The following testimony related to the creation of specialized dockets for commercial cases was submitted to members of the Senate Committee on Judiciary and Public Safety regarding Senate Bill 275 on Jan. 30th, 2024.
January 30, 2024
SENATE Bill 275
Judiciary and Public Safety
Chairman Wanggaard and members of the Committee,
Thank you for conducting this hearing on SB275. The Badger Institute urges you to approve this bill that recognizes the need for a specialized docket for commercial cases.
Many circuit judges rise to the bench through political appointments nowadays. Of the 22 circuit court judges Ballotpedia lists as having been appointed since September 2019, very few have any commercial or business litigation background.
The vast majority worked previously and predominantly as public defenders or assistant district attorneys or in a government position, according to a review of their backgrounds by the Badger Institute. Two were long-time politicians. At least two worked for Legal Action. Another two worked in county corporation counsel’s offices. Some had experience in private practice, but at most a handful, and perhaps only three, appear to have had any substantial experience in business litigation.
Regardless of the value to society of work as a public defender, and it is worth a great deal, the lack of background in the specialized field of business disputes can delay justice.
Judges can learn, of course, but that too is easier when there is a commercial docket and when judges can take training in specialty subjects that come up in disputes.
Some argue that specialized commercial dockets would create a new “two-tiered court system.”
In reality, allowing judges to focus on areas in which they have particular expertise is common. Wisconsin courts specialize in drunken driving cases, mental health cases, domestic violence cases, veterans’ cases. Juvenile-court judges must understand Adverse Child Experience scores and trauma. Drug court judges need to understand addiction. So, too, does Wisconsin need judges who have the background to swiftly understand franchisor-franchisee claims or tortious business activity. That isn’t two-tier justice any more than separating divorces from OWIs is.
Litigants appreciate these courts, according to a survey of all the businesses whose disputes were handled in Wisconsin’s pilot project. Did the business court do a better job than traditional civil courts in limiting delays? Ninety-four percent of the contending parties said yes. Did it do better at lowering legal costs? Eighty-six percent said true. Did the judge do better at moving the case to trial or settlement? Ninety-four percent said yes. Should the business court be made permanent? Ninety-six percent said yes, 58% strongly so.
The surveys are of both the winners and the losers in cases, illustrating that what disputants need, win or lose, is a prompt answer.
The real winners include not just one party or another but Wisconsin as a whole. Depending on businesses are networks of employees, customers and vendors. All these Wisconsinites – everyone who works for, buys from or sells to a business – are hurt when disputes drag on or when uncertainty over getting to a resolution simply chases an employer, a supplier or a buyer off to some state with a more favorable legal climate.
We hope you will quickly advance this measure on behalf of all Wisconsinites. Thank you for your consideration.
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