Opinions

These documents contain the formal advisory opinions issued by the Judicial Conduct Advisory Committee established under Supreme Court Rules, Chapter 60, the Code of Judicial Conduct. The Advisory Committee renders opinions on the propriety of contemplated or proposed future conduct of judges under the Code of Judicial Conduct.

Release date Description View
Mar 13, 2019 OPINION 19-1: May a judge appear before the Legislature and testify on the issue of the compensation rate for criminal defense representation for the indigent when the State Public Defenders office must contract out cases to private counsel? PDF 
Aug 19, 2015 OPINION 15-1: May a judicial officer, because of his or her own religious or personal beliefs, decline to be the officiating person at the marriage of two persons of the same sex? PDF 
Feb 26, 2013 OPINION 13-1: May circuit court judges utilize legal research services of an attorney employed by the county who regularly practices before them? PDF 
May 01, 2012 OPINION 12-1: May a judge appoint his or her father as a supplemental court commissioner in the same county in which the judge presides? PDF 
Nov 29, 2011 OPINION 11-2R: May a judge accept an appointment to a military service academy panel? PDF 
Oct 18, 2011 OPINION 11-2: May a judge accept an appointment to a military service academy panel? PDF 
Sep 22, 2011 OPINION 11-1: Does the Wisconsin Code of Judicial Conduct prohibit a Wisconsin Circuit Court Judge from carrying a concealed weapon in the courthouse and courtroom? PDF 
Aug 18, 2009 OPINION 09-3: Must a judge recuse himself or herself from hearing the cases in drug court of participants who were admitted based upon charges issued while that judge served as the District Attorney, and, if so may the parties waive recusal? PDF 
Jan 30, 2009 OPINION 09-2: Does the State of Wisconsin Code of Judicial Conduct require a sitting judge to be subpoenaed to appear as a fact witness? PDF 
Jan 30, 2009 OPINION 09-1: Does a judge's participation in a "polar plunge" event with many participants and spectators "demean" his or her judicial office, within the meaning of the judicial code? [See opinion for other issue.] PDF 
Dec 30, 2008 OPINION 08-2: Is a judge required to recuse himself or herself from contested matters in which a party is represented by an attorney who was previously a member of a fraternal organization of which the judge was also a member and who, as a president of that local organization, signed the judge's daughter's application for a scholarship to an affiliated national organization, thereby verifying the legitimacy of the application? [See opinion for second issue.] PDF 
May 22, 2008 OPINION 08-1: May a judge serve as a "greeter" at an election polling place? PDF 
Oct 01, 2007 OPINION 07-2: May a Circuit Court Judge continue as a shareholder, officer, or member of the Board of Directors of a closely held corporation which, as part of its business activities, owns commercial property which it leases as office space to a law firm whose attorneys are likely to come before the judge's Court? [See opinion for second issue] PDF 
Jul 18, 2007 OPINION 07-1: May a part time municipal court judge simultaneously serve as a sheriff's deputy for the county within which the municipality lies? PDF 
Oct 25, 2006 OPINION 06-2: May a judge handle cases where the judge's son was in charge of or a part of an investigation which resulted in the issuance of citations and/or charges? PDF 
Oct 24, 2006 OPINION 06-1R: May a judge publicly express a personal opinion as to the fairness, efficacy and wisdom of the death penalty which is the subject of an advisory referendum being presented to the citizens of Wisconsin? PDF 
Oct 02, 2006 OPINION 06-1: May a judge publicly express a personal opinion as to the fairness, efficacy and wisdom of the death penalty which is the subject of an advisory referendum being presented to the citizens of Wisconsin? PDF 
Aug 01, 2005 OPINION 05-2: May a judge serve as an election official? PDF 
Mar 10, 2005 OPINION 05-1: May a judge's image, name, and title be featured on a billboard as part of an advertising campaign by one of the University of Wisconsin System campuses? PDF 
Jun 15, 2004 OPINION 04-1: May a part-time municipal judge have an "of counsel" relationship with a law firm that has an existing "of counsel" relationship with the municipal attorney whose job responsibilities include the prosecution of municipal ordinance cases before the judge? PDF 
Mar 22, 2004 OPINION 03-1: Is a judge required, after a contested election, to recuse himself or herself from contested matters involving a former campaign manager? PDF 
Mar 15, 2003 OPINION 02-2: May a judge lease space to a lawyer who is likely to appear before the judge? May a judge share a common employee with a lawyer who is likely to appear before the judge? PDF 
Feb 21, 2003 OPINION 02-1: May a judge who handles juvenile matters on a rotating basis serve as a mentor to a juvenile who has been diverted out of the court system into an alternative program? PDF 
Sep 19, 2002 OPINION 01-3: May a circuit court judge serve as a panel member on a Wisconsin State Bar Fee Arbitration Panel? PDF 
Mar 20, 2002 OPINION 01-2: Does a marriage between a court reporter and an assistant district attorney require disclosure of that relationship to all litigants in all matters when the assistant district attorney appears in the court to which the court reporter is assigned? PDF 
Jan 08, 2002 OPINION 01-1: May a judge serve on a County Community Correction Advisory Board? PDF 
Jan 08, 2002 OPINION 00-5: May a reserve judge serve as president of a civic, non-profit organization, a substantial part of whose mission is to advocate social goals through litigation and legislative action? PDF 
Jul 31, 2001 OPINION 00-4: May a judge testify at a Canadian administrative tribunal hearing on behalf of an interest group which seeks a binding administrative rule declaring that the Canadian Human Rights Act applies to the Canadian judiciary? PDF 
Jul 31, 2001 OPINION 00-3: Must a judge who formerly was the corporation counsel in charge of the county's child support agency recuse himself or herself in child support cases? PDF 
Jan 18, 2001 OPINION 00-2: May a judge sign the nominating petition of a partisan candidate for office? PDF 
Jan 18, 2001 OPINION 00-1: May a judge hear cases in which attorneys from the law firm in which the judge's niece practices represent litigants before the judge? PDF 
Mar 08, 2000 OPINION 99-5: May a judge purchase common stock of a Wisconsin corporation that could be involved in future litigation before the court in which the judge serves? PDF 
Oct 29, 1999 OPINION 99-4: May a circuit court judge serve as an appointed member of a city library board? PDF 
Apr 14, 1999 OPINION 99-2: May a circuit court judge perform in an ecumenical Easter program? PDF 
Apr 14, 1999 OPINION 99-3: May a cir. ct. judge serve on the editorial bd. of Wis. Opinions, a wkly. newspaper devoted to the publ. of the appellate opins. of the WI Sup. Ct., the WI Ct. of Appeals, U.S. Dist. Ct., U.S. Seventh Cir., WI trial cts. and news to bench and bar? PDF 
Jan 29, 1999 OPINION 99-1: May a full-time municipal judge serve as a neutral third person, without pay, if appointed by a circuit court judge? PDF 
Nov 23, 1998 OPINION 98-12: Is selling fruit door-to-door to raise money for a charitable organization a de minimis activity? PDF 
Nov 23, 1998 OPINION 98-13: May a judge meet in chambers with a representative of a special interest group without violating the Code of Judicial Ethics? PDF 
Nov 18, 1998 OPINION 98-10R: May a judge or the judge's staff attend a holiday party given by a law firm some of whose members appear before the judge? PDF 
Sep 23, 1998 OPINION 98-11: May a part-time municipal judge provide services for hire in a private business as a neutral third person? PDF 
Jul 09, 1998 OPINION 98-9: May a full-time court commissioner serve for hire as a neutral third person? PDF 
Jun 09, 1998 OPINION 98-6: May a former judge serve both as a reserve judge and provide services for hire in a private business as a neutral third person? PDF 
May 21, 1998 OPINION 98-8: May judges wear their robes in church at a St. Thomas More Lawyers Society "Red Mass"? PDF 
May 08, 1998 OPINION 98-7: May a judge, without the use of the judge's letterhead, solicit non-lawyer friends and neighbors for contributions, ranging from $25 to $100, to a charity bicycle ride? PDF 
May 08, 1998 OPINION 97-6R: REVISED - May a former judge who currently serves as a reserve judge, use the title "judge," designation "reserve judge," or be pictured in judicial robes in advertising services for hire as a mediator or arbitrator? PDF 
Apr 20, 1998 OPINION 98-5: May a judge, as a volunteer for an organization which distributes left-over food to shelters, community meal programs and food pantries, seek donations of food from restaurants located in the courthouse and state office buildings? PDF 
Feb 19, 1998 OPINION 98-4: May a judge serve as a member of the bd of dir of a state univ ext foundation committee whose purpose is to promote development of the university's cty center and to improve the quality of student life at the center? PDF 
Feb 19, 1998 OPINION 98-1: May a judge participate as a celebrity judge in a fund-raising event for a charitable organization? PDF 
Feb 19, 1998 OPINION 98-2: May a court commissioner conducting initial appearances in crim., small claims, civil traffic and forfeiture cases also act as counsel in small claims and as a prosecutor in municipal traffic and forfeiture cases that are processed through the same court? PDF 
Feb 19, 1998 OPINION 98-3: May a judge participate in writing the script for and performing in a skit to raise money for a charitable organization? PDF 
Jan 27, 1998 OPINION 97-7: May a candidate for judicial office solicit campaign funds from close friends and others? PDF 
Nov 19, 1997 OPINION 97-5: May a judge act as an overseer for a local union's election of officers? PDF 
Oct 06, 1997 OPINION 97-1R: May a judge sell his photographic art work for profit at a public event? PDF 
Sep 18, 1997 OPINION 97-3: Must a judge testify when subpoenaed? PDF 
Sep 18, 1997 OPINION 97-4: May a newly-elected judge lease office space to a lawyer as part of an agreement between the judge and the lawyer for the purchase of the judge's law practice? PDF 
Jul 28, 1997 OPINION 97-2: To what extent, if any, may a full-time court commissioner assist a spouse in hosting a political fund-raising activity in their home? PDF 

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