SUPREME COURT OF WISCONSIN
APR 26, 2001
Cornelia G. Clark
Clerk of Supreme Court
In the Matter of the Amendment of Supreme Court Rules: SCR Chapter 60 – Code of Judicial Conduct -Appendix
On January 26, 2001, the Judicial Conduct Advisory Committee filed a petition seeking to amend Appendix, section B of Chapter 60, which is entitled Procedures of the Judicial Conduct Advisory Committee. The Committee seeks to enlarge the timetable for the consideration of a request for a formal advisory opinion and issuance of the opinion. The court has considered the petition and has determined that a public hearing on the matter is not required.
IT IS ORDERED that, effective the date of this order, section B of the Appendix to the Code of Judicial Conduct, SCR Chapter 60, is amended as follows:
Section 1. SCR Chapter 60 (Appendix), section B (1) is amended to read:
Opinions formal advisory opinions. A request for a formal advisory opinion shall be in writing and
shall be addressed to the chair of the committee in care of. The requestor shall also send a copy of
the request to the director of state
courts Office, P.O. Box 1688,
Madison, WI 53701-1688. The
shall include a detailed statement of all relevant facts and circumstances, a
discussion of the issues presented in the request, and references to the
relevant provisions of the code of judicial conduct, advisory opinions, case
law, and other authority the requestor has consulted in the matter.
The request shall be forwarded to the
chair of the committee. The
identity, organizational affiliation, and geographic location of a person
requesting a formal advisory opinion shall be confidential.
Section 2. SCR Chapter 60 (Appendix), section B (2) (b) is amended to read:
B. (2) (b) Within
15 30 days
after receipt of the assignment of the request or receipt of sufficient
supplemental information, if requested, the member to whom a the
request is assigned shall circulate to all committee members a preliminary
recommendation and draft opinion. Prior
to circulation of a preliminary recommendation and draft opinion, the member to
whom a the request is assigned may consult with other committee members.
Section 3. SCR Chapter 60 (Appendix), section B (2) (c) is amended to read:
B. (2) (c) Within
15 days after the
circulation receipt of a the preliminary recommendation and draft opinion, committee members shall
circulate to all other committee members any comments on the recommendation and
opinion. Within the same 15-day
period any committee member may also request that a discussion of the
preliminary recommendation and draft opinion be held. If a majority of the committee determines that a discussion is
the committee shall have a discussion of the matter within 30 days after the committee determined a discussion was needed.
Section 4. SCR Chapter 60 (Appendix), section B (2) (e) is renumbered SCR Chapter 60 (Appendix), section B (2) (e) 1. (intro.) and amended to read:
B. (2) (e) 1. Within
10 20 days after the
last day for comment on a preliminary recommendation and draft opinion of
whichever of the following dates is applicable, the committee member to
whom the request has been assigned shall circulate a final draft opinion to the
committee members .:
Formal advisory opinions shall be decided by a majority
vote of the committee within
five 10 days after circulation of
the final draft opinion.
Section 5. SCR Chapter 60 (Appendix), sections B (2) (e) 1. a. and b. are created to read:
B. (2) (e) 1. a. If no request for discussion is made or if a request is not agreed to by the committee, the last day for comment on the preliminary recommendation and draft opinion under par. (c).
b. If a request for discussion is agreed to by the committee, the date of discussion on the matter under par. (c).
Section 6. SCR Chapter 60 (Appendix), section B (5) (a) is amended to read:
B. (5) (a)
10 15 days after receipt of a formal advisory
opinion, the requestor may request in writing to the committee that it
reconsider the opinion, explaining the basis for
that request. Within 10 days after receipt of a request for reconsideration from the requestor, the committee shall respond by granting the request and approving or revising the opinion or by denying the request. Upon granting a request for reconsideration, the committee shall consider the matter as set forth in sec. (2).
IT IS FURTHER ORDERED that notice of the amendment of the Supreme Court Rules shall 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 Madison, Wisconsin, this 26th day of April, 2001.
BY THE COURT:
Cornelia G. Clark