SCR CHAPTER
70
RULES OF JUDICIAL ADMINISTRATION
JUDICIAL
COUNCIL COMMITTEE'S NOTE, 1979: The
following rules, called the rules of judicial administration, govern court
administration at the state and local level. Rules 1 to 18 and 27 to 34 were
originally adopted by the supreme court on October 30, 1978, effective
immediately. Rules 19 to 26 were originally adopted by the supreme court on February
19, 1979, effective immediately. Rule 35 was originally adopted by the supreme
court on March 30, 1979, effective May 15, 1979. The rules were originally numbered 1 to 35 and have been
clarified and numbered SCR 70.01 to 70.34 for uniformity and convenience. Rule
35 is now SCR 70.23(3). SCR 70.15 was amended on September 4, 1979, effective
immediately.
SCR 70.01 Director;
responsibility and authority.
(1) The director of state courts shall be the
chief nonjudicial officer of the court system in the state. The director shall
be hired by and serve at the pleasure of the supreme court, under the direction
of the chief justice. The director shall have authority and responsibility for
the overall management of the unified judicial system.
(2) The director shall have specific
responsibility and authority: (a) For all state level court
personnel, including hiring, separation and salary establishment, except the
personal staffs of the supreme court justices and of the court of appeals
judges.
(b) For the development of the budget for the
court system.
(c) For legislative liaison and public
information.
(d) For the court information system.
(e) For judicial education.
(f) For interdistrict judicial assignments at the
circuit level.
(g) For planning and research for the court
system.
(3) The director shall serve as advisor to the
supreme court, particularly on matters relating to improvements within the
system, and shall exercise control over fiscal affairs, space allocation and
equipment.
(4) The director of state courts may require each
judge to verify and certify vouchers for the judge, his or her reporter and any
assistant reporters and, in certifying such salaries and expenses to the
department of administration, may rely on the certifications received by the
judges.
SCR 70.02 Director;
personnel.
The
director of state courts shall have personnel responsibility and authority,
including hiring and separating employees and salary establishment over all
state level court personnel except the assistant to the chief justice of the
supreme court and the assistant to the chief judge of the court of appeals; law
clerks, staff attorneys and secretaries to the justices of the supreme court
and judges of the court of appeals. The chief justice and chief judge of the
court of appeals shall appoint staff attorneys for their respective courts. The
justices and judges of the court of appeals shall appoint their own law clerks
and secretaries. The director of state courts may hire assistant court
reporters on a per diem basis to report in circuit court as needed. The
director of state courts shall perform personnel functions relating to
recruitment, payroll and other standard procedures for all nonjudicial state
court personnel, including those persons not subject to the hiring and
separation authority of the director.
SCR 70.03 Director;
budget.
The
director of state courts shall have the responsibility and authority for
development of the budget for the court system for submission to the supreme
court for final approval.
SCR 70.04 Director;
information system and statistics.
The
director of state courts shall have the responsibility and authority over the court
information system for the entire court system, including the collection,
compilation and utilization of judicial statistics.
SCR 70.05 Director;
public information; liaison.
The
director of state courts shall have the responsibility and authority for
legislative liaison and public information.
SCR 70.06 Director;
judicial education.
The
director of state courts shall have the responsibility and authority for the
general program supervision of judicial education, including the hiring and separation
of staff.
SCR 70.07 Director;
staff.
The
director of state courts shall have the responsibility and authority to provide
staffing and staff work for all advisory committees to the supreme court and
the chief justice. The director of state courts shall have the responsibility
and authority to develop initiatives for planning and research for the court
system.
SCR 70.08 Committee
appointments.
The chief
justice shall have the authority for appointments to state level judicial
committees. The director of state courts shall provide and direct the staffing
of the committees.
SCR 70.09 Office of
lawyer regulation and board of bar examiners; staff.
The
office of lawyer regulation and board of bar examiners shall be authorized to
appoint their own staffs subject to budgetary restrictions and within
established court personnel policies, utilizing administrative services, such
as recruitment and payroll, of the office of the director of state courts.
SCR 70.10 Director;
assignments.
The director
of state courts shall have the responsibility and authority regarding the
assignment of reserve judges and the interdistrict assignment of active judges
at the circuit court level where necessary to the ordered and timely
disposition of the business of the court.
SCR 70.11 Personnel
procedures and policies.
(1) Nonjudicial state court employees shall be
subject to a personnel manual, developed by the director of state courts to be
consistent with pertinent state statutory requirements, which establishes basic
and uniform policies. The manual shall
include generally uniform policies for:
(a) Vacation and other leave situations. All
circuit judges are entitled to 25 working days of vacation per year.
(b) Overtime and compensatory time.
(c) Fringe benefits.
(d) Promotion and position designation.
(e) Merit or other performance awards.
(f) Recruitment and hiring procedures.
(g) Employee evaluations.
(h) Salary determination and pay ranges.
(i) An appeal procedure for personnel grievances.
(2) A manual shall be prepared setting out
uniform vacation and other leave policies for judges.
(3) There are staff positions in the judicial
branch which are substantially equivalent to positions in the classified
service. Such employees should receive pay, benefits and promotional
opportunities comparable to employees in the civil service.
SCR 70.12 Budget
procedures and policies.
(1) The basic components of the budget process
for the judicial branch shall include:
(a) The judicial branch, to the extent possible,
will meet the same budget development and preparation deadlines as are required
of state agencies.
(b) The judicial branch, to the extent
practicable, will submit the same narrative portion of the budget as is
required of state agencies.
(c) There shall be an internal budget request and
review procedure during the preparation of each biennial budget which
involves:
1. A budget procedural and policy direction
memorandum by the chief justice directed to all heads of judicial agencies
under the supervision of the supreme court. This should be sent out by June 30
of every even‑numbered year.
2. A procedure requiring justification of
existing programs and positions as well as new programs and positions.
3. A review of all requests from all components
of the judicial branch by the director of state courts and a final decision by
the director.
4. A review by the chief justice and the supreme
court of the director's recommendation.
5. Appeal to the supreme court of the director's
decision only by the chief judge of the court of appeals, chief judges of
judicial administrative districts and office of lawyer regulation and board of
bar examiners.
6. A system of deadlines for each step in the
judicial budget preparation process.
(2) A process for public hearings may be
established for requests for additional courts. A process for public hearings
for major new programs or budget initiatives may be developed.
(3) The chief justice, with the assistance of the
director of state courts, shall be responsible for the presentation of the
biennial budget of the judicial branch to the joint committee on finance.
(4) The judicial branch shall establish a regular
independent audit procedure.
SCR 70.13 Director;
court information system.
The
director of state courts shall:
(1) Define in detail the purpose and use of the
information presently gathered by the system, and identify the needs of the
users of the system, including the other branches of government.
(2) Eliminate all information elements not
essential to the purpose and use of the system.
(3) Establish uniform definitions and reporting
procedures.
(4) Identify the principal users of the reports
and establish a regular review procedure.
SCR 70.14 Planning
and policy advisory committee.
(1) The planning and policy advisory committee
shall consist of:
(a) The chief justice of the supreme court, or
such other justice as the supreme court may designate.
(b) One judge of the court of appeals selected by
the court of appeals.
(c) Thirteen circuit judges, with one judge
elected by the judges of each of judicial administrative districts 2 to 4 and 6
to 10, with 2 judges elected by the judges of judicial administrative district
5 and 3 judges elected by the judges of judicial administrative district 1.
(d) One municipal judge elected by the Wisconsin
Municipal Judges Association.
(e) Two persons selected by the board of
governors of the state bar.
(f) Three nonlawyers, one of whom shall be an
elected county official, appointed by the chief justice.
(g) A public defender appointed by the chief
justice.
(h) A court administrator appointed by the chief
justice.
(i) A prosecutor appointed by the chief justice.
(j)
A clerk of court appointed
by the chief justice.
(k)
One circuit court
commissioner, who shall be selected for a three-year term, the selection to be
made alternately, first by the Wisconsin Family Court Commissioners
Association, then by the Wisconsin Association of Judicial Court Commissioners.
(2) The chief justice, or his or her designee,
will act as chairperson of the planning and policy advisory committee. The chairperson shall appoint an existing
judicial member of the planning and policy advisory committee to serve as
vice-chairperson. The vice-chairperson
will act in a leadership capacity in the absence of the chairperson and will
serve in this capacity at the discretion of the chairperson.
(3) The director of state courts shall meet with
and participate in the deliberations of the committee. The director shall have
full floor privileges, including the right to be an advocate on any issue
before the committee. The director shall not be a member of the committee and
shall not have a vote on matters before the committee.
(4) The purpose of the planning and policy
advisory Committee is to advise the supreme court and the director of state
courts in the director's capacity as planner and policy advisor for the
judicial system. The committee shall also assist the supreme court and the
director in evaluating the administrative structure of the court system,
including recommending appropriate changes in the administration and methods of
operations of all the courts of the state, the volume and condition of business
in those courts, and advise on the expeditious handling of judicial matters in
the future. The planning and policy advisory committee shall be kept fully and
timely informed by the director of state courts about all budgetary matters
affecting the judiciary to allow it to participate in the budget process.
(5) The committee shall meet at the call of its
chairperson, but shall meet at least quarterly. The agenda shall include
reports from and recommendations by the subcommittees. Staffing for the
committee shall be provided by members of the director's staff assigned to
subject matter areas under consideration by the committee.
(6) The planning and policy committee is
authorized to create subcommittees where appropriate and shall appoint a
subcommittee to confer with the supreme court and the director of state courts
in the court's review of the budget.
(7) The supreme court shall meet with the
planning and policy advisory committee on an annual basis for a full discussion
of judicial matters of mutual concern.
SCR 70.15 Judicial
conference.
(1) There is constituted the judicial conference
of Wisconsin, which consists of the justices of the supreme court, the judges
of the court of appeals, the judges of the circuit court, reserve judges, three
municipal court judges designated by the Wisconsin municipal judges
association, one circuit court commissioner designated by the family court
commissioner association, one circuit court commissioner designated by the
judicial court commissioner association, and one judicial representative of a
non-Public Law 280 tribal court and two judicial representatives of Public Law
280 tribal courts designated by the Wisconsin tribal judges association.
(2) The conference shall meet once each year in
regular session and may call any special meeting.
(3) The chief justice shall preside at annual and
special meetings of the conference, or, in his or her absence, the senior
associate justice present shall preside, unless the agenda otherwise provides.
(4)
The judicial conference
may divide into functional sections and create subcommittees to study advised
topics.
SCR
70.153 Judicial conference, forms.
(1) The court forms that the judicial conference is required to adopt under s. 758.18, stats., shall be developed by the records management committee, an advisory committee to the director of state courts office.
(2) Under article VIII of the bylaws of the judicial conference, the judicial members of the records management committee act on behalf of the judicial conference in the adoption of court forms.
(3) Each court form shall include a notice that the form may be supplemented with additional material.
(4)(a) Upon adoption of a court form, the records management committee shall distribute or make a copy of the form available to the clerks of circuit court, the circuit court judges, the state bar of Wisconsin and other appropriate persons.
(b)
Within 90 days after the date of distribution of a standard court form adopted
under s. 758.18(1), stats., an interested person may file with the records
management committee a written objection to the mandatory use of the form, to
the content of the form or to both the use and the content.
(c)
The records management committee shall respond to the objector under par. (b)
in writing within 90 days after receipt of the objection.
(d)
Within 30 days after the date on which he or she receives the written response
of the records management committee to an objection filed under par. (b), the
person filing the objection may file with the clerk of the supreme court a
petition for review of the decision of the records management committee. The
supreme court may request a response from the records management committee and
establish a schedule for submission of the matter to the supreme court for
determination.
(5) Any voluntary form adopted under s.
758.18 (2), if properly completed, shall be received for filing or other
appropriate action by the circuit court. If a clerk of circuit court
distributes voluntary forms, the clerk shall use forms adopted under s. 758.18
(2), stats., whenever they are available for that purpose.
COMMENT
The amendments to
SCR 70.153 made pursuant to this order reflect the authority of the judicial
conference, acting at the request of the director of state courts, to adopt forms created for voluntary use by
self-represented litigants in the circuit court as provided in s. 758.18 (2),
stats.
SCR 70.155 Translation
of court forms.
(1) The records
management committee, working with the director of state courts office, shall
identify court forms and instructions suitable for translation into a language
other than English. Translated forms adopted
by the judicial members of the records management committee, on behalf of the
judicial conference, shall be treated as court forms adopted under s. 758.18,
stats., and SCR 70.153.
(2) Translated
forms shall use a format that incorporates both English and the second
language. Every question or statement
requiring a response, such as a check box or signature, will provide only one
location in the English portion of the form to make that response. The answers to free-text questions must be
written in English.
(3) Each translated form
shall carry a notice, in both languages, that the translated form does not
replace any of the following:
(a)
The need for an interpreter.
(b)
Any colloquies mandated by law.
(c) The
responsibility of court and counsel to ensure that persons with limited English
proficiency fully comprehend their rights and obligations.
(4) Use of a translated
form does not supersede the need for an interpreter for communicating with
counsel, or for in-court proceedings pursuant to s. 885.38, stats. Interpreters may assist individuals in
filling out forms to the extent permitted by SCR 63.07.
SCR
70.16 Definitions. In SCR 70.16 to
70.34:
(1) "Administrative assistance" means assistance in trial court administration with respect to budgeting, personnel, equipment and facilities management, judicial assignments and liaison with governmental and community groups.
(4) "District court administrator"
means a person who is a state employee and qualified to provide administrative
and technical assistance as well as to assist the chief judge in carrying out
his or her duties and responsibilities.
(5) "Judicial administrative rule"
means a supreme court rule of general application relating to the
administration and management of the state judicial system or an order of
limited effect and of particular application to a court or to the administration
of a specific portion of the judicial system.
(6) "Local judicial administrative
rule" means a rule of general application not inconsistent with a judicial
administrative rule relating to the administration and management of a judicial
administrative district, including, but not limited to, a rule regulating
record, case flow, jury, facility or equipment management or judicial
assignments, budgeting, personnel or statistical systems.
(7) "Person" has the meaning specified
in section 990.01(26) of the statutes.
(8) "Technical assistance" means
assistance in trial court administration with respect to records management,
caseflow management, court reporting management, jury management, statistical
analysis, computerization, grant application, and education of support
personnel.
SCR 70.17 Judicial
administrative districts.
The state
is divided into judicial administrative districts for the purpose of
administering the court system. Each district includes all the circuit courts
within the district. The judicial administrative districts are as follows:
(1) The 1st district consists of
(2) The 2nd district consists of
(3) The 3rd district consists of Jefferson,
(4) The 4th district consists of Calumet,
(5) The 5th district consists of Dane, Green,
(6) The 6th district consists of Adams, Clark,
(7) The 7th district consists of
(8) The 8th district consists of Brown, Door,
Kewaunee, Marinette, Oconto, Outagamie and Waupaca counties.
(9) The 9th district consists of
(10) The 10th district consists of
SCR 70.18
Appointment of chief judges of judicial administrative districts;
term.
The
supreme court shall appoint a chief judge in each judicial administrative
district, who shall be a circuit judge within the district, for a term of 2
years, commencing August 1 of the year of appointment. The supreme court shall
fill vacancies as they occur. A chief judge is subject to removal by the
supreme court and may not serve more than 3 consecutive terms. In exceptional circumstances the supreme
court, in its discretion, may extend a chief judge's service beyond the 3 term
limit.
SCR 70.19 Duties of
the chief judge.
(1) The chief judge is the administrative chief
of the judicial administrative district. The chief judge is responsible for the
administration of judicial business in circuit courts within the district,
including its personnel and fiscal management. The general responsibility of
the chief judge is to supervise and direct the administration of the district,
including the judicial business of elected, appointed and assigned circuit
judges.
(2) In carrying out administrative duties, the
chief judge shall cooperate with the director of state courts.
(3) In the exercise of his or her general
responsibility, the chief judge has the following duties:
(a) Assignment of judges within each judicial
administrative district. The chief judge shall establish a system for the
equitable distribution and allocation of categories of cases and case loads
within the district, subject to the approval of the supreme court.
(b) Maintenance of a system for and effective
management of case flow through the judicial administrative district.
(c) Where necessary, establishment of days and
hours for court operation.
(d) Appointment of court committees.
(e) Adoption of local judicial administrative
rules under SCR 70.34.
(f) Establishment of policies and plans.
(g) Provision for representation of the circuit
court in ceremonial functions and in its relations with other courts, other
branches of government and with the news media.
(h) Calling and presiding over meetings of the
circuit judges within the district.
(i) Supervision of vacation schedules, including
requiring adherence to SCR 70.11(1)(a).
(j) Coordination of attendance by judges and
other court personnel at conferences which require absence from the court
during working hours. Judicial education is not vacation. Time spent fulfilling
judicial education requirements mandated by the supreme court rules is not to
be charged against annual leave.
(k) Supervision of court finances including
financial planning, the preparation of budgets and fiscal reporting where
necessary and required.
(4) The chief judge shall assign municipal judges
as specified in SCR 70.24.
(5) The chief judge shall, subject to the
approval of the director of state courts, adjust his or her caseload to reflect
the amount of time needed for administrative duties.
SCR 70.20 Authority
of the chief judge.
The chief
judge shall exercise within the judicial administrative district the full
administrative power of the judicial branch of government subject to the
administrative control of the supreme court. The chief judge may order that his
or her directives, policies and rules be carried out. Failure to comply with an
order of the chief judge may be grounds for discipline under sections 757.81 to
757.99 of the statutes.
SCR 70.21 Additional
authority of the chief judge.
The
statutory responsibility and authority of the chief judge includes, but is not
limited to, that specified in the following sections of the statutes:
(1) Section 9.01(6)(b): appointment of judge in
recount appeal. (2) Section 48.035: proration of Shawano county
juvenile jurisdiction for Menominee county.
(3) Section 48.04: approval of appointment of
clerk of court for juvenile matters.
(4) Section 48.06(1)(a)2., governing intake and
court services for child welfare matters under chapter 48 of the statutes, and
section 938.06(1)(a)2. of the statutes, governing intake and court services for
juvenile matters under chapter 938 of the statutes: policy formulation and
supervision of court services related to juvenile matters in counties with a
population of 500,000 or more.
(5) Sections 48.06(2)(a) and 938.06(2)(a):
approval of circuit judge's policy governing juvenile intake workers in
counties with a population of less than 500,000.
(6) Sections 48.065(1)and 938.065 (1): appointment of juvenile court commissioners.
(7) Sections 48.067(9) and 938.067(9): request assistance of juvenile intake workers.
(7q) Section 48.07 (5): recognize and obtain the
services of a court-appointed special advocate program for proceedings under
section 48.13 of the statutes.
(8m) Section 48.375(7)(d)1m: assignment of temporary reserve judge in judicial waiver procedure.
(8s) Sections 48.38(5) and 938.38(5): permanency planning review panel involvement.
(9) Section 59.40(1)(b): approval of appointment
of deputy clerks.
(10e) Section 118.162(1)(e) and (g): designation of
the circuit court or juvenile intake representative, or both, to the county
truancy committees.
(10m) Section 303.17(2): investigation of house of correction.
(10q) Section 343.44(2)(d): adoption of
sentencing guidelines for convictions resulting from violations for operating
while suspended, revoked, ordered out-of-service or disqualified.
(10s) Section 346.65(2m): adoption of sentencing
guidelines for operating while intoxicated violations.
(11) Section 751.025: court reporting management involvement.
(12) Section 751.03(3): assignment of circuit
judges.
(14) Section 753.30(1): approval of appointment of
clerk of court as register in probate.
(15) Section 753.34(4): proration of Menominee and
Shawano counties circuit court.
(15e) Section 753.35(1) and (2): approval of local circuit court rules
governing practice in that court and filing of local rules of trial court
administration.
(16) Section 756.001(5): designation of a circuit judge to supervise
the jury system..
(16e) Section 757.68(1)(a): appointment and removal
of court commissioners.
(16m) Section 757.69(1) (intro.): approval of
authority granted court commissioners.
(16s) Section 757.69(1)(g): designation of the
juvenile court commissioner location.
(17) Section 757.72(4): appointment and removal of
probate court commissioners.
(17e) Section 767.11(1)(a) and (b): approval of the
appointment of the family court counseling services director.
(17m) Section 767.13: appointment and supervision
of family court commissioners.
(17s) Section 800.06(1) and (3) and 800.065(1):
designation and appointment of municipal judges.
(17w) Section 801.16(2)(a): approval of local rules governing filing of
papers by facsimile transmission.
(18) Section 851.71(1): approval of appointment
and removal of register in probate.
(19) Section 851.75: approval of appointment and
removal of register in probate as deputy clerk.
(20e) Sections 938.245(2)(a)8.a., 938.32(1m)(a),
938.34(2m)(a), 938.342(1)(f)1., 938.343(2m)(a) and 938.344(2g)(a)4.a.: approval of teen court programs.
(20m) Section 938.346 (5): establishment of a procedure for notifying
victims of juveniles' acts.
(21) Section 968.28: approval and court order to
intercept communications.
(23) Section 973.11(2): approval of volunteers in probation programs.
(26) Sections 48.29(1m), 345.315(1m), 799.205(2),
800.05(3), 801.58(2), 938.29(1m) and 971.20(8): determination of substitution
requests and reassignment of judges.
SCR 70.22
Appointments; filing.
The chief
judge shall file a copy of each appointment with the director of state courts.
SCR 70.23 Assignment
of circuit judges.
(1) The chief justice may assign active or
reserve judges, other than municipal judges, to serve temporarily in any court
or branch of a circuit court for such purposes and period of time as the chief
justice determines to be necessary. The director of state courts may make
interdistrict judicial assignments at the circuit court level.
(2) An active judge who is going to be absent
from his or her court shall obtain approval of the chief judge of his or her
judicial administrative district. The
chief judge by order may assign an active judge of the judicial administrative
district to substitute for the absenting judge. The chief judge by order may
also assign an active judge of the judicial administrative district to relieve
congestion, to expedite disposition of litigation or to assist in any branch of
circuit court in the judicial administrative district. If no active judge of the district is
available for the service, the chief judge shall request the director of state
courts to assign a judge from outside the judicial administrative district or a
reserve judge. The director of state courts may also make a permanent
assignment to a judicial district of a reserve judge who can be assigned by a
chief judge in the same manner as an active circuit judge under this
section.
(3) The chief judge of each judicial
administrative district shall design a plan for the rotation of judicial
assignments in multijudge circuits within the district. The plan for each
district shall be on file with and have the approval of the chief justice or
his or her designee and shall be supervised and maintained by the chief judge
as part of the permanent scheme of judicial administration. In designing a rotation plan, the chief judge
shall do all of the following:
(a) Equalize the workload in an equitable manner
considering any special circumstances in each circuit.
(b) Assure general jurisdiction availability and
competence of all judges in the circuit.
(4) In cases of substitution, mandatory
disqualification or self‑disqualification, the judge shall direct the
clerk of courts or register in probate of his or her county promptly to notify
the chief judge. The chief judge shall assign another judge to preside in the
case. The chief judge may direct assignment of judges under this subsection by
lot under a tab system. The self‑disqualification of a judge requires
approval by the chief judge but may be subject to judicial administrative
district rules. The chief judge shall
provide for the assignment of another judge from within the judicial
administrative district, except that if the chief judge deems it necessary the
chief judge shall call upon the director of state courts to assign a judge from
outside the judicial administrative district or a reserve judge.
SCR 70.24 Assignment
of municipal judges.
Where a municipal judge is requested or required to act under section 345.315, 757.19(5), 800.05, 800.06 or 800.065 of the statutes, the chief judge of the judicial administrative district in which the municipal court is located is authorized and directed to act as the designee of the chief justice under section 751.03 of the statutes for the purpose of assigning another municipal judge or, if none is available, transferring the case to circuit court. These assignments or transfers may be either general or specific as the circumstances warrant.
70.245
Assignment of court reporters. In order to
effectively manage court reporting resources within each judicial
administrative district, an official court reporter appointed by circuit court
judges under s. 751.02, stats., may be assigned in any of the following ways:
(1)
The chief judge may assign any official court reporter, as needed, to any
court within the district.
(2)
The director of state courts, with the advice and consent of the chief
judges, may assign any official court reporter, as needed, to any court within
the adjoining districts.
(3)
The director of state courts, with the advice and consent of the chief
judges, may reassign any real time, certified, official court reporter, as
needed, to any court within the district or the adjoining districts to provide
reasonable accommodations under the Americans With Disabilities Act of 1990, 42
U.S.C. 12101 et seq.
SCR 70.25 [Deleted.]
SCR 70.26 Deputy
chief judge.
The chief
judge of each judicial administrative district shall appoint a deputy chief
judge to serve under the chief judge. The deputy chief judge shall serve at the
pleasure of the chief judge. The deputy chief judge shall provide assistance to
the chief judge in administrative areas requiring the participation by a
judicial officer. The deputy chief judge's duties and authority are delegated
by the chief judge and may include acting for the chief judge in his or her
absence and representing the chief judge
at official functions or in dealings with other agencies. The chief judge may
appoint a special deputy chief judge in the event the chief judge and deputy
chief judge are absent or unavailable for 10 working days or less. A special
deputy chief judge has the same authority as the deputy chief judge under this
rule.
SCR 70.265 Presiding judge.
The chief
judge of each judicial administrative district may appoint a presiding judge in
any multijudge circuit to serve under the chief judge. The presiding judge
shall serve at the pleasure of the chief judge and provide assistance to the
chief judge in administrative areas in the circuit in which he or she is the
presiding judge. The chief judge may authorize the presiding judge to act for
the chief judge in that circuit on any and all administrative duties
specifically or generally delegated.
SCR 70.27 Budget and
personnel.
The
director of state courts shall develop uniform budgetary policies and
procedures for the expenditures of state funds for the judicial administrative
districts. The director shall also develop personnel policies and procedures
for nonjudicial state court personnel of the districts. Expenditure of state funds
by a chief judge is subject to approval by the director of state courts.
SCR 70.29 Director
of state courts; assistance for trial courts.
The
director of state courts may:
(1) Provide technical assistance to any judicial
administrative district in response to a request from the chief judge.
(2) Conduct a study of trial court administration
in any district. (3) Recommend changes
in trial court administration to the chief judge of any judicial administrative
district.
SCR 70.30 District
court administrators; creation.
(1) Judicial administrative districts 1 to 10
shall each employ a district court administrator.
(2) The director of state courts may recommend to
the supreme court that assistant district court administrator positions be
created in one or more judicial administrative districts.
SCR 70.31 District
court administrator; appointment.
District
court administrators shall be appointed by the respective chief judges from a
list of candidates supplied by the director of state courts, who is responsible
for recruiting for these positions. The chief judge may reject a list and
request one additional list of candidates.
SCR 70.32 Chief
judge; clerk of courts.
The chief
judge may direct the activities of all clerk of court offices within the
district and may recommend or direct changes in the operation of any clerk's
office.
SCR 70.33
Guidelines; policies.
The
director of state courts shall prepare and keep current guidelines to aid the
chief judges in carrying out their administrative responsibility and authority.
SCR 70.34 Uniform
rules for judicial administrative districts
The
director of state courts shall develop uniform rules for trial court
administration. Each chief judge may adopt additional local rules not in
conflict with the uniform judicial administrative rules.
SCR 70.35 Reserve judge eligibility.
(1) To
be eligible for appointment as a reserve judge to perform marriages, a person
must be eligible under s. 753.075 (2), stats.
(2) To
be eligible for appointment as a reserve judge to perform judicial assignments,
a person must meet all of the following conditions:
(a) Be
eligible under s. 753.075 (2), stats.
(b) Be
eligible for appointment under SCR 32.08.
(c)
Subject to sub. (3), have in force and on file with the office of the director
of state courts a written consent to eligibility for appointment as a reserve
judge. The written consent shall be renewed in writing for each successive
calendar year and in the form provided under. sub. (5).
(3) If a
consent form under sub. (2) (c) is not renewed for a successive calendar year
before the end of the calendar year for which it has been filed, the person is
not eligible to be a reserve judge until at least 6 months after his or her
most recent consent form under sub. (2) (c) expires.
(4) A
person may withdraw, in writing, a consent to eligibility for appointment as
reserve judge. If a consent is withdrawn, the person may not file a consent
form under sub. (2) (c) for six months from the effective date of the
withdrawal.
(5) (a)
The written consent form for permanent reserve judges shall be in the following
form:
“If I am
appointed a permanent reserve judge, as that term is defined in section 753.075
of the Wisconsin Statutes, I consent to be bound by all provisions of the Code
of Judicial Conduct (Supreme Court Rules chapter 60) from the date of that
appointment and until its expiration.”
(b) The
written consent form for all other reserve judges shall be in the following
form:
“In
consideration of being eligible for appointment and assignment as a reserve
judge during . . . . (year), I consent to be bound for that year by the
provisions of the Code of Judicial Conduct (Supreme Court Rules chapter 60)
applicable to reserve judges.”
SCR 70.36 Judges'
and circuit court commissioners’ certification of status of pending cases. (1)(a)
Every judge of a circuit court shall decide each matter submitted for
decision within 90 days of the date on which the matter is submitted to the
judge in final form, exclusive of the time the judge has been actually disabled
by sickness. If a judge is unable to do so, within 5 days of the expiration of
the 90‑day period the judge shall so certify in the record of the matter
and notify in writing the chief judge of the judicial administrative district
in which the matter is pending, and the period is thereupon extended for one
additional period of 90 days. This
subsection applies to an assigned reserve judge.
(b) In the exercise of its superintending and
administrative authority over all courts and upon written request from a chief
judge, the supreme court may extend the period specified in par. (a) for
decision in specific matters as exigent circumstances may require.
(2)(a) Within the first 10 days of each month every
judge of a circuit court shall execute and file with the office of the director
of state courts:
1. A certificate stating that there are no
matters awaiting decision beyond the 90‑day or, if extended by
certification and notification, the 180‑day period specified in sub.
(1)(a), but if the 90‑day period has been extended by certification and
notification, a copy of the certification and notification shall be attached to
the certificate; or
2. If there are matters so pending, a
certificate setting forth the name and docket number of each of matter, the
court in which it is pending, and the date on which it was submitted to the
judge in final form.
3.
Certificates filed under subd. 1. or 2. shall be retained
by the office of the director of state courts for 10 years from the date of
filing.
(b) The office of the director of state courts
shall send a copy of certificates listing pending matters to the chief judge of
the judicial administrative district in which those matters are pending and
shall notify the chief judge of a judicial administrative district of the
failure of a judge within the district to file an certificate pursuant to this
subsection.
(3) The director of state courts, pursuant to SCR
70.10, and the chief judge, pursuant to SCR 70.19(3)(a), shall assign judges as
needed or take other steps for the timely disposition of judicial business to
assist a judge who has filed a certificate under sub. (2)(a)2 or 3.
(4) Failure of a judge to comply with the
requirements of sub. (1)(a) or sub. (2)(a) may result in one or more of the
following remedial measures:
(a) Change of the judge's assignment, pursuant to
SCR 70.19(3)(a).
(b) Referral of the matter by the director of
state courts to the supreme court for the initiation of contempt proceedings.
(c) Referral of the matter by the director of
state courts to the judicial commission for investigation of possible
misconduct.
(5) (a)
In this subsection,
1. “Chief judge” means the judge appointed under
SCR 70.18 for the judicial administrative district in which the matter is
pending.
2. “Circuit court commissioner” means a person
appointed under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to
the limited extent of that authorization.
(b) A circuit court commissioner should not
routinely take matters under advisement. Every circuit court commissioner shall
decide any matter within 30 days after the matter is submitted to him or her
for decision. If the circuit court commissioner is unable to decide a matter
within 30 days, he or she shall notify the chief judge not later than 5 days
before the end of the 30-day period. The chief judge may extend the period to
decide the matter for an additional 30 days or may require the circuit court
commissioner to suspend all other assigned activities until the decision is
filed in the court.
(d) The chief judge may withdraw temporarily or
permanently the circuit court commissioner’s appointment or authority to act if
the commissioner fails to comply with par. (b).
COMMENT
In addition to possibly
constituting judicial misconduct under sec 757.81(4), Stats, a judge's failure
to comply with this rule may constitute contempt of the supreme court and
result in the court's imposing a fine for noncompliance. See, In re Hon. Charles E. Kading, 74 Wis.2d
405, 246 N.W.2d 903 (1976).
SCR 70.37 Court of
appeals: Deputy chief judge.
The chief
judge of the court of appeals shall appoint a deputy chief judge to serve at
the pleasure of the chief judge. The appointment of a deputy chief judge shall
be in writing and filed in the office of the clerk of the court of appeals. The
deputy chief judge shall provide assistance to the chief judge in
administrative areas requiring the participation of a judicial officer. The
chief judge may delegate any of the chief judge's duties and authority as chief
judge to the deputy chief judge.
SCR 70.38 Court
facilities.
(1) This rule is promulgated by the supreme court
to promote communication among circuit courts, county officials, court
planners, architects and contractors concerning court facilities issues. It recognizes the constitutionally
appropriate participation of the circuit courts in addressing their facilities
needs and priorities within the constraints established by funding limitations
and budget priorities. The rule is
intended to assist counties and courts in making sound decision about the court
facilities that serve the citizens of their
The rules
does not create a fixed standard. It is
intended to be a statement of general purpose and procedure which establishes a
flexible framework for courts' participation in decision-making regarding court
facilities while recognizing the wide range of needs and circumstances which
exist in counties across the state.
(2) In this rule, "court facility"
means the courtroom, court chambers, the office and storage area of any court
commissioner, court reporter, register in probate, juvenile clerk or clerk of
court, the jury room, jury assembly areas, judicial staff areas, areas that may
affect the security of a court, court staff and the public using a court, areas
used for access to a court and any other facilities used in the operation of a
court.
(3) The circuit judges shall promptly notify the
chief judge of the judicial district, in writing, of the county's intent to
remodel, construct or relocate any court facility or to relocate any court
personnel.
(4) The circuit judges and the chief judge, in
cooperation with appropriate county officials, shall review any proposals under
sub. (3), together with any drawings or plans.
The circuit judges and the chief judge shall participate in the planning
process to ensure that the proposals under sub. (3) are consistent with current
court facility standards, including those relating to functional design,
audio-visual and acoustical adequacy and security of the courts and the public,
and that they conform to the requirements of the Americans With Disabilities
Act and other federal, state and local laws.
(5) The director of state courts shall provide
technical assistance and advice on any proposals under sub. (3), within the
resources available to the director's office.
(6) The chief judge shall review every new,
remodeled or relocated court facility and grant or deny approval for its use,
subject to review by the supreme court.
(7) No circuit judge or court staff may occupy a
new, remodeled or relocated court facility until the court facility is approved
under sub. (6).
(8) This rule is effective as to any remodeling,
construction or relocation commenced after September 1, 1992.
SCR 70.39 Security,
facilities and staffing standards for courts.
(1) Definitions.
In this rule:
(a) "Committee" means the security and
facilities committee under sub. (3).
(b) "Court facility" has the meaning
given in SCR 70.38 (2).
(c) "Presiding judge" is the judge
appointed under SCR 70.265 or means the judge in a single branch circuit.
(d) "Should" is directory only, not
mandatory, and connotes a duty or obligation to pursue a goal or objective.
(2) Applicability. The following standards apply to existing
court facilities, to the construction, remodeling and relocation of court
facilities and to the review and approval of court facilities under SCR 70.38
(4) and (6).
(3) Security and facilities committee. (a)
The presiding judge for each county shall appoint a security and
facilities committee composed of all of the following:
1. One circuit judge.
2. The chairperson of the county board.
3. The county executive.
4. The clerk of the circuit court.
5. A family court commissioner.
6. The district attorney.
7. The county sheriff.
8. One lawyer designated by the president of the
local bar association. If there is no
association, the presiding judge shall appoint a lawyer residing in the county.
9. One representative of a victim-witness
support organization.
10. One representative of the criminal defense
bar.
11. Such other persons as the committee considers
appropriate.
A person specified in 2, 3, 4, 6 and 7 may designate a
person for appointment to the committee in his or her place.
(b) In the absence of a presiding judge or if the
presiding judge is unable to act, the chief judge of the judicial
administrative district in which the county is located shall act on behalf of
the presiding judge under this subsection.
(c) The committee shall coordinate the adoption
of general court security and facilities policies. Day-to-day security decision and
case-specific security measures shall remain within the discretion of the
presiding judge. The presiding judge
shall consult, as needed, with the sheriff and the court security officers
specified in sub. (5) (a).
(d) The committee shall meet quarterly, with the
initial meeting commencing not more than 60 days after the effective date of
this rule. Each January and July, the
committee shall submit to the planning and policy advisory committee under SCR
70.14 a written report of its progress in implementation of the standards in
subs. (4) through (11).
(e) Beginning on March 31, 1996, and annually
thereafter on or before March 31, the planning and policy advisory committee
under SCR 70.14 shall file with the director of state courts office a written
report of the efforts of the committees in implementing the standards set forth
in subs. (4) through (11). The planning
and policy advisory committee shall receive from, and make available to, the
committees information concerning security and facilities plans implemented in
other counties.
COMMENT
Nearly all studies and
publications on court system security stress the need for an acknowledged and
centralized focal point within the system to address security concerns. The committee with its broad membership, will
meet this need well. The presiding judge
of the county or, if there is none, the chief judge of the judicial
administrative district is responsible for establishing the committee.
(4) Security -- structure and design. (a) A
court facility housing courtrooms should have a sectoring system that divides
the building into the following 3 types of areas according to the nature of
access to them:
1. Public areas where the general public has
relatively free access.
2. Judge and court staff areas where generally
only judges and their staffs and persons explicitly permitted access, such as
jurors and attorneys, are allowed.
3. Prisoner areas where only prisoners and law
enforcement personnel accompanying a prisoner are permitted.
COMMENT
Any new court facility should
incorporate sectoring principles if it is to provide the most basic security
that can be attained through structural design.
Existing facilities present a wide range of structural variations that
create obstacles to the use of sectoring principles. However, in many existing courthouses there
are opportunities to achieve some sectoring that will improve security. In addition, remodeling projects undertaken
for non-security purposes offer cost-efficient opportunities to enhance the
overall sectoring of a courthouse.
Secure prisoner transport and
holding areas that will eliminate any public access to prisoners until they are
in a courtroom where other security precautions are present are critical to the
safety of the public, attorneys, court staff, judges, law enforcement personnel
and the prisoners themselves. The need
for an area where attorneys can meet with their clients should be considered in
the design.
Each committee should consider
the need for feasibility of limiting building access points to improve
screening effectiveness and to further sectoring principles. Such consideration should include the
advisability of card-controlled doors and policies for the use of and access to
the courthouse after regular business hours and on weekends.
(b) A courtroom should be constructed to include
all of the following:
1. A single public entry that accommodates a
security checkpoint for use as needed.
2. Entrances for judges and court staff that are
adjacent to the bench and entrances for jurors that are as close to the jury
box as possible.
3. Other access to the courtroom, such as
windows or maintenance access, that inhibits unauthorized entry.
4. A judge's bench that is of a size and height
to deter physical attacks and that has a built-in bullet-resistant barrier.
5. Lighting panels that are located in areas
where only court staff have access to them.
6. Lighting that is supported by an emergency
power source.
7. A clear separation between the spectator area
and the area used by the participants in court proceedings.
COMMENT
Courtrooms have often been the
site of violent and tragic incidents, and their design is an important aspect
in preventing such occurrences. The
personnel and equipment standards in this rule are also integral parts of the
overall security strategy. In the
American system of justice, most court proceedings are public and security
concerns cannot unreasonably interfere with this principle. However, a design that ensures the
opportunity for proper screening of those who enter the courtroom and the
proper physical arrangement of those present will create a safer setting in
which citizens may exercise their right to participate in or observe public
judicial proceedings.
Because judges are the official
representatives of the judicial system, they have often been the targets of
violence. For this reason, judges should
be afforded special protection. A
bullet-resistant barrier should be installed in every courtroom to provide a
place of increased protection in the event a weapon is displayed. The separation between spectator area and the
participants' area should be sufficient to prevent spectators' physical contact
with attorneys, litigants and jurors and to ensure the privacy of conversations
between attorneys and their clients.
(c) A jury deliberation room should be located
where the public cannot have contact with jurors as they move to and from the
courtroom and should be designed to ensure their safety and the secrecy of
their deliberations.
COMMENT
The sacred task entrusted to
jurors must be safeguarded from those who would seek to intimidate or engage in
reprisals. The secrecy of jury
deliberations must be guaranteed. Each
committee should consider adopting policies on protecting jurors following a
trial, juror parking and other matters affecting juror safety.
(d) Any court facility used for court
commissioner hearings should be designed in a manner that incorporates the
security principles set forth in par. (b).
COMMENT
The extent to which court
commissioners are used varies widely from county to county. In a county where a court commissioner
handles criminal and traffic, divorce, small claims or juvenile proceedings,
the dangers present while doing so are similar to those facing judges in their
courtrooms. All too often, court commissioners
are called upon to perform their roles in small, crowded rooms where they are
in close proximity to litigants, witnesses and spectators, as well as to
attorneys and judicial staff. The
dangers must be recognized and reflected in the design of these areas.
Because of the wide variations
between counties in the nature of the proceedings handled by court
commissioners, uniform standards are not appropriate. The design of court commissioner hearing
rooms and office areas and the types of security personnel and equipment needed
should be considered by each committee, using the features of courtroom
security for guidance and as a measurement in assessing their adequacy.
(e) A secure room in close proximity to locations
where criminal, family, juvenile or domestic violence proceedings are conducted
should be provided for victim and child witnesses waiting to appear in such
proceedings.
COMMENT
This standard is a reflection of
the statutory directives in secs. 950.04(6) and 950.055(2), Stats.
(5) Security -- personnel. (a)
There should be no fewer than 2 properly trained, sworn officers acting
as court security officers in each courtroom and each court commissioner
hearing room when criminal, divorce, child custody and other family cases are
before the court or when domestic abuse, harassment and child abuse injunction
hearings are taking place. The judge or
court commissioner may expressly direct otherwise. The judge or court commissioner in all other
types of proceedings should be able to require the assignment of a court
security officer to be present at particular proceedings. The committee should consider and adopt a
policy concerning whether court security officers are to be armed and whether other
law enforcement officers are permitted to have firearms in courtrooms.
COMMENT
There is a wide variety of
titles applied across
Court security officers are the
first-line personnel source of security in the courtroom. Their presence serves as a deterrent to
violent outbursts and provides the ability to respond to incidents that may
arise. In this respect, the open and
obvious presence of uniformed officers is a solid working example of the basic
court security principles designed to deter
those intent on harm, detect those
who have breached security and limit
the damage caused by the breach.
While criminal court proceedings
customarily present heightened security concerns, nationally it has been in
family cases (divorce, juvenile and others) that many of the most violent
courtroom incidents have occurred. This
has often been explained by the emotional volatility of the participants in
such proceedings and the fact that a court security officer is rarely present
during them. Domestic abuse injunction
proceedings present situations in which extreme volatility is likely and
There is a difference of opinion
whether court security officers or law enforcement officers appearing as
witnesses should be permitted to carry firearms in the courtrooms. On the one hand, all necessary resources
should be available to respond to an incident; on the other, the presence of
firearms presents the danger of a gun being taken from an officer by an inmate
or other person. The standard leaves the
question to be resolved at the local level.
This standard encourages a
cooperative working relationship among judges, sheriffs and others involved
with court security. These individuals
will be able to identify whether in their county there are ways to reduce the
need for court security officers and the associated expense. The standard is a codification of the
existing law on the presiding judge's authority set forth in Stevenson v. Milwaukee County, 140 Wis.
14 (1909).
(b) Court security officers should be properly
trained in basic courtroom security techniques and should be thoroughly
familiar with the policies adopted by the committee.
COMMENT
The courtroom setting presents
unique challenges to the law enforcement officer. Any person regularly acting as a court
security officer should be properly trained in this specialized field, in
addition to general law enforcement training.
Training would also be helpful for court aides who are assigned solely
to assist juries or perform other duties not requiring a court security
officer. It would be advisable that the
director of state courts coordinate efforts to develop a basic, minimal program
of such training for use statewide. It may
be appropriate to incorporate this program with the Department of Justice Law
Enforcement Standards program.
(6) Security -- equipment. (a)
Each courtroom and court commissioner hearing room should have a silent
alarm system connected to an appropriate law enforcement office that will
provide the immediate response of an armed officer. The alarms should also be located in judges'
chambers and staff areas, court commissioner office areas and any location in
the courthouse where money is collected or stored or where there are other
security risks. Each courtroom should be
equipped with a telephone.
COMMENT
Silent alarm systems mounted in
an easily accessible location in a courtroom are a minimal security device that
should be installed in every existing courtroom. The system should be connected to an office
that provides constant monitoring during all regular hours of courtroom
use. The alarms should be able to summon
immediately armed law enforcement or court security staff to respond to the
emergency prompting the alarm. It is
advisable that alarms be installed in other locations having the potential for
violent incidents and other breaches of security. While not an adequate substitute for a silent
alarm system, telephones should be provided as a supplement. Telephones can also be used in medical
emergencies and will facilitate telephone testimony and attorney
appearances. Each committee should
consider the use of surveillance cameras in some or all courtrooms or other
areas of the courthouse.
(b) Court security officers should be provided
with metal detection devices to be used if policies are adopted by the
committee to screen persons entering courtrooms or courthouses.
COMMENT
Weapons brought into court
facilities present the clearest threat to security. While in some counties local conditions and
experience may warrant constant screening by metal detectors at entrances to
court facility buildings, in other counties the need for such screening will be
more sporadic. Other types of screening
may be employed to supplement metal detection or as a satisfactory alternative,
but each courthouse should be equipped for the use of metal detection when the
need arises. Hand-held detection devices
are effective and readily available at reasonable costs. Each committee should develop a policy on the
type of equipment to be acquired, the criteria for when it is to be used and
the methods for its use. This minimal
step was recently endorsed by an unanimously approved resolution of the American
Judges Association.
(c) Court security officers should be equipped
with 2-way radios at all times.
COMMENT
Court security officers are the
first-line providers of security in court facilities. To enhance their effectiveness, their ability
to communicate and to summon assistance is critical. Two-way radios can also be useful for
purposes unrelated to security, such as locating attorneys appearing in other
courtrooms.
(d) Each building that houses a court facility
should be equipped with a public address system that permits all of its
occupants to be given notices and instructions during an emergency.
COMMENT
In addition to its obvious
security benefits, such a system provides a means for general purpose
announcements.
(e) The committee should consider the need for
and feasibility of an external electronic perimeter surveillance system for
each building that houses a court facility and should review other features of
the building's exterior with security concerns in mind.
COMMENT
The dangers created by external
features of a court facility building may be significant. Wide variations among counties as to their
local needs and the designs of their courthouses render a uniform standard
impracticable. Each committee should
assess risk factors and consider solutions, electronic or otherwise, to
minimize danger.
(7) Security -- policies and procedures. (a)
The committee should propose a policy for adoption as a local rule under
SCR 70.34 for the reporting of and response to threats made to judges, court
commissioners and court staff or their families.
COMMENT
A systematic reporting procedure
for threats to judges, court staff or their families should be established in
each county. This serves the beneficial
purpose of allowing persons other than the object of the threat to assess its
seriousness, as there may be a tendency by the person threatened to minimize it
as "part of the job." The
policy should designate the person to whom threats are to be reported, establish
the responsibility for investigation or other response and provide for the
retention of records of all reported threats.
(b) The committee should review existing policies
on money collection and storage and should adopt a program for the protection
of the public's funds.
COMMENT
Clerks of court collect
substantial amounts of money in the form of filing fees, fines and forfeitures,
family support, etc. An enhanced
protection program for these funds will not only safeguard the taxpayers'
treasury but will also deter any efforts to engage in violence for financial
gain.
(c) Each courtroom and other vulnerable area in a
court facility should be searched for explosives or other dangerous
instrumentalities before the commencement of court proceedings each day.
COMMENT
The need for this regular
practice is greatest in those counties where courtrooms are used for
non-judicial purposes on evenings and weekends.
(d) The committee should adopt a policy for the
handling and storage of firearms, other dangerous instrumentalities and contraband
received as evidence during court proceedings.
COMMENT
Documents and other exhibits
received during judicial proceedings must be safeguarded as part of the court
record. Certain items of evidence
present reasons for special attention to their handling during breaks,
overnight in multi-day proceedings and following the conclusion of the
proceeding in which they are introduced.
(e) The committee should develop a plan for
dealing with disruptions at court proceedings, including trial and pretrial,
involving particularly dangerous or disruptive criminal defendants.
COMMENT
Criminal cases involving an
unusually volatile defendant or a defendant having associates with a propensity
for violence present special security concerns.
So, too, does a criminal defendant who becomes unruly and disruptive in
the court proceeding in which he or she is involved. Given the wide variations
in physical facilities among
(f) The committee should consider whether it can
assist the municipal courts in its county in security matters.
COMMENT
Municipal courts generally are
not located in the county courthouse but convene in various public buildings in
the municipality. While the nature of the cases coming before those courts does
not suggest the same potential for violence as cases in the circuit court,
municipal courts share certain basic security concerns. The committee may be an information resource
for municipal courts. In some counties,
the committee may choose to appoint a municipal judge as liaison.
(8) Court facilities -- planning. (a)
The committee should immediately establish a design subcommittee for any
contemplated reconstruction or significant remodeling of court facilities in
the county. The subcommittee should
invite participation by persons not on the committee, including the county
public works director or comparable official, the district court administrator,
a member of the county board and other persons the committee believes would be
of assistance to the specific project.
COMMENT
Having those most intimately
affected by a planned project involved from the earliest stages is the single
most effective step in assuring that the project will be both functional and
cost-effective. The committee of the
county in which the project is to be undertaken should establish the design
subcommittee. The subcommittee should be
created prior to and should participate in the selection of an architect and
other consultants and should remain involved until the project's
completion. The subcommittee should
consult with the committee during the design phase. The creation of a design subcommittee is
consistent with the underlying purposes of SCR 70.38.
(b) Each county should develop a long-range plan
for its court facilities.
COMMENT
This type of plan usually can be
developed through the efforts of county staff and judges working cooperatively
and without the necessity of expensive outside consultants. Such a plan can reflect local conditions and
practices and provide an on-going guide in considering the advisability, scope
and other aspects of any contemplated project.
Long-term planning is a cost-saving approach to facilities issues.
(c) All court facilities are subject to the
provisions of the Americans with Disabilities Act.
COMMENT
The technical requirements of
the Americans with Disabilities Act are beyond the scope of these
standards. Compliance with federal law
requires certain accommodations to be included in all projects. This standard should serve as a reminder of
the court system's obligations in this regard.
The interdisciplinary committee on court-related needs of the elderly
and people with disabilities has been created by the chief justice of the
Wisconsin Supreme Court and is developing a survey of existing facilities and a
report on recommendations. The
communications and intergovernmental relations subcommittee of the planning and
policy advisory committee should review this report as part of its annual
review of these standards to ensure that the standards do not violate the
provisions of the
(9) Court facilities -- courtrooms. (a)
Each circuit court judge should be provided with a personal courtroom.
COMMENT
While the assignment each day of
a courtroom to a judge may in some counties not require that the judge preside
in the same location at all times, each judge must have available to him or her
a suitable courtroom in which to conduct judicial business.
(b) The minimum ratio between jury and nonjury
courtrooms should be as follows:
Number
of Number
of jury
judges
in county courtrooms
1-3 All
4-5
3
6-7
4
8
5
9-10
6
11-12
7
13
8
14-15
9
16-17 10
18 11
19-20 12
Over
20 60-65%
COMMENT
In counties with 4 or more
judges, it may not be necessary that every courtroom be designed to accommodate
jury trials. However, in some larger
counties, because of local practice and judicial rotation plans, each courtroom
may need to be a jury courtroom. The
60-65% ratio of jury courtrooms is derived from national standards and
experience as the minimum necessary if court business is to be conducted
efficiently. In counties where this
ration is currently exceeded, this standard is not intended to warrant the
conversion of jury courtrooms to nonjury courtrooms.
(c) The size of a jury courtroom should be a
minimum of 1,500 square feet and the size of a nonjury courtroom should be a
minimum of 1,000 square feet.
COMMENT
A 1,500 square foot jury
courtroom will not be large enough to accommodate high visibility criminal
trials or complex, multi-party civil litigation. At least one jury courtroom of approximately
2,000 square feet should be available in each county to accommodate larger trials
and ceremonial events. The minimum size
set forth in the standard will provide room for a jury box for 14 jurors and a
spectator area for up to 40 persons to accommodate prospective jurors, the
public, witnesses and others. The
minimum-size nonjury courtroom will not be large enough for court proceedings
with extensive public spectator interest but should be sufficient for most of
the nonjury proceedings conducted in the circuit court.
In a multi-branch county, the
case assignment practices may be such that a nonjury courtroom of somewhat
smaller size will be acceptable because of its dedicated and specialized
use. Flexibility will accommodate varied
local conditions.
(d) Courtrooms should be designed to impress upon
the public and the litigants the fairness and dignity of the judicial system.
COMMENT
All courtrooms need not look
alike but all courtrooms serve the same function. As symbols of the judicial branch of
government, each should convey a sense of dignity and efficiency.
(e) Courtrooms should include all of the
following:
1. A bench for the judge, elevated at least 20
inches and having a spacious work surface, in a location that permits the judge
to enter and exit the courtroom through a private door.
2. A well-lighted, ventilated and temperature
controlled environment, with controls accessible only to court staff.
3.
Acoustics that will eliminate noise from outside the courtroom and permit all
participants to hear one another clearly, with microphone systems in all jury
courtrooms and in larger nonjury courtrooms.
4. Adequate electronic capacity to permit
installation or use of telephone, X-ray viewbox, computers, videotape player,
microphones and other equipment.
5. One or more conference rooms at least 125
square feet in size in close proximity to each courtroom.
6. An elevated witness stand located where the
judge, jurors, attorneys and clients, and the court reporter can see and hear
the witness clearly.
7. A clerk's work place located immediately
adjacent to the judge's bench to permit private communications and the transfer
of documents between the judge and the clerk.
8. A court reporter's work place located to
permit the reporter to hear clearly all statements of the judge, attorneys and
witnesses and to avoid distraction of the participants and obstruction of their
view.
9. In a jury courtroom, a jury box with permanent
seating for 14 jurors and elevated tiers to enhance vision located at
sufficient distance from counsel tables to prevent private conversation from
being overheard and as far as possible from public spectator areas.
10. In a jury courtroom, a jury deliberation room
at least 300 square feet in size, exclusive of restrooms, with adjacent private
restrooms and located to minimize contact between jurors and the public while
jurors are in transit.
11. In large courtrooms, an area for media
personnel and equipment that will render media coverage of proceedings
unobtrusive.
COMMENT
The judge's bench is the focal
point of the courtroom and its design most directly conveys the dignity of the
court. Elevation of the bench
contributes to that effect and affords the judge an unobstructed view of the
courtroom. The bench should be large
enough to allow the judge to deal efficiently with numerous documents and books
during the course of proceedings. Its
location adjacent to a private entrance into the courtroom contributes to the
appearance of impartiality and enhances security.
Temperature, sound and light
levels should allow all participants to be comfortable and remain alert. The ability to hear clearly what is being
said is of paramount importance. Security
and efficiency concerns require that only court staff have access to
temperature, lighting and microphone controls.
New technologies are being
introduced into courtrooms and design accommodation should be made to permit
their efficient and safe use. Design
subcommittees should also be mindful that viewboxes, chalk boards or other
evidence display devices need to be located so as to be readily visible.
Conference rooms adjacent to
each courtroom facilitate confidential conversations between attorneys and
their clients and witnesses and negotiations between attorneys. They also provide waiting areas for
witnesses, including victims. In larger
counties, a separate room should be provided for victim-witnesses.
The witness stand should be
elevated to enhance the ability of all to see and hear the witness but it
should not be as high as the judge's bench or so close to the bench as to
permit sidebar discussions between attorneys and the judge to be overhead. The location and design of the witness and
should take into account the occasional need for interpreters and should
accommodate child witnesses.
The jury box needs only 14
permanent seats but it should be designed to permit additional temporary seats
where more than 2 alternate jurors are used and accommodation should be made
within the box or immediately adjacent to it for temporary seating during voir
dire. Two of the permanent seats should
be removable in order to accommodate wheelchair users.
Jurors perform a sacred role in
our system of justice and it is critical that they have a private, comfortable
and functional environment in which to conduct their deliberations. Round or oval tables in the deliberation room
are recommended to reflect the equality of all jurors.
Under supreme court rule,
cameras are permitted in most
(f) Courtrooms and court commissioner hearing
rooms in which juvenile or other confidential proceedings are conducted should
be located and designed to ensure the confidentiality of those proceedings.
COMMENT
State law provides that juvenile
and certain other cases are to be closed to all but the persons participating
in them. This confidentiality cannot be
achieved if persons waiting to appear in such a case are required to wait in
hallways or other areas where the nature of their business is displayed to the
public.
(10) Court facilities -- auxiliary areas. (a)
Where there are more than 3 jury courtrooms, an adequately-sized jury
assembly area should be provided that is reasonably close to the jury
courtroom.
COMMENT
The area provided to prospective
jurors for orientation and assembly before being brought to an individual
courtroom keeps them apart from the public and litigants and reflects their
important role in the justice system.
Prospective jurors should be provided a comfortable place to await being
called, which at times is a considerable period. Since it will not always be needed to
assemble jurors, the jury assembly room may be designed to serve other
purposes.
(b) Each judge should have a private chambers at
least 400 square feet in size, with a private restroom, and located directly
adjacent to clerical support staff.
COMMENT
Because the court's business is
conducted there, the judge's chambers should lend dignity to the judicial
office. The chambers should be large
enough to accommodate the many court proceedings and conferences involving
multiple parties that are conducted in chambers, as well as the judge's
conferences with staff, colleagues or committee groups. Chambers should provide an adequate and
readily accessible basic library, soundproofing and privacy.
(c) An area should be provided immediately
adjacent to the judge's chambers for clerical staff, the court reporter and a
law clerk and for a reception area.
COMMENT
Given the variations among the
counties in staffing of courts, it is not practicable to establish a uniform
standard for courts, it is not practicable to establish a uniform standard for
the size and configuration of support staff areas. Location of support staff adjacent to the
judge's chambers no only enhances efficiency but also allows screening of
persons seeking access to the judge.
(d) Every court facility housing a courtroom
should have a basic legal research library of sufficient size to be used by
judges, law clerks, attorneys and others.
COMMENT
An adequate legal research
facility is critical to the proper functioning of the court system. The space should be reasonably soundproof,
well-lit and ventilated and should have room for expansion.
(e) In each county with more than 6 branches of
the circuit court, a room should be provided for media representatives.
COMMENT
A media room 100 to 150 square
feet in size should be sufficient. It
will reduce congestion and noise in the courtroom and corridors by providing a
space for members of the media to conduct interviews, work on notes and call in
stories. It should be equipped with
telephone jacks and power sources for typewriters and computer equipment. If properly soundproofed, this room could
also provide space for the use of cameras and be constructed as an adjunct to a
large jury courtroom.
(f) Offices and hearing rooms of court
commissioners should provide respect, privacy and function and be designed to
impress upon the public and the litigants the fairness and dignity of the
judicial system.
COMMENT
Court commissioners in
(11) Staffing.
(a) Each branch of circuit court
should be staffed by one full-time judicial assistant.
COMMENT
The trial court system faces
ever increasing caseloads and cases of ever increasing complexity. The judge today must take charge and
aggressively manage his or her caseload.
To do so the judge needs a full-time judicial assistant. This staff position will permit each judge to
devote more of his or her efforts to the primary judicial task -- presiding
over and judging lawsuits.
The position of judicial
assistant should be in the state service.
It will perform for the court the following work: type opinions, correspondence and decisions
and prepare reports, dispositions, memoranda, agendas, jury instructions, verdict
forms, orders and notices; assist with calendar management, including scheduling
of court hearings, trials, conferences, legal appointments, meetings and
activities of the judge; hold scheduling conferences; assist with file and
record acquisitions; organize and maintain judge's files and records; post
court calendar daily, update weekly calendar; maintain judge's law library; act
as receptionist in answering telephone, handling visitors and processing mail;
requisition office supplies; contact attorneys and parties concerning court
dates, appointments and cancellations; such other work as required by the
court. See, sec. 758.19(h), Stats., "The director of state courts
shall establish a description of the qualifications and duties of . . . a
judicial assistant . . . ."
Judicial experience and
expertise support the long-standing position of the Wisconsin Judicial
Conference that this staff position is vital to a well-functioning court. Where judicial assistants now exist as part
the court staffing, caseloads are much more current and the oldest cases are
disposed of with priority consideration.
The citizens of this state have
a right to communicate directly with each judge's office during normal work day
hours and get immediate answers to their questions and service on their
requests without waiting for return calls from the judge, court reporters, or
court clerk who at the time of the call are working in the courtroom. Scheduling of cases should take place
throughout the day, not just when court is out of session and the person in
charge of the calendar has time to work on case scheduling. Also, judges must be protected from ex parte
communications by having their telephone calls screened by knowledgeable staff.
In some counties, court
reporters are still required to do clerical tasks for judges. The creation of this position statewide would
relieve those court reporters of that highly paid clerical duty and allow them
to concentrate on their job -- court reporting.
(b) Each branch of circuit court should be
staffed by one full-time law clerk.
COMMENT
A law clerk works with and for a
judge doing specific legal research of both immediate and future needs. The law clerk may report to the judge orally
or in writing. If in writing, the report
may be in memorandum form or in the form of a decision draft. This staff position should be in the state
service and will permit each judge to devote more of his or her effort to the
primary judicial task -- presiding over and judging lawsuits. Judicial experience and expertise support the
long-standing position of the Wisconsin Supreme Court and the State Bar of
Wisconsin that this position is vital to a well-functioning court.
Clearly, a trial court with
research assistance will produce higher quality legal decisions. Higher quality decisions may decrease the
number of appeals. One county already
has met the proposed standard and its court disposes of cases at a much higher
rate than other trial courts in the state.
While the standard specifies one
law clerk for each branch of circuit court, current fiscal considerations have
prompted the supreme court's budget submission for the 1995-97 biennium to
include a provision for one full-time law clerk for each 2 branches of circuit
court.
(c) Each circuit judge should appoint a full-time
court reporter to serve in the branch to which the judge was elected or
appointed.
COMMENT
Current law provides for each
circuit judge to appoint a court reporter for his or her court or branch of
court, sec. 751.02, Stats. Additionally,
where "floating" court reporter positions have been created and
assigned to specific judicial administrative districts, the chief judge or
district court administrator assigns the reporter to fill in where needed
because of illness, vacations, leaves of absence, or backlog problems.
Historically, the court reporter
was the only staff directly responsible to the judge and in many cases assumed
a number of clerical and administrative duties for the judge's court. It is wasteful of an important court resource
to have court reporters performing tasks other than stenographic recording and
transcription. When a court reporter's
services are not required by the appointing judge, the court reporter shall be
available to assist in other circuit court branches as assigned by the chief
judge or district court administrator.
(d) Each branch of circuit court should be
staffed by one full-time or part-time courtroom clerk.
COMMENT
In some counties the workload in
the judge's office may require the position of courtroom clerk to be a
full-time assignment to the court. In
other counties the courtroom clerk may be needed only when the court is in
session and may return to the clerk's office for other duties when court is not
in session. In small counties this
function may be performed by the clerk of the circuit court.
(e) Each branch of circuit court should be
staffed by one full-time or part-time jury bailiffs.
COMMENT
The position of jury bailiff
should not be confused with that of the court security officer. The responsibility of the jury bailiff is to
attend to the needs of juries and see that they are secure from contact with
the parties, attorneys or witnesses and free from influence from any source
outside the courtroom. Generally, only
one bailiff should be required to assist and secure a jury. On occasion or when a jury is sequestered,
additional bailiffs will be needed to attend to a jury. The standard is consistent with actual
practice, as the courts in most counties currently have part-time jury bailiff.
(12) Resource library; notice of projects. (a)
The director of state courts shall maintain a resource library of court
security and facilities literature, which shall be available to committees,
design subcommittees, judges and others.
The director of state courts may distribute to interested persons
materials of statewide interest related to court facilities and security. The director of state courts shall maintain a
list of committees and their membership.
(b) The director of state courts shall maintain a
list of all projects of construction and significant remodeling of court
facilities in the state. Judges in a
county where a project is undertaken shall notify the director of state courts
of the project.
COMMENT
Court security and facilities
planning, study and implementation activities are being undertaken by a number
of national organizations and state court systems.
The court facility standards
that a number of states have developed are in much greater detail than these
standards and may be of assistance to county design subcommittees in general
and in regard to specific design issues of a contemplated project. Having such materials available in a
centralized location offers the opportunity for cost savings to counties and
enhances the likelihood that projects will employ the most functional
techniques available. Among the kinds of
materials available are technical specifications for lighting, sound, HVAC and
equipment used in court facilities. To
the extent one county is contemplating a project similar to one that has been
done in another county, the ability to contact that other county about its
design and experiences offers a significant opportunity to enhance the quality
and cost-effectiveness of the contemplated project.
(13) Review of standards; report. (a)
The planning and policy advisory committee under SCR 70.14 shall review
the security and court facilities standards under subs. (4) through (10)
annually, solicit reaction from county officials and others who have engaged in
a construction or remodeling project within the preceding year and report to the
supreme court its recommendations for modification of the standards.
(b) The judicial conference shall review the
staffing standards under sub. (11) at such times as the judicial conference
considers appropriate or as the supreme court may direct and shall report to
the supreme court the judicial conference’s recommendations for modification of
those staffing standards.
COMMENT
Ongoing review is an effective
planning device to assess the adequacy of the standards in light of actual
practice. It is also consistent with the
long-term mission of the planning and policy advisory committee and the need
for a proactive security and facilities effort in
SCR 70.40 Venue in prisoner cases.
(1)
The clerk of circuit court shall use the “IP”
(incarcerated person) case type designation to identify pleadings and papers
submitted by any prison, as defined in s. 801.02(7)(1)2, stats., seeking to
commence, prosecute or defend an action or proceeding under s. 814.29(1m),
stats., without the prepayment of costs and fees.
(1m) The clerk of circuit court shall use the family, criminal or civil case type designations when those designations are appropriate and applicable costs and fees are prepaid. The case type designation for any case designated “IP” under sub. (1) shall be changed to and proceed under the appropriate civil case designation whenever a court orders the case commenced under s. 814.29(1m), stats., without the prepayment of costs and fees.
(2)
The court shall determine as much of the
following as is necessary, based on the pleadings and papers submitted by a
prisoner, in the following order:
(am)
Whether all required documentation has been submitted.
(bm)
Whether all available administrative remedies have beeen exhausted.
(cm)
Whether
the prisoner is precluded from filing without the prepayment of costs and fees
under s. 801.02(7)(d), stats.
(dm)
Whether the prisoner is indigent.
(em)
In what manner the filing fees and costs are to be paid.
(fm)
Whether the case should be dismissed without requiring the defendant to
answer for a reason set forth in s. 802.05(3)(b), stats.
(g) Whether the
venue where the pleadings and papers are submitted is proper.
(h) Whether venue is
also proper in another county.
(i) Whether an
evidentiary hearing is likely to be needed.
(j) Whether another
county where venue is proper is more convenient for the parties and the
witnesses.
(3) If sub. (2) (h), (i) and (j) are all answered
in the affirmative, the court on its own motion shall change venue to the more
convenient county under s. 801.52, stats.
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. Any order changing
venue shall direct payment of costs and fees to the county to which venue is
transferred.
(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, that court shall refer
the matter to the chief judge of the district in which that court is located to
resolve the matter.
70.41 Assistance to court users; court staff
guidelines.
(1) Definitions. In this rule:
(a) "Court" means an appellate,
circuit, or municipal court.
(b)
"Court staff" means persons under the supervision of the clerk of the
supreme court and court of appeals, a clerk of circuit court, a circuit court
commissioner, a register in probate, a district court administrator, a circuit
court judge, or a municipal court judge.
(c) "Forms" means any of the
following:
1.
Forms that have been approved by the records
management committee.
2.
Forms that have been approved by a circuit
court or municipal judge for use in that jurisdiction.
(d)
"Individual" means any person who seeks court-related information,
including information needed to file, pursue, or respond to a case.
(e)
"Should" is directory only, not mandatory, and connotes a duty or
obligation to pursue a goal or objective.
(2) Purpose. The purpose of this rule is to assist the
court in communicating with individual court users without practicing law. The
rule is intended to enable court staff to provide the best service possible to
individuals within the limits of the individual staff member's
responsibility. The rule is not intended
to restrict powers of court staff otherwise provided by statute or rule nor is
it intended to eliminate the collection of applicable fees or costs. The rule is not intended to list all
assistance that can be provided. The
rule recognizes that the best service the court staff may provide in many
proceedings is advising an individual to seek the assistance of an attorney.
(3)
Impartiality.
Court staff shall remain impartial and may not provide or withhold
assistance for the purpose of giving one party an advantage over another.
(4) Authorized
information and assistance. Court staff shall do all of the
following:
(a)
Provide public information contained in any of the following:
1.
Dockets or
calendars.
2.
Case files.
3.
Indexes.
4.
Existing
reports.
(b)
Provide a copy of, or recite, any of the following:
1. Common,
routinely employed state and local court rules.
2. Common, routinely employed court procedures.
3.
Common,
routinely employed applicable fees and costs.
(c)
Advise an individual where to find statutes and rules, without advising whether
a particular statute or rule is applicable.
(d)
Identify and provide applicable forms and written instructions without
providing advice or recommendations as to any specific course of action.
(e) Answer questions about how to complete forms,
such as where to write in particular types of information, but not questions about how the individual
should phrase his or her responses on the forms.
(f) Define terms commonly used in court
processes.
(g)
Provide phone numbers for lawyer referral services, local attorney
rosters, or other assistance services,
such as Internet resources, known to the court staff.
(h) Provide appropriate aids and services for
individuals with disabilities to the extent required by the Americans With
Disabilities Act of 1990, 42 U.S.C. 12101 et seq.
(5) Unauthorized information and assistance.
Court staff may not do any of the following:
(a) Provide legal advice or recommend a specific
course of action for an individual.
(b) Apply the law to the facts of a given case,
or give directions regarding how an individual should respond or behave in any
aspect of the legal process.
(c) Recommend whether to file a petition or other
pleading.
(d) Recommend phrasing for or specific content of
pleadings.
(e) Fill in a form, unless required by sub. 4
(h).
(f) Recommend specific people against whom to
file petitions or other pleadings.
(g) Recommend specific types of claims or
arguments to assert in pleadings or at trial.
(h)
Recommend what types or amount of damages to seek or the specific individuals
from whom to seek damages.
(i) Recommend specific questions to ask witnesses
or litigants.
(j)
Recommend specific techniques for presenting evidence in pleadings or at trial.
(k)
Recommend which objections to raise regarding an opponent’s pleadings or
motions at trial or when and how to raise them.
(l)
Recommend when or whether an individual should request or oppose an
adjournment.
(m)
Recommend when or whether an individual should settle a dispute.
(n)
Recommend whether an individual should appeal a judge’s decision.
(o)
Interpret the meaning or implications of statutes or appellate court decisions
as they might apply to an individual case.
(p) Perform
legal research.
(q) Predict the outcome of a particular case,
strategy, or action.
(6)
Referral to supervisor. When a court staff member is uncertain
whether the advice or information requested is authorized, the staff member
should seek the assistance of a supervisor.
If a supervisor is not available, the staff member should advise the
individual to seek assistance from an attorney.
COMMENT
Court staff shall
provide a copy of a common rule, but court staff should not attempt to apply
the rule to the facts in the individual’s case.
Sometimes, after court staff provides a rule, an individual will ask whether
or how the rule would apply, or if the rule might be applied differently, given
the facts in his or her case. This calls
for an interpretation of the law or rule of procedure. Court staff shall avoid offering
interpretations of laws or rules.
In providing assistance
regarding forms, court staff may inform individuals that some general content
may be required in a pleading, such as identification of the other parties
involved in the accident or a description of the facts surrounding the
accident. But court staff may not tell
an individual whom to identify or which particular facts might be relevant in
the pleading.
Court staff should,
if possible, provide or direct an individual to pamphlets or other documents
that may address an individual's question and that have been prepared for
general distribution to the public.
Court staff may not
compute deadlines specified by statute or rule.
Court staff may not
perform legal research. Court staff may
refer individuals to sections of the Wisconsin supreme court rules, local court
rules, or
The list of
prohibited types of assistance set forth under sub. 70.41(5) is not
comprehensive. The list is consistent
with the statutory directives in ss. 757.22 and 757.30(2), stats., regarding
the practice of law by judicial officers and the unauthorized practice of law.
Amended April 26, 1982; July 27,
1982; March 1, 1983; May 30, 1984; March 12, 1987; June 3, 1988; December 20,
1990; February 1, 1991; October 15, 1991; November 1, 1991; February 19, 1992;
June 2, 1992; September 1, 1992; December 2, 1992; May 3, 1994; October 25,
1994; October 31, 1994; June 19, 1995; January 13, 1997; July 2, 1997;
September 12, 1997; October 15, 1998; October 7, 1999; September 21, 2000;
December 18, 2000; April 6, 2001; April 6, 2001; April 30, 2002; May 3, 2002;
November 14, 2002; December 9, 2004; April 15, 2005; April 19, 2005; June 3,
2005; and April 2, 2008.