AJR 128

Article VII, section 11, of the Wisconsin Constitution, provides that justices and

judges are subject to reprimand, censure, suspension, or removal for cause or for

disability by the supreme court pursuant to procedures established by the

legislature. Article VII, section 4 (3), of the Wisconsin Constitution, prohibits the

temporary appointment of a court of appeals judge or circuit court judge to the

supreme court.

This proposed constitutional amendment, proposed to the 2011 legislature on

first consideration, requires that the supreme court assign on a temporary basis a

court of appeals judge to aid in the proper disposition of judicial disciplinary

proceedings in the supreme court to provide an odd number of justices for the

consideration of the proceedings. The person assigned must be the most senior court

of appeals judge eligible to be assigned.

Under current statutory law, the judicial commission is charged with

investigating the alleged misconduct or permanent disability of a judge. If the

judicial commission finds probable cause that a judge is engaging or has engaged in

misconduct, it files a formal complaint with the supreme court. If the judicial

commission finds probable cause that a judge has a permanent disability, it files a

petition with the supreme court [s. 757.85, stats.].

After the judicial commission finds probable cause of misconduct or permanent

disability and before it files a complaint or petition, the matter is heard by a panel

consisting of either three court of appeals judges or two court of appeals judges and

one reserve judge or by a jury. The supreme court reviews the findings of fact,

conclusions of law, and recommendations submitted following the hearing and

determines appropriate discipline or action [ss. 757.87 and 757.91, stats.].

This amendment was prepared for the Joint Legislative Council's Special

Committee on Judicial Discipline and Recusal.

A constitutional amendment requires adoption by two successive legislatures,

and ratification by the people, before it becomes effective.