Legislative Watch
Judicial Council Deserves Funding, Staff
Wisconsin citizens would
be better served by establishing the uniqueness and independence of the
Judicial Council, and allowing it to function as intended.
by Marla J. Stephens
A LITTLE UNCLEAR ABOUT what the Judicial Council is or does? You're probably
not alone. While you may have never heard of it, chances are that you
have benefited from the Judicial Council's work since its statutory creation
in 1951.
The duties, powers, and structure of the Judicial Council, as defined
under section 758.13 of the Wisconsin Statutes, include reviewing and
recommending changes to the Wisconsin Legislature, supreme court, and
governor on the rules of pleading, practice, procedure of the courts,
and administration of justice throughout Wisconsin.
The Council also is charged with surveying the organization, jurisdiction,
administration, and operation of Wisconsin courts; receiving and considering
suggestions from any source pertaining to the administration of justice;
recommending to the legislature any changes in the organization, jurisdiction,
operation, and methods of conducting the business of the court; and recommending
to the supreme court, the legislature, and the governor any changes in
methods of conducting the business of the court that "will improve the
efficiency and effectiveness of the court system and result in cost savings."
Until the 1995-96 state budget, the Judicial Council had been funded
as a distinct entity of state government. At that time, it lost its staff
of two, its budget was eliminated, and its functions rolled into that
of the Judicial Commission, a wholly different entity with different responsibilities.
Although fighting in subsequent years for a small budget resulted in funding
for members' travel and meeting expenses, the Judicial Council's efforts
to regain its staff were rebuffed and it remains within the Judicial Commission.
If, perhaps, you are thinking that the Council's work is unnecessary
or that it can continue to function as is, think again. The work of the
Council has been important to the efficient and effective administration
of justice in Wisconsin for more than 50 years. Council members contribute
many hundreds of hours willingly and without compensation because of their
commitment and dedication to the Council's work. Too much is being asked
of them.
Wisconsin citizens are a direct beneficiary of the large-scale legal
projects undertaken by the Judicial Council at the request of the legislative,
executive, and judicial branches. Examples of legislation and rules developed
by the Judicial Council include Chapter 255, Laws 1969: Criminal Procedure
Code; 1974 Supreme Court Rule: Evidence Code; 1975 Supreme Court Rule:
Civil Procedure Code; Chapter 414, Laws 1975, Administrative Procedure
Act; 1978 Supreme Court Rule: Appellate Procedure Code; Chapter 257, Laws
1979, Contempt of Court; Chapter 323, Laws of 1979, Statutes of Limitation
and Adverse Possession; Chapter 289, Laws of 1981, Extraordinary Remedies;
Chapter 367, Laws of 1981, Competency to Stand Trial; 1983 Wis. Act 228,
Venue; 1985 Wis. Act 262, Videotaped Testimony by Children; 1987 Wis.
Act 86, Insanity Defense Bifurcated Trials; 1987 Wis. Act 208, Small Claims
Procedures; 1987 Wis. Act 398, Restitution to Victims of Crime; 1987 Wis.
Act 399, Homicide Remodification; 1988 Supreme Court Rules, Telephone
Proceedings; 1989 Wis. Act 334, Insanity Defense and Criminal Commitments;
1990 Supreme Court Rules, Filing and Service by Facsimile; 1993 Wis. Act
80, Earnings and Garnishment; 1994 Supreme Court Rules: Alternative Dispute
Resolution.
In recent years, additional projects have been completed due to the
commitment of the Council's 21 volunteer members. These projects include
small claims procedures revisions, jury standards revisions, guardian
ad litem continuing legal education requirements, revisions to garnishment
law, and use of alternative dispute resolution. Now the Council's progress
on other important projects - developing rules to expand the use of audio
and video conferencing in circuit courts, appellate procedure revisions,
criminal procedure code revision, consolidation of provisions governing
imposition of court sanctions, civil discovery revisions, children's code
discovery revisions, administrative hearings and appeals procedural revisions
- has become frustratingly slow because of its lack of staff and funds.
In spite of these difficulties, the volunteer members of the Judicial
Council continue to be strongly committed to the charges and responsibilities
set out before them - to study, advise, analyze, review, update, and recommend
changes to the supreme court, legislature, and the governor on the court
system to promote a system that is usable and efficient for Wisconsin
citizens.
The State of Wisconsin would be wise to recognize the value the Judicial
Council provides to its citizens. We would all be better served by reestablishing
the uniqueness and independence of the Judicial Council and allowing it
to function as intended. It is a small financial burden to bear, far exceeded
by the benefits of the Council's continuation.
Marla J. Stephens, Marquette
1981, is the Director of the Appellate Division for the Wisconsin Public
Defender. She is vice chair of the Wisconsin Judicial Council, a member
of the State Bar Appellate Practice Section, and a member of the Milwaukee
Bar Association's Bench and Bar Committees on the Criminal Courts and the
Court of Appeals.
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