LRB-0896/1
PJD&JEO:jg:km
1999 - 2000 LEGISLATURE
March 23, 1999 - Introduced by Representatives Goetsch, Ladwig, Kaufert,
Albers, Porter, F. Lasee, Seratti, Klusman, Kestell, Gunderson, Skindrud,
Owens, Musser, Spillner and Powers, cosponsored by Senators Huelsman,
Darling, Farrow, Fitzgerald and Baumgart. Referred to Committee on
Judiciary and Personal Privacy.
AJR39,1,3
1To amend section 7 of article VII of the constitution;
relating to: authorizing the
2legislature to provide for 6-member juries in misdemeanor cases (first
3consideration).
Analysis by the Legislative Reference Bureau
The Wisconsin Supreme Court held, in State v. Hansford, 219 Wis. 2d 226, 580
N.W. 2d. 171 (1998), that a statute providing for six-member juries in misdemeanor
cases violated the Wisconsin Constitution because the court interpreted the
Wisconsin Constitution as requiring a 12-member jury in all criminal cases, not just
in felony cases. This proposed constitutional amendment, proposed to the 1999
legislature on first consideration, authorizes the legislature to provide for
six-member juries in misdemeanor cases.
A proposed constitutional amendment requires adoption by 2 successive
legislatures, and ratification by the people, before it can become effective.
AJR39,1,4
4Resolved by the assembly, the senate concurring, That:
AJR39, s. 1
5Section
1. Section 7 of article I of the constitution is amended to read:
AJR39,2,56
[Article I] Section 7. In all criminal prosecutions the accused shall enjoy the
7right to be heard by himself and counsel; to demand the nature and cause of the
8accusation against him; to meet the witnesses face to face; to have compulsory
1process to compel the attendance of witnesses in his behalf; and in prosecutions by
2indictment, or information, to a speedy public trial by an impartial jury of the county
3or district wherein the offense shall have been committed; which county or district
4shall have been previously ascertained by law.
The legislature may by statute
5provide that a jury in a misdemeanor case shall consist of 6 persons.
AJR39,2,8
6Be it further resolved, That this proposed amendment be referred to the
7legislature to be chosen at the next general election and that it be published for 3
8months previous to the time of holding such election.
