AB380: Bill Text

AB380, s. 48 Section 48. 59.37 of the statutes is amended to read:

AB380,26,15 59.37 Service when no coroner. Whenever there is a vacancy in the office of coroner, or when the coroner is absent from the county, sick or unable to perform the duties of that office, or for any reason, except the nonpayment of legal fees, refuses to serve and execute legal process against the sheriff in any action commenced in any court of record within the county for which the coroner was or should have been elected, any judge of a court of record or circuit court commissioner of the county may, on proof of the vacancy, sickness, absence or refusal to serve and execute such process, by an order to be endorsed on such process and addressed to him or her, empower any citizen of the county in which such process is to be served and executed to serve and execute the same; and that order shall be sufficient authority to the person therein named to serve and execute such process with like powers, liabilities and fees as the coroner.

AB380, s. 49 Section 49. 59.53 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB380,27,7 59.53 (5) (a) The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family circuit court commissioner commissioners and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB380, s. 50 Section 50. 59.53 (5m) (a) of the statutes is amended to read:

AB380,27,16 59.53 (5m) (a) Subject to approval of the department of workforce development under par. (am), designate by resolution any office, officer, board, department or agency as the county support collection designee to receive and disburse child and spousal support payments ordered by the court under s. 948.22 (7) and child and family support payments and maintenance payments ordered by the court or the family a circuit court commissioner under ch. 767 or ordered by a court in another county or jurisdiction but enforced or received by the court of the support collection designee's county.

AB380, s. 51 Section 51. 59.64 (1) (c) (title), 1. (intro.) and 2. of the statutes are amended to read:

AB380,27,24 59.64 (1) (c) (title) Of circuit and supplemental court commissioners. 1. (intro.) Court Circuit and supplemental court commissioners shall, on or before the first Monday of November in each year, forward to the clerk of their respective counties a correct statement of all actions or proceedings had before them, during the immediately preceding year, in which the county became liable for costs. The statement shall include all of the following:

AB380,28,6 2. The clerk shall file the statements described in subd. 1. in his or her office. Any circuit or supplemental court commissioner who neglects to make and return the statements within the time prescribed in subd. 1. shall not receive any compensation from the county for any service rendered by him or her in any criminal case or proceeding during the year next preceding the time when the statement is required to be made and returned.

AB380, s. 52 Section 52. 59.64 (1) (d) (intro.) of the statutes is amended to read:

AB380,28,11 59.64 (1) (d) Of court officers; certification; audit by district attorney; waiver. (intro.) Fees of officers, in any action or proceeding before a circuit or supplemental court commissioner, shall be certified to and allowed by the board in the following manner:

AB380, s. 53 Section 53. 59.64 (1) (d) 1. (intro.) of the statutes is amended to read:

AB380,28,19 59.64 (1) (d) 1. (intro.) At least 10 days before the annual meeting of the board, every circuit and supplemental court commissioner shall make and file with the clerk a certified statement of all actions or proceedings had or tried before him or her within the year next preceding the date of the statement in which the state was a party and in which the county became liable for the fees of officers who appeared on the part of either the state or a defendant. The statement shall include all of the following:

AB380, s. 54 Section 54. 59.64 (1) (e) of the statutes is amended to read:

AB380,29,2 59.64 (1) (e) Fees for statements and certificates. Every circuit or supplemental court commissioner shall receive from the treasurer $1 per page for making statements and returns required by par. (c) and $1 for making each certificate required by par. (d). All such statements and certificates shall be transmitted to the clerk by certified mail and for transmitting the statements and certificates the circuit or supplemental court commissioner shall receive $1.

AB380, s. 55 Section 55. 59.64 (1) (f) of the statutes is amended to read:

AB380,29,7 59.64 (1) (f) Court Circuit and supplemental court commissioners. The board at any session thereof may as provided in par. (d) 2. examine and allow any statement, account or claim of any circuit or supplemental court commissioner which is on file with the clerk before the opening of the session of the board.

AB380, s. 56 Section 56. 59.64 (1) (g) 4. of the statutes is amended to read:

AB380,29,13 59.64 (1) (g) 4. Any judge or circuit or supplemental court commissioner, juror, witness, interpreter, attorney, guardian ad litem or recipient of transcript fees who makes, signs or endorses any such certificate or order which is untrue in respect to anything material, which he or she knows to be false, or which he or she does not have good reason to believe is true, shall be punished as provided in s. 946.12.

AB380, s. 57 Section 57. 59.79 (5) of the statutes is amended to read:

AB380,29,20 59.79 (5) Fee for certain marriage ceremonies. Enact an ordinance imposing a fee to be paid in advance to the clerk for each marriage ceremony performed by a judge or a circuit or supplemental court commissioner specified in s. 765.16 (5) in the courthouse, safety building or children's court center during hours when any office in those public buildings is open for the transaction of business. The amount of the fee shall be determined by the board.

AB380, s. 58 Section 58. 63.03 (2) (z) of the statutes is amended to read:

AB380,29,23 63.03 (2) (z) Full-time Circuit court commissioners under s. 757.68 (1) employed on a full-time basis.

AB380, s. 59 Section 59. 69.15 (3m) (a) 3. and 4. of the statutes are amended to read:

AB380,30,5 69.15 (3m) (a) 3. Except as provided in subd. 4, the person rescinding the statement files the document under subd. 2. before the day on which a court or family circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB380,30,11 4. If the person rescinding the statement was under age 18 when the statement was filed, the person files the document under subd. 2. before the day on which a court or family circuit court commissioner makes an order in an action affecting the family involving the man who signed the statement as the father of the registrant and the child who is the subject of the statement or before 60 days elapse after the person attains age 18, whichever occurs first.

AB380, s. 60 Section 60. 75.43 of the statutes is amended to read:

AB380,31,2 75.43 Election to receive deposit; costs. The county may, at any time within 20 days after receiving an answer showing that a deposit has been made by any defendant or defendants as provided in s. 75.42, give notice to such defendant or defendants that it elects to receive such deposit and that it will, at a time specified in such notice, apply to the clerk of the circuit court, circuit judge or a circuit court commissioner to adjust the costs and disbursements which said defendant or defendants ought to pay, and that upon the payment of the costs and disbursements so adjudged the county will release to such defendant or defendants all right, title and claim which it has to the parcel or parcels of land on account of which such the deposit is made by virtue of any deed made for the nonpayment of taxes; and unless such the costs are paid within 20 days after the same shall have been so adjusted the clerk of the court shall, upon presentation of an affidavit showing the nonpayment thereof, enter judgment therefor in favor of the county and against the defendant, which shall be enforced as other money judgments.

AB380, s. 61 Section 61. 101.02 (5) (c) of the statutes is amended to read:

AB380,31,8 101.02 (5) (c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in this subchapter to the department, the same powers as a supplemental court commissioner with regard to the taking of depositions and all powers granted by law to a supplemental court commissioner relative to depositions.

AB380, s. 62 Section 62. 103.005 (5) (c) of the statutes is amended to read:

AB380,31,14 103.005 (5) (c) In the discharge of his or her duties such agent shall have every power of an inquisitorial nature granted in chs. 103 to 106 to the department, the same powers as a supplemental court commissioner with regard to the taking of depositions and all powers granted by law to a supplemental court commissioner relative to depositions.

AB380, s. 63 Section 63. 133.10 (1) of the statutes is amended to read:

AB380,32,2 133.10 (1) The examination of any party, or if a corporation or limited liability company be a party, of the president, secretary, other principal officer or the general managing agent thereof, or of the person who was such president, secretary, officer or agent at the time of the occurrence of the facts made the subject of the examination, or of any person acting for another or for a corporation, limited liability company or partnership, other than as a witness on a trial, may be taken by deposition at the instance of the department of justice in any such action or proceeding at any time between the commencement thereof and final judgment. Such deposition shall be taken within the state before a judge at chambers or a supplemental court commissioner on previous notice to such party and any other adverse party or the attorney thereof of at least 5 days, and may be taken without the state.

AB380, s. 64 Section 64. 133.11 (1) of the statutes is amended to read:

AB380,32,12 133.11 (1) Whenever the attorney general files with any supplemental court commissioner a statement that the attorney general has reason to believe and does believe that a violation of this chapter has occurred, the commissioner shall issue a subpoena or a subpoena requiring the production of materials as requested by the department of justice. Mileage or witness fees are not required to be paid in advance but claims for such mileage and fees duly verified and approved by the department of justice shall be audited and paid out of the state treasury and charged to the appropriation provided by s. 20.455 (1) (d), and shall be at the same rates as witnesses in the circuit court.

AB380, s. 65 Section 65. 133.11 (3) of the statutes is amended to read:

AB380,32,16 133.11 (3) The supplemental court commissioner shall be entitled to the fees as provided in s. 814.68 (1). All such fees and all other costs and expenses incident to the inquiry shall be paid out of the appropriation provided by s. 20.455 (1) (d).

AB380, s. 66 Section 66. 171.04 (1) of the statutes is amended to read:

AB380,33,2 171.04 (1) If any property delivered to any forwarding merchant, wharfinger or warehouse keeper, for carriage or storage, is in a state of decay or manifestly liable to immediate damage and decay, the person in whose custody the property is, the person's agent or attorney, may make an affidavit of this fact, and present the affidavit to a circuit judge or supplemental court commissioner for the county in which the property is located, and the circuit judge or supplemental court commissioner shall immediately make an order requiring the sheriff or any constable of the county to immediately inspect the property, and directing him or her, if it is found to be in a state of decay or manifestly liable to immediate damage or decay, to summarily sell the property without notice.

AB380, s. 67 Section 67. 171.04 (2) of the statutes is amended to read:

AB380,33,11 171.04 (2) If the sheriff or constable, upon inspection, finds the property to be in a state of decay, or manifestly liable to immediate damage or decay, the sheriff or constable shall attach to the order his or her affidavit stating such fact, and shall make an inventory of the property, and shall summarily sell the property without notice, and shall make full return of the sheriff's or constable's execution of the order to the judge or supplemental court commissioner who issued the same, together with the sheriff's or constable's affidavit, inventory and the proceeds of said sale, after deducting the sheriff's or constable's fees therefrom.

AB380, s. 68 Section 68. 171.04 (3) of the statutes is amended to read:

AB380,33,19 171.04 (3) From the proceeds of such sale, the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if any, the judge or supplemental court commissioner shall immediately pay over to the treasurer of the judge's or commissioner's county, with a copy of all the proceedings in the matter. The county treasurer shall file the copy in his or her office.

AB380, s. 69 Section 69. 171.05 of the statutes is amended to read:

AB380,34,23 171.05 Perishable property, held otherwise, how disposed of. If any property is perishable or subject to decay by keeping, the person in whose custody the property is, the person's agent or attorney, may make an affidavit of this fact and present the affidavit to a circuit judge or supplemental court commissioner for the county in which the property is located, and the judge or supplemental court commissioner shall immediately make an order requiring the sheriff or any constable of the county to immediately inspect the property, and if it is found to be perishable or subject to decay by keeping, to make and return an affidavit of this fact. Upon the return of this affidavit, the judge or supplemental court commissioner making the order shall immediately issue an order requiring the sheriff or constable to sell the property at public auction, giving notice of the time and place of the sale by publication of a class 1 notice, under ch. 985, and serving upon the consignor, the consignee and the custodian of the property, if they are known, a copy of the notice by mail. The sheriff or constable shall, at the time and place fixed by the notice, unless the property has been otherwise lawfully disposed of, sell the property at public auction, and shall make full return of his or her execution of the order, and return the same with an inventory of the property and the proceeds of the sale, after deducting his or her fees, to the judge or supplemental court commissioner making the order. From the proceeds of the sale, the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, or a ratable proportion of each charge, if the proceeds of the sale are not sufficient to pay all the charges; and the balance, if any, the judge or supplemental court commissioner shall immediately pay over to the treasurer of the county, with a copy of all the proceedings in the matter. The county treasurer shall file the copy in his or her office. The person in whose custody the property is when the proceedings for the sale were commenced, shall immediately notify the consignor and consignee of the sale, in writing which shall be served by leaving a copy with the consignor and consignee personally or by mail.

AB380, s. 70 Section 70. 171.06 of the statutes is amended to read:

AB380,36,5 171.06 Unclaimed property, how disposed of. When any property is not perishable or subject to decay and is not claimed and taken away within one year after it was received, it may be sold as follows: The person in whose custody the property is, or the person's agent or attorney, may make an affidavit of the facts and present the same to a judge or supplemental court commissioner of the county in which the property is located and such judge or supplemental court commissioner shall immediately issue an order requiring the sheriff or any constable of the county to sell the property at public auction, giving 60 days' notice of the time and place of the sale to the consignor, the consignee and the custodian of the property. This notice shall be in writing and served personally or by mail upon the persons whose names and residences are known. If the name or residence of any of the persons is unknown and cannot be ascertained with reasonable diligence, the sheriff or constable shall make an affidavit of this fact and shall publish a class 3 notice, under ch. 985, in the county. At the time and place of the sale the sheriff or constable shall sell the property at public auction and shall make a full return of the sheriff's or constable's proceedings under the order to the judge or supplemental court commissioner issuing the order, together with proof of service or publication of the notice of the sale, and an inventory of the property sold and the proceeds of the sale after deducting the sheriff's or constable's fees. From the proceeds of the sale the judge or supplemental court commissioner shall pay all legal charges that have been incurred in relation to the property, including the charges of the person in whose custody the property was when the proceedings were begun, or a ratable proportion of each charge if the proceeds of the sale are not sufficient to pay all of the charges; and the balance, if any, the. The judge or supplemental court commissioner shall immediately pay any balance remaining over to the treasurer of his or her county, with a copy of all proceedings in the matter. The county treasurer shall file the copy in his or her office. The person in whose custody the property is when any proceeding for the sale is commenced, shall immediately notify the consignor and consignee of the sale, in writing, and served by leaving a copy thereof with the consignor and consignee, personally or by mail.

AB380, s. 71 Section 71. 196.24 (2) of the statutes is amended to read:

AB380,36,10 196.24 (2) In the discharge of his or her duties, an agent appointed under sub. (1) shall have any inquisitional power granted to the commission and the power of a supplemental court commissioner to take depositions under s. 757.69 (3) 757.675 (2) (b).

AB380, s. 72 Section 72. 563.71 (1) (a) of the statutes is amended to read:

AB380,36,19 563.71 (1) (a) Whenever the attorney general files with a circuit or supplemental court commissioner a statement that the attorney general believes that a violation of this chapter has occurred, the commissioner shall issue a subpoena for any person requested or named by the attorney general. Mileage and witness fees need not be paid in advance, but only verified claims for mileage and fees which are approved by the attorney general shall be paid out of the state treasury and charged to the appropriation under s. 20.455 (1) (d) and shall be the same rates as those paid witnesses in circuit court.

AB380, s. 73 Section 73. 563.71 (1) (c) of the statutes is amended to read:

AB380,36,23 563.71 (1) (c) The supplemental court commissioner shall be entitled to the fees under s. 814.68 (1). All such fees and all other costs and expenses incident to such inquiry shall be paid out of the appropriation under s. 20.455 (1) (d).

AB380, s. 74 Section 74. 753.175 of the statutes is repealed.

AB380, s. 75 Section 75. 757.001 of the statutes is created to read:

AB380,37,1 757.001 Definitions. In this chapter:

AB380,37,4 (1) "Circuit court commissioner" means a person appointed under SCR 75.02 (1) and a supplemental court commissioner authorized under SCR 75.02 (3) to the limited extent of that authorization.

AB380,37,6 (2) "Supplemental court commissioner" means a person appointed under s. 757.675 (1).

AB380, s. 76 Section 76. 757.01 (4) of the statutes is created to read:

AB380,37,9 757.01 (4) To exercise any of the powers and duties of a circuit court commissioner.

AB380, s. 77 Section 77. 757.24 of the statutes is amended to read:

AB380,37,16 757.24 Liability of judicial officers. Circuit judges and circuit and supplemental court commissioners shall be held personally liable to any party injured for any wilful violation of the law in granting injunctions and appointing receivers, or for refusing to hear motions to dissolve injunctions and to discharge receivers if the motions are made in accordance with law or such rules as are promulgated by the supreme court.

AB380, s. 78 Section 78. 757.30 (2) of the statutes is amended to read:

AB380,37,25 757.30 (2) Every person who appears as agent, representative or attorney, for or on behalf of any other person, or any firm, partnership, association or corporation in any action or proceeding in or before any court of record, circuit or supplemental court commissioner, or judicial tribunal of the United States, or of any state, or who otherwise, in or out of court, for compensation or pecuniary reward gives professional legal advice not incidental to his or her usual or ordinary business, or renders any legal service for any other person, or any firm, partnership, association or corporation, shall be deemed to be practicing law within the meaning of this section.

AB380, s. 79 Section 79. 757.675 (title) of the statutes is created to read:

AB380,38,2 757.675 (title) Supplemental court commissioners.

AB380, s. 80 Section 80. 757.68 (title) of the statutes is amended to read:

AB380,38,4 757.68 (title) Court Circuit court commissioners.

AB380, s. 81 Section 81. 757.68 (1) of the statutes is repealed and recreated to read:

AB380,38,18 757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. Chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.

AB380, s. 82 Section 82. 757.68 (2) (title) of the statutes is repealed.

AB380, s. 83 Section 83. 757.68 (2) of the statutes is renumbered 757.675 (1) and amended to read:

AB380,39,16 757.675 (1) In each county the circuit judges shall appoint such number of part-time supplemental court commissioners as the proper transaction of business requires subject to the following exception:, except that in counties having a population of 200,000 or more each judge may appoint not more than 2 such supplemental court commissioners and in counties having a population of less than 200,000 each judge shall, as nearly as possible, appoint an equal number of supplemental court commissioners within the county. In all counties the appointments shall be subject to the approval of a majority of the circuit judges for the county. Appointments shall be in writing and shall be filed in the office of the clerk of the circuit court. All supplemental court commissioners appointed after May 16, 1978, other than official court reporters acting under s. 814.68 (1) (b) performing duties or exercising powers specified for court reporters, shall be attorneys licensed to practice in this state. The appointing judge may remove, at will and without cause, any supplemental court commissioner appointed by the judge or the judge's predecessor in office. Unless he or she is so removed, the term of each supplemental court commissioner shall continue until the expiration of the term of the appointing judge and until the successor of the commissioner is appointed and qualified. Each supplemental court commissioner shall take and file the official oath in the office of clerk of the circuit court of the county for which appointed before performing any duty of the office.

AB380, s. 84 Section 84. 757.68 (3), (4) and (5) (title) of the statutes are repealed.

AB380, s. 85 Section 85. 757.68 (5) of the statutes is renumbered 757.675 (6) and amended to read:

AB380,39,21 757.675 (6) Part-time Supplemental court commissioners appointed under sub. (2) (1) shall collect the fees prescribed in s. 814.68 (1).

AB380, s. 86 Section 86. 757.68 (5m) of the statutes is created to read:

AB380,40,3 757.68 (5m) In counties having a population of 500,000 or more, the county board shall establish at least one circuit court commissioner position on a full-time basis to assist in small claims matters under ch. 799. In counties having a population of less than 500,000, the county board may establish one or more circuit court commissioner positions on a part-time or full-time basis to assist in small claims matters under ch. 799.

AB380, s. 87 Section 87. 757.68 (6) of the statutes is created to read:

AB380,40,7 757.68 (6) The county board shall set the salary of persons appointed as circuit court commissioners. The county board shall furnish circuit court commissioners with necessary office space, furnishings, supplies and services.

AB380, s. 88 Section 88. 757.68 (7) of the statutes is created to read:

AB380,40,12 757.68 (7) The chief judge of the judicial administrative district may assign law clerks, bailiffs and deputies to a circuit court commissioner. The chief judge shall supervise those law clerks, bailiffs and deputies assigned to the court, except that the chief judge may delegate that authority.

AB380, s. 89 Section 89. 757.69 (title) of the statutes is amended to read:

AB380,40,14 757.69 (title) Powers and duties of circuit court commissioners.

AB380, s. 90 Section 90. 757.69 (1) (intro.) of the statutes is repealed and recreated to read:

AB380,40,16 757.69 (1) (intro.) A circuit court commissioner may:

AB380, s. 91 Section 91. 757.69 (1) (b) of the statutes is amended to read:

AB380,41,5 757.69 (1) (b) In criminal matters issue summonses, arrest warrants or search warrants and, determine probable cause to support a warrantless arrest, conduct initial appearances of persons arrested and, set bail to the same extent as a judge. At the initial appearance, the court commissioner shall, when necessary, inform the defendant in accordance with s. 970.02 (1). If the defendant appears or claims to be unable to afford counsel, the court commissioner, in accordance with s. 970.02 (6), may and refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the court commissioner is a full-time A circuit court commissioner, he or she employed on a full-time basis may conduct the preliminary examination and arraignment to the same extent as a judge and, with the consent of both the state and the defendant, may accept a guilty plea. If a court refers a disputed restitution issue under s. 973.20 (13) (c) 4., the circuit court commissioner shall conduct the hearing on the matter in accordance with s. 973.20 (13) (c) 4.