Petition 24-05: In the matter of Amendment of Supreme Court Rule 13.045
On July 3, 2024, the Wisconsin Access to Justice Commission, the
Wisconsin Equal Justice Fund, Judicare Legal Aid, Legal Action of
Wisconsin, Legal Aid Society of Milwaukee, Disability Rights Wisconsin,
ABC for Health, and Centro Legal (Petitioners), filed the present rule
petition, asking the court to amend Supreme Court Rule 13.045(1) to
increase the annual assessment of attorneys for the Public Interest
Legal Services Fund (PILSF), which supports legal services to people of
limited means in non-criminal matters. The current assessment is $50
annually. The Petitioners request an increase to a $75 annual
assessment, beginning on July 1, 2025, and then to $100, beginning July
1, 2027.
Order Issued: April 24, 2025
Disposition: Adopted
Petition 24-02: In the matter of creating Wis. Stat. § 885.375, relating to Interpreters in Municipal Court Proceedings
On May 20, 2024, Wisconsin Justice Initiative, Inc. (WJI) filed this rule petition asking the court to create Wis. Stat. § 885.375 and amend Wis. Stat. § 885.37 and Supreme Court Rule (SCR) 63.002 to establish a right to a qualified court interpreter for certain individuals in municipal court proceedings with limited English proficiency (LEP), without regard to indigency, at municipal expense. A letter soliciting public comments was sent to interested persons on September 5, 2024. The court received comments from the Wisconsin Municipal Judges Association (including an alternative proposed petition), the American Civil Liberties Union of Wisconsin, the Director of State Courts, Legal Action of Wisconsin, the Wisconsin Hispanic Lawyers Association, the Wisconsin Muslim Civic Alliance, the League of Wisconsin Municipalities, the Consulate of Mexico in Milwaukee, Judicare Legal Aid, and the Wisconsin Access to Justice Commission. WJI filed a response to comments.
Order Issued: January 22, 2025
Disposition: Petition Denied
Petition 24-03: In the matter of amending Chapter 70 Rules of Judicial Administration FILED NOV
On June 19, 2024, The Director of State Courts (the Director) filed this rule petition asking the court to amend, create, and repeal parts of Supreme Court Rule Chapter 70, pertaining to the rules of judicial administration. The requested changes can be grouped into six general categories: (1) membership of the Planning and Policy Advisory Committee (PPAC); (2) translation of court forms; (3) permitting the Director to extend the deadline for circuit court judges to submit a matter for decision under SCR 70.36(1)(a); (4) correcting statutory cross-references and updating the descriptions of the duties of chief judges; (5) formatting corrections; and (6) other miscellaneous changes.
Order Issued: December 26, 2024
Disposition: Petition granted with modifications
Petition 24-01: In the matter of the Amendment of SCR 32.08(2), Reserve Judge Per Diem for Judicial Education
On May 15, 2024, the Association of Reserve Judges (Association), by its Executive Committee, filed a rule petition asking the court to amend Supreme Court Rule 32.08(2) to provide that reserve judges are entitled to a per diem payment (as well as reimbursement of expenses) for attending up to four credits per calendar year of required judicial education seminars.
Order Issued: October 23, 2024
Disposition: Disposition is granted with modifications
Petition 16-05E: In the matter of Creation of a Pilot Project for Dedicated Trial Court Judicial Dockets for Large Claim Business and Commercial Cases
In 2017, this court granted Rule Petition 16-05, filed by the Business Court Advisory Committee ("Committee"), and formally established a three-year pilot project to create dedicated trial court judicial dockets for large claim business and commercial cases in Waukesha County and in the circuit courts of the Eighth Judicial Administrative District ("pilot project" or "commercial court docket"), and adopted associated interim rules. S. Ct. Order 16-05, 2017 WI 33 (issued Apr. 11, 2017; eff. July 1, 2017). The initial pilot project ran from July 2017 to July 2020. Id. Thereafter, the court expanded the pilot project to additional circuit courts and extended the length of the pilot project. See S. Ct. Order 16-05A (Feb. 12, 2020); S. Ct. Order 16-05B (Feb. 20, 2020); and S. Ct. Order 16-05C (Mar. 13, 2020). On February 11, 2022, the Committee filed Rule Petition 16-05D, seeking an amendment to the interim rules to extend the pilot project for an additional two years. On June 29, 2022, this court further extended the duration of the pilot project until July 30, 2024, and amended the interim rules accordingly. S. Ct. Order 16-05D (June 29, 2022).
Order Issued: October 7, 2024
Disposition: Petition Denied
Petition 22-03 In the Matter of the amendment to SCR 72.01(8), 72.01(9), and 72.01(10), relating to retention of records in eviction cases
On March 29, 2022, Legal Action of Wisconsin, by Attorney Korey C. Lundin, filed a rule petition asking the court to amend Supreme Court Rule (SCR) 72.01(8), 72.01(9), and 72.01(10) to shorten the record retention period for eviction cases in which no money judgment is entered to one year.
Order Issued: July 31, 2024
Disposition: Petition granted as modified
Petition 23-01: In the Matter of Amending Wis. Stat. § 809.12, Relating to Appellate Review of Motions for Relief Pending Appeal
On January 23, 2023, Attorney Caleb R. Gerbitz and Attorney James M. Sosnoski filed a rule petition asking the court to amend Wis. Stat. § (Rule) 809.12 to clarify the standard of review for a decision on a motion for stay pending appeal.
Order Issued: July 5, 2024
Disposition: Petition Denied
Petition 23-04: In the Matter of Modification of SCR Chap. 10, Regulation of the State Bar
On June 27, 2023, the State Bar of Wisconsin, by then-president Margaret W. Hickey, filed this rule petition to amend Supreme Court Rule 10.05(1). The State Bar seeks to add a voting representative to its Board of Governors from its Section Leaders Council.
Order Issued: May 2, 2024
Disposition: Petition granted
Petition 23-05: In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat. § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases
In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat. § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases
Order Issued: May 2, 2024
Disposition: Petition granted
Petition 22-01 In the Matter of Diversity, Equity, Inclusion, and Access Training for Continuing Legal Education
On March 22, 2022, the State Bar of Wisconsin, by Cheryl Furstace Daniels, then-President, and on behalf of the State Bar's Board of Governors, filed a rule petition asking the court to amend Supreme Court Rule 31.02(5) & (6) to create a new specialty continuing legal education (CLE) credit that would be called the "Diversity, Equity, Inclusion, and Access" (DEIA) credit. DEIA courses would address “the subject of diversity, equity, inclusion, access, or recognition of bias, which includes topics addressing diversity and inclusion in the legal system of all persons regardless of age, race, ethnicity, religion, national origin, gender, sexual orientation, gender identity, or disabilities and topics designed to educate attorneys on the recognition and reduction of bias.” Under the proposal, lawyers could use DEIA CLE credit-hours to fulfill their 30 hours of required CLE credits under Supreme Court Rule 31.02 (1).
Order Issued: July 13, 2023
Disposition: Petition Denied
Petition 22-02 In the matter of the Amendment of Supreme Court Rule SCR 20:8.4
On March 23, 2022, the State Bar Standing Committee on Professional Ethics ("Committee"), by Distinguished Clinical Professor Emeritus Ben Kempinen, Chair of the Committee, filed a rule petition asking the court to amend Supreme Court Rule ("SCR") 20:8.4(i) and replace the existing language with American Bar Association ("ABA") Model Rule 8.4(g) to state:
Order Issued: July 11, 2023
Disposition: Petition Denied
Petition 23-03: In re Interim Rule Governing Filing in the Wisconsin Supreme Court For Judicial/Attorney Proceedings.
This matter comes before the Wisconsin Supreme Court upon the court's own motion as part of the phased transition to mandatory electronic filing in Wisconsin's appellate courts. This order addresses the requirements for the filing and service of documents in "judicial/attorney proceedings," defined infra, before the Wisconsin
Supreme Court, following the implementation of mandatory eFiling for all other cases, as set forth in S. Ct. Order 19-02C & 20-07C, 2023 WI 10 (issued Feb. 21, 2023, eff. Apr. 1, 2023), and the corresponding Second Amended Revised Interim Rule.
Order Issued: June 12, 2023
Disposition: Modifications to efiling implemented with this order.
Petition 22-05 In the Matter of Amendment of Supreme Court Rules 20:1.15 and 20:1.0, Relating to Electronic Banking
On July 15, 2022, the Office of Lawyer Regulation (OLR), by its Director Timothy Samuelson, and Trust Account Program Administrator Travis J. Stieren, filed a rule petition asking the court to amend Supreme Court Rule (SCR) 20:1.0 and 20:1.15 to permit electronic transactions in lawyer trust accounts. The OLR explains that Wisconsin is the only state that prohibits electronic transactions in lawyer trust accounts. The OLR asserts that the revisions will permit electronic transactions with sufficient procedural safeguards to protect the public.
Order Issued: March 14, 2023
Disposition: Petition granted with modifications
Petition 20-09A In re Amendment of Wis. Stats. §§ 885.50, 885.52, 885.54, 885.56, 885.58, 885.60, Relating to the Use of Videoconferencing Technology
On January 21, 2022, the Honorable John P. Anderson, Chair, Planning and Policy Advisory Committee (PPAC) Videoconferencing Subcommittee (Subcommittee), filed this amended rule petition asking the court to amend Wis. Stat. §§ 885.50, 885.52, 885.54, 885.56, 885.58, 885.60, relating to the Use of Videoconferencing Technology. At a closed administrative conference, the court voted to solicit written comments and to ask the Subcommittee to address the effect, if any, of 2021 Wis. Act 141 on the pending petition. Letters were sent to interested persons and the Subcommittee on March 14, 2022.
Order Issued: February 28, 2023
Disposition: Petition Denied
Petition 23-02: In the matter of the amendment of SCR 22.19 re: appointment of referees in consensual license revocation cases
The Court, on its own motion, has determined that it is appropriate to amend Supreme Court Rule 22.19, which governs petitions for consensual license revocation. The current rule is unclear as to whether a referee must be appointed when an attorney petitions for consensual license revocation in a pending disciplinary proceeding before the court may consider the petition. The following technical amendment to SCR 22.19 is intended to clarify that a referee need not be appointed in a consensual license revocation matter filed after a disciplinary proceeding is commenced, if a referee has not previously been appointed, before the court may consider the petition. Because this is a ministerial, non-substantive amendment, a public hearing is not required. See S. Ct. IOP IV. A. The court, by its Commissioners, has consulted with the Director of the Office of Lawyer Regulation, Timothy Samuelson, who supports this amendment.
Order Issued: February 22, 2023
Disposition: Petition granted with modifications
Petitions 19-02A and 20-07A In re Interim Court Rule Governing Electronic Filing in the Supreme Court
This matter comes before the Wisconsin Supreme Court upon the
court's own motion as part of the phased transition to mandatory
electronic filing in Wisconsin's appellate courts. This order expands
the eFiling pilot project for the Wisconsin Supreme Court and sets forth
a timeline for a phased transition to voluntary and then mandatory
eFiling for most cases and proceedings in the supreme court.
Order Issued: February 21, 2023
Disposition: Petition granted
IN THE MATTER OF THE TEMPORARY AMENDMENT OF SCRs 31.02 AND 31.05 RELATING TO THE CONTINUING LEGAL EDUCATION REQUIREMENTS: ON-DEMAND CLE PROGRAMMING IN RESPONSE TO COVID-19
On November 2, 2022, the Board of Bar Examiners requested an extension of the January 11, 2022 interim order to allow odd-year reporting attorneys (those whose reporting period ends on December 31, 2023) to claim repeated on-demand CLE credits up to 30 hours through January 31, 2024, due to ongoing concerns with in-person gatherings.
Order Issued: December 1, 2022
Disposition: Denied
Petitions 19-02A and 20-07A In re Interim Court Rule Governing Electronic Filing in the Supreme Court
This matter comes before the Wisconsin Supreme Court upon the court's own motion as part of the phased transition to electronic filing in Wisconsin's appellate courts. This order sets forth the requirements applicable to filing documents in the supreme court, beginning July 1, 2021, and continuing until mandatory electronic filing begins in the supreme court.
Order Issued: June 15, 2021
Disposition: Court adopted modified an earlier order related to electronic filing in the Supreme Court.
