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
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