Wisconsin Administrative Code Judicial Commission
Here’s an organized overview of the Wisconsin Administrative Code Chapters for the Judicial Commission (JC 1–6), detailing the key provisions:
📘 JC Chapter 1 – Authority & Definitions
Defines key terms like allegation, complaint, concern, probable cause, and warning used throughout the Code (law.cornell.edu).
Establishes the statutory authority (ch. 757.81 Stats.) that underpins the Commission’s jurisdiction.
🏛️ JC Chapter 2 – Commission Organization
Structure: names a Chair and Vice‑Chair, each serving 1‑year terms; Vice‑Chair acts when Chair is unavailable (wisbar.org).
Defines procedures for meetings (regular and special), notification, voting, and minute-taking .
Details standing committees, including a 3‑member Screening Committee plus nominations and personnel committees (wicourts.gov).
⚖️ JC Chapter 3 – General Provisions
Confidentiality: All proceedings are confidential until a formal complaint or petition is filed, unless waived (wicourts.gov).
Investigator appointments: The Commission or Executive Director may hire independent investigators (wicourts.gov).
Jurisdiction scope: Only covers conduct while a judge/commissioner holds or is eligible for reserve judicial office (wicourts.gov).
Disqualification & recusals: Members must recuse under usual legal standards or if conflicts like campaign contributions arise .
No appellate role: The Commission isn’t an appellate body and doesn’t review court decisions (wicourts.gov).
🕵️ JC Chapter 4 – Misconduct Procedures
Misconduct allegations follow a multi-step process:
Allegation entry – Any person can submit a charge; confidentiality may be requested (wicourts.gov).
Preliminary evaluation – By Executive Director or Screening Committee to decide if investigation is warranted (wicourts.gov).
Investigation – If approved, an investigation ensues; subpoenas may be issued; confidentiality preserved .
Commission consideration – Options: dismiss, informal/formal appearance, or trigger further action (wicourts.gov).
Outcomes include dismissal, concern/warning, referral for treatment, or filing a formal complaint/petition before the Supreme Court (wisbar.org).
Dismissal rules: Even dismissed matters can be reopened upon new evidence .
🧠 JC Chapter 5 – Disability Procedures
Mirrors Chapter 4’s structure but centers on permanent disability allegations
The Commission may require medical examinations and review medical reports (wicourts.gov).
⚖️ JC Chapter 6 – Prosecution
Authorizes the Executive Director or special counsel to prosecute cases brought by the Commission (wicourts.gov).
🙋🏻♂️ Related Statutory Context
The Commission operates via statute (Wis. Stat. § 757.83), which sets membership rules (9 members, term limits, appointment method, staff authority) and requires Commission promulgation of rules under ch. 227 Wis. Stats. (law.justia.com).
🔍 Summary Table
| Chapter | Focus Area | Key Topics |
|---|---|---|
| JC 1 | Definitions & Authority | Core terms, source statutes |
| JC 2 | Organization | Structure, meetings, committees |
| JC 3 | General Rules | Confidentiality, jurisdiction, recusal |
| JC 4 | Misconduct Process | Allegations, investigations, outcomes |
| JC 5 | Disability Process | Medical evaluations, disability claims |
| JC 6 | Prosecution | Authority to prosecute cases |
✅ Why This Matters
The Code ensures fairness, independence, and transparency in judicial oversight.
It delineates procedures and limitations, balancing judicial accountability with respect for due process.
RELATED Blog
0 comments