CHAPTER SCR 70CHAPTER SCR 70
RULES OF JUDICIAL ADMINISTRATION
70.01 Director; responsibility and authority.
70.02 Director; personnel.
70.03 Director; budget.
70.04 Director; information system and statistics.
70.05 Director; public information; liaison.
70.06 Director; judicial education.
70.07 Director; staff.
70.08 Committee appointments.
70.09 Office of lawyer regulation and board of bar examiners; staff.
70.10 Director; assignments.
70.11 Personnel procedures and policies.
70.12 Budget procedures and policies.
70.13 Director; court information system.
70.14 Planning and policy advisory committee.
70.15 Judicial conference.
70.153 Judicial conference, forms.
70.155 Translation of court forms.
70.16 Definitions.
70.17 Judicial administrative districts.
70.18 Appointment of chief judges of judicial administrative districts; term.
70.19 Duties of the chief judge.
70.20 Authority of the chief judge.
70.21 Additional authority of the chief judge.
70.22 Appointments; filing.
70.23 Assignment of circuit judges.
70.24 Assignment of municipal judges.
70.245 Assignment of court reporters.
70.25 [Deleted.]
70.26 Deputy chief judge.
70.265 Presiding judge.
70.27 Budget and personnel.
70.29 Director of state courts; assistance for trial courts.
70.30 District court administrators; creation.
70.31 Assistant to the chief judge and district court administrator; appointment.
70.32 Chief judge; clerk of courts.
70.33 Guidelines; policies.
70.34 Uniform rules for judicial administrative districts.
70.35 Reserve judge eligibility.
70.36 Judges' and circuit court commissioners' certification of status of pending cases.
70.37 Court Of Appeals: Deputy Chief Judge.
70.40 Venue in incarcerated person cases.
70.41 Assistance to court users; court staff guidelines.
70.42 Electronic signatures.
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Judicial Council Committee's Note, 1979: The following rules, called the rules of judicial administration, govern court administration at the state and local level. Rules 1 to 18 and 27 to 34 were originally adopted by the supreme court on October 30, 1978, effective immediately. Rules 19 to 26 were originally adopted by the supreme court on February 19, 1979, effective immediately. Rule 35 was originally adopted by the supreme court on March 30, 1979, effective May 15, 1979. The rules were originally numbered 1 to 35 and have been clarified and numbered SCR 70.01 to 70.34 for uniformity and convenience. Rule 35 is now SCR 70.23 (3). SCR 70.15 was amended on September 4, 1979, effective immediately.
Note : SCR Chapter 70 was amended April 26, 1982; July 27, 1982; March 1, 1983; May 30, 1984; March 12, 1987; June 3, 1988; December 20, 1990; February 1, 1991; October 15, 1991; November 1, 1991; February 19, 1992; June 2, 1992; September 1, 1992; December 2, 1992; October 25, 1994; October 31, 1994; June 19, 1995; January 13, 1997; July 2, 1997; September 12, 1997; January 1, 1999; October 7, 1999; January 1, 2000; September 21, 2000; December 18, 2000; April 6, 2001; July 1, 2002; November 14, 2002; December 9, 2004; April 15, 2005; April 19, 2005; July 1, 2005; April 2, 2008; April 29, 2008; May 1, 2008; January 1, 2011; July 1, 2011; March 15, 2012.
70.01SCR 70.01 Director; responsibility and authority.
70.01(1)(1) The director of state courts shall be the chief nonjudicial officer of the court system in the state. The director shall be hired by and serve at the pleasure of the supreme court, under the direction of the chief justice. The director shall have authority and responsibility for the overall management of the unified judicial system.
70.01(2)(2) The director shall have specific responsibility and authority:
70.01(2)(a)(a) For all state level court personnel, including hiring, separation and salary establishment, except the personal staffs of the supreme court justices and of the court of appeals judges.
70.01(2)(b)(b) For the development of the budget for the court system.
70.01(2)(c)(c) For legislative liaison and public information.
70.01(2)(f)(f) For interdistrict judicial assignments at the circuit level.
70.01(2)(g)(g) For planning and research for the court system.
70.01(3)(3) The director shall serve as advisor to the supreme court, particularly on matters relating to improvements within the system, and shall exercise control over fiscal affairs, space allocation and equipment.
70.01(4)(4) The director of state courts may require each judge to verify and certify vouchers for the judge, his or her reporter and any assistant reporters and, in certifying such salaries and expenses to the department of administration, may rely on the certifications received by the judges.
70.02SCR 70.02 Director; personnel. The director of state courts shall have personnel responsibility and authority, including hiring and separating employees and salary establishment over all state level court personnel except the assistant to the chief justice of the supreme court and the assistant to the chief judge of the court of appeals; law clerks, staff attorneys and secretaries to the justices of the supreme court and judges of the court of appeals. The chief justice and chief judge of the court of appeals shall appoint staff attorneys for their respective courts. The justices and judges of the court of appeals shall appoint their own law clerks and secretaries. The director of state courts may hire assistant court reporters on a per diem basis to report in circuit court as needed. The director of state courts shall perform personnel functions relating to recruitment, payroll and other standard procedures for all nonjudicial state court personnel, including those persons not subject to the hiring and separation authority of the director.
70.03SCR 70.03 Director; budget. The director of state courts shall have the responsibility and authority for development of the budget for the court system for submission to the supreme court for final approval.
70.04SCR 70.04 Director; information system and statistics. The director of state courts shall have the responsibility and authority over the court information system for the entire court system, including the collection, compilation and utilization of judicial statistics.
70.05SCR 70.05 Director; public information; liaison. The director of state courts shall have the responsibility and authority for legislative liaison and public information.
70.06SCR 70.06 Director; judicial education. The director of state courts shall have the responsibility and authority for the general program supervision of judicial education, including the hiring and separation of staff.
70.07SCR 70.07 Director; staff. The director of state courts shall have the responsibility and authority to provide staffing and staff work for all advisory committees to the supreme court and the chief justice. The director of state courts shall have the responsibility and authority to develop initiatives for planning and research for the court system.
70.08SCR 70.08 Committee appointments. The chief justice shall have the authority for appointments to state level judicial committees. The director of state courts shall provide and direct the staffing of the committees.
70.09SCR 70.09 Office of lawyer regulation and board of bar examiners; staff. The office of lawyer regulation and board of bar examiners shall be authorized to appoint their own staffs subject to budgetary restrictions and within established court personnel policies, utilizing administrative services, such as recruitment and payroll, of the office of the director of state courts.
History: Sup. Ct. Order No.
02-05
, 2002 WI 124, 256 Wis. 2d xiii.
70.10SCR 70.10 Director; assignments. The director of state courts shall have the responsibility and authority regarding the assignment of reserve judges and the interdistrict assignment of active judges at the circuit court level where necessary to the ordered and timely disposition of the business of the court.
70.11SCR 70.11 Personnel procedures and policies.
70.11(1)(1) Nonjudicial state court employees shall be subject to a personnel manual, developed by the director of state courts to be consistent with pertinent state statutory requirements, which establishes basic and uniform policies. The manual shall include generally uniform policies for:
70.11(1)(a)(a) Vacation and other leave situations. All circuit judges are entitled to 25 working days of vacation per year.
70.11(1)(i)(i) An appeal procedure for personnel grievances.
70.11(2)(2) A manual shall be prepared setting out uniform vacation and other leave policies for judges.
70.11(3)(3) There are staff positions in the judicial branch which are substantially equivalent to positions in the classified service. Such employees should receive pay, benefits and promotional opportunities comparable to employees in the civil service.
70.12SCR 70.12 Budget procedures and policies.
70.12(1)(1) The basic components of the budget process for the judicial branch shall include:
70.12(1)(a)(a) The judicial branch, to the extent possible, will meet the same budget development and preparation deadlines as are required of state agencies.
70.12(1)(b)(b) The judicial branch, to the extent practicable, will submit the same narrative portion of the budget as is required of state agencies.
70.12(1)(c)(c) There shall be an internal budget request and review procedure during the preparation of each biennial budget which involves:
70.12(1)(c)1.1. A budget procedural and policy direction memorandum by the chief justice directed to all heads of judicial agencies under the supervision of the supreme court. This should be sent out by June 30 of every even-numbered year.
70.12(1)(c)2.2. A procedure requiring justification of existing programs and positions as well as new programs and positions.
70.12(1)(c)3.3. A review of all requests from all components of the judicial branch by the director of state courts and a final decision by the director.
70.12(1)(c)4.4. A review by the chief justice and the supreme court of the director's recommendation.
70.12(1)(c)5.5. Appeal to the supreme court of the director's decision only by the chief judge of the court of appeals, chief judges of judicial administrative districts and office of lawyer regulation and board of bar examiners.
70.12(1)(c)6.6. A system of deadlines for each step in the judicial budget preparation process.
70.12(2)(2) A process for public hearings may be established for requests for additional courts. A process for public hearings for major new programs or budget initiatives may be developed.
70.12(3)(3) The chief justice, with the assistance of the director of state courts, shall be responsible for the presentation of the biennial budget of the judicial branch to the joint committee on finance.
70.12(4)(4) The judicial branch shall establish a regular independent audit procedure.
History: Sup. Ct. Order No.
02-05
, 2002 WI 124, 256 Wis. 2d xiii.
70.13SCR 70.13 Director; court information system. The director of state courts shall:
70.13(1)(1) Define in detail the purpose and use of the information presently gathered by the system, and identify the needs of the users of the system, including the other branches of government.
70.13(2)(2) Eliminate all information elements not essential to the purpose and use of the system.
70.13(3)(3) Establish uniform definitions and reporting procedures.
70.13(4)(4) Identify the principal users of the reports and establish a regular review procedure.
70.14SCR 70.14 Planning and policy advisory committee.
70.14(1)(1) The planning and policy advisory committee shall consist of:
70.14(1)(a)(a) The chief justice of the supreme court, or such other justice as the supreme court may designate.
70.14(1)(b)(b) One judge of the court of appeals selected by the court of appeals.
70.14(1)(c)(c) Thirteen circuit judges, with one judge elected by the judges of each of judicial administrative districts 2 to 4 and 6 to 10, with 2 judges elected by the judges of judicial administrative district 5 and 3 judges elected by the judges of judicial administrative district 1.
70.14(1)(d)(d) One municipal judge elected by the Wisconsin Municipal Judges Association.
70.14(1)(e)(e) Two persons selected by the board of governors of the state bar.
70.14(1)(f)(f) Three nonlawyers, one of whom shall be an elected county official, appointed by the chief justice.
70.14(1)(g)(g) A public defender appointed by the chief justice.
70.14(1)(h)(h) A court administrator appointed by the chief justice.
70.14(1)(i)(i) A prosecutor appointed by the chief justice.
70.14(1)(j)(j) A clerk of court appointed by the chief justice.
70.14(1)(k)(k) One circuit court commissioner, who shall be selected for a three-year team, the selection to be made alternately, first by the Wisconsin Family Court Commissioners Association, then by the Wisconsin Association of Judicial Court Commissioners.
70.14(2)(2) The chief justice, or his or her designee, will act as chairperson of the planning and policy advisory committee. The chairperson shall appoint an existing judicial member of the planning and policy advisory committee to serve as vice-chairperson. The vice-chairperson will act in a leadership capacity in the absence of the chairperson and will serve in this capacity at the discretion of the chairperson.
70.14(3)(3) The director of state courts shall meet with and participate in the deliberations of the committee. The director shall have full floor privileges, including the right to be an advocate on any issue before the committee. The director shall not be a member of the committee and shall not have a vote on matters before the committee.
70.14(4)(4) The purpose of the planning and policy advisory Committee is to advise the supreme court and the director of state courts in the director's capacity as planner and policy advisor for the judicial system. The committee shall also assist the supreme court and the director in evaluating the administrative structure of the court system, including recommending appropriate changes in the administration and methods of operations of all the courts of the state, the volume and condition of business in those courts, and advise on the expeditious handling of judicial matters in the future. The planning and policy advisory committee shall be kept fully and timely informed by the director of state courts about all budgetary matters affecting the judiciary to allow it to participate in the budget process.
70.14(5)(5) The committee shall meet at the call of its chairperson, but shall meet at least quarterly. The agenda shall include reports from and recommendations by the subcommittees. Staffing for the committee shall be provided by members of the director's staff assigned to subject matter areas under consideration by the committee.
70.14(6)(6) The planning and policy committee is authorized to create subcommittees where appropriate and shall appoint a subcommittee to confer with the supreme court and the director of state courts in the court's review of the budget.
70.14(7)(7) The supreme court shall meet with the planning and policy advisory committee on an annual basis for a full discussion of judicial matters of mutual concern.
History: Sup. Ct. Order No.
04-04
, 2004 WI 146, 276 Wis. 2d xiii; Sup. Ct. Order No.
07-14
, 2008 WI 26, filed and eff. 4-2-08.
70.15SCR 70.15 Judicial conference.
70.15(1)(1) There is constituted the judicial conference of Wisconsin, which consists of the justices of the supreme court, the judges of the court of appeals, the judges of the circuit court, reserve judges, three municipal court judges designated by the Wisconsin municipal judges association, one circuit court commissioner designated by the family court commissioner association, one circuit court commissioner designated by the judicial court commissioner association, and one judicial representative of a non-Public law 280 tribal court and two judicial representatives of Public Law 280 tribal courts designated by the Wisconsin tribal judges association.
70.15(2)(2) The conference shall meet once each year in regular session and may call any special meeting.
70.15(3)(3) The chief justice shall preside at annual and special meetings of the conference, or, in his or her absence, the senior associate justice present shall preside, unless the agenda otherwise provides.
70.15(4)(4) T he judicial conference may divide into functional sections and create subcommittees to study advised topics.
History: Sup. Ct. Order No.
00-13
, 2000 WI 103, 237 Wis. 2d xiii; Sup. Ct. Order No.
01-09
, 2001 WI 35, 242 Wis. 2d xvii.
70.153SCR 70.153 Judicial conference, forms.
70.153(1)(1) The court forms that the judicial conference is required to adopt under s. 758.18, stats., shall be developed by the records management committee, an advisory committee to the director of state courts office.
70.153(2)(2) Under article VIII of the bylaws of the judicial conference, the judicial members of the records management committee act on behalf of the judicial conference in the adoption of court forms.
70.153(3)(3) Each court form shall include a notice that the form may be supplemented with additional material.
