LRB-0280/1
MLJ:ahe
2021 - 2022 LEGISLATURE
May 27, 2021 - Introduced by Representatives Hebl,
Anderson, Baldeh, Conley,
Emerson, Neubauer, Pope, S. Rodriguez, Spreitzer, Stubbs and Subeck,
cosponsored by Senators Ringhand, Roys, Erpenbach and Johnson. Referred
to Committee on Judiciary.
AB355,1,2
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
Under current law, retention and disposal of court records and exhibits is
generally determined by the supreme court by rule, with one exception. The
exception states that DNA specimens in criminal actions and juvenile delinquency
proceedings must be kept until any person who is taken into custody as a result of
the action or proceeding has been released.
This bill adds a second exception to the general rule. The bill prohibits a circuit,
municipal, or appeals court judge or a supreme court justice for whom a motion for
recusal or request 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:
AB355,1
3Section
1. 757.54 (1) of the statutes is amended to read:
AB355,2,24
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
1or probate proceeding of any nature in a court of record shall be determined by the
2supreme court by rule.
AB355,2
3Section
2. 757.54 (3) of the statutes is created to read:
AB355,2,44
757.54
(3) (a) In this subsection, “judge” has the meaning given in s. 757.19 (1).
AB355,2,75
(b) No judge presiding in an action or proceeding for whom a motion for recusal
6or a request for judicial substitution has been filed by a party to the action or
7proceeding may do any of the following:
AB355,2,98
1. Order the destruction of evidence gathered for or offered in the action or
9proceeding.
AB355,2,1110
2. Order the destruction of court records of or exhibits prepared for the action
11or proceeding, including copies of the records or exhibits.
