At the Board of Governors December meeting, State Bar President Ryan Billings speaks on a proposed increase to the fee that lawyers pay towards the public legal interest services fund (PILSF). Dec. 9, 2024 – The State Bar of Wisconsin will soon present – to the Wisconsin Supreme Court – the results of a survey that asked if State Bar members would support or oppose increases to the fee that lawyers pay towards the public legal interest services fund (PILSF). Eight legal aid organizations filed Petition 24-05 in July, asking the Wisconsin Supreme Court to raise the annual PILSF assessment from $50 to $75, beginning July 1, 2025, and to $100 annually, beginning July 1, 2027. The petitioners noted that the assessment has not been increased in almost two decades, since it was first adopted in 2005. The court (5-2) created the PILSF fund in 2005 “to aid the courts in carrying on and improving the administration of justice and to facilitate the improved delivery of legal services to persons of limited means in non-criminal matters,” under SCR 13.01. Lawyers have paid $50 annually to help fund organizations such as Legal Action of Wisconsin, Judicare Legal Aid, the Legal Aid Society of Milwaukee, Disability Rights of Wisconsin, ABC for Health, and Centro Legal – all parties to Petition 24-05. Funding sources, such as PILSF, allow these organizations to represent and serve low-income individuals and families pro bono or at nominal fees. The PILSF funds go to the Wisconsin Trust Account Foundation (WisTAF), which disburses the funds to providers. The Wisconsin Supreme Court annually assesses the $50 PILSF fee (aka WisTAF fee), which the State Bar collects on the court’s behalf, along with other court assessments. The petitioners asked the State Bar to support Petition 24-05. The State Bar’s Board of Governors (Board) discussed the petition at length at its September Board meeting, and recently surveyed members to obtain input before taking any action at its Dec. 6 meeting. On the recommendation of State Bar President Ryan Billings, the Board voted almost unanimously (one opposed), at its Dec. 6 meeting, to share the survey results with the Wisconsin Supreme Court, which will ultimately decide what to do with Petition 24-05. Specifically, the Board voted to authorize Billings, as State Bar president, to present the survey results to the Wisconsin Supreme Court, as well as the views – supporting, opposing and alternative proposals – expressed by members. District 2 Gov. Lisa Lawless speaks on her view that the PILSF fee is a tax. State Bar Survey and Recommendation After the Board’s September meeting discussion – at which Board members voiced both support and opposition to Petition 24-05 – the State Bar surveyed members who pay the annual PILSF assessment. More than 3,000 members responded, with opportunities to comment through the survey. Members also provided direct feedback by email. About 65% of all survey respondents opposed the petition, with some variations among practitioners of different firm sizes. For instance, 74% of the 805 solo practitioners who responded opposed the petition versus 58% among attorneys in firms with 11-15 lawyers. “It was not a scientific poll,” said President Billings at the Dec. 6 meeting, while noting solo practitioners were the largest group to respond. “We did not spend 10s or 100s of thousands of dollars to make sure it was scientifically representative, or that we captured every subgroup. Instead, it was an opportunity for our members to be heard on the issue.” He noted that a large segment of the State Bar’s members are nonresident attorneys. Of the 638 nonresident lawyers who responded, about 74% opposed the petition. Billings reiterated that the survey does not reflect the views of all members, including members who may support it but didn’t respond, and vice versa. And he noted that most members would not question the importance of civil legal aid funding in Wisconsin. “I start there,” Billings said. “I don’t question the need for civil legal aid. The question is … how much of the burden should lawyers bear.” “Reasonable minds can disagree on that,” Billings continued. “I certainly see that there are compelling arguments in favor of the petition and compelling arguments against it – none of which have anything to do with the importance of civil legal aid or the value of the organizations that provide it. That’s the dilemma. So, what do we do?” Billings recommended sharing the survey results with the Supreme Court – while noting it’s not a scientific survey – and sharing the most compelling reasons members offered in both support and opposition. Ultimately, the Board voted in favor of Billings’ recommendation. District 9 Gov. Sam Wayne spoke in favor of the petition to increase the PILSF fee. Board Discussion Before approving Billings’ recommendation, the Board engaged in another lengthy debate. Some stressed the legal profession’s responsibility to help fund civil legal aid while others noted that lawyers should not bear the burden alone – that the Legislature must step up. In his opening remarks, State Bar Executive Director Larry J. Martin noted the 2007-09 biennial state budget, using state tax dollars, included $1 million per year in funding for civil legal aid. The 2009-11 biennial budget provided $4.5 million in state funds for civil legal aid. Civil legal aid funding was eliminated starting in 2011. In 2015, the Legislature approved $500,000 in annual civil legal aid funding, using federal tax dollars. “In other words, for nearly 16 years, the state has not invested any state-collected tax dollars to help Wisconsinites access the justice system,” Martin said. “This level of funding is near or at the bottom of civil legal aid among the 50 states. Come January, when our new Legislature convenes, the State Bar of Wisconsin will lead an aggressive push for a comprehensive package of proposals for state funding of civil legal aid. “It’s time for our state to get out of the funding basement and make a serious commitment that all Wisconsinites have access to our legal system.” During the discussion, Board members appeared to agree that the Legislature should provide funding for civil legal aid to help residents directly through legal representation in cases affecting basic human needs, or indirectly through a more functional court system. But until the Legislature steps up, some members felt strongly that lawyers must step in. “Wisconsin’s indigent population is bleeding. They’ve been bleeding for a long time,” said Dist. 9 Gov. Sam Wayne, who voiced support for the petition to increase the PILSF fee. “Our legal service organizations are bleeding too. I want the Legislature to fund this at levels we’ve never seen before. We can’t make them do that. But we can lead. We can lead with our money and our example. I don’t think it’s responsible to shoot down funding that will do so much good because 1,900 people said they don’t want to pay another $50.” Dist. 2 Gov. Lisa Lawless reiterated her concern and view that the PILSF fee is a tax, and taxing lawyers alone could be considered unconstitutional. Others felt Billings’ recommendation was a good compromise to address a clear divide on Petition 24-05. “I share Sam’s sentiment, but I disagree with the approach,” said Dist. 2 Gov. Jesse Blocher. “I strongly support President Billings’ approach to addressing the issue. “It’s not our role to take the side that lawyers need to contribute additional funds. I think that should be optional … especially based on what the survey said.” Dist. 9 Gov. Elizabeth Fernandez, liaison to the State Bar’s Civil Rights and Liberties Section, said the section board supported Petition 25-05. “I agree that it’s the Legislature’s job to fund this and I wish they would too,” Fernandez said. “But I think we as a profession have the ability to be better than our Legislature.” The State Bar Board of Governors discussed the petition at its Dec. 6, 2024, meeting at the State Bar Center in Madison. Young Lawyer Division (YLD) RepresentativeTiffany Woelfel reported that the YLD board split when it took a vote on whether to support or oppose Petition 25-05, but YLD members at-large overwhelmingly opposed mainly because of the law school debt they are facing. She said the YLD board supports a lobbying campaign to increase state funding for civil legal aid and encourages courts to look internally to help increase access to justice through policies such as remote and/or telephonic hearings to remove barriers. Senior Lawyers Division Representative (SLD) Randall Nash said the SLD board concluded the Board of Governors should not take a position on Petition 25-05 since it is not a State Bar-led petition and could be a distraction from pending State Bar petitions. Dist. 14 Gov. Rachel Maes, liaison to the Administrative and Local Government Section, said the section board unanimously opposes Petition 25-05. “They concluded that this must be a legislative solution,” Maes said. “The path that President Billings presents is a good middle ground.” Billings said he will present the survey results to the Wisconsin Supreme Court and reiterated that the State Bar will press the legislature to fund civil legal aid in 2025. “I am so glad the [State] Bar is going to be pushing hard to lobby our Legislature to provide proper funding, because that’s the only way we can fill that hole,” Billings said. “This petition would certainly make an impact, but it would not get us past that finish line. We absolutely need more civil legal aid funding. It’s a societal imperative.”

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