State Supreme Court considers changes to rules hearing process

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In the wake of limiting administrative matters held in public, the Wisconsin Supreme Court is considering alternatives to how it reviews rules petitions.

The justices are looking at three options to make the rules process more efficient: a Judicial Policy Council to handle administrative review of rules petitions currently done by court; a Rules Advisory Board to present, review and make recommendations for adoption of rules petitions; and consideration of tweaks to the current review structure.

The options are the result of a report released last May by a nine-member Rules Procedure Committee created by the court.

After several hours of testimony Monday from other states’ court officials, who weighed in on their various rule systems, the justices opted to vote down the Judicial Policy Council option.

Justice Patience Roggensack made a motion to continue study the remaining two options, though that might not happen until next term.

“My guess is this won’t be revisited again this term,” said Theresa Owens, Rule Procedures Committee reporter.

The state Supreme Court’s term ends in June.

If the court opts to delegate reviews of rules petitions, said State Bar Board of Governors member Steve Levine, it likely will only add time to an already lengthy process.

As an example, Levine pointed to a rules petition he filed July 6, 2011, which the court has scheduled for a public hearing May 16.

“To add another step to the process,” he said, “would just be more delay, especially since the court ultimately has the final say anyway.”