Aug. 25, 2009 – The Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing approved the Impartial Justice Bill – SenateBill 40 – on a 3-2 party-line vote last week, moving the bill closer to a floor vote in that house.
The Impartial Justice Bill would greatly increase public financing for Wisconsin Supreme Court campaigns. The State Bar of Wisconsin has long-supported the bill, which was authored by Senator Pat Kreitlow and Representative Gordon Hintz. Past President Thomas Basting testified in support of the bill on behalf of the State Bar at a joint Senate/Assembly public hearing on May 27. The Assembly Committee on Elections and Campaign Reform approved the Assembly version of the bill in June.
In addition to approving the Impartial Justice Bill, the committee approved on a 4-1 bipartisan vote another bill supported by the State Bar of Wisconsin, Senate Bill 160, which increases the homestead exemption from $40,000 to $75,000. The State Bar’s Board of Governors has endorsed for several years legislation to increase the exemption, which was introduced this session by Senator Lena Taylor and Representative Gary Hebl.
The committee also held a public hearing on two other State Bar-supported bills as well as a bill supported by the State Bar’s Litigation Section. State Bar President Douglas W. Kammer testified for the State Bar in favor of Senate Bill 127 and Senate Bill 203. (View Senate Bill 127 testimony and Senate Bill 203 testimony.)
Senate Bill 127, introduced by Senator Fred Risser and Representative David Cullen, would remove the requirement that a person injured by medical malpractice involving a state officer, employee, or agent serve notice of claim with the Attorney General within 180 days of the injury. The bill would effectively apply the same 3-year statute of limitations for medical malpractice cases currently in place for privately run health systems to state officers and other governmental bodies.
Senate Bill 203, referred to as the Family Justice Bill, would permit a parent to recover for the loss of society and companionship of an adult child whose injuries are the result of medical malpractice. Current law does not allow a parent to recover for loss of society and companionship if the parent’s adult child dies as the result of medical malpractice. Similarly, an adult child cannot recover for loss of society and companionship if the adult child’s parent dies as the result of medical malpractice. Under SB 203, both the parent and the adult child would be allowed to recover in these situations. The bill was introduced this year by Senator Jeffrey Plale and Representative Jon Richards.
The committee also heard public testimony on Senate Bill 182, which is supported by the State Bar’s Litigation Section. The bill, introduced by Senator Jim Sullivan and Representative Kelda Helen Roys, would increase the statute of limitations for bringing an action for an intentional tort from the current two years to three years. The bill would conform the statute of limitations for intentional torts to that for negligent torts, which is three years.
Now that the Impartial Justice Bill has been approved by committees in both houses of the Legislature, the bill is likely to see a floor vote in either house sometime during the upcoming Fall floor period. Several years ago, the State Bar’s Board of Governors addressed the issue of public financing for supreme court campaigns and concluded that such a reform would “help maintain the integrity and independence of Wisconsin’s courts, where even the perception of bias destroys public trust and confidence in the justice system.”
In December 2007, all seven members of the Wisconsin Supreme Court wrote a letter to Governor Doyle and all legislators expressing their support for “realistic, meaningful public financing for supreme court elections to facilitate and protect the judicial function.” While the court made it clear it was not endorsing any particular bill, the justices stated “The risk inherent in any non-publicly funded judicial election for this court is that the public may inaccurately perceive a justice as beholden to individuals or groups that contribute to his or her campaign. Judges must not only be fair, neutral, impartial and non-partisan but also should be so perceived by the public.”
Continue to monitor WisBar.org and visit the State Bar’s Government Relations page for updated information on this legislation.
Adam Korbitz is the Government Relations coordinator for the State Bar of Wisconsin.
Related articles:
Assembly committee approves Impartial Justice Bill, increasing public financing of supreme court campaigns – June 25, 2009
U.S. Supreme Court Issues Massey v. Caperton Ruling– June 9, 2009
State Bar testifies in support of the Impartial Justice Bill – May 28, 2009
Statement of State Bar President Diane Diel in Support of Senate Bill 40, the "Impartial Justice Bill" – February 10, 2009
Rotunda Report is a new newsletter, issued once every two weeks, from the State Bar of Wisconsin that highlights legislative, judicial and administrative developments that impact the legal profession and the justice system. It is produced by the Bar’s Government Relations Team and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our Web site for the most current information about justice-related issues.
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