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WI · rules

SCR 70.36

Judges' and circuit court commissioners’ certification of status of pending cases

activein force · 2025-01-02 – presentact-effective-date

(1)(a) Every judge of a

circuit court shall decide each matter submitted for decision within 90

days of the date on which the matter is submitted to the judge in final

form, exclusive of the time the judge has been actually disabled by

sickness. If a judge is unable to do so, within 5 days of the expiration of

the 90-day period the judge shall so certify in the record of the matter and

notify in writing the parties and the chief judge of the judicial

administrative district in which the matter is pending, and the period is

thereupon extended for one additional period of 90 days. This subsection

applies to an assigned reserve judge.

(b) In the exercise of its superintending and administrative

authority over all courts and upon written request from a chief judge, the

supreme court may extend the period specified in par. (a) for decision in

specific matters as exigent circumstances may require.

(2)(a) Within the first 10 days of each month every judge of a

circuit court shall execute and file with the office of the director of state

courts:

1. A certificate stating that there are no matters awaiting decision

beyond the 90-day or, if extended by certification and notification, the

180-day period specified in sub. (1)(a), but if the 90-day period has been

extended by certification and notification, a copy of the certification and

notification shall be attached to the certificate; or

2. If there are matters so pending, a certificate setting forth the

name and docket number of each of matter, the court in which it is

pending, and the date on which it was submitted to the judge in final form.

3. Certificates filed under subd. 1. or 2. shall be retained by the

office of the director of state courts for 10 years from the date of filing.

(b) The office of the director of state courts shall send a copy of

certificates listing pending matters to the chief judge of the judicial

administrative district in which those matters are pending and shall notify

the chief judge of a judicial administrative district of the failure of a judge

within the district to file an certificate pursuant to this subsection.

(3) The director of state courts, pursuant to SCR 70.10, and the

chief judge, pursuant to SCR 70.19(3)(a), shall assign judges as needed

or take other steps for the timely disposition of judicial business to assist

a judge who has filed a certificate under sub. (2)(a)2 or 3.

(4) Failure of a judge to comply with the requirements of sub.

(1)(a) or sub. (2)(a) may result in one or more of the following remedial

measures:

(a) Change of the judge's assignment, pursuant to SCR

70.19(3)(a).

(b) Referral of the matter by the director of state courts to the

supreme court for the initiation of contempt proceedings.

(c) Referral of the matter by the director of state courts to the

judicial commission for investigation of possible misconduct.

(5) (a) In this subsection,

1. “Chief judge” means the judge appointed under SCR 70.18

for the judicial administrative district in which the matter is pending.

2. “Circuit court commissioner” means a person appointed

under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to

the limited extent of that authorization.

(b) A circuit court commissioner should not routinely take

matters under advisement. Every circuit court commissioner shall

decide any matter within 30 days after the matter is submitted to him

or her for decision. If the circuit court commissioner is unable to

decide a matter within 30 days, he or she shall notify the chief judge

not later than 5 days before the end of the 30-day period. The chief

judge may extend the period to decide the matter for an additional 30

days or may require the circuit court commissioner to suspend all

other assigned activities until the decision is filed in the court.

(d) The chief judge may withdraw temporarily or permanently

the circuit court commissioner’s appointment or authority to act if the

commissioner fails to comply with par. (b).

History

COMMENT In addition to possibly constituting judicial misconduct under sec 757.81(4), Stats, a judge's failure to comply with this rule may constitute contempt of the supreme court and result in the court's imposing a fine for noncompliance. See, In re Hon. Charles E. Kading, 74 Wis.2d 405, 246 N.W.2d 903 (1976).

Provenance

Source
www.wicourts.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
f1391a8b3f3f293a2e7a9213542a167a8c983facfcfc6e2f49150098a95549dd
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