2025 - 2026 LEGISLATURE
LRB-4090/1
KRP:cdc
July 28, 2025 - Introduced by Senators Tomczyk, Cabral-Guevara, Bradley, Nass and Quinn, cosponsored by Representatives Sortwell, August, B. Jacobson, Green, Penterman, Knodl, Donovan, Dittrich, Maxey, O'Connor, Goeben, Behnke, Allen, Kreibich and Murphy. Referred to Committee on Judiciary and Public Safety.
SB381,1,3
1An Act to amend 757.91 and 757.95 of the statutes; relating to: suspension
2without pay in cases of judicial misconduct or pending final determination in
3proceedings involving alleged judicial misconduct or permanent disability. Analysis by the Legislative Reference Bureau
The Wisconsin Constitution authorizes the supreme court to reprimand, censure, suspend, or remove for cause or for disability any judge or justice pursuant to procedures established by the legislature by law. Under current law, the supreme court’s disciplinary authority also extends to court commissioners. The Judicial Commission currently is charged with investigating alleged misconduct or permanent disability of a judge, justice, or court commissioner (judge). Under current law, if the Judicial Commission finds probable cause that a judge has engaged or is engaging in misconduct, it files a formal complaint with the supreme court, and, if the Judicial Commission finds probable cause that a judge has a permanent disability, it files a petition with the supreme court. Under current law, after a formal complaint or petition is filed, the supreme court may temporarily suspend a judge pending final determination of the proceedings. The supreme court ultimately determines the appropriate discipline or action in each proceeding.
This bill specifies that, if the supreme court imposes a temporary suspension pending final determination of proceedings or imposes a suspension as a disciplinary sanction in a case of misconduct, the suspension must be without pay.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB381,1
1Section 1. 757.91 of the statutes is amended to read: SB381,2,82757.91 Supreme court; disposition. The supreme court shall review the 3findings of fact, conclusions of law, and recommendations under s. 757.89 and 4determine appropriate discipline in cases of misconduct and appropriate action in 5cases of permanent disability. If the supreme court imposes a suspension for 6misconduct, the suspension shall be without pay. The rules of the supreme court 7applicable to civil cases in the supreme court govern the review proceedings under 8this section. SB381,29Section 2. 757.95 of the statutes is amended to read: SB381,2,1510757.95 Temporary suspension by supreme court. The supreme court 11may, following the filing of a formal complaint or a petition by the commission, 12prohibit a judge or circuit or supplemental court commissioner from exercising the 13powers of a judge or circuit or supplemental court commissioner pending final 14determination of the proceedings. If the supreme court imposes a temporary 15suspension under this section, the suspension shall be without pay.
