Article VII, Wisconsin Constitution

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Wisconsin Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Article VII of the Wisconsin Constitution is entitled Judiciary and consists of 24 sections.

Section 1

As amended Nov. 1932.

Text of Section 1:

Impeachment; Trial

The court for the trial of impeachments shall be composed of the senate. The assembly shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his office, after he shall have been impeached, until his acquittal. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two−thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law.[1]

1929 J.R. 72, 1931 J.R. 58, vote Nov. 1932.

Section 2

As amended April 1966 and April 1977.

Text of Section 2:

Court System

The judicial power of this state shall be vested in a unified court system consisting of one supreme court, a court of appeals, a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law, and a municipal court if authorized by the legislature under section 14.[1]

1963 J.R. 48, 1965 J.R. 50, vote April 1966; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 3

As amended April 1977.

Text of Section 3:

Supreme Court: Jurisdiction

(1) The supreme court shall have superintending and administrative authority over all courts. (2) The supreme court has appellate jurisdiction over all courts and may hear original actions and proceedings. The supreme court may issue all writs necessary in aid of its jurisdiction. (3) The supreme court may review judgments and orders of the court of appeals, may remove cases from the court of appeals and may accept cases on certification by the court of appeals.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 4

As amended Nov. 1877, April 1889, April 1903 and April 1977.

Text of Section 4:

Supreme Court: Election, Chief Justice, Court System Administration

(1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10−year terms of office commencing with the August 1 next succeeding the election. Only one justice may be elected in any year. Any 4 justices shall constitute a quorum for the conduct of the court’s business.

(2) 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. The justice so designated as chief justice may, irrevocably, decline to serve as chief justice or resign as chief justice but continue to serve as a justice of the supreme court.

(3) The chief justice of the supreme court shall be the administrative head of the judicial system and shall exercise this administrative authority pursuant to procedures adopted by the supreme court. The chief justice may assign any judge of a court of record to aid in the proper disposition of judicial business in any court of record except the supreme court.[1]

1876 J.R. 10, 1877 J.R. 1, 1877 c. 48, vote Nov. 1877; 1887 J.R. 5, 1889 J.R. 3, 1889 c. 22, vote April 1889; 1901 J.R. 8, 1903 J.R. 7, 1903 c. 10, vote April 1903; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 5

Text of Section 5:

Judicial Circuits

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 5

As created April 1977.

Text of Section 5:

Court of Appeals

(1) The legislature shall by law combine the judicial circuits of the state into one or more districts for the court of appeals and shall designate in each district the locations where the appeals court shall sit for the convenience of litigants.

(2) For each district of the appeals court there shall be chosen by the qualified electors of the district one or more appeals judges as prescribed by law, who shall sit as prescribed by law. Appeals judges shall be elected for 6−year terms and shall reside in the district from which elected. No alteration of district or circuit boundaries shall have the effect of removing an appeals judge from office during the judge’s term. In case of an increase in the number of appeals judges, the first judge or judges shall be elected for full terms unless the legislature prescribes a shorter initial term for staggering of terms.

(3) The appeals court shall have such appellate jurisdiction in the district, including jurisdiction to review administrative proceedings, as the legislature may provide by law, but shall have no original jurisdiction other than by prerogative writ. The appeals court may issue all writs necessary in aid of its jurisdiction and shall have supervisory authority over all actions and proceedings in the courts in the district.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 6

As amended April 1977.

Text of Section 6:

Circuit Court: Boundaries

The legislature shall prescribe by law the number of judicial circuits, making them as compact and convenient as practicable, and bounding them by county lines. No alteration of circuit boundaries shall have the effect of removing a circuit judge from office during the judge’s term. In case of an increase of circuits, the first judge or judges shall be elected.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 7

As amended April 1897, Nov. 1924 and April 1977.

Text of Section 7:

Circuit Court: Election

For each circuit there shall be chosen by the qualified electors thereof one or more circuit judges as prescribed by law. Circuit judges shall be elected for 6−year terms and shall reside in the circuit from which elected.

1895 J.R. 8, 1897 J.R. 9, 1897 c. 69, vote April 1897; 1921 J.R. 24S, 1923 J.R. 64, 1923 c. 408, vote Nov. 1924; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 8

As amended April 1977.

Text of Section 8:

Circuit Court: Jurisdiction

Except as otherwise provided by law, the circuit court shall have original jurisdiction in all matters civil and criminal within this state and such appellate jurisdiction in the circuit as the legislature may prescribe by law. The circuit court may issue all writs necessary in aid of its jurisdiction.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 9

As amended April 1953 and April 1977.

Text of Section 9:

Judicial Elections, Vacancies

When a vacancy occurs in the office of justice of the supreme court or judge of any court of record, the vacancy shall be filled by appointment by the governor, which shall continue until a successor is elected and qualified. There shall be no election for a justice or judge at the partisan general election for state or county officers, nor within 30 days either before or after such election.[1]

1951 J.R. 41, 1953 J.R. 12, vote April 1953; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 10

As amended Nov. 1912 and April 1977.

Text of Section 10:

Judges: Eligibility to Office

(1) No justice of the supreme court or judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected. No person shall be eligible to the office of judge who shall not, at the time of election or appointment, be a qualified elector within the jurisdiction for which chosen. (2) Justices of the supreme court and judges of the courts of record shall receive such compensation as the legislature may authorize by law, but may not receive fees of office.[1]

1909 J.R. 34, 1911 J.R. 24, 1911 c. 665, vote Nov. 1912; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 11

Text of Section 11:

Terms of Courts; Change of Judges

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 11

As created April 1977.

Text of Section 11:

Disciplinary Proceedings

Each justice or judge shall be subject to reprimand, censure, suspension, removal for cause or for disability, by the supreme court pursuant to procedures established by the legislature by law. No justice or judge removed for cause shall be eligible for reappointment or temporary service. This section is alternative to, and cumulative with, the methods of removal provided in sections 1 and 13 of this article and section 12 of article XIII.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 12

As amended Nov. 1882, April 2005.

Text of Section 12:

Clerks of Circuit and Supreme Courts

(1) There shall be a clerk of circuit court chosen in each county organized for judicial purposes by the qualified electors thereof, who, except as provided in sub. (2), shall hold office for two years, subject to removal as provided by law.

(2) Beginning with the first general election at which the governor is elected which occurs after the ratification of this subsection, a clerk of circuit court shall be chosen by the electors of each county, for the term of 4 years, subject to removal as provided by law.

(3) In case of a vacancy, the judge of the circuit court may appoint a clerk until the vacancy is filled by an election.

(4) The clerk of circuit court shall give such security as the legislature requires by law.

(5) The supreme court shall appoint its own clerk, and may appoint a clerk of circuit court to be the clerk of the supreme court.[1]

1881 J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 2003 J.R. 12, 2005 J.R. 2, vote April 2005.

Section 13

As amended April 1974 and April 1977.

Text of Section 13:

Justices and Judges: Removal by Address

Any justice or judge may be removed from office by address of both houses of the legislature, if two−thirds of all the members elected to each house concur therein, but no removal shall be made by virtue of this section unless the justice or judge complained of is served with a copy of the charges, as the ground of address, and has had an opportunity of being heard. On the question of removal, the ayes and noes shall be entered on the journals.[1]

1971 J.R. 30, 1973 J.R. 25, vote April 1974; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 14

As amended April 1977.

Text of Section 14:

Municipal Court

The legislature by law may authorize each city, village and town to establish a municipal court. All municipal courts shall have uniform jurisdiction limited to actions and proceedings arising under ordinances of the municipality in which established. Judges of municipal courts may receive such compensation as provided by the municipality in which established, but may not receive fees of office.[1]

1975 J.R. 13, 1977 J.R. 7, vote April 1977.

Section 15

Text of Section 15:

Justices of the Peace

Amended April 1945; repealed April 1966; see 1943 J.R. 27, 1945 J.R. 2, vote April 1945; 1963 J.R. 48, 1965 J.R. 50, vote April 1966.[1]

Section 16

Text of Section 16:

Tribunals of Conciliation

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 17

Text of Section 17:

Style of Writs; Indictments

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 18

Text of Section 18:

Suit Tax

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 19

Text of Section 19:

Testimony in Equity Suits; Master in Chancery

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 20

Text of Section 20:

Rights of Suitors

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 21

Text of Section 21:

Publication of Laws and Decisions

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 22

Text of Section 22:

Commissioners to Revise Code of Practice

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 23

Text of Section 23:

Court Commissioners

Repealed April 1977; see 1975 J.R. 13, 1977 J.R. 7, vote April 1977.[1]

Section 24

As created April 1955 and amended April 1968 and April 1977.

Text of Section 24:

Justices and Judges: Eligibility for Office; Retirement

(1) To be eligible for the office of supreme court justice or judge of any court of record, a person must be an attorney licensed to practice law in this state and have been so licensed for 5 years immediately prior to election or appointment. (2) Unless assigned temporary service under subsection (3), no person may serve as a supreme court justice or judge of a court of record beyond the July 31 following the date on which such person attains that age, of not less than 70 years, which the legislature shall prescribe by law. (3) A person who has served as a supreme court justice or judge of a court of record may, as provided by law, serve as a judge of any court of record except the supreme court on a temporary basis if assigned by the chief justice of the supreme court.[1]

1953 J.R. 46, 1955 J.R. 14, vote April 1955; 1965 J.R. 101, 1967 J.R. 22 and 56, vote April 1968; 1975 J.R. 13, 1977 J.R. 7, vote April 1977.

See also

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