SB 425

In State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998), the Wisconsin

Supreme Court held that the Wisconsin Constitution requires a twelve-person jury

in all criminal cases and that the law providing for a six-person jury in misdemeanor

cases was unconstitutional.

This bill eliminates an inconsistency in current law governing the number of

jurors in a criminal case. The bill eliminates a provision that allows a six-person jury

in misdemeanor cases and provides that a jury in any criminal case shall consist of

12 persons, unless the parties agree to a smaller number and the court approves the

agreement.

Under current law, the clerk of circuit court for each county must keep a record

called "registers of officials" containing the names of circuit and supplemental court

commissioners, deputy sheriffs, notaries public, and municipal judges. Under this

bill, the clerk of circuit court is not required to keep the names of notaries public in

the registers of officials.

For further information, see the

Notes

provided by the Law Revision

Committee of the Joint Legislative Council.