Supreme Court Orders
The Wisconsin Supreme Court will hold a public hearing regarding the
creation and use of forms in the circuit courts on Sept. 17 at 1:30 p.m.
in the Supreme Court Room in the State Capitol, Madison, Wis. The court
also has issued orders regarding judicial court commissioners and the
supreme court internal operating procedures.
Judicial Court Commissioners
In the Matter of the Amendment of Supreme Court Rules: SCR
70.36(5);
(proposed) SCR Chapter 75 - Appointment, Performance Evaluation,
Continuing Education, Discipline and Decisions of Judicial Court
Commissioners
Order 97-10
On March 9, 1998, the court amended SCR 70.36 and created SCR chapter
75, effective July 1, 1998, to provide for the appointment, performance
evaluation, continuing education, and discipline of judicial court
commissioners and to establish time periods for decisions of judicial
court commissioners, a procedure for extending the time for those
decisions, the monthly reporting of matters pending decision, and
sanctions for violations of those provisions. On June 22, 1998, the
Committee of Chief Judges and the Wisconsin Records Management Committee
brought to the court's attention a number of concerns with those rules.
In order that the court have sufficient time to consider those concerns
and take appropriate action in response to them, it is necessary that
the amended rules not go into effect July 1, 1998. The court will make
any further amendments as needed in order that SCR chapter 75 may go
into effect Jan. 1, 1999.
IT IS ORDERED that the amendment of SCR 70.36(5) and the creation of
SCR chapter 75 adopted March 9, 1998, do not become effective July 1,
1998, and the matter is held in abeyance pending further order of the
court.
IT IS FURTHER ORDERED that a copy of this order shall be published in
the official state newspaper and in an official publication of the State
Bar of Wisconsin.
Dated at Madison, Wis., this 29th day of June, 1998.
By the court:
Cornelia G. Clark, Chief Deputy Clerk
Use of Forms in the Circuit Courts
In the Matter of the Amendment of the Rules of Civil and
Criminal
Procedure: Wis. Stat. §§ 801.02(8), 971.025(1), (2), (3) and
(4) -
Relating to the Creation and Use of Forms in the Circuit Courts
Amended order 98-01
On June 11, 1998, the Director of State courts, on behalf of the
Wisconsin Records Management Committee, filed an amended petition
seeking the creation of Rules of Civil and Criminal Procedure requiring
the Wisconsin Judicial Conference to develop standard court forms for
mandatory use in civil and criminal actions in the circuit court and in
any other court as the Wisconsin Supreme Court or the Legislature may
direct, unless an agency has statutory authority for the development of
a form. As amended, the proposed rules would permit a party or a court
official to delete unnecessary portions of forms according to rules
established by the Judicial Conference and to supplement the mandatory
forms with additional material. Further, a party's failure to use the
mandatory form or follow the format rules would not constitute a reason
to dismiss a case, refuse a filing, or strike a pleading, although the
party would be required to submit a corrected pleading, and the court
could impose terms.
IT IS ORDERED that a public hearing on the amended petition shall be
held in the Supreme Court Room in the State Capitol, Madison, Wis., on
Sept. 17, 1998, at 1:30 p.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 amended 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.
IT IS FURTHER ORDERED that the court's order of May 6, 1998,
directing publication of the petition filed April 27, 1998, is
vacated.
Dated at Madison, Wis., this 15th day of June, 1998.
By the court: Marilyn L. Graves, Clerk
Amended petition
The Director of State Courts, for and on the recommendation of the
Wisconsin Records Management Committee, hereby petitions the Court to
create the following rules of civil and criminal procedure pursuant to
§ 757.12 as follows:
1.801.02(8) is created to read:
801.02(8) Forms. (a) The Judicial Conference shall
be responsible for the development of standard court forms for mandatory
use by parties and any court official in all civil
actions in the circuit courts and any other court for which the Supreme
Court or Legislature may direct unless an agency has specific statutory
authority for the development of a form.
(b)A party or court official may delete unnecessary
portions of the forms according to the rules established by the Judicial
Conference. A party or court official may supplement
the mandatory forms with additional material.
(c)A party's failure to use the mandatory form or follow the format
rules shall not be a reason to dismiss a case, refuse a filing, or
strike a pleading. However, the court shall require the party to submit
a corrected pleading and may impose terms payable to the opposing party
or payable to the court, or both.
(d)If the Judicial Conference has not created a standard court form
for the action or pleading undertaken by the party or court
official, the party or court official may
utilize a format consistent with any statutory or court requirement for
such action or pleading.
2.971.025(1) is created to read:
971.025(1) Forms. The Judicial Conference shall be
responsible for the development of standard court forms for mandatory
use by parties and any court official in all criminal
actions in the circuit courts and any other court for which the Supreme
Court or Legislature may direct unless an agency has specific statutory
authority for the development of a form.
3.971.025(2) is created to read:
971.025(2) A party or court official may delete
unnecessary portions of the forms according to the rules established by
the Judicial Conference. A party or court official may
supplement the mandatory forms with additional material.
4.971.025(3) is created to read:
971.025(3) A party's failure to use the mandatory form or follow the
format rules shall not be a reason to dismiss a case, refuse a filing,
or strike a pleading. However, the court shall require the party to
submit a corrected pleading and may impose terms payable to the opposing
party or payable to the court, or both.
5.971.025(4) is created to read:
971.025(4) If the Judicial Conference has not created a standard
court form for the action or pleading undertaken by the party or
court official, the party or court official
may utilize a format consistent with any statutory or court requirement
for such action or pleading.
Respectfully submitted this 8th day of June, 1998.
J. Denis Moran, Director of State Courts
Supreme Court Internal Operating Procedures
In the Matter of the Amendment of the Supreme Court Internal
Operating Procedures
Order 98-03
The court, on its own motion, has considered the advisability of
amending its Internal Operating Procedures concerning its opinions.
IT IS ORDERED that, effective the date of this order, II. G. of the
Wisconsin Supreme Court Internal Operating Procedures is amended to
read:
G. Opinion
Opinions are considered at scheduled conferences at which the court
discusses and approves opinions prepared and previously circulated by
the justices. The author of an opinion circulates the proposed opinion
at least seven calendar days prior to the conferencing of the opinion.
Any objections or suggestions to be made by a justice agreeing with the
majority are submitted in writing to the author, with copies to all
justices, at least three calendar days prior to the conference. At or
prior to the conference, any justice may ask that an opinion be held for
a subsequent conference.
The court votes on its opinions at this conference. The court
considers each opinion carefully as to language and substance, and if
there are any changes to be made that are of more than minimal
importance, the opinion is recirculated and reconferenced. Any justice,
whether or not in the majority or not, may at
any time prior to the issuance of the mandate ask that the opinion be
held and reconferenced.
Each justice who elects to write an opinion concurring in or
dissenting from the court's opinion ordinarily announces that intention
at opinion conference and, if possible, circulates that opinion prior to
opinion conference. It is the duty of the author of a concurring or
dissenting opinion and of a justice who has asked that an opinion be
held to give first priority to the concurring or dissenting opinion
and to the opinion being held. Justices are to circulate
concurring or dissenting opinions and remove the hold of any opinion
they have requested before circulating opinions in cases assigned to
them.
IT IS FURTHER ORDERED that notice of this amendment of the Supreme
Court Internal Operating Procedures 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 22nd day of June, 1998.
By the court: Marilyn L. Graves, Clerk
Wisconsin
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