Doyle staff knew adviser had no license

WLUK-TV, Green Bay, WI

MADISON (AP) - Gov. Jim Doyle's chief of staff knew the person hired to be the governor's chief legal counsel had not taken the Wisconsin bar exam, according to e-mails released Tuesday under the state open records law.

Chandra Miller Fienen was given the title of chief legal counsel when hired in last year even though she had not taken the state exam, e-mails provided to The Associated Press showed.

Miller Fienen resigned abruptly on Friday amid questions over whether she was a licensed attorney. Doyle's spokesman Lee Sensenbrenner said she passed the Wisconsin bar exam after being hired, but for an unknown reason did not get licensed as an attorney.

Miller Fienen did not immediately return a message left Tuesday at her home.

The state Republican Party filed a complaint last week with the Office of Lawyer Regulation alleged Miller Fienen violated the rules of professional conduct for attorneys. The complaint cited a rule barring people from describing themselves as an "attorney" or "counselor" if they do not have licenses.

Sensenbrenner said last week - after Miller Fienen resigned - that the governor's office knew she had practiced law in California and hired her with the understanding that she would pass the bar exam and get licensed.

The e-mails bear that out.

An e-mail from Doyle's chief of staff Susan Goodwin to Miller Fienen on June 29, 2008, mentions that the two needed to discuss "taking the bar." Goodwin wrote that "I don't see any problems and we will employ you full-time even though I know you need some time off to study for the bar."

Before the governor's office hired her, Miller Fienen worked as an executive assistant with the Wisconsin Department of Commerce. An April 2007 Commerce newsletter announcing her hiring said she returned to Madison on July 1, 2006, from California and "planned to take the Wisconsin bar and return to practicing law."

Neither the Wisconsin Bar Association nor the Board of Bar Examiners will release the names of people who have taken the bar exam.

Records with the State Bar of California show Miller Fienen was admitted to practice there in 2003 but has been suspended since last year for not renewing her license.

The e-mails released Tuesday also show that the governor's staff debated what Miller Fienen's title should be. Goodwin wrote the governor's administrative operations director on July 1, 2008, saying Miller Fienen would "serve as legal counsel but will also be performing high level policy work."

When asked if her title should be something other than chief legal counsel, Goodwin wrote that Miller Fienen's title should be "Chief Legal Counsel/Senior Advisor." She was paid $99,000 a year.

Other records released to AP show Miller Fienen signed cover letters using a variety of titles during her 13 months on the job including "chief legal counsel," "records custodian" and "senior advisor."

Sensenbrenner said the governor's office is reviewing all of Miller Fienen's actions during her time in the office but it was very unlikely she took any action that was inappropriate.

Mark Jefferson, the state Republican Party's executive director, said the new documents show wrongdoing on the part of the governor's staff by deciding to call her chief legal counsel even though she wasn't a licensed attorney.

"I don't think it ends here," Jefferson said.

Dane County District Attorney Brian Blanchard said Tuesday he would not pursue criminal charges against Miller Fienen because he didn't see evidence of criminal intent and the OLR complaint was pending.