AB354,37,1918 757.01 (4) To exercise any of the powers and duties of a circuit court
19commissioner.
AB354, s. 80 20Section 80. 757.23 of the statutes is amended to read:
AB354,38,6 21757.23 Court commissioner, when disqualified. A municipal court
22commissioner, a
, circuit, or supplemental court commissioner, or any judge acting as
23a court commissioner, shall not act or take part in the decision of, or make any order
24in any matter or proceeding in which he or she is a party, or in which his or her rights
25would be in any manner affected by his or her decision or order thereon, or in which

1he or she is interested, or in which his or her law partner, or any person connected
2with him or her as employer, employee or clerk, or in the law business in any manner,
3shall be interested or appear as a party, agent, attorney or counsel. Any municipal
4court commissioner, circuit, or supplemental court commissioner or judge, acting as
5a court commissioner, violating this section shall forfeit $25 for each violation, and
6shall also be subject to removal from office.
AB354, s. 81 7Section 81. 757.24 of the statutes is amended to read:
AB354,38,13 8757.24 Liability of judicial officers. Circuit judges and circuit and
9supplemental
court commissioners shall be held personally liable to any party
10injured for any wilfull willful violation of the law in granting injunctions and
11appointing receivers, or for refusing to hear motions to dissolve injunctions and to
12discharge receivers if the motions are made in accordance with law or such rules as
13are promulgated by the supreme court.
AB354, s. 82 14Section 82. 757.30 (2) of the statutes is amended to read:
AB354,38,2215 757.30 (2) Every person who appears as agent, representative or attorney, for
16or on behalf of any other person, or any firm, partnership, association or corporation
17in any action or proceeding in or before any court of record, circuit or supplemental
18court commissioner, or judicial tribunal of the United States, or of any state, or who
19otherwise, in or out of court, for compensation or pecuniary reward gives professional
20legal advice not incidental to his or her usual or ordinary business, or renders any
21legal service for any other person, or any firm, partnership, association or
22corporation, shall be deemed to be practicing law within the meaning of this section.
AB354, s. 83 23Section 83. 757.675 (title) of the statutes is created to read:
AB354,38,24 24757.675 (title) Supplemental court commissioners.
AB354, s. 84 25Section 84. 757.68 (title) of the statutes is amended to read:
AB354,39,1
1757.68 (title) Court Circuit court commissioners.
AB354, s. 85 2Section 85. 757.68 (1) of the statutes is repealed and recreated to read:
AB354,39,153 757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial
4purposes, the county board shall establish the number of circuit court commissioner
5positions necessary for the efficient administration of judicial business within the
6circuit courts of the county. The circuit court commissioners may be employed on a
7full-time or part-time basis. Chapter 75 of the supreme court rules shall govern the
8qualifications for, and appointment, supervision, training, evaluation, and discipline
9of, circuit court commissioners. Any person qualified and acting as a judicial court
10commissioner on August 1, 1978, shall be considered a circuit court commissioner
11and shall continue in the classified county civil service but any person appointed as
12a court commissioner after August 1, 1978, shall be in the unclassified civil service.
13Each circuit court commissioner shall take and file the official oath in the office of
14the clerk of the circuit court of the county for which appointed before performing any
15duty of the office.
AB354, s. 86 16Section 86. 757.68 (2) (title) of the statutes is repealed.
AB354, s. 87 17Section 87. 757.68 (2) of the statutes is renumbered 757.675 (1) and amended
18to read:
AB354,40,1319 757.675 (1) In each county the circuit judges shall appoint such number of
20part-time supplemental court commissioners as the proper transaction of business
21requires subject to the following exception:, except that in counties having a
22population of 200,000 or more each judge may appoint not more than 2 such
23supplemental court commissioners and in counties having a population of less than
24200,000 each judge shall, as nearly as possible, appoint an equal number of
25supplemental court commissioners within the county. In all counties the

1appointments shall be subject to the approval of a majority of the circuit judges for
2the county. Appointments shall be in writing and shall be filed in the office of the
3clerk of the circuit court. All supplemental court commissioners appointed after May
416, 1978, other than official court reporters acting under s. 814.68 (1) (b) performing
5duties or exercising powers specified for court reporters,
shall be attorneys licensed
6to practice in this state. The appointing judge may remove, at will and without cause,
7any supplemental court commissioner appointed by the judge or the judge's
8predecessor in office. Unless he or she is so removed, the term of each supplemental
9court commissioner shall continue until the expiration of the term of the appointing
10judge and until the successor of the commissioner is appointed and qualified. Each
11supplemental court commissioner shall take and file the official oath in the office of
12clerk of the circuit court of the county for which appointed before performing any
13duty of the office.
AB354, s. 88 14Section 88. 757.68 (3), (4) and (5) (title) of the statutes are repealed.
AB354, s. 89 15Section 89. 757.68 (5) of the statutes is renumbered 757.675 (6) and amended
16to read:
AB354,40,1817 757.675 (6) Part-time Supplemental court commissioners appointed under
18sub. (2) (1) shall collect the fees prescribed in s. 814.68 (1).
AB354, s. 90 19Section 90. 757.68 (5m) of the statutes is created to read:
AB354,40,2520 757.68 (5m) In counties having a population of 500,000 or more, the county
21board shall establish at least one circuit court commissioner position on a full-time
22basis to assist in small claims matters under ch. 799. In counties having a population
23of less than 500,000, the county board may establish one or more circuit court
24commissioner positions on a part-time or full-time basis to assist in small claims
25matters under ch. 799.
AB354, s. 91
1Section 91. 757.68 (6) of the statutes is created to read:
AB354,41,42 757.68 (6) The county board shall set the salary of persons appointed as circuit
3court commissioners. The county board shall furnish circuit court commissioners
4with necessary office space, furnishings, supplies, and services.
AB354, s. 92 5Section 92. 757.68 (7) of the statutes is created to read:
AB354,41,96 757.68 (7) The chief judge of the judicial administrative district may assign law
7clerks, bailiffs, and deputies to a circuit court commissioner. The chief judge shall
8supervise those law clerks, bailiffs, and deputies assigned to the court, except that
9the chief judge may delegate that authority.
AB354, s. 93 10Section 93. 757.69 (title) of the statutes is amended to read:
AB354,41,11 11757.69 (title) Powers and duties of circuit court commissioners.
AB354, s. 94 12Section 94. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:
AB354,41,1313 757.69 (1) (intro.) A circuit court commissioner may:
AB354, s. 95 14Section 95. 757.69 (1) (b) of the statutes is amended to read:
AB354,42,215 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search
16warrants and, determine probable cause to support a warrantless arrest, conduct
17initial appearances of persons arrested and, set bail to the same extent as a judge.
18At the initial appearance, the court commissioner shall, when necessary
, inform the
19defendant in accordance with s. 970.02 (1). If the defendant appears or claims to be
20unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6),
21may
, and refer the person to the authority for indigency determinations specified
22under s. 977.07 (1). If the court commissioner is a full-time A circuit court
23commissioner, he or she employed on a full-time basis may conduct the preliminary
24examination and arraignment to the same extent as a judge and, with the consent
25of both the state and the defendant, may accept a guilty plea. If a court refers a

1disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner
2shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.
AB354, s. 96 3Section 96. 757.69 (1) (g) of the statutes is renumbered 757.69 (1) (g) (intro.)
4and amended to read:
AB354,42,75 757.69 (1) (g) (intro.) When assigned to the assist a court assigned jurisdiction
6under chs. 48 and 938, a court commissioner may, under ch. 48 or 938, issue
in
7juvenile matters:
AB354,42,8 81. Issue summonses and warrants, order .
AB354,42,10 92. Order the release or detention of children or expectant mothers of unborn
10children taken into custody, conduct.
AB354,42,11 113. Conduct detention and shelter care hearings, conduct.
AB354,42,12 124. Conduct preliminary appearances, conduct.
AB354,42,14 135. Conduct uncontested proceedings under ss. s. 48.13, 48.133, 938.12, 938.13
14and, or 938.18, enter.
AB354,42,15 156. Enter into consent decrees and exercise.
AB354,43,2 167. Exercise the powers and perform the duties specified in par. (j) or (m),
17whichever is applicable, in proceedings under s. 813.122 or 813.125 in which the
18respondent is a child. Contested waiver hearings under s. 938.18 and dispositional
19hearings under ss. 48.335 and 938.335 shall be conducted by a judge. When acting
20in an official capacity and assigned to the children's court center, a court
21commissioner shall sit at the children's court center or such other facility designated
22by the chief judge. Any decision by the commissioner shall be reviewed by the judge
23of the branch of court to which the case has been assigned, upon motion of any party.
24Any determination, order or ruling by the commissioner may be certified to the

1branch of court to which such case has been assigned upon a motion of any party for
2a hearing de novo.
AB354, s. 97 3Section 97. 757.69 (1) (g) 8. to 13. of the statutes are created to read:
AB354,43,54 757.69 (1) (g) 8. Conduct hearings under s. 48.21 or 938.21 and thereafter order
5a child or juvenile held in or released from custody.
AB354,43,76 9. Conduct hearings under s. 48.213 and thereafter order an adult expectant
7mother of an unborn child to be held in or released from custody.
AB354,43,88 10. Conduct plea hearings.
AB354,43,99 11. Conduct prehearing conferences.
AB354,43,1010 12. Issue orders requiring compliance with deferred prosecution agreements.
AB354,43,1111 13. Conduct all proceedings on petitions or citations under s. 938.125.
AB354, s. 98 12Section 98. 757.69 (1) (j) of the statutes is amended to read:
AB354,43,1413 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
14orders under s. 813.122 or 813.123.
AB354, s. 99 15Section 99. 757.69 (1) (k) of the statutes is repealed and recreated to read:
AB354,43,1816 757.69 (1) (k) Administer oaths, take, certify, and report depositions and
17testimony, take and certify acknowledgments, allow accounts, and fix the amount
18and approve the sufficiency of bonds.
AB354, s. 100 19Section 100. 757.69 (1) (m) of the statutes is amended to read:
AB354,43,2120 757.69 (1) (m) Hold hearings, make findings, and issue temporary restraining
21orders and injunctions under s. 813.12 or 813.125.
AB354, s. 101 22Section 101. 757.69 (1m) of the statutes is created to read:
AB354,44,223 757.69 (1m) Circuit court commissioners assigned to assist a court in juvenile
24matters shall sit at the children's court center, the usual court facility for juvenile

1matters, or such other facility designated by the chief judge of the judicial
2administrative district. Those commissioners may not do any of the following:
AB354,44,43 (a) Conduct fact-finding or dispositional hearings except on petitions or
4citations under s. 938.125 and except as provided in sub. (1) (g) 5.
AB354,44,75 (b) Make dispositions other than approving consent decrees, ordering
6compliance with deferred prosecution agreements and ordering dispositions in
7uncontested proceedings under s. 48.13, 48.133, 938.12, or 938.13.
AB354,44,88 (c) Conduct hearings for the termination of parental rights or for adoptions.
AB354,44,129 (d) Make changes in placements of children, of juveniles, or of the expectant
10mothers of unborn children, or revisions or extensions of dispositional orders, except
11pursuant to petitions or citations under s. 938.125 and in uncontested proceedings
12under s. 48.13, 48.133, 938.12, or 938.13.
AB354,44,1413 (e) Conduct hearings, make findings, or issue orders in proceedings under s.
1448.977 or 48.978.
AB354,44,1615 (f) Conduct waiver hearings under s. 938.18, except as provided in sub. (1) (g)
165.
AB354,44,1717 (g) Make any dispositional order under s. 938.34 (4d), (4h), or (4m).
AB354, s. 102 18Section 102. 757.69 (2) (intro.) of the statutes is amended to read:
AB354,44,2019 757.69 (2) (intro.) A judge may refer to a circuit court commissioner appointed
20under s. 48.065, 757.68, 757.72, 767.13 or 938.065
cases in which:
AB354, s. 103 21Section 103. 757.69 (2) (a) of the statutes is amended to read:
AB354,44,2422 757.69 (2) (a) The trial of an issue of fact requires the examination of an
23account, in which case the circuit court commissioner may be directed to report upon
24any specific question of fact involved therein.
AB354, s. 104 25Section 104. 757.69 (2m) of the statutes is created to read:
AB354,45,2
1757.69 (2m) Circuit court commissioners may exercise, under their own
2authority, all of the powers listed under s. 757.675 (2) to (5).
AB354, s. 105 3Section 105. 757.69 (3) of the statutes is renumbered 757.675 (2), and 757.675
4(2) (intro.) and (g), as renumbered, are amended to read:
AB354,45,65 757.675 (2) (intro.) Court Supplemental court commissioners appointed under
6s. 48.065, 757.68, 757.72, 767.13 or 938.065
may, under their own authority:
AB354,45,97 (g) Except as provided in s. 767.13 (5) (c) 757.69 (1) (p) 3., conduct a paternity
8proceeding according to the procedures set out in ch. 767 whenever a circuit court
9commissioner is specifically authorized to do so.
AB354, s. 106 10Section 106. 757.69 (4) and (5) of the statutes are renumbered 757.675 (3) and
11(4) and amended to read:
AB354,45,1412 757.675 (3) In addition to the duties expressly set forth in sub. (3) (2) (a) to (e)
13(i), a supplemental court commissioner may perform other ministerial duties as
14required by a court.
AB354,45,16 15(4) A supplemental court commissioner may transfer to a court any matter in
16which it appears that justice would be better served by such a transfer.
AB354, s. 107 17Section 107. 757.69 (6) of the statutes is repealed.
AB354, s. 108 18Section 108. 757.69 (7) of the statutes is renumbered 757.675 (5) and amended
19to read:
AB354,45,2220 757.675 (5) A supplemental court commissioner shall refer to a court of record
21for appropriate action every alleged showing of contempt in the carrying out of the
22lawful decisions of the supplemental court commissioner.
AB354, s. 109 23Section 109. 757.69 (8) of the statutes is created to read:
AB354,46,324 757.69 (8) Any decision of a circuit court commissioner shall be reviewed by the
25judge of the branch of court to which the case has been assigned, upon motion of any

1party. Any determination, order, or ruling by a circuit court commissioner may be
2certified to the branch of court to which the case has been assigned, upon a motion
3of any party for a hearing de novo.
AB354, s. 110 4Section 110. 757.695 of the statutes is repealed.
AB354, s. 111 5Section 111. 757.70 (2) of the statutes is amended to read:
AB354,46,106 757.70 (2) All hearings before a circuit or supplemental court commissioner
7shall be held in the county courthouse or other court facilities provided by law. This
8provision does not apply to nontestimonial proceedings, supplementary hearings on
9the present financial status of a debtor under s. 757.69 (3) 757.675 (2) (h) or
10depositions taken before a circuit or supplemental court commissioner.
AB354, s. 112 11Section 112. 757.72 (title) of the statutes is repealed.
AB354, s. 113 12Section 113. 757.72 (1) of the statutes is renumbered 757.68 (4m) and
13amended to read:
AB354,46,2414 757.68 (4m) In counties having a population of 500,000 or more, there is
15created in the classified civil service a circuit court commissioner position to
16supervise
the office of probate court commissioner and to assist the court in probate
17matters
. In counties having a population of at least 100,000 but not more than
18500,000, the county board may create a circuit court commissioner position to
19supervise
the office of probate court commissioner which and to assist in probate
20matters. That position
may be in the classified civil service. If the chief judge
21delegates that authority to a judge assigned to probate jurisdiction, that judge may
22assign to the circuit court commissioner any matters over which the judge has
23jurisdiction, and the circuit court commissioner may determine such matters and
24may sign any order or certificate required by that determination.
AB354, s. 114 25Section 114. 757.72 (2) of the statutes is repealed.
AB354, s. 115
1Section 115. 757.72 (3) of the statutes is repealed.
AB354, s. 116 2Section 116. 757.72 (4) of the statutes is repealed.
AB354, s. 117 3Section 117. 757.72 (5) of the statutes is renumbered 851.73 (1) (g) and
4amended to read:
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