LRB-1227/1
SWB:emw
2023 - 2024 LEGISLATURE
March 24, 2023 - Introduced by Representatives Steffen, Allen, Armstrong,
Behnke, Donovan, Edming, Hurd, Kitchens, Macco, Moses, Murphy,
Rettinger, Rozar and Sortwell, cosponsored by Senators James,
Cowles,
Marklein, Quinn and Stroebel. Referred to Committee on Judiciary.
AB128,1,2
1An Act to create 751.037 and 801.50 (4r) of the statutes;
relating to: venue for
2actions in which the legislature is a party.
Analysis by the Legislative Reference Bureau
This bill provides that when the legislature is a party to an action, the
Wisconsin Supreme Court will assign venue at random. Under the bill, if an action
is filed in which the legislature is a party, the clerk of courts for the county in which
that action has been filed must notify the clerk of the supreme court within five days.
Upon receipt of the notice, the supreme court must select at random a judicial circuit
and then assign that circuit as the venue for the case. The clerk of the supreme court
must then notify both the clerk of courts for the county in which the case was initially
filed and the clerk of courts for the county where the action is assigned, and the case
will be treated as if it was filed in the judicial circuit assigned by the supreme court.
Under the bill, neither a court, acting on its own, nor a party may move for a change
of venue once the case has been assigned to a judicial circuit.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB128,1
3Section
1. 751.037 of the statutes is created to read:
AB128,2,5
4751.037 Assignment when the legislature is a party. (1) Upon receiving
5notice under s. 801.50 (4r), the supreme court shall select at random a judicial circuit
1and assign that circuit as the venue for the matter indicated in the notice. The clerk
2of the supreme court shall notify the clerk of courts for the county where the action
3indicated in the notice was initially filed and the clerk of courts for the county where
4the action has been assigned under this section, and the action shall be treated as
5if it was filed in the judicial circuit assigned by the supreme court.
AB128,2,7
6(2) Notwithstanding s. 801.52, neither a court, upon its own motion, nor a party
7may move for a change of venue after the case has been assigned under this section.
AB128,2
8Section
2. 801.50 (4r) of the statutes is created to read:
AB128,2,129
801.50
(4r) In any action in which the legislature is a party, venue shall be as
10provided in s. 751.037. Not more than 5 days after an action in which the legislature
11is a party is filed, the clerk of courts for the county where the action is filed shall notify
12the clerk of the supreme court of the filing.
