Jensen v. Wisconsin Patients Compensation Fund, 241 Wis. 2d 142

Summary

The Wisconsin Supreme Court held that an attorney admitted pro hac vice must receive notice and some meaningful opportunity to respond before that status is revoked under Wisconsin Supreme Court Rule 10.03(4). The court reversed the circuit court's sua sponte revocation of the attorney's admission, which had occurred without notice or a hearing, and remanded for further proceedings.

Holdings

1. As a matter of judicial policy and sound judicial administration, an attorney admitted pro hac vice must receive some form of notice and a meaningful opportunity to respond before the circuit court withdraws that status under SCR 10.03(4). The notice must identify the conduct at issue and the specific reason that conduct may justify revocation, while the form and scope of the notice and response remain within the circuit court's discretion.
2. The circuit court's consideration of the mistrial motion did not satisfy the required notice and opportunity to respond because revocation of pro hac vice status was never identified as a possible sanction and the revocation order was entered five days later without any formal or informal notice.

Questions Presented

1. Whether an attorney admitted pro hac vice must receive notice and an opportunity to respond before the circuit court revokes that admission under SCR 10.03(4).

Disposition

reversed_and_remanded