SB 381 — Relating to: suspension without pay in cases of judicial misconduct or pending final determination in proceedings involving alleged judicial misconduct or permanent disability.

- 2026 LEGISLATURE LRBa0450/1LRB-4090/1 JK:cdcKRP:cdc SENATE AMENDMENT 1, TO SENATE BILL 381 OctoberJuly 2,28, 2025 - OfferedIntroduced by SenaOMCZYK ., ABRAL -GUEVARA, BRADLEY, ASS and Q UINN, cosponsored by Representatives S ORTWELL , A UGUST, B.

AtJACOBSON the, locationsG indicated,REEN, amendP theENTERMAN bill, asKNODL follows:, D ONOVAN , DITTRICH, M AXEY, O'CONNOR , GOEBEN , BEHNKE, ALLEN , REIBICH and M URPHY .

1.Referred to Committee on Judiciary and Public Safety.

PageA 2,N lineA 5:CT to amend 757.91 and 757.95 of the statutes;

afterrelating XforYto: insert XcriminalY.

2.suspension without pay in cases of judicial misconduct or pending final determination in proceedings involving alleged judicial misconduct or permanent disability.

PageAnalysis 2,by linethe 15:Legislative Reference Bureau The Wisconsin Constitution authorizes the supreme court to reprimand, censure, suspend, or remove for cause or for disability any judge or justice pursuant to procedures established by the legislature by law.

afterUnder XsectionYcurrent insertlaw, Xon the basissupreme ofcourt’s adisciplinary complaintauthority establishingalso probableextends causeto ofcourt criminalcommissioners. misconductY.

3.The Judicial Commission currently is charged with investigating alleged misconduct or permanent disability of a judge, justice, or court commissioner (judge).

PageUnder 2,current linelaw, 15:if the Judicial Commission finds probable cause that a judge has engaged or is engaging in misconduct, it files a formal complaint with the supreme court, and, if the Judicial Commission finds probable cause that a judge has a permanent disability, it files a petition with the supreme court.

afterUnder XpayYcurrent insertlaw, X,after excepta thatformal if,complaint uponor thepetition finalis determinationfiled, of the proceedings, the supreme court imposesmay notemporarily disciplinesuspend ona the judge orpending circuitfinal ordetermination supplemental court commissioner, the judge or circuit or supplemental court commissioner is entitled to back pay accrued from the first day of the suspensionproceedings. to the date of the final determinationY.

The supreme court ultimately determines the appropriate discipline or action in each proceeding.

This bill specifies that, if the supreme court imposes a temporary suspension pending final determination of proceedings or imposes a suspension as a disciplinary sanction in a case of misconduct, the suspension must be without pay.

- 2026 Legislature - 2 - LRB-4090/1 KRP:cdc SENATE BILL 381 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

757.91 of the statutes is amended to read:

757.91 Supreme court;

disposition.

The supreme court shall review the findings of fact, conclusions of law, and recommendations under s.

757.89 and determine appropriate discipline in cases of misconduct and appropriate action in cases of permanent disabilityIf the supreme court imposes a suspension for misconduct, the suspension shall be without pay.

The rules of the supreme court applicable to civil cases in the supreme court govern the review proceedings under this section.

S ECTION 2.

757.95 of the statutes is amended to read:

757.95 Temporary suspension by supreme court.

The supreme court may, following the filing of a formal complaint or a petition by the commission, prohibit a judge or circuit or supplemental court commissioner from exercising the powers of a judge or circuit or supplemental court commissioner pending final determination of the proceedingsIf the supreme court imposes a temporary suspension under this section, the suspension shall be without pay.