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.
(5) Any
translation of a form shall be accompanied by an affidavit stating that the
translator knows English and the second language and that in making the
translation the translator carefully translated the form from English into the
other language and that the translation is true and correct.
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 exercise administrative authority over the administration of judicial
business of the municipal courts of the judicial administrative district. 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.
(1) 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.
(2) The administrative
authority of the chief judge extends to the municipal courts of the judicial
administrative district. If a municipal
court is located in more than one judicial administrative district, the chief
judge whose district includes the county having the largest portion of the
population served by the municipal court shall have administrative authority
over that court, consistent with section 755.001 (2) 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.
(15m) Section 755.01(1): certification that a new municipal
court meets the operational standards set forth in chapter 755 of the statutes.
(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), 800.05(5), 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.
(1) 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.
(2) When making an
assignment under sub. (1), the chief judge by order may assign a municipal
judge or a reserve municipal judge from outside the judicial administrative
district. Before making the assignment
of a reserve municipal judge, the chief judge shall consult with the chief
judge of the reserve municipal judge's district.
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. Repealed (March 15, 2012)
SCR 70.39 Security, facilities and staffing standards
for courts. Repealed (March 15,
2012)
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 prisoner, as defined in s. 801.02(7)(a)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.
70.42
Electronic Signatures.
(1)
Definitions. In this rule:
(a)
"Court official" means a circuit court judge, clerk of circuit court,
register in probate, juvenile clerk, court commissioner appointed under section
757.68 and SCR 75.02 (1), justice of the supreme court, judge of the court of
appeals, and the clerk of the supreme and appellate courts.
(b)
"Electronic signature" means an electronic sound, symbol, or process
attached to or logically associated with a document and executed or adopted by
a person with the intent to sign the document.
(2) Secure
electronic signatures may be provided by the consolidated court automation program
for use by court officials who sign electronic documents. The electronic signature shall be treated as
the court official's personal original signature for all purposes under
(3) A court
official may delegate the use of his or her electronic signature to an
authorized designee, using the security procedures of the consolidated court
automation program. A court official is
responsible for any use of his or her electronic signature by an authorized
designee. Court officials shall
safeguard the security of their electronic signatures and exercise care in
delegating the electronic signature.
(4) An
electronic signature shall be used only by the official to whom it is assigned
and by such designees as the official may authorize. Upon learning that the confidentiality of the
electronic signature has been inadvertently or improperly disclosed, the court
official shall immediately report that fact to the consolidated court
automation program.
(5) Court
officials may use their electronic signatures for administrative purposes. If the signature of a court official is
required on a document, an electronic signature satisfies that
requirement. Electronically signed
documents may be stored electronically for the proper retention period.
(6) Electronic
signatures may be provided to the director of state courts and such employees
as the director may designate for administrative purposes. At the discretion of the director, an
employee may be provided with his or her own electronic signature if
appropriate for the conduct of official business. The electronic signature shall be treated as
the person's original signature.
(7) The chief
justice, chief judges, and director of state courts may use their electronic
signatures for the assignment of judges pursuant to SCR 70.23 and 70.24. A district court administrator may be the
designee of the chief judges for purposes of judicial assignment.
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; April 2, 2008; April 29, 2008; and May 1, 2008; July 1, 2011, March
15, 2012.