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Here we go again: Judicial Council gears up to save itself

By: Erika Strebel, [email protected]//February 20, 2017//

Here we go again: Judicial Council gears up to save itself

By: Erika Strebel, [email protected]//February 20, 2017//

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For a second budget cycle in a row, members of a body charged with putting forth updates and changes to court procedures are gearing up to persuade lawmakers not to eliminate it.

The state Legislature created the 21-member Wisconsin Judicial Council in 1951 as an independent judicial branch agency. The council proposes changes to the state’s rules involving evidence, criminal procedure, appellate procedure and civil procedure.

Gov. Scott Walker proposed the council’s elimination last session, but the Joint Finance Committee, a powerful panel of lawmakers, later rejected the plan and decided to have the council completely financed by the Supreme Court’s revenue from the Director of State Courts and State Law Library programs.

In his proposed budget for 2017-2019 released Feb. 8, Walker is again recommending eliminating the Judicial Council, including striking the statute that created it and eliminating the staff attorney position held by April Southwick. The governor notes that the Wisconsin Supreme Court can create a similar body by rule.

According to budget documents, the council’s elimination would save the state around $200,000 over the biennium.

Regardless of the budget, the council is already in dire straits because it is only fully financed through the end of June, said Southwick.

Members expressed frustration at last week’s meeting, during which they discussed Walker’s proposal.

“It seems to me both the Legislature and the Supreme Court benefit from the Judicial Council. It would be sad not to find a way for it to survive,” said council member Bill Gleisner.

“Is there any understanding of why? It doesn’t seems like we’re a real subversive group here,” said council member and Rock County Circuit Court Judge Michael Fitzpatrick.

Council Member Tom Shriner, Marquette Law School’s representative on the council, noted that the council was created to be a multi-branch agency, which butts up against Walker’s goal to consolidate government agencies.

“I don’t think he hates us,” said Shriner. “We just don’t fit that organizational chart.”

Legislative members of the council — state Sen. Van Wanggaard, R-Racine, and state Rep. Jim Ott, R-Mequon — said they would advocate for keeping the council but also asked members to contact lawmakers about the council’s importance and encourage others to also contact lawmakers

“When I saw this I thought, ‘Come on,’” he said. “Jim and I will both advocate, but I am asking this group to step up.”

Director of State Courts Denis Moran, also a member of the council, noted that whatever the members to do to fight the council’s elimination, it must remain in the state statutes.

“It is critical that statutory construct remains,” he said. “It has to be or we lose the sense of autonomy.”

In the end, members voted to push for the council to be attached administratively to the Director of State Courts Office, seek an independent revenue stream and that the council remain in the statutes.

Council members Wanggaard, Ott, Christian Gossett and Sarah Barber abstained from the vote. Gossett, who represents the state’s district attorneys, said he would have to check with the rest of the district attorneys before officially taking a position on the matter.

Barber is the Legislative Reference Bureau’s appointment to the council.

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