Our state has an outstanding judicial system despite the criticisms of Wisconsin Manufacturing & Commerce (WMC). Data provided by the National Center for State Courts indicates that we can be proud of Wisconsin justice.
It is desirable that courts clear more cases than new ones so as to avoid backlogs. Of the 37 states evaluated in 2005, Wisconsin ranked seventh in clearing cases.
A more demanding test is the number of appeals filed. From 1996 to 2005, Wisconsin was seventh among the fifty states in declining appellate caseload. Of the fifty states and the District of Columbia, Wisconsin ranked 18th in the number of appeals per capita.
WMC claims we need ‘tort reform.’ They claim it is too easy to bring a tort action against a manufacturer. Of 32 states ranked in 2005, Wisconsin was the 10th best in terms of having the fewest tort cases per capita.
Wisconsin is one of the leading states with an overall decline in tort cases in the last decade. In 1998, new tort cases filed in Wisconsin totaled 8,725. That included 161 in the product liability category. In 2005, the last year for which we have complete date, the overall number of tort cases was down to 7,402 and the product liability cases dropped to 126. Those are reductions of 15% and 20% respectively.
In 2007, the Institute for Legal Reform, who reflects the views of lawyers who are against plaintiff’s rights ranked Wisconsin tenth of 50 states after the Badger state was ranked 23rd in 2006. Their ranking system is suspect, but it reaffirms the notion of a fair Wisconsin judiciary.
An examination of our judiciary is not complete without looking at the complaints filed against the judges. In our state the Wisconsin Judicial Commission, an independent body reviews all complaints. Occasionally judges like Annette Ziegler, now a Supreme Court justice, are recommended for reprimand or discipline, but that is the exception not the rule.
In 2006, the commission looked at 101 allegations involving 60. In total, in 2006, there were findings in six cases that lead to letters of concern or warnings. No judge, justice or court commissioner was subject to greater discipline or was the judge forced to resign.
Our judicial system goes back to the English Magna Carta issued in 1215, the basis of our Constitution. It states, “To no one will we sell, to no one will we deny, justice.”
Eight hundred years later we should take pride in our judicial system and make sure that we follow its tenets.
I've got it! The precipitous decline in product liability claims proceeds from the dearth of products manufactured in Wisconsin on account of the State's prohibitive defendant-adverse litigation climate.
The above talking point is provided as a free service to WMC.
Posted by: iT | February 04, 2008 at 06:29 AM
People that have suffered the injustice of our court system will never agree with you.
Posted by: Anon | February 04, 2008 at 12:28 PM
If you would've worked-in the word "taxes", iT, I would've been more impressed.
Posted by: John Foust | February 04, 2008 at 02:21 PM
ONE GREAT THING PAUL SOGLIN WILL ALWAYS BE REMEMBERED FOR IS HOW HE IS GREAT AT PROMOTING HIMSELF....
Posted by: Jim Mora | February 04, 2008 at 02:36 PM