AB 144

Under current law, the Judicial Commission (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 Wisconsin Supreme Court

(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.

This bill provides that, in cases where the supreme court is equally divided on

the question of appropriate discipline or action, the findings of fact, conclusions of

law, and recommendations of the panel of judges 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.