LRB-1207/1
TKK:wlj
2015 - 2016 LEGISLATURE
December 10, 2015 - Introduced by Representatives Hebl, Wachs, Berceau,
Johnson, Kessler, Kolste, Ohnstad, Pope, Spreitzer, Subeck, C. Taylor and
Zepnick, cosponsored by Senators Ringhand, L. Taylor and Vinehout.
Referred to Committee on Judiciary.
AB587,1,3 1An Act to renumber and amend 757.91; and to create 757.91 (2) of the
2statutes; relating to: equally divided determinations of the Wisconsin
3Supreme Court on matters of judicial discipline or permanent disability.
Analysis by the Legislative Reference Bureau
Under current law, the Judicial Commission (commission) must investigate
any possible misconduct or permanent disability of a judge or circuit or supplemental
court commissioner. If, after the investigation, the commission finds probable cause
that the judge or court commissioner has engaged in misconduct or has a permanent
disability, the commission must file a petition with the Wisconsin Supreme Court
and prosecute the case against the judge or court commissioner. The case is heard
either by a panel of judges or, when requested by the commission, by a jury. Also
under current law, the supreme court must review the findings of fact, conclusions
of law, and recommendations made by the panel of judges and determine appropriate
discipline of the judge or court commissioner in cases of misconduct and appropriate
action in cases of permanent disability.
This bill provides that, in cases where the supreme court is equally divided on
the question of appropriate discipline or action, the findings of fact, conclusions of
law, and recommendations of the panel of judges are binding on the disciplined or
disabled judge or court commissioner. The bill also clarifies that, in those cases of
discipline or permanent disability that are heard by a jury, the supreme court must
review the jury verdict and recommendations of the presiding judge. If the supreme
court is equally divided on the question of appropriate discipline or action in a case

heard by a jury, the jury verdict and recommendations of the presiding judge are
binding on the disciplined or disabled judge or court commissioner.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB587,1 1Section 1. 757.91 of the statutes is renumbered 757.91 (1) and amended to
2read:
AB587,2,93 757.91 (1) The supreme court shall review the findings of fact, conclusions of
4law, and recommendations made under s. 757.89 by the panel of judges selected
5under s. 757.87 (3), or the jury verdict and the recommendations of the presiding
6judge given under s. 757.89 when a jury hearing is requested under s. 757.87 (1),
and
7determine appropriate discipline in cases of misconduct and appropriate action in
8cases of permanent disability. The rules of the supreme court applicable to civil cases
9in the supreme court govern the review proceedings under this section.
AB587,2 10Section 2. 757.91 (2) of the statutes is created to read:
AB587,2,1311 757.91 (2) If any determination by the supreme court under this section is
12equally divided on the question of appropriate discipline or action, the following
13apply:
AB587,2,1614 (a) In a case heard by a panel of judges selected under s. 757.87 (3), the findings
15of fact, conclusions of law, and recommendations of the panel are binding on the judge
16or circuit or supplemental court commissioner.
AB587,2,1917 (b) In a case heard when a jury hearing is requested under s. 757.87 (1), the jury
18verdict and recommendations of the presiding judge are binding on the judge or
19circuit or supplemental court commissioner.
AB587,2,2020 (End)
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