REMOVAL BY ADDRESS
Removal of: Justices and Judges Initiated by: The Legislature
Removal by address is a procedure that allows the Legislature to remove justices and judges from office based on a supermajority vote in each house. Before removing a justice or judge, the Legislature must serve the individual with a copy of the charges forming the grounds for address and provide an opportunity for the justice or judge to be heard and to present a defense. The Legislature may then vote on removing the justice or judge by a 2/3rds vote of all the elected members of the Assembly, as well as a 2/3rds vote by all elected members of the Senate. [Wis. Const. art. VII, s. 13, and s. 17.06, Stats.]
The Wisconsin statutes specify grounds for removal by address, though the Wisconsin Constitution does not. Under the statutes, charges against a justice or judge must allege either misconduct, or that the judge is not physically or mentally qualified to exercise the judicial functions of the office. [s. 17.06 (2), Stats.
REMOVAL FOR CAUSE OR DISABILITY
Removal of: Justices and Judges Initiated by: The Supreme Court
Removal for cause or disability is a procedure that allows the Wisconsin Supreme Court to remove a justice or judge after an investigation and hearing. [Wis. Const. art. VII, s. 11.] The Wisconsin statutes provide grounds for removal and specify proceedings. A judge or justice may be removed based on “misconduct,” which includes violations of the judicial ethics code, failure to perform job duties, drug or alcohol abuse that interferes with job performance, or felony conviction. Alternatively, a judge or justice may be removed based on “permanent disability,”
3 Candidates contesting an election to the Senate or Assembly have access to the chamber during proceedings to settle the contested election, but cannot participate as voting members. [Assembly Rule 25 (5), Senate Rule 12.]
which is mental or physical incapacity impairing the judge’s or justice’s ability to perform judicial duties.4 [s. 757.81 (4) and (6), Stats.]
Removal for cause or disability begins with an investigation of the alleged misconduct or disability by the Wisconsin Judicial Commission. The Commission allows the justice or judge to respond to the allegations. If the Judicial Commission finds probable cause of misconduct or permanent disability, the matter is heard by a jury or by a panel of judges. The jury’s or panel’s findings and recommendations for discipline are then filed with the Supreme Court. The Supreme Court reviews the items and determines whether to remove the judge or impose other forms of discipline. [ss. 757.83 to 757.95, Stats.]
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