Chapter 950

950.09 950.09 Crime victims rights board.

950.09(1) (1) In this section, “board” means the crime victims rights board.

950.09(2) (2) At the request of one of the involved parties, the board may review a complaint made to the department under s. 950.08 (3) regarding a violation of the rights of a crime victim. A party may not request the board to review a complaint under this subsection until the department has completed its action on the complaint under s. 950.08 (3). In reviewing a complaint under this subsection, the board may not begin any investigation or take any action specified in pars. (a) to (d) until the board first determines that there is probable cause to believe that the subject of the complaint violated the rights of a crime victim. Based on its review of a complaint under this subsection, the board may do any of the following:

950.09(2)(a) (a) Issue private and public reprimands of public officials, employees or agencies that violate the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.

950.09 Note NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (a) to be unconstitutional as applied to judges.

950.09(2)(b) (b) Refer to the judicial commission a violation or alleged violation by a judge of the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.

950.09(2)(c) (c) Seek appropriate equitable relief on behalf of a victim if such relief is necessary to protect the rights of the victim. The board may not seek to appeal, reverse or modify a judgment of conviction or a sentence in a criminal case.

950.09 Note NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (c) to be unconstitutional as applied to judges.

950.09(2)(d) (d) Bring civil actions to assess a forfeiture under s. 950.11. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed upon between the parties. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county in which the violation is alleged to have occurred.

950.09 Note NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (d) to be unconstitutional as applied to judges.

950.09(3) (3) In addition to its powers under sub. (2), the board may issue reports and recommendations concerning the securing and provision of crime victims rights and services.

950.09 Note NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held sub. (3) to be unconstitutional as applied to judges.

950.09(4) (4) Actions of the board are not subject to approval or review by the attorney general.

950.09(5) (5) The board shall promulgate rules establishing procedures for the exercise of its powers under this section.

950.09 History History: 1997 a. 181.

950.09 Cross-reference Cross-reference: See also s. CVRB 1.01, Wis. adm. code.

950.09 Annotation By its plain text, a “reprimand” of a judge under sub. (2) (a) would usurp the supreme court’s authority to reprimand under the Wisconsin Constitution by declaring a judge’s conduct improper through a formal adjudicatory process. While the court’s constitutional judicial discipline power does not expressly include authority to assess a forfeiture or impose an equitable remedy, as sub. (2) (c) and (d) permit, allowing the legislature to create an executive board with the power to penalize or enjoin official judicial action would be anathema to the judicial independence preserved by the separation of governmental powers under the Wisconsin Constitution. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.

950.09 Annotation By subjecting a circuit court judge to quasi-judicial proceedings under this section, issuing a decision that bore the imprimatur of disciplinary authority, and concluding that the judge violated a victim’s statutory and constitutional rights as a matter of law, the crime victims rights board intruded on the supreme court’s exclusive authority to reprimand judges. Therefore subs. (2) (a), (c), and (d) and (3) and s. 950.11 cannot constitutionally apply to judges because those sections invade 2 exclusive aspects of judicial authority: the judicial power vested in the unified court system and the disciplinary function vested in the court. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.

950.095 950.095 Confidentiality of complaints.

950.095(1) (1) 

950.095(1)(a) (a) The records of the department relating to a complaint made under s. 950.08 (3) are confidential unless the subject of the complaint waives the right to confidentiality in writing to the department.

950.095(1)(am) (am) Before a finding of probable cause under s. 950.09 (2), a complaint referred to the crime victims rights board under s. 950.09 (2) is confidential unless the subject of the complaint waives the right to confidentiality in writing to the crime victims rights board.

950.095(1)(b) (b) If a complaint becomes known to the public before the completion of action by the department under s. 950.08 (3) or a finding of probable cause by the crime victims rights board under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, may issue statements in order to confirm that a complaint has been made or is being reviewed, to clarify the procedural aspects of actions taken under ss. 950.08 (3) and 950.09 (2), to explain the right of the subject of the complaint to respond to the complaint, to state that the subject of the complaint denies the allegations, if applicable, to state that action under ss. 950.08 (3) and 950.09 (2) has been completed and no basis for the complaint was found or to correct public misinformation.

950.095(1m) (1m) In investigating a complaint made under s. 950.08 (3) or being reviewed under s. 950.09 (2), the department or the crime victims rights board, whichever is applicable, shall do all of the following:

950.095(1m)(a) (a) Act to avoid unnecessary embarrassment to and publicity for the subject of the complaint.

950.095(1m)(b) (b) Request any person contacted for information not to disclose that an investigation is being conducted or the nature of any inquiries made by the department or the crime victims rights board.

950.095(2) (2) This section does not preclude the department or the crime victims rights board from doing any of the following:

950.095(2)(a) (a) Informing the person who made the complaint of the outcome of any action by the department or review by the crime victims rights board.

950.095(2)(b) (b) Referring to the judicial commission information relating to alleged misconduct by or an alleged disability of a judge or court commissioner.

950.095(2)(c) (c) Referring to an appropriate law enforcement authority information relating to possible criminal conduct or otherwise cooperating with a law enforcement authority in matters of mutual interest.

950.095(2)(d) (d) Referring to an attorney disciplinary agency information relating to the possible misconduct or incapacity of an attorney or otherwise cooperating with an attorney disciplinary agency in matters of mutual interest.

950.095(2)(e) (e) Disclosing to the chief justice or director of state courts information relating to matters affecting the administration of the courts.

950.095 History History: 1997 a. 181.

950.095 Cross-reference Cross-reference: See also s. CVRB 1.01, Wis. adm. code.

950.10 950.10 Limitation on liability; grounds for appeal.

950.10(1) (1) No cause of action for money damages may arise against the state, any political subdivision of the state or any employee or agent of the state or a political subdivision of the state for any act or omission in the performance of any power or duty under this chapter or under article I, section 9m, of the Wisconsin constitution or for any act or omission in the performance of any power or duty under ch. 938 relating to the rights of, services for or notices to victims.

950.10(2) (2) A failure to provide a right, service or notice to a victim under this chapter or ch. 938 or under article I, section 9m, of the Wisconsin constitution is not a ground for an appeal of a judgment of conviction or sentence and is not grounds for any court to reverse or modify a judgment of conviction or sentence.

950.10 History History: 1997 a. 181.

950.105 950.105 Standing. A crime victim has a right to assert, in a court in the county in which the alleged violation occurred, his or her rights as a crime victim under the statutes or under article I, section 9m, of the Wisconsin Constitution. This section does not preclude a district attorney from asserting a victim’s statutory or constitutional crime victim’s rights in a criminal case or in a proceeding or motion brought under this section.

950.105 History History: 2011 a. 283.

950.11 950.11 Penalties. A public official, employee or agency that intentionally fails to provide a right specified under s. 950.04 (1v) to a victim of a crime may be subject to a forfeiture of not more than $1,000.

950.11 History History: 1997 a. 181.

950.11 Note NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held this section to be unconstitutional as applied to judges.

950.11 Annotation By subjecting a circuit court judge to quasi-judicial proceedings under s. 950.09, issuing a decision that bore the imprimatur of disciplinary authority, and concluding that the judge violated a victim’s statutory and constitutional rights as a matter of law, the crime victims rights board intruded on the supreme court’s exclusive authority to reprimand judges. Therefore this section and s. 950.09 (2) (a), (c), and (d) and (3) cannot constitutionally apply to judges because those sections invade 2 exclusive aspects of judicial authority: the judicial power vested in the unified court system and the disciplinary function vested in the court. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.