SB 381

The Wisconsin Constitution authorizes the supreme court to reprimand, censure, suspend, or remove for cause or for disability any judge or justice pursuant to procedures established by the legislature by law. Under current law, the supreme court’s disciplinary authority also extends to court commissioners. The Judicial Commission currently is charged with investigating alleged misconduct or permanent disability of a judge, justice, or court commissioner (judge). Under current law, if the Judicial Commission finds probable cause that a judge has engaged or is engaging in misconduct, it files a formal complaint with the supreme court, and, if the Judicial Commission finds probable cause that a judge has a permanent disability, it files a petition with the supreme court. Under current law, after a formal complaint or petition is filed, the supreme court may temporarily suspend a judge pending final determination of the proceedings. The supreme court ultimately determines the appropriate discipline or action in each proceeding.

This bill specifies that, if the supreme court imposes a temporary suspension pending final determination of proceedings or imposes a suspension as a disciplinary sanction in a case of misconduct, the suspension must be without pay.