2011 WI 23
|
Supreme Court of |
|
|
|
|
|
|
|
|
Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
|
|
|
In the matter of amendment of Supreme Court Rules Chapters 70 and 33 relating to administration of municipal courts. |
FILED APR 27, 2011 A. John Voelker Acting Clerk of Supreme Court |
|
|
On December 17, 2010, the Director of State Courts, on behalf of the Committee of Chief Judges, petitioned this court for an order amending Chapters 70 and 33 of the Supreme Court Rules relating to rules of judicial administration of municipal courts and continuing education for municipal judges. The amendments are intended to make the Supreme Court Rules consistent with recent legislative changes to Wis. Stat. chs. 755 and 800 (2009 Act 402, eff. Jan. 1, 2011). A public hearing was conducted on April 11, 2011. At the ensuing open administrative conference the court voted unanimously to adopt the petition and proposed amendments with some minor clarifications. Accordingly,
IT IS ORDERED that effective July 1, 2011, the Supreme Court Rules are amended as follows:
Section 1. 33.01 (4) of the Supreme Court Rules is created to read:
33.01 (4) "Municipal court
clerk" means a court clerk appointed by a municipal judge pursuant to section 755.10 of the statutes.
Section
2. 33.04 (3) of
the Supreme Court Rules is created to read:
33.04 (3) Each municipal judge
shall designate and require a minimum of one municipal court
clerk to attend the annual municipal court clerk's training seminar, developed
by the judicial education office, at least once every 2 years.
Section 3. 70.19 (4) of the Supreme Court Rules is amended to read:
70.19 (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.
Section 4. 70.20 of the Supreme Court Rules is renumbered 70.20 (1).
Section 5. 70.20 (2) of the Supreme Court Rules is created to read:
70.20 (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.
Section 6. 70.21
(15m) of the Supreme Court Rules is created to read:
70.21 (15m) Section 755.01(1):
certification that a new municipal court meets the operational standards set
forth in chapter 755 of the statutes.
Section 7. 70.21 (26) of the Supreme Court Rules is
amended to read:
70.21 (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.
Section 8. 70.24 of the Supreme Court Rules is
renumbered 70.24 (1).
Section 9. 70.24 (2) of the Supreme Court Rules is
created to read:
70.24 (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.
IT IS FURTHER ORDERED that notice of the amendments to Chapters 70 and 33 of the Supreme Court Rules be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.
Dated at
BY THE COURT:
A. John Voelker
Acting Clerk of Supreme Court