Supreme Court Orders
The Wisconsin Supreme Court sets a public hearing
for Jan. 16 to consider amending the rules of civil procedure regarding
filing papers by fax transmission, the rules of appellate procedure
regarding the right to substitute judges on remand, and Supreme Court
Rules regarding State Bar governance and annual meetings. The court also
amended the Judicial Conference membership rule and the rules of the
Judicial Conduct Advisory Committee to include reserve judges. The court
also closes the proceedings regarding the admissibility of material
relied upon by expert witnesses, appellate petition for review, and
whether to create a body to determine discipline and disability of a
supreme court justice. Lastly, the court has amended SCR Chapters 21 and
22 regarding the enforcement and procedures for lawyer regulation in
Wisconsin, and SCR Chapter 12 – Clients' Security Fund reflecting
changes to SCRs 21 and 22.
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Admissibility of Material Relied Upon by Expert
Witness
In the Matter of the Amendment of the Rules of Evidence: Wis.
Stat. § (Rule) 907.03(2), Admissibility of Material Relied Upon by
Expert Witness
Order
On Oct. 8, 1991, the court held a public hearing on the petition
filed May 22, 1991, by the Judicial Council of Wisconsin seeking the
amendment of Wis. Stat. § (Rule) 907.03, to permit facts or data
underlying the opinion or inference of an expert witness that are
otherwise inadmissible in evidence but of a type reasonably relied upon
by such experts to be disclosed to a jury, upon permission of the judge,
for the limited purpose of establishing the basis of the expert's
opinion or inference. On Feb. 19, 1992, this matter was remanded to the
Judicial Council for further consideration and, if it deems appropriate,
resubmission to the court. The court, having received no additional
submissions from the Judicial Council of Wisconsin, determines that no
further action in this matter need be taken at this time.
IT IS ORDERED that no further action shall be taken in this matter at
this time and the proceeding is closed.
IT IS FURTHER ORDERED that notice of the court's action in this
proceeding 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 25th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Petition for Appellate Review
In the Matter of the Amendment of the Rules of Appellate
Procedure: Wis. Stat. § (Rule) 809.62, Petition for
Review
Order 93-17
On Nov. 16, 1993, the court held a public hearing on the advisability
of amending the rules of appellate procedure to require all parties in a
petition for review filed in the supreme court to identify issues
presented to the court in the requested review proceeding, including
issues raised in the court of appeals but not decided by that court. The
proposed amendment would require that a response to a petition for
review contain a statement of issues the respondent wants considered in
the review other than the issues identified by the petitioner and would
prohibit all parties from raising or arguing an issue not set forth in
the petition for review or the response, unless the court orders
otherwise. The court has considered the appearances at that hearing and
materials submitted in response to the notice of hearing and has
determined that no further action in this matter need be taken at this
time.
IT IS ORDERED that no further action shall be taken in this matter at
this time and the proceeding is closed.
IT IS FURTHER ORDERED that notice of the court's action in this
proceeding 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 25th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Body to Determine Discipline and Disability of Supreme Court
Justice
In the Matter of the Amendment of the Creation of a Body to
Determine Discipline and Disability of a Supreme Court
Justice
Order 00-04
The court held a public hearing Sept. 20, 2000, on the advisability
of establishing by court rule a body to perform the court's statutory
duty to review findings of fact, conclusions of law, and recommendations
of a judicial conduct or permanent disability panel and to determine
appropriate discipline in cases of misconduct and appropriate action in
cases of permanent disability under Wis. Stat. § 757.89 when the
judge against whom allegations of misconduct or disability are filed is
a justice of the Supreme Court. The court has considered the material
filed in response to the notice of public hearing.
IT IS ORDERED that no further action shall be taken in this matter at
this time and that this proceeding is closed.
IT IS FURTHER ORDERED that notice of the court's action in this
matter 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 25th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Filing Papers by Fax
In the Matter of the Amendment of the Rules of Civil
Procedure: Wis. Stat. § 801.16(2) - Filing of Papers by Facsimile
Transmission
Order 00-09
On Aug. 31, 2000, the director of state courts, on the recommendation
of the Committee of Chief Judges and District Court Administrators,
filed a petition requesting the amendment of Wis. Stat. § 801.16(2)
to limit to 15 pages the length of papers and documents filed by
facsimile transmission, unless an exception is granted, and to clarify
which papers filed by facsimile transmission constitute the official
court record.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd.,
Madison, Wis., on Jan. 16, 2001, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the date of the hearing.
Dated at Madison, Wis., this 26th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Petition
The Director of State Courts, on the recommendation of the Committee
of Chief Judges and District Court Administrators, hereby petitions the
court to amend Wis. Stat. § 801.16(2), governing the filing of
pleadings and other papers by facsimile transmission, pursuant to the
court's rulemaking authority under § 751.12.
These changes are designed to limit the length of most faxed filings,
allow exceptions to be approved by the judicial officer responsible for
the case, and clarify which copy is the official court record. No
changes are proposed in response to State v. Sorenson, 2000 WI 43 (May
26, 2000).
The committee requests that § 801.16(2) be amended to read as
follows:
§ 801.16. Filing.
(2). For papers that do not require a filing fee:
(a) A court may adopt a local rule, if it is approved by the chief
judge, that requires the use of a plain-paper facsimile machine and
permits the filing of those papers by facsimile transmission to the
clerk of circuit court at a telephone number designated by the court.
No document may exceed 15 pages in length unless an exception is
approved by the assigned judge or court commissioner on a case-by-case
basis.
(b) If no rule has been adopted under par. (a), a an assigned judge
or court commissioner may permit a party or attorney in a specific
matter to file those papers with the clerk of circuit court by facsimile
transmission to a plain-paper facsimile machine only if there is
compliance with par. (a).
(c) The party or attorney, by filing papers by facsimile
transmission, certifies that permission of the assigned judge or
court commissioner for filing by facsimile transmission has been
granted. If the court permits transmission of papers to a non-court
agency, party or company for the receipt, transmittal and delivery to
the court, the court shall accept the papers for filing only if there is
compliance with par. (a). Facsimile papers, upon receipt by the court,
are considered filed and are the official record of the court and may
not be substituted. No additional copies may be sent. The clerk of
circuit court shall discard any duplicate papers subsequently received
by the court. Papers filed by facsimile transmission are
considered filed when transmitted except that papers filed by
facsimile transmission completed after regular business hours of the
clerk of circuit court's office are considered filed the next business
day.
Respectfully submitted this 31st day of Aug., 2000.
J. Denis Moran, Director of State Courts
Right of Substitution of Judge on Remand
In the Matter of the Amendment of the Rules of Civil
Procedure and the Rules of Appellate Procedure: Wis. Stat. §§
801.58(7) and 808.08; Internal Operating Procedures of the Supreme Court
and the Court of Appeals - Right of Substitution of Judge on
Remand
Order 00-10
On Aug. 31, 2000, the director of state courts, on the recommendation
of the Committee of Chief Judges and District Court Administrators,
filed a petition seeking the amendment of Wis. Stat. §§
801.58(7) and 808.08 and of the Internal Operating Procedures of the
Supreme Court and of the Court of Appeals to require an appellate court
remanding a case to a lower court to state whether the parties have a
right to request a substitution of judge.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd.,
Madison, Wis., on Jan. 16, 2001, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by
publication of a copy of this order and of the petition in the official
state newspaper once each week for three consecutive weeks and in an
official publication of the State Bar of Wisconsin not more than 60 days
nor less than 30 days before the hearing.
Dated at Madison, Wis., this 26th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Petition
The Director of State Courts, on the recommendation of the Committee
of Chief Judges and District Court Administrators, hereby petitions the
court to amend Wis. Stat. § 808.08 and § 801.58(7), pursuant
to the court's authority under § 751.12, and the internal operating
procedures of the Wisconsin Supreme Court and Court of Appeals.
These amendments would direct the appellate courts in remanding a
case to state whether the parties have a right to request a substitution
of judge under the provisions of § 808.08, § 801.58(7), and
case law interpreting those sections. See State ex. Rel J.H. Findorff v.
Milwaukee County, 2000 WI 30, 233 Wis. 2d 428 (April 6, 2000), at ¶
20 n.9, and concurring opinions at ¶ 38, ¶ 47, and ¶
65.
The committee requests that § 801.58(7) be amended as
follows:
§ 801.58 Substitution of judge.
(7) If upon an appeal from a judgment or order or upon a writ of
error the appellate court orders a new trial or reverses or modifies the
judgment or order as to any or all of the parties in a manner such that
further proceedings in the trial court are necessary, any party may file
a request under sub. (1) within 20 days after the filing of the
remittitur in the trial court whether or not another request was filed
prior to the time the appeal or writ of error was taken. The
appellate court shall determine whether the actions required of the
trial court on remand constitute "further proceedings" within the
meaning of § 808.08(3) and this section, and shall state whether
the parties are entitled to request a substitution of judge on
remand.
The committee requests that § 808.08 be amended to read as
follows:
§ 808.08 Further proceedings in trial
court.
When the record and remittitur are received in the trial court:
(1) If the trial judge is ordered to take specific action, the judge
shall do so as soon as possible.
(2) If a new trial is ordered, the trial court, upon receipt of the
remitted record, shall place the matter on the trial calendar.
(3) If action or proceedings other than those mentioned in sub. (1)
or (2) is ordered, any party may, within one year after receipt of the
remitted record by the clerk of the trial court, make appropriate motion
for further proceedings. If further proceedings are not so initiated,
the action shall be dismissed except that an extension of the one-year
period may be granted, on notice, by the trial court, if the order for
extension is entered during the one-year period.
(4) The appellate court shall determine whether the actions
required of the trial court on remand constitute "further proceedings"
within the meaning of sub. (3) and § 801.58(7), and shall state
whether the parties are entitled to request a substitution of judge on
remand.
The committee requests that Wisconsin Supreme Court Internal
Operating Procedures, § II.L be amended to create a new §
5:
II.L. Decisional Process. Miscellaneous.
5. Substitution on Remand. When a case is remanded, the Supreme Court
shall determine whether the actions required of the trial court on
remand constitute "further proceedings" within the meaning of §
808.08(3) and § 801.58(7), and shall state whether the parties are
entitled to request a substitution of judge on remand.
The committee requests that Wisconsin Court of Appeals Internal
Operating Procedures, § VI(5) be amended to create a new §
(k):
VI(5). Decisional Process. Opinions.
(j) A decision other than affirmance, or reversal with directions to
render judgment for the appellant, states what court of action is to be
followed in the court below and the rules to be applied therein so far
as they are within the issues decided.
(k) When a case is remanded, the Court of Appeals shall determine
whether the actions required of the trial court on remand constitute
"further proceedings" within the meaning of § 808.08(3) and §
801.58(7), and shall state whether the parties are entitled to request a
substitution of judge on remand.
Respectfully submitted this 31st day of Aug., 2000.
J. Denis Moran, Director of State Courts
State Bar Governance, Annual Meetings
In the Matter of the Amendment of the Supreme Court Rules:
SCR 10.06, 10.07 and 10.08 - Composition and Quorum of State Bar Board
of Governors Executive Committee; Annual Meetings of the State
Bar
Order 00-11
On Sept. 13, 2000, the Board of Governors of the State Bar of
Wisconsin filed a petition requesting the amendment of the Supreme Court
Rules to increase the membership of the State Bar Board of Governors
executive committee by including a representative from the Nonresident
Lawyers Division, one representative from the Government Lawyers
Division, one representative from the Young Lawyers Division, and two
additional members elected by the Board of Governors. The petition also
requested the amendment of SCR 10.06(3) to increase from three to five
the number of members required to demand a meeting of the executive
committee, to specify that a majority of members present constitutes a
quorum of the executive committee, and to provide that participation at
a meeting of the executive committee may be by telefacsimile or email.
The petition requested further that SCR 10.08 be amended to provide that
the assembly of members may be held only at an annual meeting.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Hearing Room, 119 Martin Luther King Jr. Blvd.,
Madison, Wis., on Jan. 16, 2001, at 9:30 a.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petition in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the
hearing.
Dated at Madison, Wis., this 26th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Petition
To the Justices of the Wisconsin Supreme Court:
The Board of Governors of the State Bar of Wisconsin ("Board of
Governors") respectfully submits this petition as follows:
That the provision of the Supreme Court Rules relating to members of
the executive committee, specifically SCR 10.06(1) and (3) be amended as
follows:
SCR 10.06 Executive Committee
(1) Members; Selection. The executive committee consists of the
president, the president-elect, the immediate past-president, the
chairperson of the board of governors, one representative each from
the Non-Resident Lawyers, Government Lawyers, and Young Lawyers
Divisions selected from their Board of Governors representatives and
4 6 additional members elected annually by the board of governors
at its June final meeting of the fiscal year. The 4
6 additional members shall be elected from among the governors
elect and the current governors who will serve on the board of governors
during the following fiscal year. A vacancy occurring in the selected
membership may be filled by action of the board of governors.
(3) Meeting; Quorum. The executive committee shall meet at the call
of the president, or at the call of the executive director upon the
written demand of at least 3 5 of its members. All members shall be
given at least 48 hours notice by mail or telephone of the time and
place of any meeting. Five A majority of the members
present at a meeting constitutes a quorum. No action may be taken by the
committee except upon the concurrence of at least 5 a majority
of all members. The concurrence may be registered by mail,
or telephone, telefacsimile or email.
That the provision of the Supreme Court Rules relating to meetings of
the association, specifically SCR 10.07(2) be amended as follows:
SCR 10.07 Meetings of the Association
(2) Assembly of Members. An assembly of the members of the state bar
may be held at each annual and midwinter meeting for the purpose
of discussing any issues of association public policy.
That the provision of the Supreme Court Rules relating to referendum
procedure, specifically SCR 10.08(6) be amended as follows:
SCR 10.08 Referendum Procedure
(6) Procedure for Filing Petition. The petition must be complete when
filed with the state bar headquarters. Upon filing, the petition will be
examined by the state bar executive director or his or her
designee in order to determine the following: (a) whether the question
is properly the subject of a referendum; (b) whether the signatures are
of members of the state bar eligible to vote; (c) whether the signatures
satisfy the geographic distribution and time requirements set forth in
sub. (5)(f) and (g); (d) whether the petition is otherwise in order as
required by these rules. The ruling of the executive director shall be
communicated to the person designated in the petition as soon as
practicable and within two weeks of the date the petition is filed.
The undersigned respectfully submits this petition on behalf of the
Board of Governors and prays for an Order accordingly this 12th day of
Sept., 2000.
Gary L. Bakke, President
State Bar of Wisconsin
Judicial Conference
In the Matter of the Amendment of the Supreme Court Rules:
SCR 70.15(1) - Judicial Conference
Order 00-13
The court, on its own motion, has deemed it advisable to amend the
Supreme Court Rule, SCR 70.15(1), setting forth the membership of the
Judicial Conference of Wisconsin to conform it with the bylaw of the
Judicial Conference, Article I, establishing the membership.
IT IS ORDERED that, effective the date of this order, SCR 70.15(1) of
the Supreme Court Rules is amended to read:
(1) There is constituted the judicial conference of Wisconsin, which
consists of the justices of the supreme court, the judges of the court
of appeals, the judges of the circuit court, and the reserve
judges, three municipal court judges designated by the Wisconsin
municipal judges association, and one judicial representative of a
non-Public Law 280 tribal court and two judicial representatives of
Public Law 280 tribal courts designated by the Wisconsin tribal judges
association.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Rules 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 21st day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Code of Judicial Conduct
In the Matter of the Amendment of the Supreme Court Rules:
SCR Chapter 60 - Code of Judicial Conduct, Appendix - Judicial Conduct
Advisory Committee
Order 00-14
The court, on its own motion, has determined it advisable to amend
the Rules of the Judicial Conduct Advisory Committee in respect to its
circuit judge membership to enlarge the number of judges eligible for
appointment to the committee by including reserve judges who serve
regularly in the circuit court.
IT IS ORDERED that, effective the date of this order, A. (1) of the
Rules of the Judicial Conduct Advisory Committee is amended to read:
(1) Membership. A judicial conduct advisory committee
consisting of 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 or a reserve
judge who serves regularly on an urban area court, one judge member
shall be a circuit judge or a reserve judge who serves regularly
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, 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 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 25th day of Sept., 2000.
By the court:
Cornelia G. Clark, Clerk of Court
Wisconsin Lawyer