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                         JUDICIAL BRANCH








                 A PROFILE OF THE JUDICIAL BRANCH

  Introducing the Court System. The court system is probably the most remote
and least under-
stood branch of government. Though our attention may be drawn to the courts
by news ac-
counts of controversial cases and by dramatic portrayals of court proceedings
on television, the
personal involvement with the courts for many of us is likely limited to
a traffic violation, a
divorce proceeding or the settlement of a deceased relative's estate. Our
experience may lead us
to conclude that the judicial system is a complicated maze filled with obscure
procedures and
language seemingly only half understood by the lawyers and judges themselves.
  What may not be readily apparent is the tremendous variety and volume of
business trans-
acted in our court system. At one time or another almost every aspect of
life is touched by the
courts. Aside from the duty to try persons accused of criminal law violations,
which may be
punished by fine or imprisonment or both, the courts must decide civil disputes
between private
citizens ranging from the routine collection of an overdue charge account
to the complex adjudi-
cation of an antitrust case involving many millions of dollars and months
or even years of costly
litigation. The courts also must act as referees between the citizens and
their government by
deciding what are the permissible limits of governmental power and the extent
of an individual's
rights and responsibilities.
   A judicial system which strives for fairness and justice must be capable
of first finding the truth
 and then deciding disputes under the rule of law. Thus, the courts are the
places in which the
 facts are determined and the rules regulating conduct are interpreted and
applied. These rules are
 derived from a variety of sources including the state and federal constitutions,
legislative acts,
 administrative rules, and custom and experience expressed judicially in
the common law, that is,
 court decisions. This body of law is constantly changing to meet the needs
of our increasingly
 complex society. However, while these changes are often necessary and desirable,
the courts
 have the added responsibility of ensuring that the fundamental principles
of our constitutional
 system are protected and preserved.
   How well the judicial branch performs the tasks we assign it depends a
great deal on its organi-
 zation and structure. Because many citizens, lawyers, legislators and judges
complained that the
 judicial process had become expensive and time-consuming, the court system
in Wisconsin was
 substantially reorganized, first in 1959, then in 1977-78.
   History of the Court System. The basic powers and framework of the court
system in Wiscon-
 sin were laid out in Article VII of the Constitution when Wisconsin became
a state in 1848.
 Judicial power was vested in a Supreme Court, circuit courts, courts of
probate and justices of
 the peace. The legislature was granted power to establish inferior courts
and municipal courts
 and, subject to certain limitations, to determine their jurisdiction. By
the 1848 constitution, the
 state was divided into 5 judicial circuit districts. The 5 judges presiding
over the circuit courts
 were to meet at least once a year at Madison as a Supreme Court until the
legislature established
 a Supreme Court as a separate body. In 1853, the present Supreme Court commenced
with 3
 members - one elected to be chief justice and the other 2 elected to be
associate justices. In
 1877, the number of associate justices was increased to 4. In 1889, all
members of the court were
 designated as justices and the justice with the longest continuous service
was to preside as chief
 justice - a practice specified in the Wisconsin Constitution to the present
day. Since 1903, the
 number of justices of the Wisconsin Supreme Court has been 7.