift cards to the speakers.

Scriptus:   Danni Caldwell reported that the Scriptus would be out the following Monday which would be before the holiday party.

Holiday Party:  Danni Caldwell and Michelle Martin discussed the door prizes.  Also, we discussed that the invitations had been sent out and it will again be held at the Delafield Brewhaus.  We have made arrangements to have the same food and it is anticipated that the cost will be consistent with the 2006 Holiday Party.

Bylaws Committee:    Michelle Martin, Danni Caldwell, and Marjorie Wendt are on this Committee.  Michelle will send a draft of the proposed changes to the Board of Directors for their review.  They will also look into the liability insurance for the Board of Directors Officers; add and delete Committees that either we have or don't have; clean up the language of the Bylaws.

Entertainment:  John Macy raised the question of hiring lawyers who present comedy and law type presentations for local bar services.  This type of presentation could be used as the entertainment section of some of our functions.  John will look into that issue more and report in future meetings.

The Meeting was adjourned by unanimous consent at 1:00 p.m.

Respectfully submitted,
Douglas E. Swanson, Secretary/Treasurer

(Editor’s Note) Next WCBA Board meeting is February 21, 2008 - Room G-55 of the County Administration Building.


TOP

From the Clerk of Courts


Calling All Attorneys!

The Waukesha County Family Legal Clinic began offering free, 20 minute, legal consultations to family court litigants in December of 2007 with the assistance of 13 Volunteer Attorneys.  The Clinics are held on Wednesdays from 4:30-6:30 pm in the Court Self- Help Center, Room C-108 of the Courthouse. A grant from the State Bar of Wisconsin provides administrative assistance and malpractice insurance to attorneys during their volunteer service, and a partnership with Legal Action of Wisconsin's Volunteer Lawyers Program provides up to 12 CLE credits. 

As we begin to advertise, and as the demand for this service grows, so does our need for additional volunteer attorneys.   We have scheduled a one hour program training session for February 19, 2008 at 4:30 pm, room to be determined.  If you are interested in participating, please review the attached program description and complete the Attorney Volunteer Registration Form. If you have further questions, please call Tera Nehring, Program Coordinator, at 262-896-6870, or send an email to tera.nehring@wicourts.gov with any questions.  We look forward to your participation in what has already been a beneficial and rewarding program for litigants and attorneys alike!

Information Regarding Probate

Judge Davis and Sally Lunde forwarded this missive, sent by the Department of Revenue, for inclusion in the Scriptus:

We have made several changes to the way estates and trusts request a closing certificate for fiduciaries. I thought it would be helpful for you to be aware of them.

The Form 2 is no longer used to request a closing certificate. The form has been revised, and the check box and address section for the certificate information have been removed.  If an estate does not have enough income to require filing a return, it no longer has to fill out the Form 2 just to get the certificate.

The closing certificate is now requested using Schedule CC. This form has been revised so that it can be scanned and processed in our computer system.  When it is processed, it will automatically go on my list to get a certificate. (In other words, they don't have to remember to check the box, they just have to fill out the right form.)  The PR is still required to supply all of the same information as before, including a copy of the will, any codicils and the inventory.

If the PR files an income tax return for the estate on Form 2 and also asks for the closing certificate on Schedule CC at the same time, they can be sent in the same envelope, but they should be assembled as separate documents.  Previously, the Schedule CC was included as one of the attachments to the Form 2, but now it will always be processed separately. They should be sent to PO Box 8918 to get priority handling.

Because of the significant changes to the forms, we can't accept returns that are submitted on the wrong form.  The 2007 Form 2 and schedules are on the internet and they must be used to file a 2007 fiduciary return. If the wrong form is submitted, we are sending them back to the fiduciary to redo the return on the correct form.  Also, since the Schedule CC is now processed separately from the Form 2, the correct schedule must be used to request a closing certificate. The correct version has a bar code on it. Older versions of the form without the bar code can't be processed.

A return for a tax year beginning in 2008 is filed on the 2007 Form 2. The preparer must enter the beginning and ending dates of the return at the top of the form.

Here are links to the DOR website:
Fiduciary forms http://www.revenue.wi.gov/html/taxfid.html
Tax practitioner page, Form 2 changes  http://www.revenue.wi.gov/taxpro/news/080104.html

Please feel free to contact me if you have any questions.
Laureen Thoemke Plum
Supervisor, Estate and Fiduciary Unit
Wisconsin Department of Revenue
(608) 266-2826
Laureen.Thoemke-Plum@revenue.wi.gov

Section News


The Real Estate and Probate pages on the WCBA website have been recently updated.

Please send section news and information to Michelle Martin at mmartin@murnlaw.com or Danni Caldwell at wcba1@waukeshabar.org.


TOP

Member News


CLE Approval

The Juvenile Court Guardian ad Litem Seminar sponsored by WCBA on December 13, 2007 was approved for 3.5 CLE credits. The entire list of approved seminars sponsored by WCBA , along with the credits approved, can be found on our website.

Support Staff Luncheon RSVP Forms Due Now!

The date for the Support Staff Luncheon is Monday, February 4th. You should have by now received the RSVP form in the mail. If you did not, please go to the website and print it out or give me a call or email and I’ll send it to you. Don’t delay getting us an RSVP. If you do not RSVP, you will not be able to attend, and imagine explaining that to your support staff. Oh, the chill!

Assistance Sought

The Waukesha County Criminal Justice Coordinating Council has an opening for a public member.  About six meetings per year, with variable committee work, are involved.  Please contact Judge Mac Davis with questions or if interested.Assistance Sought

TOP

New on the WCBA Web Site

 
The Waukesha County Court Commissioners have a new schedule, effective January 7, 2008. You can find that schedule on the WCBA website by clicking on the link on the right side of the page.

For those of you who practice in Ozaukee County, please be aware that they have revised two of their local rules. You can see those new rules by going to the WCBA website opening page and look for the Ozaukee County Rule change link at the bottom of  the left side column.

As reported in December, I accomplished my goal of posting old editions of the Scriptus on the website. I was able to locate editions that date back to April, 1971. Simply go to http://waukeshabar.org/scriptus_archive.html to access any of them. They are in groups of three or four years and further divided by decades.

If any of our senior colleagues happen to have any editions from before 1971 or the early 70's (there seems to be some gaps), I would love to get my hands on them to scan and add to our collection.

The photos from the Holiday Party have been uploaded to our website. Check the website page for the link. Contrary to popular belief, I will not accept bribes or gratuities in exchange for removing photos believed to be less than flattering from the website!

  
TOP


Comments or questions about the Scriptus should be directed to:                     

 

Danni Caldwell, Editor

548-7432

wcba1@waukeshabar.org


KEEP WARM AND TOASTY!