757.81 Definitions. In ss. 757.81 to 757.99: (1) “Commission” means the judicial commission created by s. 757.83. (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. (4) “Misconduct” includes any of the following: (a) Willful violation of a rule of the code of judicial ethics. (b) Willful or persistent failure to perform official duties. (c) Habitual intemperance, due to consumption of intoxicating beverages or use of dangerous drugs, which interferes with the proper performance of judicial duties. (d) Conviction of a felony. (5) “Panel” means a judicial conduct and disability panel constituted under s. 757.87. (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. History: 1977 c. 449; 1983 a. 378; 1991 a. 269; 1995 a. 77; 2001 a. 61. The provisions for judicial disciplinary proceedings under ss. 757.81 to 757.99 are constitutional. In re Complaint Against Seraphim, 97 Wis. 2d 485, 294 N.W.2d 485 (1980). 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. Al-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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Updated 23-24 Wis. Stats.
though a judge may commit a “willful” violation constituting judicial misconduct when the judge has no actual knowledge that the judge’s 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.
757.83
Judicial commission. (1) MEMBERSHIP; APPOINTMENT; TERMS. (a) There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and one court of appeals judge appointed by the supreme court; and 2 members of the State Bar of Wisconsin, who are not judges or court commissioners, appointed by the supreme court. The commission shall elect one of its members as chairperson. (b) The term of a member is 3 years, but a member shall not serve more than 2 consecutive full terms. A vacancy is filled by the appointing authority for the unexpired term. Members of the commission shall receive compensation of $25 per day for each day on which they were actually and necessarily engaged in the performance of their duties and shall be reimbursed for expenses necessarily incurred as members of the commission. (2) QUORUM; VOTING. A majority of the commission constitutes a quorum. The commission may issue a formal complaint or a petition only upon a finding of probable cause by a majority of the total membership not disqualified from voting. A member must be present to vote on the question of probable cause. A member shall not participate in any matter if a judge similarly situated would be disqualified in a court proceeding. (3) RULES. The commission shall promulgate rules under ch. 227 for its proceedings. (4) STAFF. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the State Bar of Wisconsin and shall provide staff services to the judicial commission. History: 1977 c. 449; 1979 c. 34, 154; 1983 a. 27, 378; 1987 a. 27; 1991 a. 269; 1995 a. 27; 2001 a. 103; 2007 a. 20. Cross-reference: See also JC, Wis. adm. code.