DNE
(See PDF for image) STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
J.B. VAN HOLLEN
ATTORNEY GENERAL
Raymond P. Taffora
Deputy Attorney General
114 East, State Capitol
P.O. Box 7857
Madison, WI 53707-7857
608/266-1221
TTY 1-800-947-3529
July 13, 2009 OAG—3—09
Ms. Susan Churchill
Deputy Secretary
Office of the Secretary of State
30 West Mifflin Street, 10th Floor
Madison, WI 53703
Dear Ms. Churchill:
¶ 1.
You have requested my opinion on three questions related to section 137.01(2) of the Wisconsin Statutes, concerning notary public commissions issued to attorneys licensed to practice law in Wisconsin.¶ 2.
In general, any United States resident licensed to practice law in Wisconsin may obtain a permanent commission as a notary public pursuant to section 137.01(2)(a). If an attorney has had his or her license to practice law in Wisconsin suspended or revoked, however, upon reinstatement of his or her license the attorney may obtain a 4-year commission as a notary public and may be reappointed thereafter for 4-year increments. Sec. 137.01(2)(am), Wis. Stats.¶ 3.
As you note, section 137.01(2)(c) provides that “[t]he supreme court shall file with the secretary of state notice of the surrender, suspension or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public[]” and that such notice is deemed to constitute revocation of the attorney’s notary public commission. You indicate that the Office of Lawyer Regulation (“OLR”), acting as an agent of the supreme court, regularly sends your office notice of attorney licenses suspended or revoked for disciplinary reasons. You further indicate that these notices are checked against your office’s database of permanent notaries public and that permanent notary commissions held by the disciplined attorneys are revoked.¶ 4.
You also indicate that you learned recently of other routine “law license suspensions” which previously have not been reported to your office:1.
Suspensions issued by the Board of Bar Examiners (BBE) for attorney failure to comply with CLE reporting and attendance requirements. This is an administrative suspension and can be imposed by BBE without additional action by the court itself. There are 200-300 of these suspensions per year; perhaps 25% - 40% of these will eventually reinstate. BBE generates a notice of these suspensions once a year, usually in late May.2.
Suspensions issued by the State Bar of Wisconsin for attorney failure to pay dues or to provide attorney trust account information. This is an administrative suspension that does not require action by the court. There are approximately 300 of these suspensions per year; about 75% usually reinstate. The state bar generates a notice of these suspensions once a year in late October.QUESTIONS PRESENTED AND BRIEF ANSWERS
¶ 5.
As you review how this recent information about additional types of attorney license suspensions and revocations affects your office’s administration of the section 137.01 notary public provisions, you have asked my opinion on three related legal questions. Those questions, and my brief answers, are as follows:3.
What is the legal definition of “suspended or revoked” as relates to a law license according to Wis. Stat. s. 137.01? Are all attorney suspensions (including those described in items # 1 and 2 above) included in that definition with the result that those attorneys would therefore be ineligible for a permanent notary commission (but potentially eligible for a 4-year notary commission)?Brief Answer: The plain language of sections 137.01(2)(am) and (c) does not distinguish among the various types of attorney license suspensions and revocations. The phrase “suspended or revoked,” as used in section 137.01(2)(am) therefore includes all suspensions and revocations of licenses to practice law in Wisconsin. Similarly, the phrase “suspension or revocation” in related section 137.01(2)(c) includes all suspensions and revocations of licenses to practice law in Wisconsin.
4.
Would this apply both to attorneys (with law license suspensions) applying for the first time for a notary commission and as well as to those who have existing permanent notary commission[s]?Brief Answer: Yes. An attorney applying for the first time for a notary public commission may be appointed to a 4-year commission if that attorney’s license to practice law in Wisconsin has been reinstated after previous suspension or revocation of that license. An attorney who previously held a permanent notary public commission that had been deemed revoked by notice filed with your office by the supreme court that the attorney’s license to practice law in Wisconsin had been suspended or revoked may be appointed to a 4-year notary public commission upon reinstatement of that attorney’s Wisconsin law license. And, by operation of statute, the existing permanent notary public commission of an attorney is deemed revoked by notice filed with your office by the supreme court that the attorney’s license to practice law in Wisconsin has been suspended or revoked.
5.
If the answer to [1] above is yes, what would be the effective date for commission revocation (given that the Office of the Secretary of State only just recently learned of these suspensions). In other words, would attorneys with permanent notary commissions who had been suspended in the past (and reinstated or not) have their permanent commissions revoked retroactively?Brief Answer: An attorney’s permanent notary public commission is revoked only upon filing of notice with your office by the supreme court pursuant to section 137.01(2)(c). Therefore, the date that notice is filed with your office by the supreme court pursuant to section 137.01(2)(c) that an attorney’s Wisconsin law license has been suspended or revoked is the date that the attorney’s permanent notary public commission is deemed revoked by operation of statute. If notice now is filed with your office that an attorney’s Wisconsin law license had been suspended or revoked at some time in the past, that attorney’s permanent notary commission is deemed revoked as of the date when the notice is filed with your office—not retroactively as of the date that the attorney’s Wisconsin law license was suspended or revoked. Similarly, because section 137.01(2)(c) provides the only authorized mechanism for revoking permanent notary commissions, your office may not revoke permanent notary commissions upon receipt of information about law license suspensions and revocations received from sources other than notice filed by the supreme court.
ANALYSIS
¶ 6.
All statutory interpretation begins with the language of the statute. State ex rel. Kalal v. Circuit Court, 2004 WI 58, ¶ 45, 271 Wis. 2d 633, 681 N.W.2d 110. My analysis of your first question therefore begins with the language of section 137.01(2)(am), which applies to “a United States resident [who] has his or her license to practice law in this state suspended or revoked.” Upon subsequent reinstatement of their Wisconsin law licenses, these attorneys may obtain renewable 4-year notary public commissions. Sec. 137.01(2)(am), Wis. Stats.
