(b) An ordinance of any county or a collective bargaining agreement may not diminish or abridge a right of a deputy sheriff that is granted under par. (a). An ordinance of such a county or a collective bargaining agreement may supplement and expand such a right in a manner that is not inconsistent with par. (a).
59.54 (13) Arming sheriffs. The
county board of any county may furnish its sheriff, undersheriff and deputy sheriffs with the necessary arms, ammunition, gas bombs and gas sticks for the carrying out of their respective duties, such arms, ammunition, gas bombs and gas sticks to remain the property of the county.
(2) Keep a true and exact register of all prisoners committed to any jail under the sheriff's charge, in a book therefor for that purpose, which shall contain the names of all persons who are committed to any such jail, their residence, the time when committed and cause of commitment, and the authority by which they were committed; and if for a criminal offense, a description of the person; and when any prisoner is liberated, state the time when and the authority by which the prisoner was liberated; and if any person escapes, state the particulars of the time and manner of such escape.
(4) Personally, or by the undersheriff or deputies, serve or execute according to law all processes, writs, precepts and orders issued or made by lawful authority and delivered to the sheriff.
(5) Deliver on demand to the sheriff's successor in office, when the sheriff's successor has qualified according to law, the jail and other property of the county and all prisoners in such the jail, and all books, records, writs, processes, orders and other papers belonging to the sheriff's office and in the possession of the sheriff, undersheriff, jailer or deputies, except as provided in s. 59.33, and upon the delivery thereof such of these items the successor in office shall execute a receipt to the sheriff.
(6) In counties having a population of three hundred thousand 300,000 or more, assign one deputy, to be mutually agreed upon by the sheriff and the district attorney, to the office of the district attorney.
59.27 (8) The sheriff is authorized to destroy all sheriff's dockets, daily jail records and cash books dated prior to 1901. It shall be the duty of the sheriff to hereafter retain and safely keep all such records for a period of 8 years, or a shorter period authorized by the public records board under s. 16.61 (3) (b), after which the records may be destroyed.
59.23 (9) of the statutes is renumbered 59.27 (9).
59.23 (11) of the statutes is renumbered 59.27 (11) and amended to read:
59.25 (title) of the statutes is created to read:
59.25 of the statutes is renumbered 59.29 (1) and amended to read:
(b) Whenever a person convicted of, or charged with, any felony, the punishment for which is not less than 5 years' imprisonment, shall escape, or whenever any such felony shall be committed by any unknown person or persons the sheriff of the county from which such escape was made or in which such felony was committed may, with the consent of the chairperson of the board of such county when such board is not in session, and with the consent of the board when they are it is in session, offer such reward for the apprehension and delivery of such escaped person, or the apprehension or conviction of the perpetrator of such felony as the sheriff deems considers necessary, not exceeding $1,000 in any one case; but no such reward or any part thereof shall be paid to any such sheriff, undersheriff or any deputy. The right to any such reward shall be determined finally by such sheriff; and if more than one person claims the reward the sheriff shall determine what portion, if any, the claimants are entitled to, and shall certify the determination to the county treasurer, and such certificate shall be the treasurer's authority for paying the sum so certified.
59.26 of the statutes is renumbered 59.30 and amended to read:
59.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or medical examiner shall appear or practice as attorney in any court, draw or fill up any writ, pleading or proceeding for a party in any action, nor, with the intent to be employed in the collection of any demand or the service of any process, advise or counsel any person to commence an action or proceeding; and for violation of this section every such officer shall forfeit not exceeding more than $50.
59.27 of the statutes is renumbered 59.31 and amended to read:
59.29 (title) of the statutes is created to read:
59.29 of the statutes is renumbered 59.29 (2) and amended to read:
(b) The sheriff of any county having less than 300,000 population shall not receive the compensation provided under sub. (1) par. (a), unless the apprehension was duly authorized in writing by the district attorney or by the circuit judge for the county where the crime was committed. The written authority shall certify that the ends of justice will be subserved served by the apprehension and return of the person, and the sheriff shall attach the certificate to and file it with his or her itemized account of such services.
(c) If the district attorney certifies in writing that it is necessary or desirable, the sheriff or deputy sheriff may be accompanied and assisted in retaining custody of any such prisoner, by one or more other deputy sheriffs, who shall be entitled to compensation for such services
to compensation at the rate of $5 per day, unless a different rate is established by resolution of the county board, and to their necessary and actual expenses. Such compensation and expenses shall be claimed and allowed in the manner provided in sub. (1) par. (a) and the said certificate of the district attorney shall be attached to the verified account of such deputy for such services.
59.32 of the statutes is renumbered 59.32 (4) and amended to read:
59.33 of the statutes is amended to read:
59.33 Powers after term. (1) Every undersheriff and deputy sheriff, compensated for services by fees or by part salary and part fees, may execute and return all writs, processes and orders in their hands at the expiration of the sheriff's term of office and which the undersheriff or deputy sheriff has, prior to before that time, begun to execute by service, levy, advertisement or the collection of money thereon.
59.34 (title) Coroner, medical examiner duties; coroner compatibility.
59.34 (1) Coroner; medical examiner; duties. (intro.) The coroner shall do all of the following:
(a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.346 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis and shall be paid such compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court or district attorney upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.
(b) When there is no sheriff or undersheriff in any county organized for judicial purposes, exercise all the powers and duties of sheriff of that county until a sheriff is elected or appointed and qualified; and when the sheriff for any cause is committed to the jail of that county, be keeper thereof during the time that the sheriff remains a prisoner therein.
(c) Serve and execute process of every kind and perform all other duties of the sheriff when the sheriff is a party to the action and whenever the clerk of the circuit court addresses the original or other process in any action to the coroner as provided in s. 59.395 (6) 59.40 (2) (o), execute the same in like manner as the sheriff might do in other cases; exercise the same powers and proceed in the same manner as prescribed for sheriffs in the performance of similar duties; and in all cases the coroner and the coroner's sureties shall be liable in the same manner and to the same extent on the coroner's official bonds as sheriffs and their sureties are liable in similar cases.
(e) Act as coroner in a nearby county when requested to do so under s. 59.345 (2) sub. (2) (b).
59.34 (5) of the statutes is repealed.
59.34 (2) Coroner; compatibility with other offices. (a) Notwithstanding s. 979.04 (3) and except as provided in sub. (2) par. (b), any person holding office under s. 59.34 sub. (1) may also serve as a volunteer emergency medical technician or volunteer fire fighter.
(b) 1. No person serving as a coroner under s. 59.34 sub. (1) who also serves as a volunteer emergency medical technician or a volunteer fire fighter may participate as a coroner in any case in which he or she may be required to participate as a volunteer emergency medical technician or a volunteer fire fighter. If an apparent or actual conflict of interest arises between the person's duties as coroner and as volunteer emergency medical technician or volunteer fire fighter, the deputy coroner shall act as coroner in the case in which the conflict exists. If there is no deputy coroner, the coroner shall request that the coroner, medical examiner, deputy coroner or a medical examiner's assistant in a nearby county act as coroner in the case in which the conflict exists. Any fees owed to or expenses incurred by the acting coroner from the nearby county shall be paid by the county that requested the acting coroner's services.
59.38 (1) Medical examiner, assistants; salaries; fees; report. The medical examiner and medical examiner's assistants authorized by the county board shall be paid semimonthly out of the county treasury of the proper county, for the performance of all their official duties and in lieu of all other compensation, salaries to be fixed by the county board. The medical examiner and medical examiner's assistants shall collect for all services performed, except in cases where the county is solely liable, all fees that coroners are by law entitled to receive, and shall keep accurate books of account in which shall be entered from day to day the items of services rendered, the titles of the proceedings in which and the names of the persons for whom rendered, and the fees charged and received, and shall, at the end of every 3 months, render to the county board of the county and to the county treasurer an accurate report or statement, verified by his or her oath, of all fees and income collected by them or for them during the 3 months; and at the same time they shall pay to the treasurer of the county all fees and incomes collected by them, or which they were entitled by law to charge or receive, not paid to the treasurer. The medical examiner or a medical examiner's assistant shall act as coroner in a nearby county when requested to do so under s. 59.345 (2) 59.34 (2) (b).
59.353 of the statutes is renumbered 59.38 (3) and amended to read:
59.36 of the statutes is renumbered 59.37 and amended to read:
59.37 of the statutes is renumbered 59.36 and amended to read:
59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a funeral establishment as defined in s. 445.01, or an employe of a funeral establishment, and no funeral establishment with which such a coroner, deputy coroner, medical examiner or assistant medical examiner is associated, shall perform any of the services of a funeral director upon the body of any person whose death is required by law to be investigated by such coroner, his or her deputy, medical examiner or assistant medical examiner. Any person who violates this section shall be fined not more than $50.
59.38 (title) of the statutes is created to read:
59.38 (title) Medical examiner and assistants.
59.38 of the statutes is renumbered 59.40 (1) and amended to read:
(b) Counties of more than 500,000 population. In counties having a population of 500,000 or more the clerk shall appoint one chief deputy and 4 assistant chief deputy clerks, 3 calendar deputy clerks, and one or more deputy clerks as the county board authorizes. The deputy clerks shall aid the clerk in the discharge of the clerk's duties under the supervision of the clerk, the chief deputy clerk and the assistant chief deputy clerks. The appointments of the chief deputy clerk who is exempt from classified civil service and the calendar deputy clerks shall be in writing and filed in the clerk's office. These appointments shall be approved by the chief judge of the judicial administrative district, but are revocable at the pleasure of the clerk. The chief deputy clerk has all powers and duties of assistant chief deputy clerks, deputy clerks, and other court assistants except bailiffs and reporters and in the absence of the clerk from the office or from the court, the chief deputy clerk may perform all of the clerk's duties; or in case of a vacancy by resignation, death, removal or other cause the chief deputy clerk shall perform all such duties until the vacancy is filled.
59.40 (2) (a) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit such the papers. Such The papers may be microfilmed or microphotographed, or transferred to optical disks or electronic format if authorized under s. 59.145 59.52 (14), and the originals may thereafter be destroyed upon compliance with SCR chapter 72.
(b) Keep a court record and write therein in that record the names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file wherein in which the papers can be found, the time when the action or proceeding is put on the calendar for trial, and when and how the action or proceeding is disposed of; the location where minutes in every case can be found and the place in the judgment record or microfilm or optical disc or electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.
59.39 (3) and (4) of the statutes are renumbered 59.40 (2) (c) and (d) and amended to read:
59.40 (2) (c) Keep a criminal record and write therein in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information record where indictments and informations can be found.
(d) Keep a minute record and, except for actions under ch. 799, write therein in that record a brief statement of all proceedings in open court showing motions and orders during trial, names of witnesses, jurors drawn, the officer sworn to take them in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu of keeping a minute record, may elect to incorporate in the appropriate court record, civil or criminal, the data which this subsection paragraph requires to be recorded.
59.39 (7) and (8) of the statutes, as affected by 1995 Wisconsin Act .... (Senate Bill 344), are renumbered 59.40 (2) (e) and (f).
59.39 (9) of the statutes is renumbered 59.40 (2) (g) and amended to read:
59.395 (intro.) and (1) of the statutes are repealed.
(k) Keep a record called certificate lists and write or copy therein in the record a list of all certificates issued by him or her to witnesses, interpreters, jurors, sheriffs, deputy sheriffs and deputy clerks, stating the persons to whom issued, the number, date and amount of each certificate. At each annual session of the board, the board may request that the clerk prepare a summary report of certificates issued in the previous year.
(L) Send to the secretary of state on or before June 1 of each year a certified lists list of all municipal judges who filed their official bonds during the preceding year.
(m) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.
(n) Pay monthly to the county treasurer the amounts required by s. 302.46 (1) for the jail assessment surcharge. The payments shall be made by the 15th day of the month following receipt thereof.
(o) Address process to the coroner if a party, the party's agent or the party's attorney files an affidavit that the party believes the sheriff will not properly perform the sheriff's duty in such action.
(q) Perform such all other duties
as that are required by law.
59.40 (4) Clerk of circuit court; collection agency contract. If authorized by the county board under s. 59.07 (155) 59.52 (28), the clerk of circuit court may contract with a collection agency for the collection of unpaid fines and forfeitures. Any contract entered into shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. The net proceeds received by the clerk of circuit court after the payment to the collection agency shall be considered the amount of fines and forfeitures collected for purposes of distribution to the state and county under s. 59.395 (5) sub. (2) (m).
59.41 Not to act as attorney. No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the person holds the office of the clerk.
59.42 (title) of the statutes is created to read:
59.42 of the statutes is renumbered 59.40 (3) and amended to read:
59.40 (3) Clerk of court; fees; investment of funds. (a) The clerk of the circuit court shall collect the fees that are prescribed in ss. 814.60 to 814.63. The clerk may refuse to accept any paper for filing or recording until the fee prescribed in subch. II of ch. 814 or any applicable statute is paid.
(b) Except as provided in sub. (3) par. (c), the clerk may invest any funds that are paid into his or her office and which are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.04 (2) and all income that may accrue shall be paid into the county general fund.
59.43 (title) Register of deeds; duties, fees, deputies.
59.43 (12) (title) of the statutes is created to read:
59.43 (12) (title) Destruction, transfer of documents; recording, indexing documents.
59.455 (title) of the statutes is renumbered 59.42 (2) (title) and amended to read:
59.42 (2) (title) Corporation counsel in special counties; appointment, dismissal and duties.
59.455 of the statutes is renumbered 59.42 (2) (a) and amended to read:
59.456 (title) of the statutes is repealed.
59.456 (intro.), (1) to (3) and (5) of the statutes are renumbered 59.42 (2) (b) (intro.) and 1. to 4. and amended to read:
59.42 (2) (b) (intro.) The duties of the corporation counsel and assistant corporation counsels shall be, without restriction limitation because of enumeration, to:
1. Prosecute and defend all civil actions, proceedings, applications and motions in any court, commission, board, tribunal or body in any jurisdiction of this or other states or of the nation in which the county or any board, commission, committee or officer thereof is interested or a party by virtue of such the office; and shall in like manner represent or assist in representing the state, or any commission, board, agency or tribunal of the state, in such civil actions or proceedings when requested to do so by the attorney general or when the district attorney of said the county is required by any statute to do so.
3. Serve as legal adviser to the county highway commissioner and county highway committee and, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where such the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.
4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within said the county now or hereafter that are imposed by any statute upon the district attorney of such the county and for such purposes the term "district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are herein or hereafter conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under s. 165.25 (3).
59.458 of the statutes is renumbered 59.53 (6) and amended to read:
(c) If the place of trial is changed to another county in any action or proceeding under sub. (2) par. (b), an attorney responsible for support enforcement under sub. (1) par. (a) shall continue to prosecute or defend the action or proceeding in the other county.
59.50 of the statutes is renumbered 59.43 (3) and amended to read:
59.43 (3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be filed and recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.
Powers and duties of counties
59.51 (title) of the statutes is created to read:
(c) State upon the record of any instrument the number and denomination of all United States internal revenue stamps, if any, that are affixed thereto and shall also state upon the record the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25.
(h) Register, file and index as directed by law, all marriages contracted, deaths and births occurring in the county.
(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.
(k) Keep a book and record therein in that book all certificates of organization of corporations, and all amendments thereof of such certificates that are filed or required by law to be recorded in the register's office, and an alphabetical index of the names of such corporations, with a reference to the number and page of the volume where such writings are recorded respectively.
59.43 (1) (m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, indorsing endorsing on each document the document number and the date and time of reception.
(o) Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension or release pertaining to a filed financing statement or other chattel security document, enter the document number and the date and time of filing in the appropriate column of the indices referred to in sub. (12m) par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears.
59.51 (16) of the statutes is renumbered 59.43 (12) (d) and amended to read: