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LRB-0903/1
TKK:jld
2017 - 2018 LEGISLATURE
March 8, 2017 - Introduced by Representatives Hebl, Wachs, Anderson, Berceau,
Bowen, Crowley, Kessler, Mason, Pope, Sargent, Spreitzer, Subeck and C.
Taylor
, cosponsored by Senators Ringhand, Johnson, L. Taylor and
Vinehout. Referred to Committee on Judiciary.
AB134,1,3 1An Act to renumber and amend 757.91; and to create 757.91 (2) of the
2statutes; relating to: equally divided determinations of the Wisconsin
3Supreme Court on matters of judicial discipline or permanent disability.
Analysis by the Legislative Reference Bureau
This bill provides that, in cases where the Wisconsin Supreme Court is equally
divided on a matter of judicial discipline or permanent disability, the findings of fact,
conclusions of law, and recommendations of the panel of judges that heard the matter
are binding on the disciplined or disabled judge or court commissioner. The bill also
clarifies that, in those cases of discipline or permanent disability that are heard by
a jury, the supreme court must review the jury verdict and recommendations of the
presiding judge. If the supreme court is equally divided on the question of
appropriate discipline or action in a case heard by a jury, the jury verdict and
recommendations of the presiding judge are binding on the disciplined or disabled
judge or court commissioner.
Under current law, the Judicial Commission must investigate any possible
misconduct or permanent disability of a judge or circuit or supplemental court
commissioner. If, after the investigation, the commission finds probable cause that
the judge or court commissioner has engaged in misconduct or has a permanent
disability, the commission must file a petition with the supreme court and prosecute
the case against the judge or court commissioner. The case is heard either by a panel
of judges or, when requested by the commission, by a jury. Also under current law,
the supreme court must review the findings of fact, conclusions of law, and

recommendations made by the panel of judges and determine appropriate discipline
of the judge or court commissioner in cases of misconduct and appropriate action in
cases of permanent disability.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB134,1 1Section 1. 757.91 of the statutes is renumbered 757.91 (1) and amended to
2read:
AB134,2,93 757.91 (1) The supreme court shall review the findings of fact, conclusions of
4law, and recommendations made under s. 757.89 by the panel of judges selected
5under s. 757.87 (3), or the jury verdict and the recommendations of the presiding
6judge given under s. 757.89 when a jury hearing is requested under s. 757.87 (1),
and
7determine appropriate discipline in cases of misconduct and appropriate action in
8cases of permanent disability. The rules of the supreme court applicable to civil cases
9in the supreme court govern the review proceedings under this section.
AB134,2 10Section 2. 757.91 (2) of the statutes is created to read:
AB134,2,1311 757.91 (2) If any determination by the supreme court under this section is
12equally divided on the question of appropriate discipline or action, the following
13apply:
AB134,2,1614 (a) In a case heard by a panel of judges selected under s. 757.87 (3), the findings
15of fact, conclusions of law, and recommendations of the panel are binding on the judge
16or circuit or supplemental court commissioner.
AB134,2,1917 (b) In a case heard when a jury hearing is requested under s. 757.87 (1), the jury
18verdict and recommendations of the presiding judge are binding on the judge or
19circuit or supplemental court commissioner.
AB134,2,2020 (End)
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