May 18, 2022 – The Wisconsin Supreme Court has approved Rule Petition 21-05, which authorizes the remote administration of oaths during depositions.

The petition would make permanent an emergency rule that was promulgated soon after the outbreak of the pandemic. The State Bar of Wisconsin supported the Wisconsin Association of Justice in implementing the emergency rule.

State Bar President Cheryl Daniels spoke at the public hearing in support of the petition.

Juvenile Shackling Petition

In February, the supreme court held public hearings on Rule Petition 21-04, which would set limits on the shackling of juveniles during courtroom proceedings, and Rule Petition 21-03.

Rule Petition 21-03 would amend the rules regarding the location of court, to allow more flexibility for adjourning a court to an alternative location because of an emergency or for some other compelling reason. The rule would also authorize the use of videoconferencing as an alternative to in-person appearances

The supreme court approved Rule Petition 21-04 on May 2 and approved Rule Petition 21-03 on April 20. 

The supreme court has also approved Rule Petition 21-07, which authorizes the remote administration of lawyer oaths, and Rule Petition 21-08, which allows lawyers to claim CLE credit for pro bone appointments made by trial courts. 

​Pending Rule Petitions

The supreme court has not scheduled public hearings on the following rule petitions:

• Rule Petition 22-03 (filed by Legal Action of Wisconsin) would reduce the retention period for eviction records in cases that result in no money judgment, from 20 years to one year.

• Rule Petition 22-02 (filed by State Bar’s Committee on Professional Ethics) would adopt ABA Model Rule 8.4(g), which added harassment or discrimination on the basis of race, sex, religion and other classes to the definition of “professional misconduct.” In September 2021, the State Bar’s Board of Governors voted to support the petition.

• Rule Petition 22-01 (filed by the State Bar) would authorize granting CLE credit for diversity, equity, inclusion and access programs. At its February 2022 meeting, the Board of Governors voted to support the petition.

• Rule Petition 21-06 (filed by the Court Security Subcommittee of the Planning and Policy Advisory Committee) would update SCR Ch. 68, which relates to courthouse security, staffing, and facilities. At its February 2022 meeting, the Board of Governors unanimously voted to support this petition.
  

• Rule Petition 20-09A (filed by the supreme court’s PPAC Subcommittee on Videoconferencing) would amend supreme court rules on videoconferencing to take into account advances in technology made since 2008, when the rules were promulgated.

• Rule Petition 16-05 would extend the business court pilot project approved by the supreme court in 2016. The Business Court Advisory Committee has requested that the project be extended.