Opinions
These documents contain the formal advisory opinions issued by the Judicial Conduct Advisory Committee established under Supreme Court Rules, Chapter 60, the Code of Judicial Conduct. The Advisory Committee renders opinions on the propriety of contemplated or proposed future conduct of judges under the Code of Judicial Conduct.
| Release date | Description | View |
|---|---|---|
| Mar 13, 2019 | OPINION 19-1: May a judge appear before the Legislature and testify on the issue of the compensation rate for criminal defense representation for the indigent when the State Public Defenders office must contract out cases to private counsel? | |
| Aug 19, 2015 | OPINION 15-1: May a judicial officer, because of his or her own religious or personal beliefs, decline to be the officiating person at the marriage of two persons of the same sex? | |
| Feb 26, 2013 | OPINION 13-1: May circuit court judges utilize legal research services of an attorney employed by the county who regularly practices before them? | |
| May 01, 2012 | OPINION 12-1: May a judge appoint his or her father as a supplemental court commissioner in the same county in which the judge presides? | |
| Nov 29, 2011 | OPINION 11-2R: May a judge accept an appointment to a military service academy panel? | |
| Oct 18, 2011 | OPINION 11-2: May a judge accept an appointment to a military service academy panel? | |
| Sep 22, 2011 | OPINION 11-1: Does the Wisconsin Code of Judicial Conduct prohibit a Wisconsin Circuit Court Judge from carrying a concealed weapon in the courthouse and courtroom? | |
| Aug 18, 2009 | OPINION 09-3: Must a judge recuse himself or herself from hearing the cases in drug court of participants who were admitted based upon charges issued while that judge served as the District Attorney, and, if so may the parties waive recusal? | |
| Jan 30, 2009 | OPINION 09-2: Does the State of Wisconsin Code of Judicial Conduct require a sitting judge to be subpoenaed to appear as a fact witness? | |
| Jan 30, 2009 | OPINION 09-1: Does a judge's participation in a "polar plunge" event with many participants and spectators "demean" his or her judicial office, within the meaning of the judicial code? [See opinion for other issue.] | |
| Dec 30, 2008 | OPINION 08-2: Is a judge required to recuse himself or herself from contested matters in which a party is represented by an attorney who was previously a member of a fraternal organization of which the judge was also a member and who, as a president of that local organization, signed the judge's daughter's application for a scholarship to an affiliated national organization, thereby verifying the legitimacy of the application? [See opinion for second issue.] | |
| May 22, 2008 | OPINION 08-1: May a judge serve as a "greeter" at an election polling place? | |
| Oct 01, 2007 | OPINION 07-2: May a Circuit Court Judge continue as a shareholder, officer, or member of the Board of Directors of a closely held corporation which, as part of its business activities, owns commercial property which it leases as office space to a law firm whose attorneys are likely to come before the judge's Court? [See opinion for second issue] | |
| Jul 18, 2007 | OPINION 07-1: May a part time municipal court judge simultaneously serve as a sheriff's deputy for the county within which the municipality lies? | |
| Oct 25, 2006 | OPINION 06-2: May a judge handle cases where the judge's son was in charge of or a part of an investigation which resulted in the issuance of citations and/or charges? | |
| Oct 24, 2006 | OPINION 06-1R: May a judge publicly express a personal opinion as to the fairness, efficacy and wisdom of the death penalty which is the subject of an advisory referendum being presented to the citizens of Wisconsin? | |
| Oct 02, 2006 | OPINION 06-1: May a judge publicly express a personal opinion as to the fairness, efficacy and wisdom of the death penalty which is the subject of an advisory referendum being presented to the citizens of Wisconsin? | |
| Aug 01, 2005 | OPINION 05-2: May a judge serve as an election official? | |
| Mar 10, 2005 | OPINION 05-1: May a judge's image, name, and title be featured on a billboard as part of an advertising campaign by one of the University of Wisconsin System campuses? | |
| Jun 15, 2004 | OPINION 04-1: May a part-time municipal judge have an "of counsel" relationship with a law firm that has an existing "of counsel" relationship with the municipal attorney whose job responsibilities include the prosecution of municipal ordinance cases before the judge? | |
| Mar 22, 2004 | OPINION 03-1: Is a judge required, after a contested election, to recuse himself or herself from contested matters involving a former campaign manager? | |
| Mar 15, 2003 | OPINION 02-2: May a judge lease space to a lawyer who is likely to appear before the judge? May a judge share a common employee with a lawyer who is likely to appear before the judge? | |
| Feb 21, 2003 | OPINION 02-1: May a judge who handles juvenile matters on a rotating basis serve as a mentor to a juvenile who has been diverted out of the court system into an alternative program? | |
| Sep 19, 2002 | OPINION 01-3: May a circuit court judge serve as a panel member on a Wisconsin State Bar Fee Arbitration Panel? | |
| Mar 20, 2002 | OPINION 01-2: Does a marriage between a court reporter and an assistant district attorney require disclosure of that relationship to all litigants in all matters when the assistant district attorney appears in the court to which the court reporter is assigned? | |
| Jan 08, 2002 | OPINION 00-5: May a reserve judge serve as president of a civic, non-profit organization, a substantial part of whose mission is to advocate social goals through litigation and legislative action? | |
| Jan 08, 2002 | OPINION 01-1: May a judge serve on a County Community Correction Advisory Board? | |
| Jul 31, 2001 | OPINION 00-4: May a judge testify at a Canadian administrative tribunal hearing on behalf of an interest group which seeks a binding administrative rule declaring that the Canadian Human Rights Act applies to the Canadian judiciary? | |
| Jul 31, 2001 | OPINION 00-3: Must a judge who formerly was the corporation counsel in charge of the county's child support agency recuse himself or herself in child support cases? | |
| Jan 18, 2001 | OPINION 00-2: May a judge sign the nominating petition of a partisan candidate for office? | |
| Jan 18, 2001 | OPINION 00-1: May a judge hear cases in which attorneys from the law firm in which the judge's niece practices represent litigants before the judge? | |
| Mar 08, 2000 | OPINION 99-5: May a judge purchase common stock of a Wisconsin corporation that could be involved in future litigation before the court in which the judge serves? | |
| Oct 29, 1999 | OPINION 99-4: May a circuit court judge serve as an appointed member of a city library board? | |
| Apr 14, 1999 | OPINION 99-2: May a circuit court judge perform in an ecumenical Easter program? | |
| Apr 14, 1999 | OPINION 99-3: May a cir. ct. judge serve on the editorial bd. of Wis. Opinions, a wkly. newspaper devoted to the publ. of the appellate opins. of the WI Sup. Ct., the WI Ct. of Appeals, U.S. Dist. Ct., U.S. Seventh Cir., WI trial cts. and news to bench and bar? | |
| Jan 29, 1999 | OPINION 99-1: May a full-time municipal judge serve as a neutral third person, without pay, if appointed by a circuit court judge? | |
| Nov 23, 1998 | OPINION 98-12: Is selling fruit door-to-door to raise money for a charitable organization a de minimis activity? | |
| Nov 23, 1998 | OPINION 98-13: May a judge meet in chambers with a representative of a special interest group without violating the Code of Judicial Ethics? | |
| Nov 18, 1998 | OPINION 98-10R: May a judge or the judge's staff attend a holiday party given by a law firm some of whose members appear before the judge? | |
| Sep 23, 1998 | OPINION 98-11: May a part-time municipal judge provide services for hire in a private business as a neutral third person? | |
| Jul 09, 1998 | OPINION 98-9: May a full-time court commissioner serve for hire as a neutral third person? | |
| Jun 09, 1998 | OPINION 98-6: May a former judge serve both as a reserve judge and provide services for hire in a private business as a neutral third person? | |
| May 21, 1998 | OPINION 98-8: May judges wear their robes in church at a St. Thomas More Lawyers Society "Red Mass"? | |
| May 08, 1998 | OPINION 98-7: May a judge, without the use of the judge's letterhead, solicit non-lawyer friends and neighbors for contributions, ranging from $25 to $100, to a charity bicycle ride? | |
| May 08, 1998 | OPINION 97-6R: REVISED - May a former judge who currently serves as a reserve judge, use the title "judge," designation "reserve judge," or be pictured in judicial robes in advertising services for hire as a mediator or arbitrator? | |
| Apr 20, 1998 | OPINION 98-5: May a judge, as a volunteer for an organization which distributes left-over food to shelters, community meal programs and food pantries, seek donations of food from restaurants located in the courthouse and state office buildings? | |
| Feb 19, 1998 | OPINION 98-4: May a judge serve as a member of the bd of dir of a state univ ext foundation committee whose purpose is to promote development of the university's cty center and to improve the quality of student life at the center? | |
| Feb 19, 1998 | OPINION 98-1: May a judge participate as a celebrity judge in a fund-raising event for a charitable organization? | |
| Feb 19, 1998 | OPINION 98-2: May a court commissioner conducting initial appearances in crim., small claims, civil traffic and forfeiture cases also act as counsel in small claims and as a prosecutor in municipal traffic and forfeiture cases that are processed through the same court? | |
| Feb 19, 1998 | OPINION 98-3: May a judge participate in writing the script for and performing in a skit to raise money for a charitable organization? | |
| Jan 27, 1998 | OPINION 97-7: May a candidate for judicial office solicit campaign funds from close friends and others? | |
| Nov 19, 1997 | OPINION 97-5: May a judge act as an overseer for a local union's election of officers? | |
| Oct 06, 1997 | OPINION 97-1R: May a judge sell his photographic art work for profit at a public event? | |
| Sep 18, 1997 | OPINION 97-3: Must a judge testify when subpoenaed? | |
| Sep 18, 1997 | OPINION 97-4: May a newly-elected judge lease office space to a lawyer as part of an agreement between the judge and the lawyer for the purchase of the judge's law practice? | |
| Jul 28, 1997 | OPINION 97-2: To what extent, if any, may a full-time court commissioner assist a spouse in hosting a political fund-raising activity in their home? |