AJR 89

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.

This constitutional amendment, proposed to the 2015 legislature on first

consideration, provides that a supreme court justice is subject to discipline by a panel

of three court of appeals judges, rather than the supreme court. The supreme court

appoints the panel of court of appeals judges by seniority.

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 2010 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.