Posts Tagged ‘Wisconsin’

Wisconsin debates making battery on court staff a felony

February 15th, 2012

Many states have enhanced penalties for assaults or other crimes committed against judges for performing their functions as officers of the third branch. Many states are however moving to increase the penalties for crimes committed against court staff in the course of their duties. This year one such bill is Wisconsin’s AB 424. The bill

  • Makes battery or threat to a court employee a Class I felony (Wisconsin felonies range in severity from A down to I).
  • Makes it a Class I felony to threaten to cause damage to a courthouse and if the threatened action could result in bodily harm to a judge or court employee.

The Wisconsin Assembly’s Judiciary and Ethics Committee heard testimony on the bill February 2, 2012, the video of which is below.

Vote to change way Wisconsin picks its chief justice is now back on committee agenda

January 27th, 2012

In early January I noted an expected vote in the Wisconsin Assembly Committee on Judiciary and Ethics on a plan to change the way the state’s chief justice was selected (currently, most senior justice serves). I also noted the near last-minute cancellation of that vote.

The latest agenda for that Assembly committee, however, indicates the vote is now back on for Thursday, February 2.

 

New public financing systems for judicial elections to be considered in Kentucky, Ohio & Wisconsin

January 18th, 2012

While much of the election focus for the 2012 will be on the Presidential races, numerous states will be electing members to the courts. At least three state legislatures are considering joining (and in the case of Wisconsin, rejoining) the list of states that allow for public financing of at least some of those judicial races.

I’ve mentioned Kentucky’s unique position: in 2014 the entire judiciary (save one or two judges) will be on the ballot. Over the last several years members of the state’s legislature have proposed public financing for the races, delivering speeches on the subject during the interim and trying to gather support.  A 2012 version (HB 230) specifies the funding would come from state tax refund designations made on tax forms and by permitting (but not requiring) bar members contribute via their bar dues.

Wisconsin had a public financing system for its supreme court races but it was zeroed out in the latest budget. A new plan, one that would include most state-level elected officials, was introduced in Fall 2011. Under AB 317 and SB 213 taxpayers could designate $1 of their state income taxes to an Election Campaign Fund. Whatever funds are in the Fund would be all that was available for that particular election year(s).

Ohio’s HB 413 focuses on creation of a public financing program for supreme court races only in that state, but does include a trigger provision allowing for expansion to include races for court of appeals if the fund ever reaches $6 million. Funding would come from a designation of tax refunds on tax forms.

Wisconsin legislator seeks to remove supreme court justice by bill of address for failure to recuse in cases

January 11th, 2012

2011 was record setting for the number of attempts made to impeach or otherwise remove state judges and 2012 looks to be starting off on the same footing.

According to this morning’s Wisconsin Law Journal, a state lawmaker is circulating a petition seeking to remove Wisconsin Supreme Court Justice Michael Gableman “because he presided over cases involving a law firm that had represented him without charging legal fees.”

A statement released by the representative on her Facebook page states that rather than impeachment (which would require a finding of “corrupt conduct in office, or for crimes and misdemeanors”) the removal method will be a bill of address. The state’s constitution is silent as to what the criteria for such a removal, however the statement alleges Gableman violated state law, the Code of Judicial Conduct, and Supreme Court rules.

Any justice or judge may be removed from office by address of both houses of the legislature, if two-thirds of all the members elected to each house concur therein, but no removal shall be made by virtue of this section unless the justice or judge complained of is served with a copy of the charges, as the ground of address, and has had an opportunity of being heard. On the question of removal, the ayes and noes shall be entered on the journals.

A bill of address is numerically harder than impeachment: while both require 2/3rds of the Senate, impeachment requires only a simple majority in the House, while a bill of address requires 2/3rds.

This would be the second legislative attempt to remove a judge for failure to recuse in two years. Oklahoma’s HR 1024 of 2011 would have asked the state’s judicial disciplinary commission to remove District Judge Tom Lucas for his refusal to recuse from all criminal cases after a request he do so filed by the county District Attorney.

Vote to change way Wisconsin picks its chief justice cancelled

January 11th, 2012

The planned Thursday vote on changing the way Wisconsin picks its chief justice has now been cancelled with no indication as to why or when (if?) the plan will come back up for a vote.

Wisconsin Assembly committee will vote on plan to change way chief justice is elected

January 9th, 2012

Wisconsin’s Assembly Committee on Judiciary and Ethics is set to vote on Thursday on a constitutional amendment that would end the state’s practice of having the most senior justice of the state’s supreme court serve as Chief Justice.

Under AJR 49 and SJR 36 the court’s justices would chose among themselves after every election to determine who would serve as chief. At a December 15 hearing, the lead proponent of the bill admitted that he had not spoken with anyone on the court, court staff, or the state court administrator about whether or not they wanted the change and did not indicate if he intended on speaking to the justices or court staff prior to the vote (see video from 1:35:00-1:37:30).

Video of the hearing, if available, will be found here.

 

Should all judges be attorneys? Wisconsin considers the issue.

December 15th, 2011

About 30 states permit at least some of their judges to be non-attorneys, yet a great deal of legislative activity in the past few years has been focused on requiring all judges be lawyers. Wisconsin is considering such a change with respect to its municipal court judges. Proponents and opponents weighed in before the Wisconsin Assembly Committee on Judiciary and Ethics on December 15, 2011.

 

Wisconsin Assembly considers ending non-lawyer judges, increasing municipal court fees

December 8th, 2011

I previously mentioned the December 15 meeting of the Wisconsin Assembly’s Committee on Judiciary and Ethics and its consideration of a plan to change the way the state’s chief justice is selected. Several other court-related bills are on the agenda that are of particular note.

Two bills focus on changes to the state’s municipal courts. In 2010, the courts were restructured and their manner of operation much tightly controlled under SB 383 of that year (for example, judges must wear black robes during proceedings and store all records in the office of the court clerk or in another appropriate facility designated by the municipal governing body). An amendment offered at the time (Assembly Amendment 2) would have required all municipal court judges elected or appointed after a certain date be attorneys. The amendment was introduced but never voted on in committee.

AB 101 of 2011, introduced by the same member of the Assembly who introduced Assembly Amendment 2 to SB 383 of 2010, replicates the amendment’s language and specifies January 1, 2011 as the date beyond with municipal court judges elected or appointed must be attorneys.

AB 285 increases maximum court fees assessed for ordinance violations in municipal courts from $28 to $38.

Other items on the December 15 agenda:

  • AB 168: resolution of claims against the state for wrongful imprisonment of innocent persons and exempting from taxation certain amounts an individual receives from the claims board or legislature
  • AB 249: privileged communications to a school guidance counselor, school teacher, or teacher’s aide
  • AB 284: eliminating the right to refuse probation
  • AB 391: creating the Uniform Foreign Country Money Judgments Recognition Act
  • SB 127: aggravating factors for a court to consider when sentencing persons

State-by-State 2011 Legislative Year in Review: Wisconsin

December 7th, 2011

New laws or resolutions affecting the courts enacted or adopted by the Wisconsin legislature in 2011 include the following:

AB 40 Increases small claims from $5,000 to $10,000.

SB 117 Provides actions in which state government is sole party may be filed in any county (currently must be filed in Dane County/state capital). Provides appeals must be heard in Court of Appeals district OTHER than the one in which the case was file. Provides district is to be selected by appellant

Wisconsin Assembly committee to consider plan to change selection & term of state’s chief justice

December 6th, 2011

Wisconsin’s legislature is considering two bills that would end the practice of making the longest serving justice of the state’s Supreme Court the Chief Justice. Under AJR 49 and SJR 36, the determination would instead be made every time a justice is elected or re-elected to the court. This could make the effective term of a chief justice in the state a single year; the state’s constitution programs “Only one justice may be elected in any year” and there’s been 9 elections since 2000 (2000, 2001, 2003, 2005, 2006, 2007, 2008, 2009, & 2011).

The Wisconsin Assembly’s Committee on Judiciary and Ethics is set to hold a public hearing on the proposal December 15.