Supreme Court Orders
The Wisconsin Supreme Court, after holding public hearings, has
amended SCR 70.40 regarding venue in prisoner cases;
SCR 71.01 regarding required court reporting; and SCR
Chapter 60 regarding the Code of Judicial Conduct.
Venue in Prisoner Cases
In the Matter of the Amendment of Supreme Court Rules: (Proposed)
SCR 70.40 - Venue in Prisoner Cases
Order 96-14
The court held a public hearing April 15, 1997, on the petition of
the Committee of Chief Judges requesting the creation of a rule of court
administration to establish a procedure by which the most appropriate
venue in prisoner conditions of confinement and grievance proceedings
would be determined by the court to which the proceeding is submitted
and if an evidentiary hearing is deemed likely to be required and a
county other than where the proceeding was submitted appears more
convenient for the parties and witnesses at that hearing, the court
where the proceeding was submitted would send the case to the circuit
court in the more convenient county. Pursuant to the proposed procedure,
if the proceeding is sent to the court in another county, that court
would determine the indigency of the prisoner and decide whether it
states a claim upon which the court may grant relief.
The court has considered the petition, the presentation at the public
hearing, and the materials filed with the court thereafter.
IT IS ORDERED that, effective the date of this order, SCR 70.40 is
created to read:
SCR 70.40 Venue in incarcerated person cases.
(1) The clerk of circuit court shall use the incarcerated person case
type designation to identify pleadings and papers submitted by any jail
or prison inmate seeking to commence, prosecute or defend an action or
proceeding under section 814.29(1) of the statutes if the pleadings and
papers submitted appear to deal with the fact, duration or conditions of
imprisonment or with other confinement matters not including criminal
post-judgment issues related to conviction. The incarcerated person case
designation is not intended to replace family, criminal or civil case
type designations when those designations are appropriate.
(2) When pleadings and papers are designated an incarcerated person
case, the court shall determine all of the following, based on the
pleadings and papers submitted, in the following order:
(a) Whether the venue where the pleadings and papers are submitted is
proper.
(b) Whether venue is also proper in another county.
(c) Whether an evidentiary hearing is likely to be needed.
(d) Whether another county where venue is proper is more convenient
for the parties and the witnesses.
(3) If sub. (2) (b), (c) and (d) are all answered in the affirmative,
the court on its own motion shall change venue to the more convenient
county under section 801.52 of the statutes. The clerk of the circuit
court shall forward the case to the clerk of circuit court in the more
convenient county and shall give notice of that action to the parties.
The court to which the case is forwarded shall determine indigency and
whether the case presents a claim upon which the court may grant relief
and shall issue an appropriate order under section 814.29(1) of the
statutes.
(4) If the court to which the case is forwarded under sub. (3)
believes an error has been made in the determination that venue is
proper in that court, the court shall refer the matter to the chief
judge of the district in which that court is located to resolve the
matter.
(5) If the court to which the pleadings and papers are submitted or
the court to which the case is forwarded determines that the case has
merit and states a claim, defense or appeal upon which the court may
grant relief, resolves any issues related to indigency or filing fees
and orders the case commenced under section 814.29(1) of the statutes,
the incarcerated person case shall be assigned a civil case type
designation and number and shall proceed before the assigned judge.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 2nd day of July, 1997.
By the court:
Cornelia G. Clark
Chief Deputy Clerk
Required Court Reporting
In the Matter of the Amendment of Supreme Court Rules: SCR 71.01 -
Required Court
Order 96-17
The court held a public hearing May 6, 1997, on the proposal of the
Committee of Chief Judges to repeal and recreate SCR 71.01 to specify
that all proceedings in the circuit court must be reported except for
proceedings before a court commissioner that may be reviewed de novo,
any matter relating to scheduling, settlement conferences and pretrial
conferences, and matters preceding the filing of a criminal complaint.
The court has considered the presentations at the public hearing and the
materials submitted in response to the proposal.
IT IS ORDERED that, effective Jan. 1, 1998, SCR 71.01 is repealed and
recreated to read:
SCR 71.01 Reporting. (1) "Reporting" means making a
verbatim record.
(2) All proceedings in the circuit court shall be reported, except
for the following:
(a) A proceeding before a court commissioner that may be reviewed de
novo;
(b) Settlement conferences, pretrial con
(c) In a criminal proceeding, a matter preceding the filing of a
criminal complaint.
(3) The director of state courts shall develop guidelines for the use
of alternative means of making a verbatim record and submit them to the
supreme court for adoption as rules of judicial administration under SCR
chapter 70.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 10th day of June, 1997.
By the court:
Marilyn L. Graves, Clerk
Code of Judicial Conduct
In the Matter of the Amendment of the Supreme Court Rules: SCR
Chapter 60 - Code of Judicial Conduct
Order 97-08
By order of March 7, 1997, the court amended the Code of Judicial
Conduct - SCR Chapter 60 - to create the Judicial Conduct Advisory
Committee and appointed that Committee's initial members, specifying
initial terms for each. The court has considered it advisable to
increase the membership of the Judicial Conduct Advisory Committee to
include a court commissioner.
IT IS ORDERED that, effective the date of this order, sec. A(1) of
the Appendix to the Code of Judicial Conduct, SCR Chapter 60, is amended
to read:
(1) Membership. A judicial conduct advisory committee consisting of
eight nine members appointed by the supreme court is created. Six
members of the committee shall be selected from the judiciary of this
state, one member shall be selected from the court commissioners
serving the circuit court, one member shall be selected from
attorneys licensed to practice law in this state, and one member shall
be selected from the public. One judge member shall be a chief judge of
a judicial administrative district, one judge member shall be a judge of
the court of appeals, one judge member shall be a circuit judge on an
urban area court, one judge member shall be a circuit judge on a rural
area court, one judge member shall be a municipal judge, and one judge
member shall be a reserve judge. Members shall serve for a term of three
years and shall continue to serve until a successor is appointed, except
that, to achieve staggered terms, two three of the members first
appointed shall serve for one year, three members for two years, and
three members for three years. A member may serve not more than two
successive three-year terms. Appointments to fill a vacancy shall be for
the balance of the term vacated. Members of the committee shall serve
without compensation but shall be reimbursed for expenses actually and
necessarily incurred in the performance of their duties.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Rules shall be given by a single publication of a copy of this
order in the official state newspaper and in an official publication of
the State Bar of Wisconsin.
Dated at Madison, Wis., this 18th day of June, 1997.
By the court:
Marilyn L. Graves, Clerk
Wisconsin Lawyer