Legislative Watch
Judicial Council Deserves Funding, Staff
Wisconsin citizens would be better served by
establishing the uniqueness and independence of the Judicial Council,
and allowing it to function as intended.
by Marla J. Stephens
A LITTLE UNCLEAR ABOUT what the Judicial Council is or does? You're
probably not alone. While you may have never heard of it, chances are
that you have benefited from the Judicial Council's work since its
statutory creation in 1951.
The duties, powers, and structure of the Judicial Council, as defined
under section 758.13 of the Wisconsin Statutes, include reviewing and
recommending changes to the Wisconsin Legislature, supreme court, and
governor on the rules of pleading, practice, procedure of the courts,
and administration of justice throughout Wisconsin.
The Council also is charged with surveying the organization,
jurisdiction, administration, and operation of Wisconsin courts;
receiving and considering suggestions from any source pertaining to the
administration of justice; recommending to the legislature any changes
in the organization, jurisdiction, operation, and methods of conducting
the business of the court; and recommending to the supreme court, the
legislature, and the governor any changes in methods of conducting the
business of the court that "will improve the efficiency and
effectiveness of the court system and result in cost savings."
Until the 1995-96 state budget, the Judicial Council had been funded
as a distinct entity of state government. At that time, it lost its
staff of two, its budget was eliminated, and its functions rolled into
that of the Judicial Commission, a wholly different entity with
different responsibilities. Although fighting in subsequent years for a
small budget resulted in funding for members' travel and meeting
expenses, the Judicial Council's efforts to regain its staff were
rebuffed and it remains within the Judicial Commission.
If, perhaps, you are thinking that the Council's work is unnecessary
or that it can continue to function as is, think again. The work of the
Council has been important to the efficient and effective administration
of justice in Wisconsin for more than 50 years. Council members
contribute many hundreds of hours willingly and without compensation
because of their commitment and dedication to the Council's work. Too
much is being asked of them.
Wisconsin citizens are a direct beneficiary of the large-scale legal
projects undertaken by the Judicial Council at the request of the
legislative, executive, and judicial branches. Examples of legislation
and rules developed by the Judicial Council include Chapter 255, Laws
1969: Criminal Procedure Code; 1974 Supreme Court Rule: Evidence Code;
1975 Supreme Court Rule: Civil Procedure Code; Chapter 414, Laws 1975,
Administrative Procedure Act; 1978 Supreme Court Rule: Appellate
Procedure Code; Chapter 257, Laws 1979, Contempt of Court; Chapter 323,
Laws of 1979, Statutes of Limitation and Adverse Possession; Chapter
289, Laws of 1981, Extraordinary Remedies; Chapter 367, Laws of 1981,
Competency to Stand Trial; 1983 Wis. Act 228, Venue; 1985 Wis. Act 262,
Videotaped Testimony by Children; 1987 Wis. Act 86, Insanity Defense
Bifurcated Trials; 1987 Wis. Act 208, Small Claims Procedures; 1987 Wis.
Act 398, Restitution to Victims of Crime; 1987 Wis. Act 399, Homicide
Remodification; 1988 Supreme Court Rules, Telephone Proceedings; 1989
Wis. Act 334, Insanity Defense and Criminal Commitments; 1990 Supreme
Court Rules, Filing and Service by Facsimile; 1993 Wis. Act 80, Earnings
and Garnishment; 1994 Supreme Court Rules: Alternative Dispute
Resolution.
In recent years, additional projects have been completed due to the
commitment of the Council's 21 volunteer members. These projects include
small claims procedures revisions, jury standards revisions, guardian ad
litem continuing legal education requirements, revisions to garnishment
law, and use of alternative dispute resolution. Now the Council's
progress on other important projects - developing rules to expand the
use of audio and video conferencing in circuit courts, appellate
procedure revisions, criminal procedure code revision, consolidation of
provisions governing imposition of court sanctions, civil discovery
revisions, children's code discovery revisions, administrative hearings
and appeals procedural revisions - has become frustratingly slow because
of its lack of staff and funds.
In spite of these difficulties, the volunteer members of the Judicial
Council continue to be strongly committed to the charges and
responsibilities set out before them - to study, advise, analyze,
review, update, and recommend changes to the supreme court, legislature,
and the governor on the court system to promote a system that is usable
and efficient for Wisconsin citizens.
The State of Wisconsin would be wise to recognize the value the
Judicial Council provides to its citizens. We would all be better served
by reestablishing the uniqueness and independence of the Judicial
Council and allowing it to function as intended. It is a small financial
burden to bear, far exceeded by the benefits of the Council's
continuation.
Marla J. Stephens, Marquette 1981, is the Director of the Appellate
Division for the Wisconsin Public Defender. She is vice chair of the
Wisconsin Judicial Council, a member of the State Bar Appellate Practice
Section, and a member of the Milwaukee Bar Association's Bench and Bar
Committees on the Criminal Courts and the Court of Appeals.
Wisconsin Lawyer
