950.09 Crime victims rights board.
(1) In this section, “board" means the crime victims rights board.
(2) At the request of one of the involved parties, the board may review a complaint made to the department under s. 950.08 (3) regarding a violation of the rights of a crime victim. A party may not request the board to review a complaint under this subsection until the department has completed its action on the complaint under s. 950.08 (3). In reviewing a complaint under this subsection, the board may not begin any investigation or take any action specified in pars. (a) to (d) until the board first determines that there is probable cause to believe that the subject of the complaint violated the rights of a crime victim. Based on its review of a complaint under this subsection, the board may do any of the following:
(a) Issue private and public reprimands of public officials, employees or agencies that violate the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.
NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (a) to be unconstitutional as applied to judges.
(b) Refer to the judicial commission a violation or alleged violation by a judge of the rights of crime victims provided under this chapter, ch. 938 and article I, section 9m, of the Wisconsin constitution.
(c) Seek appropriate equitable relief on behalf of a victim if such relief is necessary to protect the rights of the victim. The board may not seek to appeal, reverse or modify a judgment of conviction or a sentence in a criminal case.
NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (c) to be unconstitutional as applied to judges.
(d) Bring civil actions to assess a forfeiture under s. 950.11. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed upon between the parties. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county in which the violation is alleged to have occurred.
NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held par. (d) to be unconstitutional as applied to judges.
(3) In addition to its powers under sub. (2), the board may issue reports and recommendations concerning the securing and provision of crime victims rights and services.
NOTE: In Gabler v. Crime Victims Rights Board, 2017 WI 67, the Supreme Court held sub. (3) to be unconstitutional as applied to judges.
(4) Actions of the board are not subject to approval or review by the attorney general.
(5) The board shall promulgate rules establishing procedures for the exercise of its powers under this section.
History: 1997 a. 181.
By its plain text, a “reprimand" of a judge under sub. (2) (a) would usurp the supreme court's authority to reprimand under the Wisconsin Constitution by declaring a judge's conduct improper through a formal adjudicatory process. While the court's constitutional judicial discipline power does not expressly include authority to assess a forfeiture or impose an equitable remedy, as sub. (2) (c) and (d) permit, allowing the legislature to create an executive board with the power to penalize or enjoin official judicial action would be anathema to the judicial independence preserved by the separation of governmental powers under the Wisconsin Constitution. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.
By subjecting a circuit court judge to quasi-judicial proceedings under this section, issuing a decision that bore the imprimatur of disciplinary authority, and concluding that the judge violated a victim's statutory and constitutional rights as a matter of law, the crime victims rights board intruded on the supreme court's exclusive authority to reprimand judges. Therefore subs. (2) (a), (c), and (d) and (3) and s. 950.11 cannot constitutionally apply to judges because those sections invade 2 exclusive aspects of judicial authority: the judicial power vested in the unified court system and the disciplinary function vested in the court. Gabler v. Crime Victims Rights Board, 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384, 16-0275.