Wisconsin Statutes 758.13 – Judicial council
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Terms Used In Wisconsin Statutes 758.13
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Quorum: The number of legislators that must be present to do business.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Subpoena: A command to a witness to appear and give testimony.
(1) Membership; appointment; terms.
(a) There is created a judicial council of 21 members as follows:
1. One supreme court justice designated by the supreme court.
2. One court of appeals judge designated by the court of appeals.
3. The director of state courts or his or her designee.
4. Four circuit judges designated by the judicial conference.
5. The chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson.
6. The attorney general or his or her designee.
7. The chief of the legislative reference bureau or his or her designee.
8. The deans of the law schools of the University of Wisconsin and Marquette University or a member of the respective law school faculties designated by the deans.
9. The state public defender or his or her designee.
10. The president-elect of the State Bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect.
11. Three additional members of the state bar selected by the state bar to serve 3-year terms.
12. One district attorney appointed by the governor.
13. Two citizens at large appointed by the governor to serve 3-year terms.
(b) The names of the judicial council members shall be certified to the secretary of state by the judicial council attorney. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.670 (1) for expenses necessarily incurred by members in attending council meetings.
(2) Powers and duties. The council shall:
(a) Observe and study the rules of pleading, practice and procedure, and advise the supreme court as to changes which will, in the council’s judgment, simplify procedure and promote a speedy determination of litigation upon its merits.
(b) Survey and study the organization, jurisdiction and methods of administration and operation of all the courts of this state.
(d) Receive, consider and in its discretion investigate suggestions from any source pertaining to the administration of justice and to make recommendations.
(e) Keep advised concerning the decisions of the courts relating to the procedure and practice therein and concerning pending legislation affecting the organization, jurisdiction, operation, procedure and practice of the courts.
(f) Recommend to the legislature any changes in the organization, jurisdiction, operation and methods of conducting the business of the courts, including statutes governing pleading, practice, procedure and related matters, which can be put into effect only by legislative action.
(g) Recommend to the supreme court, legislature and governor any changes in the organization, operation and methods of conducting the business of the courts that will improve the efficiency and effectiveness of the court system and result in cost savings.
(3) Organization.
(a) The council shall elect a chairperson and vice chairperson.
(b) The council may promulgate and modify rules for the conduct of its proceedings in the exercise of its powers. The council may meet at such time and place as it determines but at least once every 3 months. It shall meet upon call of the chairperson or a call signed by 5 members of the council. Eleven members shall constitute a quorum.
(c) The council may appoint regular and special committees of its members to investigate and report upon any matters relating to its duties. The council or any committee thereof when so authorized by the council is empowered to hold public hearings at such times and places within the state as may be determined. Any member of the council or any committee thereof shall have the power to administer oaths to persons testifying before the council or committee. By subpoena issued over the signature of its chairperson or acting chairperson and served in the manner in which circuit court subpoenas are served, the council or any committee when authorized by the council, may summon and compel the attendance of witnesses. If any witnesses subpoenaed to appear before the council or committee thereof refuse to appear or answer inquiries propounded, the council or committee shall report the facts to the circuit court of Dane County and the court shall compel obedience to the subpoena.
(e) The council may call upon any department of the state or any county or municipality thereof or any court for such facilities and data as may be available, and such departments, counties, municipalities and courts shall cooperate with the council to the fullest extent.
(f) The council may make such reports as it deems proper or as are requested by the legislature or the supreme court. The council may publish such reports as it considers necessary.
(g)
1. In this paragraph:
a. “Candidate” has the meaning given in s. 11.0101 (1).
b. “Contribution” has the meaning given in s. 11.0101 (8).
c. “Local office” has the meaning given in s. 5.02 (9).
d. “State office” has the meaning give in s. 5.02 (23).
2. The judicial council may appoint outside of the classified service an attorney, who is a member in good standing of the State Bar of Wisconsin, who shall be strictly nonpartisan, and who shall not make a contribution to a candidate for state office or local office while employed by the judicial council, to provide staff services to the council.