THE COUNCIL

The Wisconsin Judicial Council is imporant to every member of the State Bar. The Council was created by the Legislature in 1951. The Supreme Court has found that like the State Bar the Judicial Council is a public agency. Lathrop v. Donohue, 10 Wis. 2d 230, 243, 102 N.W.2d 404 (1960). Pursuant to Wis. Stat. §758.13(2)(g), the Council is charged with advising the Supreme Court, the Legislature and the Governor concerning issues related to the operation of the courts.

The Council has a special relationship with the Supreme Court. Pursuant to Wis. Stat. §758.13(2)(a), the Council shall “observe and study the rules of pleading, practice and procedure, and advise the Supreme Court as to changes which will … promote a speedy determination of litigation upon its merits.” In turn, when the Supreme Court creates rules regarding pleading, practice and procedure in the courts of Wisconsin, §751.12(5) specifies that the Council shall advise the Court.

Clearly, the work of the Council has the greatest impact on those members who regularly practice in our courts. Pursuant to Wis. Stat. §758.13(1), the composition of the Council includes preeminent scholars of the law, including a Supreme Court Justice, Judges and Legislators. The State Bar is allowed to elect three members from among its ranks. I am currently one of those representatives.