Aug 1, 2016

Dane County Assembly Candidate Misrepresented Status as Attorney

James Anderson as described in State Bar of Wisconsin;
an inactive status means Anderson may not practice law
in Wisconsin (State Bar of Wisconsin)
"No individual other than an enrolled active member of the state bar may practice law in this state or in any manner purported to be authorized or qualified to practice law."
- Wisconsin Supreme Court rule, SCR CHAPTER 10 REGULATION OF THE STATE BAR ... SCR 10.03  Membership

Updated - Jimmy Anderson cannot practice law in Wisconsin. But the state assembly candidate points to his status as an "attorney" and a "lawyer" as qualifications for elected public office.

Jimmy Anderson misrepresented his professional status as an attorney, show statements Anderson made in a candidate questionnaire, and a video forum.

One of three candidates for an open seat in Dane County's 47th assembly district election, (Fall 2016 Wisconsin Partisan Primary), Anderson said in part, "As the only lawyer in the field, I have a unique understanding of our legal system. I’m extremely confident in my ability to guide good policy from idea to law," in a candidate questionnaire on the online League of Women Voters of Dane County, Inc., conducted by email and published July 13.

In a different question-and-answer candidate video by the League of Women Voters of Wisconsin, a video of Jimmy Anderson shows Anderson explaining his qualifications for state assembly and why he is running. The exchange is moderated by Jim Cain, and was conducted on July 22, co-produced by the League of Women Voters of Dane County, Inc. and the City of Madison.

Jim Cain asks, "What is your professional, educational and civic background, that qualifies you for the state assembly and why are you running?" Anderson says in part, "I believe I am the only attorney that's currently running for the position in this district."

Anderson's status as an inactive attorney indicated at the State Bar of Wisconsin's website is confirmed by an August 1, 2016 email to Mal Contends from the State Bar of Wisconsin that reads in part, "Atty. James P. Anderson was admitted to the State Bar of Wisconsin on 1/31/2013. He maintained an Active license until voluntarily changing his status to Inactive on 5/23/2014."

An inactive status means Anderson is unlicensed to practice law in Wisconsin, according to Wisconsin Supreme Court rules governing the practice of law in Wisconsin.

Reads Wisconsin Supreme Court rule, SCR CHAPTER 10 REGULATION OF THE STATE BAR ... SCR 10.03  Membership (3)  Classes of membership: "(a) The members of the state bar are divided into 4 classes: active members, judicial members, inactive members and emeritus members.  ... The class of inactive members includes those persons who are eligible for active membership but are not engaged in the practice of law in this state and have filed with the secretary of the association written notice requesting enrollment in the class of inactive members.

b)Any inactive member in good standing and any judicial member who is no longer serving in a judicial office may change his or her classification to that of an active member by filing with the secretary a written request for transfer to the class of active members and by paying the dues required of active members.  No inactive member who has not actively practiced law in this state or in another state during the last 10 years may be transferred to active membership until the transfer is approved by the supreme court except a judicial member who is no longer serving in a judicial office shall be classified as an active member upon his or her written request.

(c) No judicial or inactive member may practice law in this state or hold office or vote in any election conducted by the state bar.  No person engaged in the practice of law in this state in his or her own behalf or as an assistant or employee of an active member of the state bar, or occupying a position, the duties of which require the giving of legal advice or service in this state, may be enrolled as an inactive member.

(4)  (a)  No individual other than an enrolled active member of the state bar may practice law in this state or in any manner purported to be authorized or qualified to practice law. ...

2 comments:

  1. Your entire article circles around the issue of whether or not he's an attorney. Judging by what you wrote, you really have it out for this guy.
    You also posted that he was a member of the state bar until 2014, when he voluntarily left.
    I ask you this.
    If a union plumber stops paying his dues and leaves the union, is he no longer a plumber?
    Your entire argument against him is based on the semantics of whether or not he's an attorney.
    I don't know much about Mr. Anderson, but as soon as I'm finished here, I will be looking for more information on his political positions. Maybe you should do the same.

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    Replies
    1. You are a supporter of Jimmy Anderson's, taking up the line of argument presented in social media. That's fine.
      I notice you do not take issue with the State Bar of Wisconsin and the SCRs cited.
      Do I have it "out for this guy"? I don't support his candidacy certainly.
      Your analogy to a union with a state agency charged with regulating attorneys is inept.
      With respect to his practicing as an attorney, if he were to try practicing law he would face sanctions. You simply cannot practice law without a license, and any attempt to represent yourself as a licensed attorney or lawyer is to act in contempt of the proper state authorities governing law in Wisconsin. This prohibition against practicing law without a license is not semantics.
      Generally, I do not support Jimmy Anderson's candidacy for the primary reasons already published:
      A compelling life story is not sufficient to merit an endorsement from this site.

      Anderson has scant public policy experience, no history of effective progressive advocacy, and has never held elected office in Wisconsin. But he does have $10,000, $50,000, $25,000, $2,000, and $500 donations to his Wisconsin assembly primary campaign.

      Who wants this guy in office? Jimmy Anderson does, and the above donations are Anderson's personal loans to his campaign comprising over $87,000, according to Anderson's Campaign Finance Report.

      A newcomer to district 47, Anderson moved into the district from the neighboring assembly district, the result of an apparent assembly seat-shopping excursion.

      Anderson was reportedly urged by local activists to wait or get experience before running for assembly district 47. Anderson ignored the advice and instead loaned his campaign the large infusions in an effort to win the seat this August 9.

      Anderson has missed numerous important votes as a citizen, including statewide Supreme Court races and a statewide race for Superintendent of Public Instruction, according to data obtained from the Wisconsin Elections Commission site, comparing Anderson's voting activity, (BD - 08-26-1986), with elections held the past four years.

      Jimmy Anderson's candidacy appears more for the benefit of Anderson, and less for the residents of the 47th assembly district.

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