AB380: Bill Text

LRB-0137/3

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 380

June 10, 1999 - Introduced by Representative Huebsch, cosponsored by Senator George, by request of Director of State Courts. Referred to Committee on Judiciary and Personal Privacy.

AB380,4,5 An Act to repeal 48.065 (title), 48.065 (2) to (4), 753.175, 757.68 (2) (title), 757.68 (3), (4) and (5) (title), 757.69 (6), 757.695, 757.72 (title), 757.72 (2), 757.72 (3), 757.72 (4), 757.72 (6), 757.72 (7), 757.72 (8), 757.81 (2), 767.13 (title), 767.13 (2) (title), 767.13 (2) (b), (3) and (4), 767.13 (5) (title) and (a) (title), 767.13 (5) (b) (title), 767.13 (5) (c) (title), 767.13 (6), 767.13 (7) (title), 767.17 and 938.065; to renumber and amend 48.065 (1), 757.68 (2), 757.68 (5), 757.69 (1) (g), 757.69 (3), 757.69 (4) and (5), 757.69 (7), 757.72 (1), 757.72 (5), 767.13 (1), 767.13 (2) (a), 767.13 (5) (a), 767.13 (5) (b), 767.13 (5) (c) and 767.13 (7); to amend 13.24 (1), 19.01 (4) (c), 20.445 (3) (cb), 40.08 (9m), 46.03 (3), 48.06 (1) (a) 2., 48.208 (4), 48.21 (1) (a), 48.21 (1) (b), 48.21 (4) (intro.), 48.21 (7), 48.213 (1) (a), 48.213 (1) (b), 48.213 (3) (intro.), 48.213 (6), 48.227 (4) (a), 48.30 (9), 48.32 (1), 48.32 (2) (a), 48.32 (6), 49.25 (8) (b), 49.852 (3), 49.854 (2) (c), 49.854 (3) (ag) 2., 49.854 (3) (ar), 49.854 (3) (b), 49.854 (5) (f), 49.854 (6) (c), 49.854 (7) (c), 49.854 (7m), 49.855 (3), 49.855 (4m) (b), 49.856 (4), 49.857 (2) (c) 1., 49.857 (3) (ac), 49.857 (3) (ar), 49.858 (3), 51.10 (4m) (d), 51.20 (1) (c), 51.45 (12) (b) (intro.), 51.45 (12) (c) (intro.), 51.45 (12) (c) 1., 51.45 (13) (dm), 59.37, 59.53 (5) (a), 59.53 (5m) (a), 59.64 (1) (c) (title), 1. (intro.) and 2., 59.64 (1) (d) (intro.), 59.64 (1) (d) 1. (intro.), 59.64 (1) (e), 59.64 (1) (f), 59.64 (1) (g) 4., 59.79 (5), 63.03 (2) (z), 69.15 (3m) (a) 3. and 4., 75.43, 101.02 (5) (c), 103.005 (5) (c), 133.10 (1), 133.11 (1), 133.11 (3), 171.04 (1), 171.04 (2), 171.04 (3), 171.05, 171.06, 196.24 (2), 563.71 (1) (a), 563.71 (1) (c), 757.24, 757.30 (2), 757.68 (title), 757.69 (title), 757.69 (1) (b), 757.69 (1) (j), 757.69 (1) (m), 757.69 (2) (intro.), 757.69 (2) (a), 757.70 (2), 757.81 (6), 757.85 (1) (a), 757.85 (1) (b), 757.85 (3), 757.85 (4), 757.85 (5), 757.87 (1), 757.89, 757.93 (1) (a), 757.93 (1) (b), 757.93 (2), 757.93 (4) (a), 757.95, 757.99, 765.11 (1), 765.11 (2), 765.16 (5), 767.045 (1) (c) (intro.), 767.081 (title), 767.081 (1), 767.081 (2) (a) (intro.), 767.081 (2) (b), 767.083 (2), 767.085 (1) (i), 767.085 (1) (j) (intro.), 767.085 (3), 767.087 (1) (b), 767.087 (1) (c), 767.087 (2), 767.11 (1) (c), 767.11 (5) (a), 767.11 (5) (b), 767.11 (5) (c), 767.11 (6), 767.11 (7), 767.11 (13), 767.115 (1) (a), 767.115 (1) (b), 767.115 (1m), 767.115 (2), 767.12 (1), 767.125, 767.14, 767.145 (1), 767.15 (1), 767.16, 767.23 (1) (intro.), 767.23 (1) (a), 767.23 (1) (am), 767.23 (1m), 767.23 (1n), 767.25 (4m) (f) 2., 767.265 (1), 767.265 (2h), 767.265 (2r), 767.267 (1), 767.267 (5), 767.27 (2), 767.29 (title), 767.29 (1) (c), 767.29 (1) (d) (intro.), 767.29 (1) (d) 2., 767.29 (1) (e), 767.29 (1m) (b), 767.29 (3) (a), 767.29 (3) (b), 767.293 (1), 767.293 (2), 767.293 (3), 767.32 (1) (a), 767.327 (2) (c), 767.33 (2), 767.37 (1) (a), 767.37 (2), 767.45 (5) (b), 767.455 (5), 767.458 (1m), 767.46 (1), 767.463, 767.465 (2) (a), 767.51 (3m) (f) 2., 767.62 (2) (b), 767.62 (3) (b), 767.62 (4) (a), 767.62 (4) (b) 2., 767.62 (4) (b) 3. a., 767.62 (4) (b) 3. b., 767.62 (4) (b) 4. (intro.), 767.62 (4) (b) 4. c., 767.62 (4) (b) 5. a., 767.62 (4) (b) 6. b., 767.62 (4) (d) 1., 767.62 (4) (d) 2., 767.62 (4) (e) (intro.), 767.62 (4) (e) 14., 767.62 (4) (f), 769.102, 769.302, 782.01 (3), 782.03, 782.28, 799.03, 799.05 (7) (intro.), 799.06 (1), 799.11 (3), 799.20 (4), 799.206 (1), (2) and (4), 799.207 (title), 799.207 (1) (a), 799.207 (1) (b), 799.207 (1) (e), 799.207 (2) (intro.), 799.207 (3) (b), 799.209 (1) to (4), 799.21 (3) (b), 799.21 (4), 799.24 (1), 799.24 (3), 799.26 (1), 803.01 (3) (b) 1., 807.02, 807.04 (1), 807.09 (1), 812.30 (2), 813.025 (1), 813.12 (2) (a), 813.12 (2) (b), 813.12 (3) (a), 813.12 (3) (am), 813.12 (3) (c), 813.12 (3) (d), 813.12 (4) (a) (intro.), 813.12 (4) (a) 3., 813.12 (4) (am), 813.12 (4) (b), 813.12 (4m) (a) 2., 813.12 (4m) (b) (intro.), 813.12 (4m) (b) 2., 813.12 (5) (c), 813.12 (6) (a), 813.12 (7m), 813.122 (3) (a), 813.122 (3) (b) (intro.), 813.122 (3) (bm), 813.122 (4) (a) (intro.), 813.122 (4) (a) 1., 813.122 (4) (a) 2., 813.122 (5m) (a) 2., 813.122 (5m) (b) (intro.), 813.122 (5m) (b) 2., 813.122 (9) (a), 813.123 (3) (a), 813.123 (3) (b) (intro.), 813.123 (4) (a), 813.123 (8) (a), 813.125 (3) (a) (intro.), 813.125 (3) (a) 2., 813.125 (3) (c), 813.125 (4) (a) (intro.), 813.125 (4) (a) 2., 813.125 (4) (a) 3., 813.125 (4m) (a), 813.125 (4m) (c) 2., 813.125 (4m) (d) (intro.), 813.125 (4m) (d) 2., 813.125 (5) (am), 814.615 (3), 814.68 (title), 814.68 (1) (intro.), 814.68 (1) (a), 814.68 (1) (b) (intro.), 814.68 (1) (b) 1., 814.68 (2)., 816.03 (1) (b), 816.035 (1) and (2), 818.02 (6), 879.61, 885.10, 885.12, 887.26 (7), 898.02, 898.04, 898.11, 906.15 (1), 906.15 (2) (d), 906.15 (3), 911.01 (1), 938.06 (1) (a) 2., 938.208 (4), 938.21 (1) (a), 938.21 (1) (b), 938.21 (2) (c), 938.21 (4) (intro.), 938.21 (4m), 938.21 (7), 938.24 (5), 938.245 (3), 938.30 (9), 938.32 (1) (a), 938.32 (1d), 938.32 (1g) (intro.), 938.32 (1m) (intro.) and (a), 938.32 (1t) (a) 1., 938.32 (1t) (a) 1m., 938.32 (1t) (a) 3., 938.32 (1v), 938.32 (1x), 938.32 (2) (a), 938.32 (6), 940.203 (1) (b), 943.013 (1) (b), 946.495, 967.07, 971.20 (3) (a), 973.20 (13) (c) 4., 977.05 (6) (b) 2., 979.05 (1), 979.05 (4), 979.05 (5), 979.05 (6), 979.06 (1), 979.06 (2), 979.06 (3), 979.06 (4) (intro.), 979.06 (5), 979.08 (1), 979.08 (3) (intro.), 979.08 (6), 979.08 (7) and 979.09; to repeal and recreate 17.16 (1), 757.68 (1), 757.69 (1) (intro.), 757.69 (1) (k), 979.05 (2) and 979.05 (3); and to create 757.001, 757.01 (4), 757.675 (title), 757.68 (5m), 757.68 (6), 757.68 (7), 757.69 (1) (g) 8. to 13., 757.69 (1m), 757.69 (2m) and 757.69 (8) of the statutes; relating to: powers, responsibilities and appointment of court commissioners.

Analysis by the Legislative Reference Bureau

Current law establishes the powers and duties of family, juvenile, probate and part-time court commissioners. In addition, current law establishes how these court commissioners are appointed, who determines how many court commissioners shall be appointed and whether they are classified or unclassified within their respective counties. Currently, some of the powers of each of the different court commissioners are specified in the statutes related to their subject area, such as juvenile court commissioners' duties in chapter 48 and 938 of the statutes. Other duties of these court commissioners are specified in the general court statutes.

In supreme court order 97-10, the supreme court created chapter 75 of the supreme court rules. Those rules, effective January 1, 1999, create two types of court commissioners, circuit court commissioners (formerly included family, juvenile, small claims and probate court commissioners) and supplemental court commissioners (formerly part-time court commissioners). Under these rules, all circuit commissioners are appointed by the chief judge of their judicial administrative district. The powers of those circuit court commissioners are as specified by statute, except that the chief judge may, under the rules, authorize the powers that a specific circuit court commissioner may perform. Chapter 75 of the supreme court rules also authorizes the chief judge to allow a supplemental court commissioner to perform specific duties of a circuit court commissioner on a temporary basis.

This bill consolidates all of the powers and duties of court commissioners into one chapter of the statutes and codifies chapter 75 of the supreme court rules related to the appointment and authority of court commissioners. The bill creates two types of court commissioners, circuit court commissioners and supplemental court commissioners, and gives the chief judge of the judicial administrative district the power to appoint the circuit court commissioners. The bill does not change any of the powers and duties currently provided to court commissioners, but does specify that circuit court commissioners have, in addition to their own specified powers and duties, all of those powers and duties provided to supplemental court commissioners, as court commissioners have under current law.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB380, s. 1 Section 1. 13.24 (1) of the statutes is amended to read:

AB380,5,8 13.24 (1) After the service of the notice required by s. 13.23 either party may proceed to take the depositions of witnesses before any judge, circuit or supplemental court commissioner or a municipal judge in the district where the contest is pending, upon giving 10 days' notice in writing to the opposite party of the time and place at which and the officer before whom such depositions will be taken. No deposition shall be taken after the last Monday preceding the day fixed by law for the meeting of the legislature, except in case of sickness or unavoidable absence of witnesses.

AB380, s. 2 Section 2. 17.16 (1) of the statutes is repealed and recreated to read:

AB380,5,13 17.16 (1) Removals from office at pleasure shall be made by order, a copy of which shall be filed as provided by sub. (8), except that a copy of the order of removal of a circuit court commissioner shall be filed in the office of the clerk of the circuit court.

AB380, s. 3 Section 3. 19.01 (4) (c) of the statutes is amended to read:

AB380,5,18 19.01 (4) (c) In the office of the clerk of the circuit court for any county: Of all circuit and supplemental court commissioners, of all family court commissioners, of all municipal judges, and of all other judges or judicial officers elected or appointed for that county, or whose jurisdiction is limited thereto;

AB380, s. 4 Section 4. 20.445 (3) (cb) of the statutes is amended to read:

AB380,6,4 20.445 (3) (cb) Child support collection—county administration. The amounts in the schedule for the county child support order revision programs under s. 49.23 (1), for state incentive payments under s. 49.23 (2), for assistance to counties in establishing paternity and obtaining child support and for payments to Milwaukee County under s. 49.25 (8) (b) to fund an additional family circuit court commissioner to assist in matters affecting the family.

AB380, s. 5 Section 5. 40.08 (9m) of the statutes is amended to read:

AB380,6,12 40.08 (9m) Guardians. An application for a benefit, a designation of a beneficiary or any other document which has a long-term effect on a person's rights and benefits under this chapter and which requires a signature may be signed and filed by a guardian of the estate when accompanied by a photocopy or facsimile of an order of guardianship issued by a circuit court judge or a register in probate or a probate circuit court commissioner who is assigned the authority to issue such orders under s. 757.72 (2) or (5) 851.73 (1) (g).

AB380, s. 6 Section 6. 46.03 (3) of the statutes is amended to read:

AB380,6,19 46.03 (3) Trustee duty. Take and hold in trust, whenever it considers acceptance advantageous, all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust; and when ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or family a circuit court commissioner under s. 767.475 (7).

AB380, s. 7 Section 7. 48.06 (1) (a) 2. of the statutes is amended to read:

AB380,7,2 48.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for child welfare matters under this chapter and the department shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 48.065 (1).

AB380, s. 8 Section 8. 48.065 (title) of the statutes is repealed.

AB380, s. 9 Section 9. 48.065 (1) of the statutes is renumbered 757.68 (3m) and amended to read:

AB380,7,16 757.68 (3m) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint establish one or more circuit court commissioner positions on a part-time or full-time juvenile court commissioners who basis to assist in matters affecting juveniles. A circuit court commissioner under this subsection shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of children and unborn children. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.

AB380, s. 10 Section 10. 48.065 (2) to (4) of the statutes are repealed.

AB380, s. 11 Section 11. 48.208 (4) of the statutes is amended to read:

AB380,7,22 48.208 (4) Probable cause exists to believe that the child, having been placed in nonsecure custody by an intake worker under s. 48.207 (1) or by the judge or juvenile a circuit court commissioner under s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.

AB380, s. 12 Section 12. 48.21 (1) (a) of the statutes is amended to read:

AB380,8,11 48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

AB380, s. 13 Section 13. 48.21 (1) (b) of the statutes is amended to read:

AB380,9,8 48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or juvenile circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that the child is an imminent danger to himself or herself or to others, that probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care or, if the child is an expectant mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the child's immediate release from custody.

AB380, s. 14 Section 14. 48.21 (4) (intro.) of the statutes is amended to read:

AB380,9,12 48.21 (4) Continuation of custody. (intro.) If the judge or juvenile circuit court commissioner finds that the child should be continued in custody under the criteria of s. 48.205, he or she shall enter one of the following orders:

AB380, s. 15 Section 15. 48.21 (7) of the statutes is amended to read:

AB380,9,20 48.21 (7) Informal disposition. If the judge or juvenile circuit court commissioner determines that the best interests of the child and the public are served or, in the case of a child expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., that the best interests of the unborn child and the public are served, he or she may enter a consent decree under s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with s. 48.245.

AB380, s. 16 Section 16. 48.213 (1) (a) of the statutes is amended to read:

AB380,9,25 48.213 (1) (a) If an adult expectant mother of an unborn child who has been taken into custody is not released under s. 48.203, a hearing to determine whether the adult expectant mother shall continue to be held in custody under the criteria of s. 48.205 (1m) shall be conducted by the judge or juvenile a circuit court commissioner within 48 hours after the time that the decision to hold the adult expectant mother was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed when an adult expectant mother is taken into custody under s. 48.193 (1) (b) or (d) 1. or 3., in which case a written statement of the reasons for holding the adult expectant mother in custody shall be substituted if the petition is not filed. If no hearing has been held within those 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the adult expectant mother shall be released except as provided in par. (b).

AB380, s. 17 Section 17. 48.213 (1) (b) of the statutes is amended to read:

AB380,11,2 48.213 (1) (b) If no petition has been filed by the time of the hearing, an adult expectant mother of an unborn child may be held in custody with the approval of the judge or juvenile circuit court commissioner for an additional 72 hours after the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that there is a substantial risk that if the adult expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the adult expectant mother's immediate release from custody.

AB380, s. 18 Section 18. 48.213 (3) (intro.) of the statutes is amended to read:

AB380,11,7 48.213 (3) Continuation of custody. (intro.) If the judge or juvenile circuit court commissioner finds that the adult expectant mother should be continued in custody under the criteria of s. 48.205 (1m), the judge or juvenile circuit court commissioner shall enter one of the following orders:

AB380, s. 19 Section 19. 48.213 (6) of the statutes is amended to read:

AB380,11,13 48.213 (6) Informal disposition. If the judge or juvenile circuit court commissioner determines that the best interests of the unborn child and the public are served, the judge or juvenile circuit court commissioner may enter a consent decree under s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with s. 48.245.

AB380, s. 20 Section 20. 48.227 (4) (a) of the statutes is amended to read: