LRB-0092/1
MLJ:klm
2019 - 2020 LEGISLATURE
September 5, 2019 - Introduced by Representatives Hebl, Anderson, Crowley,
Emerson, Kolste, Ohnstad, Pope, Sinicki, Spreitzer, Subeck, C. Taylor,
Vruwink and Brostoff, cosponsored by Senators Ringhand and Miller.
Referred to Committee on Judiciary.
AB408,1,2
1An Act to amend 757.54 (1); and
to create 757.54 (3) of the statutes;
relating
2to: prohibiting destruction of records and evidence.
Analysis by the Legislative Reference Bureau
This bill prohibits a circuit, municipal, or appeals court judge or a supreme
court justice for whom a motion for recusal or for judicial substitution has been filed
in an action or proceeding from ordering the destruction of evidence or court records
of the action or proceeding.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB408,1
3Section
1. 757.54 (1) of the statutes is amended to read:
AB408,1,74
757.54
(1) Except as provided in
sub. subs. (2)
and (3), the retention and
5disposal of all court records and exhibits in any civil or criminal action or proceeding
6or probate proceeding of any nature in a court of record shall be determined by the
7supreme court by rule.
AB408,2
8Section
2. 757.54 (3) of the statutes is created to read:
AB408,2,1
1757.54
(3) (a) In this subsection, “judge” has the meaning given in s. 757.19 (1).
AB408,2,42
(b) No judge presiding in an action or proceeding for whom a motion for recusal
3or a request for judicial substitution has been filed by a party to the action or
4proceeding may do any of the following:
AB408,2,65
1. Order the destruction of evidence gathered for or offered in the action or
6proceeding.
AB408,2,87
2. Order the destruction of court records of or exhibits prepared for the action
8or proceeding, including copies of the records or exhibits.
