Images above, from left to right: Digest of Judicial Council Meeting Minutes, January 26, 1958; Letter to Governor Lucey from Judicial Council Secretary, April 3, 1974; Supreme Court press release publicizing new Rules of Civil Procedure drafted by the Judicial Council, February 17, 1975; Cover page of proposed changes to homicide statues by Judicial Council, January 5, 1985. Images curtesy of Wisconsin State Law Library - Judicial Council Collection.
Building the Foundation of Court Procedure
The Wisconsin Judicial Council was created by the Legislature in 1951 as an independent judicial branch agency under
Wis. Stat. 758.13. From 1929-1951, prior to codification, the Judicial Council existed as an advisory committee of the Wisconsin Supreme Court. The Judicial Council historically played a pivotal role in the development of most major rules or rules revisions and in the development of a significant number of legislative enactments affecting court procedure.
The Judicial Council's principal focus has been the review, development, and drafting of rules and statutes governing court procedures. The Council drafted Wisconsin's original rules of civil procedure (Chapters 799-847, Wisconsin Statutes), rules of appellate procedure (Chapters 808-809, Wisconsin Statutes), rules of criminal procedure (Chapters 967-980, Wisconsin Statutes) and rules of evidence (Chapters 901-911, Wisconsin Statutes) -- the core rules and procedures under which all Wisconsin state courts operate.
Today, the Council's primary focus is on studying these procedural rules to ensure their effectiveness, and recommending amendments to keep them consistent and current with modern practice and changes in technology. The Council conducts technical research on pleading, practice and procedures in the courts, and makes recommendations to the Supreme Court and the Legislature regarding court procedures.
Extensive explanatory comments, called Judicial Council Notes, are often written by the Judicial Council and published following the rules or statutes drafted by the Judicial Council to aid the reader in interpreting and applying the provision.
A summation of the Council's purpose and historic projects can be located
here. A report from the National Center for State Courts, released in 2007, provides additional details about the Council and can be located
here.