AB679: Bill Text

LRB-3788/1

PJH:med:rs

2011 - 2012 LEGISLATURE

2011 Assembly BILL 679

March 8, 2012 - Introduced by Representative Clark. Referred to Committee on Judiciary and Ethics.

AB679,1,3 An Act to create 757.19 (2) (fm) and 757.33 of the statutes; relating to: disqualification of a judge or justice and restricting an attorney from appearing before certain courts.

Analysis by the Legislative Reference Bureau

Under current law, a judge or justice is required to disqualify himself or herself from presiding over or deciding any legal action under certain circumstances that render the judge or justice incapable of acting in an impartial manner or that make it appear that the judge or justice cannot act in an impartial manner.

This bill requires a judge or justice to disqualify himself or herself from presiding over or deciding any legal action if he or she was, within five years of the date the action is commenced, represented by any legal counsel that represents a party in the action. The bill also prohibits an attorney who represented a judge or justice from appearing before that judge or justice within five years after his or her representation ended.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB679, s. 1 Section 1. 757.19 (2) (fm) of the statutes is created to read:

AB679,1,6 757.19 (2) (fm) When a judge was represented by any counsel to any party to the action within 5 years before the action was commenced.

AB679, s. 2 Section 2. 757.33 of the statutes is created to read:

AB679,2,5 757.33 Representation of a judge or justice. No attorney may appear before a judge or justice as counsel to any party in a civil or criminal action if the attorney provided legal representation to the judge or justice within 5 years before the civil or criminal action was commenced.

AB679,2,6 (End)