pruning the judicial branch: does the april 7 constitutional referendum and other pending...

Pruning the Judicial Branch:Pruning the Judicial Branch:Does the April 7 Constitutional Does the April 7 Constitutional Referendum and Other Pending Referendum and Other Pending

Legislation ThreatenLegislation Threaten Judicial Independence?Judicial Independence?

League of Women Voters Milwaukee CountyLeague of Women Voters Milwaukee County

General meeting General meeting March 21, 2015March 21, 2015

Hon. Janine P. GeskeHon. Janine P. Geske

Former Associate JusticeFormer Associate Justice

Supreme Court of WisconsinSupreme Court of Wisconsin

Ballot ReferendumBallot Referendum

Question 1: Question 1: ""Election of chief Election of chief justicejustice.. Shall section 4 (2) of article Shall section 4 (2) of article VII of the VII of the constitution be amended to direct that constitution be amended to direct that a chief justice of the supreme court a chief justice of the supreme court shall be shall be elected for a two-year term by a elected for a two-year term by a majority of the justices then serving on majority of the justices then serving on the court?"the court?"

Wisconsin State Court System

►Supreme Court 7 Justices- 10 year terms

►Court of Appeals- 4 Districts16 Judges – 6 year terms

►Circuit Courts- 10 Districts249 Judges- 6 year terms

►Municipal Courts- 237 Courts240 Judges- four year terms

► Division of Hearings and Appeals Administrative Hearings

WISCONSIN SUPREME COURT Chief WISCONSIN SUPREME COURT Chief Justice Justice

►1836-1853 circuit court judges, who 1836-1853 circuit court judges, who made decisions, met once a year as a made decisions, met once a year as a “Supreme Court” to hear appellate “Supreme Court” to hear appellate matters.matters.

►1852- Legislature creates “Supreme 1852- Legislature creates “Supreme Court” Court” A.A. 3 members to hear appellate 3 members to hear appellate

matters only.matters only. B.B. Chief Justice elected by the people on a Chief Justice elected by the people on a

separate ballotseparate ballot

WISCONSIN SUPREME COURTWISCONSIN SUPREME COURT

►1878 first election that justices were 1878 first election that justices were elected in a nonpartisan electionelected in a nonpartisan election..

►1889 state constitutional amendment 1889 state constitutional amendment

The chief justice shall be the justice The chief justice shall be the justice having the longest continuous service on having the longest continuous service on the court.the court.

Longest serving member need not leave Longest serving member need not leave the court if declines service or seeks steps the court if declines service or seeks steps down as chief justicedown as chief justice

WISCONSIN SUPREME COURTWISCONSIN SUPREME COURT

►1903 constitutional amendment 1903 constitutional amendment Number of justices increases from 5 to 7 Number of justices increases from 5 to 7 members who serve for ten-year terms.members who serve for ten-year terms.

► 1977 Constitutional Amendment -- Massive 1977 Constitutional Amendment -- Massive overhaul of the court system and structure.overhaul of the court system and structure.

Did not change the chief justice selection or 10 Did not change the chief justice selection or 10 year term of office, or number of justicesyear term of office, or number of justices

Created Court of Appeals to hear direct appeals Created Court of Appeals to hear direct appeals from the circuit courts.from the circuit courts.

Freed the Supreme Court from direct appeals, Freed the Supreme Court from direct appeals, enabling it to select cases for review that are enabling it to select cases for review that are most important to the state or to the most important to the state or to the development of the law.development of the law.

6 4 2 Chief 3 5 6 4 2 Chief 3 5 77

PROPOSED CONSTITUTIONAL AMENDMENTPROPOSED CONSTITUTIONAL AMENDMENT

Section 1. Section 1. Section 4 (2) of article VII of the Section 4 (2) of article VII of the constitution is amended to read: constitution is amended to read: [Article VII] Section [Article VII] Section 4 (2) 4 (2) The justice having been longest a continuous The justice having been longest a continuous

member of said court, or in case 2 or more such member of said court, or in case 2 or more such justices shall have served for the same length of justices shall have served for the same length of

time, the justice whose term first expires, shall be the time, the justice whose term first expires, shall be the chief justice.chief justice. The chief justice of the supreme court The chief justice of the supreme court

shall be elected for a term of 2 years by a majority of shall be elected for a term of 2 years by a majority of the justices then serving on the court.the justices then serving on the court. The justice so The justice so designated as chief justice may, irrevocably, decline designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.continue to serve as a justice of the supreme court.

Blue = deleted Blue = deleted Red = added Red = added White = unchangedWhite = unchanged

Failed Referendum Amendments ►The chief justice of the supreme court

shall be elected for a term of 2 years by a majority of the justices then serving on the court, except that the chief justice serving on the effective date of the 2015-17 amendment to this section shall serve as chief justice until July 31, 2019.

► ASSEMBLY SUBSTITUTE AMENDMENT 1, January 14, 2015 ► SENATE SUBSTITUTE AMENDMENT 2, January 20, 2015

Failed Referendum Amendments

►Except as otherwise provided in this section, the justice having been longest a continuous member of said court, or in case 2 or more such justices shall have served for the same length of time, the justice whose term first expires, shall be the chief justice. Beginning August 1, 2019, the chief justice of the supreme court shall be elected for a term of 2 years by a majority of the justices then serving on the court.

► SENATE SUBSTITUTE AMENDMENT 1, January 20, 2015

PRO

►. Wilcox testified to lawmakers this month that the change would make the court more collegial and transparent."It's sort of like the Golden Rule," he said at the time. "If everybody behaves, maybe someday they get to be chief justice.“

►Milwaukee Journal January 20, 2015

AGAINST► “This proposal is an invasion of the

sovereignty of our Supreme Court. ….We offered this amendment as a way for the supporters of the bill to demonstrate that their actions are not politically motivated.” Rep. Dana Wachs (D-Eau Claire)

► “To the extent that either enactment affects presently sitting judges and justices, it ignores and overturns the vote of the people. The people elected the members of the judiciary for a fixed term and a set office.” Chief Justice Abrahamson

► Wisconsin State Journal December 25, 2015

Ballot ReferendumBallot Referendum

Question 1: Question 1: ""Election of chief Election of chief justicejustice.. Shall section 4 (2) of article Shall section 4 (2) of article VII of the VII of the constitution be amended to direct that constitution be amended to direct that a chief justice of the supreme court a chief justice of the supreme court shall be shall be elected for a two-year term by a elected for a two-year term by a majority of the justices then serving on majority of the justices then serving on the court?"the court?"

Current Chief Justice Selection in Current Chief Justice Selection in U.S.U.S.

► Chief Justice selected by governor, legislature or Chief Justice selected by governor, legislature or a combination of elected officialsa combination of elected officials__ _23 __ _23

►Chief Justice selected from own body Chief Justice selected from own body _19 _19

►Chief Justice selected by seniority Chief Justice selected by seniority ______ 5______ 5

► Chief Justice voted by partisan election Chief Justice voted by partisan election 3 3

Terms for Self-Selected Chief Justices

► 1 year terms 1 state

►2 year terms 5 states






AMENDMENTS TO THE WISCONSIN CONSTITUTION

Era Total Amendments Submitted to Voters

Average per Year

Percentage Approved

Percentage of "Housekeeping"

Amendments Proposed

1848-1900 24 0.46 71% 75%

1900-1920 27 1.35 52% 33%

1920-1960 40 1.00 73% 33%

1960-2007 101 2.19 84% 38%

LONGEVITY ON THE COURT

Longest Chief Justice terms Longest serving justice

Chief Justice Rosenberry Chief Justice Abrahamson21 years (1916 to 1950). 39 years (1976-present)

Chief Justice Abrahamson Justice Orsamus Cole19 years (1995-present) 37 years (1855-1892)

Chief Justice Rosenberry 34 years (1916 to 1950)

Chief Justice Heffernan31 years (1964 to 1995)

Mandatory Retirement Age LegislationMandatory Retirement Age Legislation

► State Rep. Dean Knudson, R-Hudson, said it's State Rep. Dean Knudson, R-Hudson, said it's time for the Legislature to act and he favors a time for the Legislature to act and he favors a mandatory retirement age of 75.mandatory retirement age of 75.

► Knudson said his plan isn't aimed at Knudson said his plan isn't aimed at Abrahamson.Abrahamson.

► "To me, this isn't about people. It isn't about "To me, this isn't about people. It isn't about the job that anyone's doing. It's about the job that anyone's doing. It's about respecting the will of the people and the oath respecting the will of the people and the oath that we all take to the (U.S.) Constitution.”that we all take to the (U.S.) Constitution.” Milwaukee Journal Sentinel December 1, 2015Milwaukee Journal Sentinel December 1, 2015

Eligibility for Holding Seat on Supreme Eligibility for Holding Seat on Supreme CourtCourt

► 1955 state constitutional amendment1955 state constitutional amendmentno person may take/hold office as a justice no person may take/hold office as a justice unlessunless

the person is a qualified elector;the person is a qualified elector;

licensed to practice law in Wisconsin for at least 5 licensed to practice law in Wisconsin for at least 5 years immediately prior to appointment or election; years immediately prior to appointment or election;

a justice must retire at the end of the month in a justice must retire at the end of the month in which (s)he attains the age of 70.which (s)he attains the age of 70.

► 1968 state constitutional amendment1968 state constitutional amendmentno justice might serve beyond July 31 following no justice might serve beyond July 31 following the date on which (s)he turned seventy. the date on which (s)he turned seventy.

Eligibility for Holding Seat on Supreme Court-- Eligibility for Holding Seat on Supreme Court-- AGEAGE

► 1977 the constitutional amendment: the 1977 the constitutional amendment: the legislature may prescribe by statute a legislature may prescribe by statute a retirement age of not less than 70 years.retirement age of not less than 70 years.

Wisconsin Constitution Article VII, Wisconsin Constitution Article VII, Section 24 (2) Unless assigned Section 24 (2) Unless assigned temporary service under temporary service under subsection (3), no person may subsection (3), no person may serve as a supreme court justice serve as a supreme court justice or judge of a court of record or judge of a court of record beyond the July 31 following the beyond the July 31 following the date on which such person attains date on which such person attains that age, of not less than 70 that age, of not less than 70 years, years, which the legislature shall which the legislature shall prescribe by law.prescribe by law.

Ages Of Current Supreme Court Justices

►Shirley Abrahamson: Age 81 ►Patrick Crooks: Age 76 ►Patience Roggensack: Age 74 ►David Prosser: Age 72 ►Ann Walsh Bradley: Age 64►Annette Ziegler: Age 51►Michael Gableman: Age 48

Qualifications and Terms: Introduced In Other States in 2015

► Louisiana Removes mandatory judicial retirement age.

► Oklahoma Sets mandatory retirement age for appellate judges at 75. Judge serve out term after reaching age 75.

► Oklahoma Proposes mandatory retirement age based on formula: sum of years of service as judge + age = 80.

► Virginia Increases mandatory retirement to the end of a term after the age of 70. Contingent on implementation and funding of a Judicial Performance Evaluation Program.

► Virginia Increases the mandatory judicial retirement age from 70 to 73.

► Indiana Increases Mandatory Retirement age from 75 to 80

GOVERNOR WALKER'S BUDGET RECOMMENDATIONS GOVERNOR WALKER'S BUDGET RECOMMENDATIONS 2015-20172015-2017

► Judiciary budget allocationJudiciary budget allocation$138 million in Fiscal Year 2016 $138 million in Fiscal Year 2016 $$138138 million in Fiscal Year 2017 million in Fiscal Year 2017

$276 million total for biennium$276 million total for biennium

►Over the biennium = a $76,400 Over the biennium = a $76,400 increase to the judiciary’s budget.increase to the judiciary’s budget.

►Does not include the court expenditures by each of 72 counties

GOVERNOR WALKER'S BUDGET RECOMMENDATIONS GOVERNOR WALKER'S BUDGET RECOMMENDATIONS 2015-20172015-2017

BREAKDOWN BY COURT LEVELBREAKDOWN BY COURT LEVEL

► State Supreme Court =$29.76M FY16 & $29.81M FY17. State Supreme Court =$29.76M FY16 & $29.81M FY17. 5.6 percent decrease to the recommended FY 2016 5.6 percent decrease to the recommended FY 2016 budget 0.2 percent increase to the recommended FY budget 0.2 percent increase to the recommended FY 2016-2017.2016-2017.

► Court of Appeals = $10.67M FY16 and $10.70M FY17. Court of Appeals = $10.67M FY16 and $10.70M FY17.

2.6 percent increase to the recommended FY 2016 2.6 percent increase to the recommended FY 2016 budget 0.3 percent increase to the recommended FY budget 0.3 percent increase to the recommended FY 2016-2017.2016-2017.

► Circuit courts = $97.70M FY 2016 and for 2017. Circuit courts = $97.70M FY 2016 and for 2017.

1.9 percent increase to the recommended FY 2016 and 1.9 percent increase to the recommended FY 2016 and 2017 budgets.2017 budgets.

GOVERNOR WALKER'S BUDGET RECOMMENDATIONS GOVERNOR WALKER'S BUDGET RECOMMENDATIONS 2015-2017 2015-2017

►CREATESCREATES

1. Supreme Court Block Grant 1. Supreme Court Block Grant

2. Circuit Court Block Grant2. Circuit Court Block Grant

3. Judicial Compensation Commission3. Judicial Compensation Commission

4. Judicial Commission Subsumed 4. Judicial Commission Subsumed under Supreme Court under Supreme Court

5. Biennial Appropriation for the 5. Biennial Appropriation for the Director of State Courts & for the Law Director of State Courts & for the Law LibraryLibrary


► ELIMINATESELIMINATES

1.1. Judicial Council Judicial Council

2.2. Funding for Court Information SystemsFunding for Court Information Systems

3. 3. Chief Justice Salary Stipend (reduce Chief Justice Salary Stipend (reduce $155K to $155K to $147K) $147K)

4. Surcharge Exemptions 4. Surcharge Exemptions

5. 5. Division of Hearings & Appeals Division of Hearings & Appeals hearing hearing examiner appointment in contested crime victim examiner appointment in contested crime victim compensation & health care providers cases compensation & health care providers cases

6. 6. Uniform Chart of AccountsUniform Chart of Accounts


► CHANGESCHANGES

1. Modification of court interpreter fees payment1. Modification of court interpreter fees payment

2. Standard Budget Adjustments 2. Standard Budget Adjustments

3. CCAP Revenue Decrease ($10M reduced by 3. CCAP Revenue Decrease ($10M reduced by $3.3M)$3.3M)

► ITEMS REQUESTED BY COURT BUT NOT APPROVED ITEMS REQUESTED BY COURT BUT NOT APPROVED

1. Electronic Case Filing Infrastructure1. Electronic Case Filing Infrastructure

2. Statewide Coordinator for Problem-Solving Courts 2. Statewide Coordinator for Problem-Solving Courts

THANKS to Justice Geske

►Election Day April 7, 2015

►Absentee Balloting begins March 23, 2015

pruning the judicial branch: does the april 7 constitutional referendum and other pending...

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