Supreme Court Orders

The Wisconsin Supreme Court will hold a public hearing regarding the creation and use of forms in the circuit courts on Sept. 17 at 1:30 p.m. in the Supreme Court Room in the State Capitol, Madison, Wis. The court also has issued orders regarding judicial court commissioners and the supreme court internal operating procedures.

Judicial Court Commissioners

In the Matter of the Amendment of Supreme Court Rules: SCR 70.36(5);
(proposed) SCR Chapter 75 - Appointment, Performance Evaluation,
Continuing Education, Discipline and Decisions of Judicial Court
Commissioners

Order 97-10

On March 9, 1998, the court amended SCR 70.36 and created SCR chapter 75, effective July 1, 1998, to provide for the appointment, performance evaluation, continuing education, and discipline of judicial court commissioners and to establish time periods for decisions of judicial court commissioners, a procedure for extending the time for those decisions, the monthly reporting of matters pending decision, and sanctions for violations of those provisions. On June 22, 1998, the Committee of Chief Judges and the Wisconsin Records Management Committee brought to the court's attention a number of concerns with those rules. In order that the court have sufficient time to consider those concerns and take appropriate action in response to them, it is necessary that the amended rules not go into effect July 1, 1998. The court will make any further amendments as needed in order that SCR chapter 75 may go into effect Jan. 1, 1999.

IT IS ORDERED that the amendment of SCR 70.36(5) and the creation of SCR chapter 75 adopted March 9, 1998, do not become effective July 1, 1998, and the matter is held in abeyance pending further order of the court.

IT IS FURTHER ORDERED that a copy of this order shall be published in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 29th day of June, 1998.

By the court:
Cornelia G. Clark, Chief Deputy Clerk

Use of Forms in the Circuit Courts

In the Matter of the Amendment of the Rules of Civil and Criminal
Procedure: Wis. Stat. §§ 801.02(8), 971.025(1), (2), (3) and (4) -
Relating to the Creation and Use of Forms in the Circuit Courts

Amended order 98-01

On June 11, 1998, the Director of State courts, on behalf of the Wisconsin Records Management Committee, filed an amended petition seeking the creation of Rules of Civil and Criminal Procedure requiring the Wisconsin Judicial Conference to develop standard court forms for mandatory use in civil and criminal actions in the circuit court and in any other court as the Wisconsin Supreme Court or the Legislature may direct, unless an agency has statutory authority for the development of a form. As amended, the proposed rules would permit a party or a court official to delete unnecessary portions of forms according to rules established by the Judicial Conference and to supplement the mandatory forms with additional material. Further, a party's failure to use the mandatory form or follow the format rules would not constitute a reason to dismiss a case, refuse a filing, or strike a pleading, although the party would be required to submit a corrected pleading, and the court could impose terms.

IT IS ORDERED that a public hearing on the amended petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on Sept. 17, 1998, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the amended petition in the official state newspaper once each week for three consecutive weeks and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.

IT IS FURTHER ORDERED that the court's order of May 6, 1998, directing publication of the petition filed April 27, 1998, is vacated.

Dated at Madison, Wis., this 15th day of June, 1998.
By the court: Marilyn L. Graves, Clerk

Amended petition

The Director of State Courts, for and on the recommendation of the Wisconsin Records Management Committee, hereby petitions the Court to create the following rules of civil and criminal procedure pursuant to § 757.12 as follows:

1.801.02(8) is created to read:

801.02(8) Forms. (a) The Judicial Conference shall be responsible for the development of standard court forms for mandatory use by parties and any court official in all civil actions in the circuit courts and any other court for which the Supreme Court or Legislature may direct unless an agency has specific statutory authority for the development of a form.

(b)A party or court official may delete unnecessary portions of the forms according to the rules established by the Judicial Conference. A party or court official may supplement the mandatory forms with additional material.

(c)A party's failure to use the mandatory form or follow the format rules shall not be a reason to dismiss a case, refuse a filing, or strike a pleading. However, the court shall require the party to submit a corrected pleading and may impose terms payable to the opposing party or payable to the court, or both.

(d)If the Judicial Conference has not created a standard court form for the action or pleading undertaken by the party or court official, the party or court official may utilize a format consistent with any statutory or court requirement for such action or pleading.

2.971.025(1) is created to read:

971.025(1) Forms. The Judicial Conference shall be responsible for the development of standard court forms for mandatory use by parties and any court official in all criminal actions in the circuit courts and any other court for which the Supreme Court or Legislature may direct unless an agency has specific statutory authority for the development of a form.

3.971.025(2) is created to read:

971.025(2) A party or court official may delete unnecessary portions of the forms according to the rules established by the Judicial Conference. A party or court official may supplement the mandatory forms with additional material.

4.971.025(3) is created to read:

971.025(3) A party's failure to use the mandatory form or follow the format rules shall not be a reason to dismiss a case, refuse a filing, or strike a pleading. However, the court shall require the party to submit a corrected pleading and may impose terms payable to the opposing party or payable to the court, or both.

5.971.025(4) is created to read:

971.025(4) If the Judicial Conference has not created a standard court form for the action or pleading undertaken by the party or court official, the party or court official may utilize a format consistent with any statutory or court requirement for such action or pleading.

Respectfully submitted this 8th day of June, 1998.
J. Denis Moran, Director of State Courts

Supreme Court Internal Operating Procedures

In the Matter of the Amendment
of the Supreme Court Internal Operating Procedures

Order 98-03

The court, on its own motion, has considered the advisability of amending its Internal Operating Procedures concerning its opinions.

IT IS ORDERED that, effective the date of this order, II. G. of the Wisconsin Supreme Court Internal Operating Procedures is amended to read:

G. Opinion

Opinions are considered at scheduled conferences at which the court discusses and approves opinions prepared and previously circulated by the justices. The author of an opinion circulates the proposed opinion at least seven calendar days prior to the conferencing of the opinion. Any objections or suggestions to be made by a justice agreeing with the majority are submitted in writing to the author, with copies to all justices, at least three calendar days prior to the conference. At or prior to the conference, any justice may ask that an opinion be held for a subsequent conference.

The court votes on its opinions at this conference. The court considers each opinion carefully as to language and substance, and if there are any changes to be made that are of more than minimal importance, the opinion is recirculated and reconferenced. Any justice, whether or not in the majority or not, may at any time prior to the issuance of the mandate ask that the opinion be held and reconferenced.

Each justice who elects to write an opinion concurring in or dissenting from the court's opinion ordinarily announces that intention at opinion conference and, if possible, circulates that opinion prior to opinion conference. It is the duty of the author of a concurring or dissenting opinion and of a justice who has asked that an opinion be held to give first priority to the concurring or dissenting opinion and to the opinion being held. Justices are to circulate concurring or dissenting opinions and remove the hold of any opinion they have requested before circulating opinions in cases assigned to them.

IT IS FURTHER ORDERED that notice of this amendment of the Supreme Court Internal Operating Procedures be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 22nd day of June, 1998.
By the court: Marilyn L. Graves, Clerk

Wisconsin Lawyer