Wisconsin Judicial Council Committee Projects Update - January 2008
Appellate Procedure Committee
- The Supreme Court determined that three proposals in the Council’s Rule Change Petition #00-02 required legislation. The proposals 1) make Wis. Stats. Ch. 980 (Sexual predator commitment) and s. 971.17 (Not guilty by reason of mental disease or defect commitment) cases subject to the rules of appellate procedure set forth in s. 809.30-.32; 2) allow suppression issues in Ch. 938 cases to be appealed without requiring the parties to go to trial to preserve them; and 3) allow the time limit for filing a petition for review in the supreme court to be tolled while a timely motion for reconsideration is pending in the court of appeals. 2001 SB 490 (George) and 2003 SB 364 (Zien) were unsuccessful. Committee will work with Sen. Taylor, Supreme Court and State Bar legislative liaisons to reintroduce and pass bill in 2007-08 legislative session.
- Study and draft proposals to improve the procedures and rules governing the use of presentence investigation reports, before and after sentencing, with an ad hoc presentence investigation report advisory committee. To committee June 2000; tabled pending decision in State v. Parent, 2005 AP 661, 2006 WI 132; draft of proposed rules pending UW Remington Center Advisory Committee comment April 2007 - January 2008.
- Draft proposals to amend Rule 809.62 (petitions for review) to clarify what must be contained in a petition for review and a cross petition for review to preserve issues for review in the wake of State v. Scheidell, 227 Wis. 2d 285, 595 N.W.2d 661 (1999) and to address concerns raised by the Supreme Court. To committee 2001; petition approved by Council September 2004; Rule Change Pet. #04-08 filed Sept. 2004, hearing March 2005, pending in Supreme Court.
- Create standards for granting amicus curiae participation (briefing and oral argument) in appellate courts. To committee 2002. Tabled pending decision in Orion v. Basler, 2003 AP 1731, 2004 WI App 222. Tabled indefinitely by Council June 2007, topic is more appropriate for appellate courts’ internal operating procedures.
Criminal Procedure Committee
- Review the Legislative Reference Bureau (LRB) drafts of the Council’s proposed amendments to the Criminal Procedure Code, Wis. Stats. Chapters 967-975. To committee 2004, completed April 2007. (Council’s revision was pending in committee for 7 years, then in drafting at LRB for 4 years.)
- Return the LRB drafts of the Council’s proposed amendments to the Criminal Procedure Code for incorporation into bill.
- Study the rules governing court appearances by audio-visual means and recommend changes if appropriate. Tabled pending PPAC videoconferencing study, PPAC’s Rule Change Petition 07-12 pending in supreme court.
- Review the committee’s draft proposals for ch. 973 (sentencing) in light of Truth in Sentencing legislation in 2001 Act 109 (TIS I) and 2003 Act 33 (TIS II).
- Study and draft rules to standardize statewide expungement practices (What is best process to mitigate effects of conviction?).
Evidence and Civil Procedure Committee
- Study and recommend changes in procedures for discovery from out-of-state witnesses. To committee May 2003, petition approved by Council April 2005, Rule Change Pet. #05-06 hearing Nov. 2005, withdrawn and returned to committee, amended petition filed June 2006, pending in supreme court.
- At the supreme court’s request, study and make recommendations concerning appeals in small claims cases, including proposing changes or additions to current rules. To Appellate Procedure Committee February 2004, to Evidence and Civil Procedure Committee June 2005.
- Study and make recommendations concerning the adoption of rules governing electronic discovery in the courts of Wisconsin, including proposing draft rules, to committee June 2007.
- Study and make recommendations regarding possible revisions to the Wisconsin Rules of Evidence, to committee June 2007.
Strategic Plan Committee
- Study and make recommendations whether the Council should engage in planning to determine whether it is a useful and viable entity that serves a necessary purpose, and if so, to regain necessary resources to carry out its mission. To committee 2004, staff and independence returned by 2007 Act 20 in October 2007.
- Study the final report of the National Center for State Courts entitled "Wisconsin Judicial Council Recommendations Regarding Priorities, Planning and Operations," to committee January 2008.
- Document the history of the Council for planning and public information purposes.
Internal Operating Procedures Committee
- Inactive status, October 2007.
Hiring Workgroup
- Review staff attorney applicant materials, draft hiring instruments, conduct interviews, make hiring recommendation to Council. Created October 2007.
Liason to Supreme Court's Policy and Procedure Advisory Committee (PPAC)
- Monitor and report the activities of the Supreme Court’s Policy & Procedure Advisory Committee (PPAC), created 2005.
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