Projects Update

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Wisconsin Judicial Council Committee Projects Update - June 2012

Appellate Procedure Committee

  • 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. Referred to committee June 2000; tabled pending decision in State v. Parent, 2005 AP 661, 2006 WI 132; draft of proposed rules circulated for comments from interested parties; drafting subcommittee appointed to make further amendments; draft approved by Council, September 2011; Legislative Reference Bureau (LRB) preparing draft bill and analysis.
  • Study and draft proposal to protect the identity of victims in appellate documents publically available via the internet.  Referred to committee October 2011.
  • Study and draft procedural rules for prisoner challenges to agency decisions.  To committee October 2011.
  • Study and recommend amendment to Rule 809.15 to promote greater consistency and completeness of the record on appeal.  Referred to committee October 2011.
  • Study and make recommendation regarding precedential value of overruled court of appeals’ decisions following Blum v. 1st Auto.  Referred to committee October 2011.

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, June 2008; LRB bill drafts completed and received January 2010; workgroup appointed to review and respond to questions from LRB; Council review completed June 2012; Return draft to LRB for further revision, analysis and fiscal estimate.
  • Study and make recommendations concerning substitution of judges in termination of parental rights cases.  Referred to committee November 2009.
  • Study and make recommendations concerning the proper procedures for issuing a warrant, executing that warrant, and other procedural concerns related to police searches using GPS technology.  Referred to committee September 2010.
  • Study and make recommendations concerning plea withdrawal.  Referred to committee October 2011.
  • Study and make recommendations concerning the issue of “presence” and provide a recommendation regarding whether a definition should incorporated into the Code of Criminal Procedure.  Referred to committee February 2012.

Evidence and Civil Procedure Committee

  • 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.  Rule Change Pet. #09-01 approved by Council and filed April 2009; supreme court public hearing January 2010; amended petition approved by Council and filed March 2010; supreme court public hearing September 2010; granted at 2010 WI 67 and 2010 WI 129, effective January 1, 2011.
  • Study and make recommendations regarding possible revisions to the Wisconsin Rules of Evidence. Referred to committee April 2009.
  • Study and make recommendations concerning the adoption of rules to address inadvertent disclosure of privileged information.  Referred to committee April 2009; Rule Change Pet. #12-03 approved by Council and filed February 2012.
  • Study and make recommendation regarding Wis. Stat. §803.08, the Wisconsin class action statute.  Referred to committee March 2012. 


 

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