WSLL @ Your Service August 2024
Contents
Wisconsin Constitutional Amendments - Michael Keane
August brings Wisconsin's fall primary and with it this year, an opportunity for voters to ratify or reject amendments to Wisconsin's constitution.
Wisconsin's constitution provides a process for amendment at Article XII, Section 1. This requires any amendment to the constitution to be approved by two consecutive sessions of the legislature before being submitted to the people for ratification at the ballot box.
Amendments are normally proposed by being introduced as a joint resolution in one of the two houses of the legislature. If a majority of members in that house approve the joint resolution, it is messaged to the other house. A majority of members approving in the second house constitutes "first consideration" approval, and the joint resolution will be enrolled. All votes relating to the approval of constitutional amendments must have the ayes and noes recorded in the journals of the respective houses. Once approved on first consideration, the amendment must be published in the three months prior to the next general election.
The next session of the legislature will have the option of approving the proposed amendment on "second consideration". This is also done by joint resolution. This process is substantially similar to "first consideration" approval, with a few important differences. The text of the amendment must be approved in identical wording to the "first consideration" resolution of the previous session; any alteration to the amendment text itself will send the amendment back to "first consideration" status. The second consideration joint resolution will include a date on which the voters must vote on ratification; it will also prescribe a ratification question to be posed to voters statewide. These portions of the joint resolution may be amended. If passed by a majority of each house on second consideration, the amendment joint resolution is enrolled and the voters vote on the prescribed question on the prescribed date.
If a majority of those voting on the ratification question vote "yes," then the amendment has been ratified and becomes part of the constitution upon certification of the results by the chairperson of the elections commission, unless another date is specified in the amendment. (Wisconsin Statute 7.70(3)(h)).
The two amendments on the ballot in August, dealing with the expenditure of federal funds, were approved by the legislature on first consideration during the 2021 session (2021 Senate Joint Resolution 84; Enrolled Joint Resolution 14); they were approved on second consideration by the 2023 legislature (2023 Assembly Joint Resolution 6; Enrolled Joint Resolution 14). Two questions must be submitted to the vote because two different constitutional revisions are incorporated in the single joint resolution. The Supreme Court has ruled that in such cases, separate questions must be submitted to the people. (State ex rel. Thomson v. Zimmerman, 264 Wis. 644).
It appears that, for the first time, the people will be asked to approve a constitutional amendment at a primary election. All previous constitutional amendments have been submitted to the voters for approval at the non-partisan general (April) election, or the partisan general (November) election. (Wisconsin Blue Book, p. 509-514).
In addition to amendments, the Wisconsin Constitution at Article XII, Section 2 permits the legislature by a majority vote of each house to recommend to the people a convention to revise or change the constitution. If the legislature recommended such a convention, the people would vote on the convention; if a majority voted in favor, the legislature would be required at its next session to provide for a convention. No such convention has ever been proposed by the legislature pursuant to Article XII, Section 2.
Image source: Adobe Stock Photos
New Jury Instructions Released - Carol Hassler
The July 2024 releases of the Children's, Civil, and Criminal jury instructions are now available at https://wilawlibrary.gov/jury/. The Wisconsin Jury Instructions are created and edited by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference.
All three instruction sets feature new and updated instructions for July 2024. They were last updated in January 2024.
The printable releases can be downloaded at any time from the "Update releases" page for each set.
Blank pages have been inserted to make double sided printing easier. File new, updated, and revised instructions, along with the updated tables and index in your print set. Complete printable files of each instruction set and finding aids are also available for those who need to print a complete set. Download them at https://wilawlibrary.gov/jury/
For information on the status of the Committee's work, please contact Bryce Pierson at bryce.pierson@wicourts.gov.
New Books - Chris Schroeder
New Edition! Legal research in a nutshell, by Kent Olson
Call number: KF 240 .C54 2024
Legal research in a Nutshell is an important resource for lawyers seeking to improve their legal research. It meticulously details the use of major online services, free Internet resources, and library materials, making it an essential tool for efficient and productive research. From legislative history to international law, its comprehensive coverage and practical insights ensure that it is a must-have for any legal practitioner's collection. The inclusion of state research guides and subject-specific treatises further enhances its value as a go-to reference.
Topics include:
- The research process
- Background and analysis
- Administrative law
- Court rules and practice
- International law
New Edition! Attorneys' fees, by Robert Rossi
Call number: KF 316 .S65 2024
Attorneys' Fees, 3rd Edition, provides a comprehensive guide to navigating the complexities of attorneys fee arrangements. From retainers to contingent fees, and court-awarded fees pursuant to statute, this book offers extensive coverage of the substantive and ethical considerations for negotiating fees. Citations to numerous cases from many sources make it an Important resource for legal professionals seeking clarity on fee recovery and negotiation.
Topics covered:
- Retainers, contingent fees, and other fee arrangements
- Factors governing the reasonableness of fees
- Recovering attorneys' fees as damages
- Attorneys' liens
See our latest New Titles list for a list of new books and other resources.
For assistance in accessing these or other resources, please contact our Reference Desk.
Women in Wisconsin Law: a Historical Timeline
Women make their mark on Wisconsin's legal landscape in many ways. In honor of Wisconsin Women Lawyers Day in June, the Wisconsin State Law Library created a timeline that chronicles the achievements, challenges, and pivotal moments of women who have shaped Wisconsin's legal landscape. From trailblazing attorneys and judges to activists and legislators, these women have made significant contributions to advancing justice and equality. Browse historical events and biographies to learn more about women who have made an impact on Wisconsin.
For a personal window into history, the library has included photographs and scans from the attorney roll books, which attorneys sign upon admittance to the practice of law. These treasured books date back to 1848, and capture Lavinia Goodell's signature when she was admitted to practice law before the Wisconsin Supreme Court in 1879. Follow links throughout the timeline to learn more about the individuals and events featured. Jump ahead to the 1950's to learn about Vel Phillips, who had a statute dedicated in her honor installed on the Wisconsin State Capitol grounds in July.
Visit Women in Wisconsin Law: a historical timeline
Library News - Carol Hassler
Libraries closed for holiday
All three libraries will be closed on Monday, September 2 in observance of the Labor Day state holiday. Send questions and requests to wsll.ref@wicourts.gov or leave a message at 608-267-9696. We'll get back to you on Tuesday, September 3rd.
Upcoming in-person classes and webinars
The Wisconsin State Law Library is excited to announce Lexis+ is now available for walk-in use at the State Law Library. Don't miss our last webinar of the summer!
Understanding the Risks, Rewards and Regulation of AI in the Legal Industry
Wednesday, August 21, noon-1:00 p.m.
Location: Live webinar - Register for Understanding the Risks, Rewards and Regulation of AI in the Legal Industry
Artificial intelligence, and in particular Generative AI tools, continue to grow in popularity and will have a significant impact on how legal professionals' complete daily tasks and obligations of their roles. As use of AI becomes more prevalent, it is critical for legal professionals to understand the risks and rewards of using these technologies in the workplace. In this session, attendees will learn about navigating the competitive advances of responsible AI in their business strategy, eliminating bias, and what solution providers are doing to create inclusive, responsible technologies. Presenters will also examine recent legislation and regulatory responses relevant to AI and what is on the horizon for the coming years.
It's never too early to get our fall classes on your calendar.
Introduction to Wisconsin Legislative History
Wednesday, September 18, noon-1:00 p.m.
Location: Live webinar - Register for Introduction to Wisconsin Legislative History
I need the legislative history of a Wisconsin statute. Where do I start? What do I do? Participants will look at the primary resources used to research Wisconsin legislative history, learn about the online Wisconsin legislative drafting files, and learn some helpful tips and tricks along the way. This introductory class covers basic research strategies and sources.Concept to Codification
Wednesday, October 16, noon-1:00 p.m.
Location: Wisconsin State Law Library training room - Register for Concept to Codification
Follow a bill through all the stages of the legislative process. This class starts with a proposal for a law, then follows that proposal through conception, drafting, introduction, hearings, debates, amendments, passage, approval, and finally codification into the statutes.Researching the Wisconsin Administrative Code
Wednesday, November 20, noon - 1:00 p.m.
Location: Live webinar - Register for Researching the Wisconsin Administrative Code
Discussion and instruction of the history and function of the administrative code, with tips and examples to show how to research the history of a rule.
Wisconsin recreation laws
State law librarian Amy Crowder shares research tips for finding boating, off-road recreation, and fishing laws. Get quick access to legal information on hiking, trail use, and camping, and recreational immunity in Wisconsin in her State Bar of Wisconsin InsideTrack article from last month, Legal Research 101: Wisconsin Recreation Laws.
August Snapshot
Summertime is Fair Time!
By Maya Labinski, Library Intern, Madison College
The world's largest creampuff, the iconic rides, agricultural exhibits, stage performances, and many more events all attract over one million people to the Wisconsin State Fair every year. This year's state fair is happening August 1 through August 11 . Many Wisconsinites have fond memories of county fairs and all the attractions they provide. Contributing to successful fairs are the many legal protections operating under the surface, keeping Wisconsinites safe.
One of these legal protections is governed by the Wisconsin Administrative Code ATCP 10.87(c), which requires a veterinarian to conduct a daily inspection of exhibited animals, if the fair lasts for more than 24 hours. Animals showing signs of infection need to be isolated from other animals and must be removed from the fair, which is established by a quarantine order.
Another legal protection is the regulation of food vendors to ensure public safety, under Wisconsin Administrative Code ATCP 75. Vendors are required to be licensed. Food safety training is also required, and it covers temperature danger zones, cleanliness, separation of raw ingredients, and waste disposal. Vendors start the process early to ensure they have the proper permits and work with a fair-employed manager in full compliance. Food vendors may be inspected throughout the fair.
Enjoy the ride. Amusement rides are regulated and inspected by the Department of Safety and Professional Services. Administrative Code SPS 334 covers registration, design, maintenance, record keeping and more.
This summer, whether you're watching the 4-H Expo or eating a cream puff, remember some of the laws in place so that the experience is fun, memorable, and safe for all!
