Purpose of the Judicial Branch
Role of the Judiciary
Issues brought to court form between citizens, businesses, organizations, corporations and other entities. The judicial branch provides means to conclude conflicts between parties and applies stances found in constitutions and laws to real-world events to seek and establish justice. In a court of law a judge applies appropriate segments of constitutions and laws to evidence with arguments to yield a verdict that identifies what is unlawful or protected by state or federal policies. Judges settle disputes fairly by placing liability, granting rights or managing other concerns with intent to bring conflicts to finality.
Wisconsin Judges Assigned by Election
Wisconsin judges are elected for Municipal, Circuit Court, Court of Appeals and Supreme Court positions. Prior to elections seek information for local candidates through city hall or website. Information for State and Federal judges can be found online on various websites. Speak out about behaviors of local judges that do not adhere to state guidelines to possibly prevent a reelection.
Judiciary & Public Trust
The judiciary earns local trust and confidence by faithfully performing duties, adhering to ethical standards and governance responsibilities. Is responsible for maintaining accountability by adhering to ethical standards.
Prepare for Court Hearings
Preparation for a hearing increases effectiveness and eliminates the need to hire legal representation. Unfortunately self-representation can result in unfairness depending on the judge at hand. Courthouse staff recommend hiring legal representation rather than answering questions classified as legal advice. A courthouse can provide procedural information since it is promoted by direction of a judge who manages courthouse efforts.
Statutes provide information regarding the State of Wisconsin judicial system:
Wis Stat Chapter 753 – Circuit Courts
Wis Stat Chapter 755 – Municipal Court
Wis Stat Chapter 757 – General Provisions Concerning Courts Of Record, Judges, Attorneys And Clerks
Wis Stat Chapter 758 – Judicial Branch Agencies And Committees
Wis Stat Chapter 800 – Municipal Court Procedure
The U.S. Supreme Court is the nation’s judicial supreme. Search online for “Wisconsin Supreme Court rulings (SCR)” to review what the U.S. Supreme Court imposes on lower courts nationwide and must be adhered to.
Case Law Explained
Case law explains past interpretation of statutes by judges or creates new rules where none existed, forming binding precedents that lower courts must follow in similar future cases, ensuring consistency and fairness by guiding how laws are applied in real-life situations, according to the principle of stare decisis (to stand by things decided).
Presenting past rulings in court adds additional arguments showing how a past judge handled a similar case in the past. The collection of past verdicts are referred to as case law, common law or judge-made law. Case law shows past actions of judges in addition to written law. Federal rulings apply in all states by federal preemption. State court decisions are binding only on lower courts within that specific state’s jurisdiction. State-level case law generally does not apply in other states.
Search online for case law at Justia U.S. Law.
History Section of Wisconsin Statutes – Case Law
Look for the “History:” section toward the bottom of Wisconsin statutes. It may contain applicable case laws established by judges in the past.
Website pages of the Wisconsin Constitution on the Wisconsin Legislature website contain numerous cases that stem from the portion of constitution where they rest.
Jurisprudence
The practice of jurisprudence is complex involving the study of law, its purpose and application to real-world events. Justices determine the meaning of statements within constitutions and laws, also how they apply to specific real-world situations.
Jurisprudence involves analyzing the nature of legal systems, the relationship between law and morality, and how legal reasoning functions. Contemplations and interpretations are available as jurisprudence online. Search “where is jurisprudence available online”.
Administrative Procedure & Review
Federal and state legislation explains service for judges to review actions of the government to determine if missteps were taken that can be contested or corrected. It ensures federal agencies operate transparently, accountability, and fairly when creating regulations or adjudicating disputes. It balances efficient administration with public input and provides judicial checks against arbitrary, unjustifiable, or unconstitutional government actions.
Judicial review covers a broad spectrum of issues such as maintaining checks and balances within government, upholding the rule of law, protecting individual rights, and invalidating unconstitutional/unlawful acts of government. Justices can invalidate laws, legislative acts, executive orders, regulations, or government actions that conflict with the Constitution or exceed statutory authority. Individuals “adversely affected or aggrieved” by agency action can seek judicial review through Chapter 227 Administrative Procedure and Review.
Judicial review can limit government overreach. Courts can halt or dictate the actions of federal, state, and local government workers. and agency actions that conflict with the Constitution, serving as a critical check on government power.
When courts invalidate laws or actions reform can take place. Courts determine if agency decisions are reasonable, authorized by law, and procedurally correct.
Wisconsin Judicial Commission
The judges can be held accountable for misconduct. When evidence of a judge’s actions are contrary to SCR Chapter 60 Code of Judicial Conduct, and other impositions upon the positions, they can be challenged for reelection by spreading the word locally and the evidence can be submitted to the Judicial Commission for possible correction or punishment.
Compare actions of a judge to position guidelines provided by the State of Wisconsin to understand if mistepping occurred.
SCR Chapter 60 Code of Judicial Conduct
SCR Chapter 70 Rules of Judicial Administration
Available Possibilities in Court
Appeals
Verdicts can be appealed for a defendant or prosecutor to have the matter addressed by an alternate judge. Ask courthouse staff for procedural information or search online for forms and motions.
Victim Impact Statement
Allows crime victims to describe the emotional, physical, and financial impact of a crime to the court before sentencing or parole decisions. Its purpose is to personalize the crime, inform judicial decisions on sentencing/restitution, and provide victims with a sense of closure. Statements can be sent to Wisconsin Courts through the Federal District Courts.
Court Orders
A judge can create court orders, a legally binding command issued by a judge that dictates specific action. Such orders can involve citizens, organizations, employees of the government and bodies of government.
Reconsideration
A formal request asking a court to review and potentially change a previous ruling. It is typically used to point out specific errors of law or fact, or to introduce newly discovered evidence that was unavailable during the original proceeding.