Wisconsin Statutes
Wis. Stat. § 757.85 (2026)
Investigation; prosecution
✓ current as of July 2026
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757.85(1)(a)(a) The commission shall investigate any possible misconduct or permanent disability of a judge or circuit or supplemental court commissioner. Misconduct constitutes cause under article VII, section 11, of the constitution. Except as provided in par. (b), judges, circuit or supplemental court commissioners, clerks, court reporters, court employees and attorneys shall comply with requests by the commission for information, documents and other materials relating to an investigation under this section.
757.85(1)(b)(b) The judge or circuit or supplemental court commissioner who is under investigation is not subject to the request procedure under par. (a) but is subject to the subpoena procedure under sub. (2).
757.85(2)(2) The commission may issue subpoenas to compel the attendance and testimony of witnesses and to command the production of books, papers, documents or tangible things designated in the subpoena in connection with an investigation under this section.
757.85(3)(3) The commission may notify a judge or circuit or supplemental court commissioner that the commission is investigating possible misconduct by or permanent disability of the judge or circuit or supplemental court commissioner. Before finding probable cause, the commission shall notify the judge or circuit or supplemental court commissioner of the substance of the complaint or petition and afford the judge or circuit or supplemental court commissioner a reasonable opportunity to respond. If the judge or circuit or supplemental court commissioner responds, the commission shall consider the response before it finds probable cause.
757.85(4)(4) The commission may require a judge or circuit or supplemental court commissioner who is under investigation for permanent disability to submit to a medical examination arranged by the commission.
757.85(5)(5) The commission shall, upon a finding of probable cause that a judge or circuit or supplemental court commissioner has engaged or is engaging in misconduct, file a formal complaint with the supreme court. Upon a finding of probable cause that a judge or circuit or supplemental court commissioner has a permanent disability, the commission shall file a petition with the supreme court. If the commission requests a jury under s. 757.87 (1), the request shall be attached to the formal complaint or the petition.
757.85(6)(6) The commission shall prosecute any case of misconduct or permanent disability in which it files a formal complaint or a petition.
757.85(7)(7) Insofar as practicable, the procedures applicable to civil actions apply to proceedings under ss. 757.81 to 757.99 after the filing of a complaint or petition.
757.85 HistoryHistory: 1977 c. 449; 1983 a. 192; 1983 a. 378 s. 11m; 1985 a. 332; 1987 a. 72; 1991 a. 269; 2001 a. 61.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1980–2023 · leading case: The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67 (Wis. 2017).
The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67 (Wis. 2017). “See Wis. Stat. §§ 757.85 , 757.89. Importantly, if the judicial commission's prosecution of alleged misconduct results in a recommendation that a judge be disciplined, this court "review[s] the findings of fact, conclusions of law and recommendations .”
WJC v. Hon. Scott C. Woldt, 2021 WI 73 (Wis. 2021). “See Wis. Stat. § 757.85 (6) (2019–20).26 It can prosecute only "misconduct" or "permanent 25 A Judicial Conduct Panel has the statutory authority to make "recommendations regarding appropriate discipline for misconduct.”
Wisconsin Jud. Comm'n v. Gableman, 2010 WI 62 (Wis. 2010). “The Commission commenced this original action 23 by filing a complaint against then-Judge Gable-man with the clerk of the supreme court, pursuant to Wis. Stat. § 757.85 (5). In so doing, the Commission assumed the obligation to prosecute the complaint, § 757.”
Wisconsin Jud. Comm'n v. Prosser, 2012 WI 69 (Wis. 2012). “The Wisconsin Judicial Commission filed the complaint against Justice Prosser in this court pursuant to Wis. Stat. § 757.85 (5) and did not request a jury.”
Matter of Disciplinary Proceedings Against Guay, 303 N.W.2d 669 (Wis. 1981). “On October 1, 1979, the judicial commission notified the respondent that it was investigating his possible misconduct pursuant to the authority granted it under sec. 757.85, Stats. Respondent was informed of the substance of the allegations against him on October 15, 1979 and…”
In Re Jud. Disciplinary Proceedings Against Breitenbach, 482 N.W.2d 52 (Wis. 1992). “The rules of civil procedure, which by statute are applicable to judicial disciplinary proceedings "insofar as practicable," sec. 757.85(7), Stats., permit a plaintiff to dismiss em action without order of the court by filing a stipulation of dismissal signed by sill parties who…”
Rebecca Clarke v. Wisconsin Elections Comm'n, 2023 WI 66 (Wis. 2023). “See Wis. Stat. § 757.85 (3), (5). 2. Due Process and Prejudgment ¶60 The Legislature assails my statements that Wisconsin's legislative maps are "gerrymandered," "rigged," and "unfair;" that the Johnson decision was wrong; and that I agree with the dissent 30 No.”
Seraphim v. Jud. Conduct Panel, Etc., 483 F. Supp. 295 (E.D. Wis. 1980). “At the hearing stage, an advisory body compiles and files with the supreme court a record which includes findings of fact, conclusions of law, and recommendations regarding appropriate discipline. Id. § 757.89. If the judicial commission requests a jury, then the advisory body…”
The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd. (Wis. 2017). “See Wis. Stat. §§ 757.85 , 757.89. Importantly, if the judicial commission's prosecution of alleged misconduct results in a recommendation that a judge be disciplined, this court "review[s] the findings of fact, conclusions of law and recommendations .”
Stephen Joseph Wright v. Wisconsin Elections Comm'n, 2023 WI 67 (Wis. 2023). “See Wis. Stat. § 757.85 (3), (5). 2. Due Process and Prejudgment ¶60 The Legislature assails my statements that Wisconsin's legislative maps are "gerrymandered," "rigged," and "unfair;" that the Johnson decision was wrong; and that I agree with the dissent 30 No.”
— Wis. Stat. § 757.85(1) — 1 case
Seraphim v. Jud. Conduct Panel, Etc., 483 F. Supp. 295 (E.D. Wis. 1980). “At the hearing stage, an advisory body compiles and files with the supreme court a record which includes findings of fact, conclusions of law, and recommendations regarding appropriate discipline. Id. § 757.89. If the judicial commission requests a jury, then the advisory body…”
— Wis. Stat. § 757.85(6) — 1 case
Wisconsin Jud. Comm'n v. Gableman, 2010 WI 62 (Wis. 2010). “The Commission commenced this original action 23 by filing a complaint against then-Judge Gable-man with the clerk of the supreme court, pursuant to Wis. Stat. § 757.85 (5). In so doing, the Commission assumed the obligation to prosecute the complaint, § 757.”
— Wis. Stat. § 757.85(7) — 1 case
In Re Jud. Disciplinary Proceedings Against Breitenbach, 482 N.W.2d 52 (Wis. 1992). “The rules of civil procedure, which by statute are applicable to judicial disciplinary proceedings "insofar as practicable," sec. 757.85(7), Stats., permit a plaintiff to dismiss em action without order of the court by filing a stipulation of dismissal signed by sill parties who…”
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