AB 404

This bill provides that, in cases where the Wisconsin Supreme Court is equally

divided on a matter of judicial discipline or permanent disability, the findings of fact,

conclusions of law, and recommendations of the panel of judges that heard the matter

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.

Under current law, the Judicial 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 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.