State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 757 > 757.81

757.81

757.81 Definitions. In ss. 757.81 to 757.99:

757.81(1)

(1) "Commission" means the judicial commission created by s. 757.83.

757.81(3)

(3) "Judge" means a judge of any court established by or pursuant to article VII, section 2 or 14, of the constitution, or a supreme court justice.

757.81(4)

(4) "Misconduct" includes any of the following:

757.81(4)(a)

(a) Willful violation of a rule of the code of judicial ethics.

757.81(4)(b)

(b) Willful or persistent failure to perform official duties.

757.81(4)(c)

(c) Habitual intemperance, due to consumption of intoxicating beverages or use of dangerous drugs, which interferes with the proper performance of judicial duties.

757.81(4)(d)

(d) Conviction of a felony.

757.81(5)

(5) "Panel" means a judicial conduct and disability panel constituted under s. 757.87.

757.81(6)

(6) "Permanent disability" means a physical or mental incapacity which impairs the ability of a judge or circuit or supplemental court commissioner to substantially perform the duties of his or her judicial office and which is or is likely to be of a permanent or continuing nature.

757.81 - ANNOT.

History: 1977 c. 449; 1983 a. 378; 1991 a. 269; 1995 a. 77; 2001 a. 61.

757.81 - ANNOT.

The provisions for judicial disciplinary proceedings under ss. 757.81 to 757.99 are constitutional. In Matter of Complaint Against Seraphim, 97 Wis. 2d 485, 294 N.W.2d 485 (1980).

757.81 - ANNOT.

A violation of the code of judicial conduct is "willful" for purposes of sub. (4) when the judge's conduct was not the result of duress or coercion and when the judge knew or should have known that the conduct was prohibited by the code. Although a judge may commit a "willful" violation constituting judicial misconduct when the judge has no actual knowledge that his or her conduct is prohibited by the code, the judge's actual knowledge, or lack thereof, of the code is relevant to the issue of discipline. Wisconsin Judicial Commission v. Ziegler, 2008 WI 47, 309 Wis. 2d 253, 750 N.W.2d 710, 07-2066.