Wisconsin Lawyer: Wisconsin Lawyer August 1997: Supreme Court Orders:

Home > News & Publications > Wisconsin Lawyer > Article

August 01, 1997

Wisconsin Lawyer August 1997: Supreme Court Orders

Venue in Prisoner Cases

In the Matter of the Amendment of Supreme Court Rules: (Proposed) SCR 70.40 - Venue in Prisoner Cases

Order 96-14

The court held a public hearing April 15, 1997, on the petition of the Committee of Chief Judges requesting the creation of a rule of court administration to establish a procedure by which the most appropriate venue in prisoner conditions of confinement and grievance proceedings would be determined by the court to which the proceeding is submitted and if an evidentiary hearing is deemed likely to be required and a county other than where the proceeding was submitted appears more convenient for the parties and witnesses at that hearing, the court where the proceeding was submitted would send the case to the circuit court in the more convenient county. Pursuant to the proposed procedure, if the proceeding is sent to the court in another county, that court would determine the indigency of the prisoner and decide whether it states a claim upon which the court may grant relief.

The court has considered the petition, the presentation at the public hearing, and the materials filed with the court thereafter.

IT IS ORDERED that, effective the date of this order, SCR 70.40 is created to read:

SCR 70.40 Venue in incarcerated person cases.

(1) The clerk of circuit court shall use the incarcerated person case type designation to identify pleadings and papers submitted by any jail or prison inmate seeking to commence, prosecute or defend an action or proceeding under section 814.29(1) of the statutes if the pleadings and papers submitted appear to deal with the fact, duration or conditions of imprisonment or with other confinement matters not including criminal post-judgment issues related to conviction. The incarcerated person case designation is not intended to replace family, criminal or civil case type designations when those designations are appropriate.

(2) When pleadings and papers are designated an incarcerated person case, the court shall determine all of the following, based on the pleadings and papers submitted, in the following order:

(a) Whether the venue where the pleadings and papers are submitted is proper.

(b) Whether venue is also proper in another county.

(d) Whether another county where venue is proper is more convenient for the parties and the witnesses.

(3) If sub. (2) (b), (c) and (d) are all answered in the affirmative, the court on its own motion shall change venue to the more convenient county under section 801.52 of the statutes. The clerk of the circuit court shall forward the case to the clerk of circuit court in the more convenient county and shall give notice of that action to the parties. The court to which the case is forwarded shall determine indigency and whether the case presents a claim upon which the court may grant relief and shall issue an appropriate order under section 814.29(1) of the statutes.

(4) If the court to which the case is forwarded under sub. (3) believes an error has been made in the determination that venue is proper in that court, the court shall refer the matter to the chief judge of the district in which that court is located to resolve the matter.

(5) If the court to which the pleadings and papers are submitted or the court to which the case is forwarded determines that the case has merit and states a claim, defense or appeal upon which the court may grant relief, resolves any issues related to indigency or filing fees and orders the case commenced under section 814.29(1) of the statutes, the incarcerated person case shall be assigned a civil case type designation and number and shall proceed before the assigned judge.

IT IS FURTHER ORDERED that notice of this amendment of the Supreme Court Rules shall 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 2nd day of July, 1997.

By the court:

Cornelia G. Clark
Chief Deputy Clerk

Required Court Reporting

In the Matter of the Amendment of Supreme Court Rules: SCR 71.01 - Required Court

Order 96-17

The court held a public hearing May 6, 1997, on the proposal of the Committee of Chief Judges to repeal and recreate SCR 71.01 to specify that all proceedings in the circuit court must be reported except for proceedings before a court commissioner that may be reviewed de novo, any matter relating to scheduling, settlement conferences and pretrial conferences, and matters preceding the filing of a criminal complaint. The court has considered the presentations at the public hearing and the materials submitted in response to the proposal.

IT IS ORDERED that, effective Jan. 1, 1998, SCR 71.01 is repealed and recreated to read:

SCR 71.01 Reporting. (1) "Reporting" means making a verbatim record.

(2) All proceedings in the circuit court shall be reported, except for the following:

(a) A proceeding before a court commissioner that may be reviewed de novo;

(b) Settlement conferences, pretrial con

(3) The director of state courts shall develop guidelines for the use of alternative means of making a verbatim record and submit them to the supreme court for adoption as rules of judicial administration under SCR chapter 70.

Dated at Madison, Wis., this 10th day of June, 1997.

By the court:
Marilyn L. Graves, Clerk

Code of Judicial Conduct

In the Matter of the Amendment of the Supreme Court Rules: SCR Chapter 60 - Code of Judicial Conduct

Order 97-08

By order of March 7, 1997, the court amended the Code of Judicial Conduct - SCR Chapter 60 - to create the Judicial Conduct Advisory Committee and appointed that Committee's initial members, specifying initial terms for each. The court has considered it advisable to increase the membership of the Judicial Conduct Advisory Committee to include a court commissioner.

IT IS ORDERED that, effective the date of this order, sec. A(1) of the Appendix to the Code of Judicial Conduct, SCR Chapter 60, is amended to read:

(1) Membership. A judicial conduct advisory committee consisting of eight nine members appointed by the supreme court is created. Six members of the committee shall be selected from the judiciary of this state, one member shall be selected from the court commissioners serving the circuit court, one member shall be selected from attorneys licensed to practice law in this state, and one member shall be selected from the public. One judge member shall be a chief judge of a judicial administrative district, one judge member shall be a judge of the court of appeals, one judge member shall be a circuit judge on an urban area court, one judge member shall be a circuit judge on a rural area court, one judge member shall be a municipal judge, and one judge member shall be a reserve judge. Members shall serve for a term of three years and shall continue to serve until a successor is appointed, except that, to achieve staggered terms, two three of the members first appointed shall serve for one year, three members for two years, and three members for three years. A member may serve not more than two successive three-year terms. Appointments to fill a vacancy shall be for the balance of the term vacated. Members of the committee shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties.

Dated at Madison, Wis., this 18th day of June, 1997.

By the court:

Marilyn L. Graves, Clerk