SCR 70.35 Note
"If I am appointed a permanent reserve judge, as that term is defined in section 753.075 of the Wisconsin Statutes, I consent to be bound by all provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) from the date of that appointment and until its expiration."
SCR 70.35 Note
(b) The written consent form for all other reserve judges shall be in the following form:
SCR 70.35 Note
"In consideration of being eligible for appointment and assignment as a reserve judge during . . . . (year), I consent to be bound for that year by the provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60) applicable to reserve judges."
SCR 70.35 History
Sup. Ct. Order No. 97-04
, 212 Wis. 2d xiii (1997).
SCR 70.36 Judges' and circuit court commissioners' certification of status of pending cases. 70.36(1)(a)(a)
Every judge of a circuit court shall decide each matter submitted for decision within 90 days of the date on which the matter is submitted to the judge in final form, exclusive of the time the judge has been actually disabled by sickness. If a judge is unable to do so, within 5 days of the expiration of the 90-day period the judge shall so certify in the record of the matter and notify in writing the chief judge of the judicial administrative district in which the matter is pending, and the period is thereupon extended for one additional period of 90 days. This subsection applies to an assigned reserve judge.
In the exercise of its superintending and administrative authority over all courts and upon written request from a chief judge, the supreme court may extend the period specified in par. (a)
for decision in specific matters as exigent circumstances may require.
Within the first 10 days of each month every judge of a circuit court shall execute and file with the office of the director of state courts:
A certificate stating that there are no matters awaiting decision beyond the 90-day or, if extended by certification and notification, the 180-day period specified in sub. (1) (a)
, but if the 90-day period has been extended by certification and notification, a copy of the certification and notification shall be attached to the certificate; or
If there are matters so pending, a certificate setting forth the name and docket number of each of matter, the court in which it is pending, and the date on which it was submitted to the judge in final form.
Certificates filed under subd. 1. or 2. shall be retained by the office of the director of state courts for 10 years from the date of filing.
The office of the director of state courts shall send a copy of certificates listing pending matters to the chief judge of the judicial administrative district in which those matters are pending and shall notify the chief judge of a judicial administrative district of the failure of a judge within the district to file a certificate pursuant to this subsection.
The director of state courts, pursuant to SCR 70.10, and the chief judge, pursuant to SCR 70.19 (3) (a), shall assign judges as needed or take other steps for the timely disposition of judicial business to assist a judge who has filed a certificate under sub. (2) (a)
2. or 3.
Failure of a judge to comply with the requirements of sub. (1) (a)
or sub. (2) (a)
may result in one or more of the following remedial measures:
Change of the judge's assignment, pursuant to SCR 70.19 (3) (a).
Referral of the matter by the director of state courts to the supreme court for the initiation of contempt proceedings.
Referral of the matter by the director of state courts to the judicial commission for investigation of possible misconduct.
"Chief judge" means the judge appointed under SCR 70.18 for the judicial administrative district in which the matter is pending.
"Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to the limited extent of that authorization.
A circuit court commissioner should not routinely take matters under advisement. Every circuit court commissioner shall decide any matter within 30 days after the matter is submitted to him or her for decision. If the circuit court commissioner is unable to decide a matter within 30 days, he or she shall notify the chief judge not later than 5 days before the end of the 30-day period. The chief judge may extend the period to decide the matter for an additional 30 days or may require the circuit court commissioner to suspend all other assigned activities until the decision is filed in the court.
The chief judge may withdraw temporarily or permanently the circuit court commissioner's appointment or authority to act if the commissioner fails to comply with par. (b).
SCR 70.36 History
Sup. Ct. Order 187 Wis. 2d xxix (1992); Sup. Ct. Order No. 97-10
, 216 Wis. 2d xxiii (1998), suspended 218 Wis. 2d xxi, vacated and recreated 221 Wis. 2d xiii (1999); Sup. Ct. Order No. 00-12
, 2001 WI 34, 242 Wis. 2d xiii, Sup. Ct. Order No. 00-12A
, 2001 WI 44, 242 Wis. 2d lxiii, correcting Sup. Ct. Order No. 00-12
; Sup. Ct. Order No. 05-03
, 2005 WI 66, 279 Wis. 2d xvii.
SCR 70.36 Note
Comment: In addition to possibly constituting judicial misconduct under s. 757.81 (4)
, Stats, a judge's failure to comply with this rule may constitute contempt of the supreme court and result in the court's imposing a fine for noncompliance. See, In re Hon. Charles E. Kading, 74 Wis. 2d 405
, 246 N.W.2d 903
SCR 70.37 Court Of Appeals: Deputy Chief Judge.
The chief judge of the court of appeals shall appoint a deputy chief judge to serve at the pleasure of the chief judge. The appointment of a deputy chief judge shall be in writing and filed in the office of the clerk of the court of appeals. The deputy chief judge shall provide assistance to the chief judge in administrative areas requiring the participation of a judicial officer. The chief judge may delegate any of the chief judge's duties and authority as chief judge to the deputy chief judge.
SCR 70.40 Venue in prisoner cases. 70.40(1)(1)
The clerk of circuit court shall use the "IP" (incarcerated person) case type designation to identify pleadings and papers submitted by any prisoner, as defined in s. 801.02 (7) (a) 2.
, stats., seeking to commence, prosecute or defend an action or proceeding under s. 814.29 (1m)
, stats., without the prepayment of costs and fees.
The clerk of circuit court shall use the family, criminal or civil case type designations when those designations are appropriate and applicable costs and fees are prepaid. The case type designation for any case designated "IP" under sub. (1) shall be changed to and proceed under the appropriate civil case designation whenever a court orders the case commenced under s. 814.29 (1m)
, stats., without the prepayment of costs and fees.
The court shall determine as much of the following as is necessary, based on the pleadings and papers submitted by a prisoner, in the following order:
Whether all required documentation has been submitted.
Whether all available administrative remedies have been exhausted.
Whether the prisoner is precluded from filing without the prepayment of costs and fees under s. 801.02 (7) (d)
In what manner the filing fees and costs are to be paid.
Whether the case should be dismissed without requiring the defendant to answer for a reason set forth in s. 802.05 (3) (b)
Whether the venue where the pleadings and papers are submitted is proper.
Whether venue is also proper in another county.
Whether an evidentiary hearing is likely to be needed.
Whether another county where venue is proper is more convenient for the parties and the witnesses.
If sub. (2) (h), (i) and (j) are all answered in the affirmative, the court on its own motion shall change venue to the more convenient county under s. 801.52
, stats. The clerk of circuit court shall forward the case to the clerk of circuit court in the more convenient county and shall give notice of that action to the parties. Any order changing venue shall direct payment of costs and fees to the county to which venue is transferred.
If the court to which the case is forwarded under sub. (3) believes an error has been made in the determination that venue is proper in that court, that court shall refer the matter to the chief judge of the district in which that court is located to resolve the matter.
SCR 70.40 History
Sup. Ct. Order No. 96-14
, 210 Wis. 2d xxvii (1997); Sup. Ct. Order No. 99-02
, 228 Wis. 2d xix (1999); Sup. Ct. Order No. 08-12
, 2008 WI 31, 305 Wis. 2d xiii.
SCR 70.41 Assistance to court users; court staff guidelines. 70.41(1)(a)
"Court" means an appellate, circuit, or municipal court.
"Court staff" means persons under the supervision of the clerk of the supreme court and court of appeals, a clerk of circuit court, a circuit court commissioner, a register in probate, a district court administrator, a circuit court judge, or a municipal court judge.
Forms that have been approved by the records management committee.
Forms that have been approved by a circuit court or municipal judge for use in that jurisdiction.
"Individual" means any person who seeks court-related information, including information needed to file, pursue, or respond to a case.
"Should" is directory only, not mandatory, and connotes a duty or obligation to pursue a goal or objective.
The purpose of this rule is to assist the court in communicating with individual court users without practicing law. The rule is intended to enable court staff to provide the best service possible to individuals within the limits of the individual staff member's responsibility. The rule is not intended to restrict powers of court staff otherwise provided by statute or rule nor is it intended to eliminate the collection of applicable fees or costs. The rule is not intended to list all assistance that can be provided. The rule recognizes that the best service the court staff may provide in many proceedings is advising an individual to seek the assistance of an attorney.
Court staff shall remain impartial and may not provide or withhold assistance for the purpose of giving one party an advantage over another.
(4) Authorized information and Assistance.
Court staff shall do all of the following:
Provide public information contained in any of the following:
Provide a copy of, or recite, any of the following:
Common, routinely employed state and local court rules.
Common, routinely employed applicable fees and costs.
Advise an individual where to find statutes and rules, without advising whether a particular statute or rule is applicable.
Identify and provide applicable forms and written instructions without providing advice or recommendations as to any specific course of action.
Answer questions about how to complete forms, such as where to write in particular types of information, but not questions about how the individual should phrase his or her responses on the forms.
Define terms commonly used in court processes.
Provide phone numbers for lawyer referral services, local attorney rosters, or other assistance services, such as Internet resources, known to the court staff.
Provide appropriate aids and services for individuals with disabilities to the extent required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101 et seq.
Unauthorized information and assistance.
Court staff may not do any of the following:
Provide legal advice or recommend a specific course of action for an individual.
Apply the law to the facts of a given case, or give directions regarding how an individual should respond or behave in any aspect of the legal process.
Recommend whether to file a petition or other pleading.
Recommend phrasing for or specific content of pleadings.
Fill in a form, unless required by sub. 4 (h).
Recommend specific people against whom to file petitions or other pleadings.
Recommend specific types of claims or arguments to assert in pleadings or at trial.
Recommend what types or amount of damages to seek or the specific individuals from whom to seek damages.
Recommend specific questions to ask witnesses or litigants.
Recommend specific techniques for presenting evidence in pleadings or at trial.
Recommend which objections to raise regarding an opponent's pleadings or motions at trial or when and how to raise them.
Recommend when or whether an individual should request or oppose an adjournment.
Recommend when or whether an individual should settle a dispute.
Recommend whether an individual should appeal a judge's decision.
Interpret the meaning or implications of statutes or appellate court decisions as they might apply to an individual case.