Judges' and circuit court commissioners’

certification of status of pending cases. (1)(a) Every judge of a circuit court shall decide each matter submitted for decision within 90 days of the date on which the matter is submitted to the judge in final 286 form, exclusive of the time the judge has been actually disabled by sickness. If a judge is unable to do so, within 5 days of the expiration of the 90-day period the judge shall so certify in the record of the matter and notify in writing the parties and the chief judge of the judicial administrative district in which the matter is pending, and the period is thereupon extended for one additional period of 90 days. This subsection applies to an assigned reserve judge. (b) In the exercise of its superintending and administrative authority over all courts and upon written request from a chief judge, the supreme court may extend the period specified in par. (a) for decision in specific matters as exigent circumstances may require. (2)(a) Within the first 10 days of each month every judge of a circuit court shall execute and file with the office of the director of state courts: 1. A certificate stating that there are no matters awaiting decision beyond the 90-day or, if extended by certification and notification, the 180-day period specified in sub. (1)(a), but if the 90-day period has been extended by certification and notification, a copy of the certification and notification shall be attached to the certificate; or 2. If there are matters so pending, a certificate setting forth the name and docket number of each of matter, the court in which it is pending, and the date on which it was submitted to the judge in final form. 3. Certificates filed under subd. 1. or 2. shall be retained by the office of the director of state courts for 10 years from the date of filing. (b) The office of the director of state courts shall send a copy of certificates listing pending matters to the chief judge of the judicial administrative district in which those matters are pending and shall notify the chief judge of a judicial administrative district of the failure of a judge within the district to file an certificate pursuant to this subsection. (3) The director of state courts, pursuant to SCR 70.10, and the chief judge, pursuant to SCR 70.19(3)(a), shall assign judges as needed or take other steps for the timely disposition of judicial business to assist a judge who has filed a certificate under sub. (2)(a)2 or 3. (4) Failure of a judge to comply with the requirements of sub. (1)(a) or sub. (2)(a) may result in one or more of the following remedial measures: (a) Change of the judge's assignment, pursuant to SCR 287 70.19(3)(a). (b) Referral of the matter by the director of state courts to the supreme court for the initiation of contempt proceedings. (c) Referral of the matter by the director of state courts to the judicial commission for investigation of possible misconduct. (5) (a) In this subsection, 1. “Chief judge” means the judge appointed under SCR 70.18 for the judicial administrative district in which the matter is pending. 2. “Circuit court commissioner” means a person appointed under SCR 75.02 (1) and a person authorized under SCR 75.02 (3) to the limited extent of that authorization. (b) A circuit court commissioner should not routinely take matters under advisement. Every circuit court commissioner shall decide any matter within 30 days after the matter is submitted to him or her for decision. If the circuit court commissioner is unable to decide a matter within 30 days, he or she shall notify the chief judge not later than 5 days before the end of the 30-day period. The chief judge may extend the period to decide the matter for an additional 30 days or may require the circuit court commissioner to suspend all other assigned activities until the decision is filed in the court. (d) The chief judge may withdraw temporarily or permanently the circuit court commissioner’s appointment or authority to act if the commissioner fails to comply with par. (b). COMMENT In addition to possibly constituting judicial misconduct under sec 757.81(4), Stats, a judge's failure to comply with this rule may constitute contempt of the supreme court and result in the court's imposing a fine for noncompliance. See, In re Hon. Charles E. Kading, 74 Wis.2d 405, 246 N.W.2d 903 (1976).